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10-06-09 Item 8South Miami ;I- Ameficae Y CITY OF SOUTH MIAMI I I® 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, Director t Planning and Zoning Department Date: October 6, 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 FAIRCHILD TROPICAL GARDEN EDIBLE GARDEN FESTIVAL A FUND RAISING EVENT TO BE HELD AT THE GARDENS OCTOBER 24-25,2009; 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 an Edible Garden Festival, a fundraising event to be held at the Garden on the weekend of October 24 -25, 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 October 24 -25, 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 October 9 -23, 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 LDC Section 20- 4.3(N) Banner Status Report 2009 X: (Comm Items12009V 0- 6- WBannerFairchild Edible Garden Festival CM Report.doc 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(N) TO PERMIT THE INSTALLATION OF A 6 BANNER OVER SUNSET DRIVE TO PROMOTE THE FAIRCHILD TROPICAL GARDEN 7 EDIBLE GARDEN FESTIVAL A FUND RAISING EVENT TO BE HELD AT THE GARDENS 8 OCTOBER 24-25,2009; 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 an Edible Garden Festival, a fundraising event to be held at the Garden on the weekend of 17 October 24 -25, 2009; and 18 1 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 I. 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 the Edible Garden Festival a fundraising event to be held at 31 Fairchild Gardens, 10901 Old Cutler Road on the weekend of October 24 -25, 2009 is hereby approved for 32 hanging during the period October 9 -23, 2009. 33 34 35 36 Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of 37 38 ATTEST: 39 40 41 CITY CLERK 42 43 44 READ AND APPROVED AS TO FORM: 45 46 47 48 49 CITY ATTORNEY 50 92009. APPROVED: uf�men Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissione0ellars 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 Q\ r CV\i � 0\ _1 ro, t Co, i GoA o.f\ i C G 0.�r-cka f" Address of � Organization l ('� q (� T so_.Okel' L 3315 . Contact Person 60.b � 0 Title Yrt yy,ekAca — PVa _aPhone 30S . GCO Briefly describe event for which you wish to display a banner in South Miami. leovr�v\4 how, -t-o.cveo.�e �ne�r ow r\ ueaet�b��aaydens aA"home -1-E ea n 0.nA C6nSevUct ion P1o),arAG. Event dates) So't Lor Aorta Qs\'A S O c\_'8ct o be r al-� 0.^A. as-, aoo C1 . Dates banner to be displayed (2\ to cto b r 2 Location(s) 58 00 5-)nSeA- Niue . A fee � per banner is required to cover cost incurred by the city to hang and remove the banner. �•� Received by Check # l� ATTACHMENTS REQU D: Proof of Insurance Recd Banner Design (including wording) Rec'd ➢ Banners will be displayed 10 -14 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- 3 -4 Feet Wide, 60 Feet of % nylon rope with hooks and the banner must have vents. ----------------------------------------------------------------------------------------------------------- City Commission Approval Resolution No. Date Date City Manager (To be signed by City Manager following approval by City Commission) i U-j .1�1 OTHER REGULATIONS 20 -4.3 (N) 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 thirty (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 (3) special events shall be displayed at any given time; (c) Banners may be displayed ten (1 0) to fourteen (14). days before the advertised event takes. place; banners must be removed within five (5) days after the end of the special event. (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 two hundred and fifty - dollar ($250.00) 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 (1) of the firms approved by, the city to hang and remove the banners will be the only entities performing this task. (Ord. No. 1 -91- 1466,1- 15 -91; Ord. No. 9 -92 -1504, 5- 19 -92; Ord. No. 4 -93 -1533, 6 -1 -93; Ord: No. 18 -93 -1544, §§ 2, 3, 11- 16 -93; Ord. No. 19 -96 -1619, § 1, 10 -1 -96; Ord. No. 6 -98 -1654) § 3, 4- 21 -98; Ord, No. 9 -99 -1683, §§ 2, 3, 5 -4 -99; Ord. No. 22 -01 -1753, § 1, 10 -2 -01; Ord. No. 10 -07 -1911, § 1, 5 -1 -07) r i x W H U Q) O o� 0 0 N �1 w N� w w z M� H N C • :. kf) OHO O O r�I1 N N 00 M 00 �O 00 00 00 N N 00 00 O O OC� O O � , kn O Uxz C C O ... 00 O O O 41 O Q Q Q A Q Q C a� 0 0 0 00 00 0°0 000 • 0 0 a 00 � 000 000 000 000 00 Q 00 o � � O 00 kn N N 0p tj ~ �p N y �p �� �p N W L=•�ON. 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