Res. No. 170-07-12555RESOLUTION NO. 170-07-12555
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE TO PROMOTE THE 67TH ANNUAL FAIRCHILD TROPICAL
GARDEN RAMBLE FESTIVAL A FUNDRAISING FAMILY EVENT TO BE HELD AT THE
GARDENS NOVEMBER 17-18,2007: PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over
rights -of way" all non -profit organizations proposing to display a special event banner over a City
street must submit a Banner Request Application; and
WHEREAS, the applicant, Fairchild Tropical Botanic Tropical Gardens, a non - profit
organization, has submitted a Banner Request Application asking for approval to hang a banner over
Sunset Drive in order to promote a the 67 "' Annual Fairchild Tropical Garden Ramble a fundraising family
event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on
the weekend of November 17 -18, 2007; and
WHEREAS, the submitted application contains the required insurance statement,
banner design document, and fee; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
support Fairchild Tropical Botanic Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non-
profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over
Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the 67'h Annual
Fairchild Tropical Garden Ramble a fundraising family event to be held at Fairchild Gardens, 10901 Old
Cutler Road which will take place at the Gardens on the weekend of November 17 -18, 2007 is
hereby approved for hanging during the period November 2 -16, 2007,
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this /d Aday of �Cd-, 2007.
ATTEST:
(?�-D _� g -
CITY CLERK
APPROVED:
Res. No. 170 -07 -12555
(2)
READ AND APPROVED AS TO FORM:
c
CITY ATTORNEY ='
PAComm Items12007110- 16- 071Sanner Fairchild Ramble Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
Aii•Amenea City
1 I
,rye CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
T
INTER — OFFICE MEMORANDUM zoot
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
Date: October 16, 2007 ITEM No.
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE
INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE THE 67TH
ANNUAL FAIRCHILD TROPICAL GARDEN RAMBLE FESTIVAL A FUNDRAISING
FAMILY EVENT TO BE HELD AT THE GARDENS NOVEMBER 17 -18, 2007:
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Gardens, a non -profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive in order to
promote a the 67th Annual Fairchild Tropical Garden Ramble a fundraising family event to be
held at Fairchild Gardens, 10901 Old Cutler Road
APPLICABLE REGULATIONS
The City Commission at its May 1, 2007 meeting adopted Ordinance No. 10 -07 -1911 amending
the Land Development Code to require approval of all banners placed across a public street. The
ordinance created Section 20 -4.3 (N) which sets forth regulations governing the placement of
banners. Attached is a copy of the ordinance.
SPECIFIC BANNER REQUEST_
It is requested that the proposed banner would be placed across Sunset Drive at 5880 Sunset
Drive. The event is scheduled to take place on the weekend of November 17 -18, 2007. Attached
is a copy of the application, and a banner design document. The adopted ordinance limits the
display period for a banner to a maximum of 14 days prior to the event. The applicant has
requested a display time period of 14 days, November 2 -16, 2007,
RECOMMENDATION
It is recommended that the banner request be approved for the time period limit set forth in the
Land Development Code (14 days prior to the event). Attached is an approval resolution.
Backup Documentation:
Draft Resolution
Ranner.4pplication and banner design
Ordinance 10 -07 -1911
JP/SAY
P:1Comm Items12 0 0 711 0- 1 6- 0 71Banner Approval Fairchild Ramble Event CM Report.doc
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ORDINANCE NO.
10--07 --1911
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF
THE SOUTH MIANII LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES
AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City Commission approved Resolution No. 140 -95 -9689 setting
forth a policy to regulate the hanging of banners to promote special events in the City; and
WHEREAS, the current policy adopted in 1995 limits banner placement to special events by
non -profit organizations and requires City Commission approval; and
WHEREAS, the Mayor has requested that this policy be codified by incorporating the current
policy set forth in Resolution No_ 140 -95 -9689 into the signage section of the Land Development
Code; and
WHEREAS, the Planning Department has prepared an amendment to the Land Development
Code which creates new Section 20-4.3 (N) to be entitled `Banners over rights-of-way; and
WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing,
approved a motion by a vote of 6 ayes 1 nay recommending that the proposed Land Development
Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read
as follows:
Section 20 -4.3 Banners over rights-of-way
(1) Organizations wishing to display a banner over rights -of way in the City of South
Miami must submit to the Planning Department a "Banner Request" application at
least 30 days in advance.
(2) The City Commission will review all requests and will determine whether the
request conforms to the following guidelines.
(a) Only not for profit organizations may display banners;
(b) Banners for no more than three special events shall be displayed at any given
time;
(c) Banners may be displayed 10 -14 days before the advertised event takes place,
banners must be removed within five days after the and of the special event.
Ord. No. 10 -07 -1911 2
(d) Banner design, color, size, proposed location and wording must be approved
by the City Commission, and must be submitted along with request.
(3) The organization displaying a banner must provide proof of public liability insurance
naming the City of South Miami as additionally insured for the period of time banner is
displayed.
(4) The organization must pay a $250 fee in advance or the actual cost
the oest incurred by the City to hang and remove the banner. The City Commission may
adjust this fee from time to time in order to reflect the current costs of installation. The
_City or one of the firms a proved by the pW to hang and remove the banners will
be the only entitibs performing this task.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this —I S day of
CITY CLERK
I"Reading— 4/3/07
2nd Reading— 5/1 / 0 7
READ AND APPROVED AS TO FORM:
_eTTY_ ATTORNEY
M .,
P:1Comm Items1200714- 24 -07TB- 07-008 LDC Amend Banner Signs Qrd.doc
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Pahner:
yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea
may,
ate.
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