02-17-09 Item 4South Miami
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-— CITY OF SOUTH MIAMI
iNCORPO RATE �
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun; City Manager
From: Sanford A. Youkilis, AICP Acting Planning Directore>dlr
Date: February 17, 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 7TH
ANNUAL FAIRCHILD TROPICAL GARDEN ORCHID FESTIVAL A FUNDRAISING
EVENT TO BE HELD AT THE GARDENS MARCH 13 -15, 2009: 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 the 7t1' Annual Orchid Festival a fundraising 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 be placed across Sunset Drive at 5800 Sunset Drive. The
event is scheduled to take place on the weekend of March 13 -13, 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 applicant has requested a display time
period of 14 days, February 28 -March 1.4, 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
SAYX :ICommltems1200912- 17- 091Banner Fairchild Orchid Event CM Report. doe
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
5 DEVELOPMENT CODE SECTION 20- 4.3(l) TO PERMIT THE INSTALLATION OF A
6 BANNER OVER SUNSET DRIVE TO PROMOTE THE 7TH ANNUAL FAIRCHILD TROPICAL
7 GARDEN ORCHID FESTIVAL A FUND RAISING EVENT TO BE HELD AT THE GARDENS
8 MARCH 13-15,2009; PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over
11 rights -of way" all non - profit organizations proposing to display a special event banner over a City
12 street must submit a Banner Request Application; and
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14 WHEREAS, the applicant, Fairchild Tropical Botanic Tropical Gardens, a non - profit
15 organization, has submitted a Banner Request Application asking for approval to hang a banner over
16 Sunset Drive in order to promote the 7`h Annual Fairchild Tropical Garden Orchid Festival a fundraising
17 event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on
18 the weekend of March 13 -15, 2009; and
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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 7`h Annual Fairchild Tropical Garden
Orchid Festival a fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road on the
weekend of March 13 -15, 2009 is hereby approved for hanging during the period February 28 -March 14,
2009.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this , day of
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CITY CLERK
, 2009.
APPROVED:
MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2009\2- 17- 09\Banner Fairchild Orchid Event Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
L 0 U 71•
CITY OF SOUTH YJIIAMT
PLANNING DEPARTNI.ENT
6130 Sunset Drive, South Miami, Fl 33143
305 -663 -6326
Banner Request Application
npplicatian 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 Tat c Y
Organization _ vC �f�d yo fiCa, � den
Address q M c� +e
Organization `D
Contact Person O " 4' U et o`
TitleOud { �Yo� Phone 3a5 6
A.01%l w o hanner in South Miami.
• id{g r, uu�dvat a hev .li Gi ovs b
Dreg,• A t CLNCd
Event date(:} MheYCt►. l"�. 1'{ t BOO
Dates banner to be displayed T k G to Mgvo ,_ L" , JpoCj .,
Location(s) 'l
A fee of �er banner is required to covet' cost incurred by the city to hang and remove
the banner.
Received by Check'4
ATTACHMENTS REQUIRED: Proof of Insurance Ree'd
Banner Design (including wording) Recd
Y Banners will be displayed 10 -11.4 days before the advertised event takes place;
banners will be removed by the City after the end of the special event.
> Banner Specifications — 30 Feet long X 34 Feet Wide, 6D Feet of Vi nylon rope with
hooks and the banner must have vents.
— - ----� -------- --- --- .----- _.,._�_.,.___ -- -- - -_ ,.---------------- ._— _— ------ ------ - M -----
City Commission Approval Resolution No. Date
Date
City Manager
(7•o be signed by C11y d9a11a90' follmviflg gpprovnl b•t� C•hy CnmmiSSlOn}
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�. E- C7
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 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 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 (1) 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 PI
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE PT ORDAINED BY THE MAYOR AND THE CITY
COMNIISSION OF THE CITY OF SOUTH NIIAMII FLORIDA:
Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read
as follows:
Section 20 -43M Banners over rights -of -wa
(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
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
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 entities performing this task.
Section 3. All ordinances or p 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 day of
AM $ � 0 -
1 FY CLERK
1 n Reading - 4/3/07
2nd Reading- 5/1 / 0 7
READ AND APPROVED AS TO FORM:
ATTORNEY
M= X,
P: \Comm ltems\2007 \4- 24- 071PB -07 -008 LDC Amend Banner Signs Ord.doc
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea