06-02-09 Item 7South Miami
NI- America City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Planning and Zoning Directo
Date: June 2, 2009 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 17TH
ANNUAL FAIRCHILD TROPICAL GARDEN MANGO FESTIVAL A FUND RAISING
EVENT TO BE HELD AT THE GARDENS JULY 11 -12, 2009; PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Garden, a non- profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive at 5800
Sunset Drive in order to promote the 17`x' annual Mango Festival, a fundraising event to be held
at the Garden on the weekend of July 11 -12, 2009.
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 be placed across Sunset Drive at 5800 Sunset Drive. The
event is scheduled to take place on the weekend of July 11 -12, 2009. 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 banner will be displayed June 26 -July 10,
2009.
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
Banner Application and banner design
Ordinance 10 -07 -191,1
Banner Status Report 2009
X.- (Comm Items1200ft- 2- 09Wanner Fairchild Mango festival CM Report.doc
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
5 DEVELOPMENT CODE SECTION 20- 4.3(15) TO PERMIT THE INSTALLATION OF A
6 BANNER OVER SUNSET DRIVE TO PROMOTE THE 17TH ANNUAL FAIRCHILD
7 TROPICAL GARDEN MANGO FESTIVAL A FUND RAISING EVENT TO BE HELD
8 AT THE GARDENS JULY 11-12,2009; PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of
11 way" all non - profit organizations proposing to display a special event banner over a City street must submit
12 a Banner Request Application; and
13
14 WHEREAS, the applicant, Fairchild Tropical Botanic Gardens, a non - profit organization,
15 has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in
16 order to promote its 17`h Annual Mango Festival, a fundraising event to be held at Fairchild Gardens,
17 10901 Old Cutler Road on the weekend of July 11 -12, 2009; and
18
19 WHEREAS, the submitted application contains the required insurance statement, banner
20 design document, and fee; and
21
22 WHEREAS,'the Mayor and City Commission of the City of South Miami desire to support
23 Fairchild Tropical Botanic Gardens.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non - profit
29 organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at
30 5800 Sunset Drive in order to promote a fundraising event entitled the 17th Annual Mango Festival a
31 fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road on the weekend of July 11 -12,
32 2009 is hereby approved for hanging during the period June 26 — July 10, 2009.
33
34 Section 2. This resolution shall be effective immediately upon being approved.
35
36 PASSED AND ADOPTED this , day of , 2009.
37
38 ATTEST: APPROVED:
39
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50
CITY CLERK
READ AND APPROVED AS TO FORM:
MAYOR
CITY ATTORNEY
XAComm Items\2009 \6- 2- 09\Banner Fairchild Mango Festival Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner :
f
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CITY OF SOUTH MIAMI
PLANNING DEPARTMENT
6130 Sunset Drive, South Miami, F133143
305- 663 -6326
Banner Request Application
Application for the purpose of requesting approval to display banners over public streets promoting events
as set forth in Ordinance No. 10 -07 -1911; LDC Section 20- 4.3(N) Attached
Name of Not for Profit
Organization 'Fat r- ck i I d IMDiCa\
Address of
Organization 10 q O n � Ch CO R cod
C'�or01 ewo \t5 R \CO l0
Contact Person \,l Q ne-SSc:% A ja y e -
Title KA )4--k AS, 5\ 5 --Gig \ Phone 30S U(07 � U S 1
Briefly describe event for which you wish to display a banner in South Miami.
e --ts-VA va
11 —►�
Event date(s) — \O4ti y `4 -2-009
Dates banner t 2 e da- splayed `��'1�- :24 to � \ C) 00c)q
Location(s) 5 � �
A fee of $300 per banner is required to cover cost incurred by the city to hang and remove
the banner.
Received b �. Check # C®q 6 ('0 .4
ATTACHMENTS REQUIRED: Proof of Insurance Recd
Banner Design (including wording) Rec'd
-----------------------------------------------------------------------------------------------------------
City Commission Approval Resolution No. Date
Date
City Manager (To be signed by City Manager following approval by City Commission)
Rev. 1212,008
A I Formsl PB- Banner Applicntion.doe
ORDINANCE NO. 10-07-1911
AN ORDINANCE OF THE MAYOR AND CITY C011f\ZLSSION OF THE CITY OF
SOUTH MIAlYII, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF
THE SOUTH MIAMI 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 barmers 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 (l) 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 MfAMI, FLORIDA:
Section 1. That Section 20- 4:3(1) of the Land Development Code is hereby enacted and will read
as follows:
Section 20-4.3(M Banners over rights- of -mlav
(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 end of the special event.
Ord. No. 10 -07 -1911
(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
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 approved by the city 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 1 St
C•rJ -Y CLERK
1" Reading — 4/3/07
2nd Reading — 5 / 1 / 0 7
READ AND APPROVED AS TO FORM:
Y ATTORNEY
day of M�"
P: \Comm Items\2007\4- 24- 07\PB -07 -008 LDC Amend Banner Signs Ord.doc
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beclanaa:
Yea
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