10-02-07 Item 4To:
Via:
South Miami
AII•America0v
CITY OF SOUTH MIAMI 1 I r
OFFICE OF THE (CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, City Manager
From: ulian Perez, Planning Director
.nr
Date: October 2, 2007
ITEM No. 4—
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(1) TO PERMIT THE
INSTALLATION OF A BANNER OVER SUNSET DRIVE AT SW 59 AVENUE TO
PROMOTE A HALLOWEEN FUNDRAISING EVENT AT FAIRCHILD TROPICAL
BOTANIC GARDENS TO BE HELD OCTOBER 27 -28, 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 fundraising event entitled Halloween Happenings 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
The proposed banner would be placed across Sunset Drive east of SW 59th Avenue. The event is
scheduled to take place on the weekend of October 27 -28, 2007. Attached is a copy of the
application, the required insurance statement 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, October 13, 2007 to October 27, 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
Banner Application and banner design
Ordinance 10 -07 -1911
JP /SAY
P: \Comm Items \2007 \10- 2- 07\Banner Approval Fairchild Halloween Event CM Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
DEVELOPMENT CODE SECTION 204.3(N) TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE AT SW 59 AVENUE TO PROMOTE A HALLOWEEN
FUNDRAISING EVENT AT FAIRCHILD TROPICAL BOTANIC GARDENS TO BE HELD
OCTOBER 27-28,2007: 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 Gardens„ a non - profit
organization, has submitted a Banner Request Application asking for approval to hang a banner
over Sunset Drive east of SW 59th Avenue in order to promote the promote a fundraising event entitled
Halloween Happenings to be held at Fairchild Gardens, 10901 Old Cutler Road, which will take place at
the Gardens on the weekend of October 27 -28, 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 banner request submitted by Fairchild Tropical Botanic Gardens, a non-
profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ")
over Sunset Drive east of SW 59t" Avenue in order to promote a fundraising event entitled Halloween
Happenings to be held at Fairchild Gardens, 10901 Old Cutler Road, which event will take place at the
Gardens on the weekend of October 27 -28, 2007; is hereby approved for the period October 13 thru
October 27, 2007.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
, day of 52007.
APPROVED:
MAYOR
Aug., 6.",2007:) :58PM8S66C1 tyOf South Miami mvclT�' tP hlzAMZ hh. ►150 1P- 8 e2
crrx og Q%A AAA mix gx
,PLANNING DEPARTMENT
6130 Sunset Drive, South lVJiiu4 F133143
17 30S."34326
Banner Request AIpplies than
Appllcatiori for the pWoae ofrequeOng approval to display banner!. avcr public strew lnsy n i )ttng cva b
as set font in Ordinance X6 10 -01 -i 911 ; LDC salon 1043(N) .A%lttd1a"
Name of.Nnt for Pmfit
organinflor
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Ertefly describe .vent for which you wish to display a bannar in South �Oekgi n
Uo& w ee!N. A0 rod 1t $
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Dates bander to be draplayed Oetobev 1'3 to 0 C-to e V =' �
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A fee of S250 per bane is reilrodred to cow, Mt Incurred tT *4 City to W11j,' 914 d i fr4MOV0
Check # . � ... ..
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AT XCUl MNTSPXQ : Proof ofbisantnes Rea9
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City Commla lon Approval ltesolut(o!4 No._. _-]Date
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Sep -24 -2007 02:15pm From-ARTHUR GALLAGHER CO
+3055134296 T -631 P.002/005 F -008
ACORD,, CERTIFICATE OF LIABILITY( INSURANCE _j oiz4io7"YY"'
PROOUCER 1 -305- 592 -6050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ArtbUr J. Gallagher Risk 14=69ement Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13200 N.W 4lat Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suitq 200
Miami. FL 33166
INSURIERS AFFORDING COVERAGE NAIC #
INSUREO
Fairchild Tropical Botanic Garden
10901 Old Cutler Rd.
Coral Gables, FL 33156
COVERAGES
INSURERA:VigilArat In8urance Co-
INSuRER B: -
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1NSR a POLICY NUMBER POLICYEFFECTIHE PO cYEXPIRATION LIMITS
A
X
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35367194
03/01/07
03/01/08
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$ 1,000,000
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52,000,000
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$2,000,000
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OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENTI SPECIAL PROVISIONS
RE: Halloween Happening* at Fairchild Tropical Botanic Garden, being held October 27 -26, 2007. Banner being displayed
from October 13 -27, 2007, located at 72rid street junt Bast of 59th avonue.
City of south Miami
6130 Sunset Drive
South Miami, AL 33143
USA
ACORD 25 (2001108) BETLAz
7069577
SHOULD ANY OF THE A13OVE DESCRIBED POLICIES 9E CANCELLED BEFORE THE EXPIRATION
DATE THIER60F, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _9_ 5 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON YHLr INSURER, ITS AGENTS OR
S-�'veei- Sanney
F�C1i�T31T "�"
ORDINANCE NO. 10 — 0 7 —1 91 1
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 (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 -4.3M 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 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 entities 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 day of
ATI�EST:
C -
CM�CLERK
1 s` Reading— 4/3/07
2 °d Reading — 5/1 / 0 7
READ AND APPROVED AS TO FORM:
Y ATTORNEY
ma v
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 Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea
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