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10-16-07 Item 4South Miami CITY OF SOUTH MIAMI I il �c oP OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM soon To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager - From: Julian Perez, Planning Directe 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 67`h 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 Banner Application and banner design Ordinance 10 -07 -1911 JP /SAY P: \Comm Items \2007 \10 -16 -07 \13anner Approval Fairchild Ramble Event CM Report.doc (2) Commission Vote: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: CITY ATTORNEY PAComm items \2007 \10 -16 -07 \Banner Fairchild Ramble Resolution.doc I 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 10- 4.3(N) TO PERMIT THE INSTALLATION OF A 6 BANNER OVER SUNSET DRIVE TO PROMOTE THE 67TH ANNUAL FAIRCHILD TROPICAL 7 GARDEN RAMBLE FESTIVAL A FUNDRAISING FAMILY EVENT TO BE HELD AT THE 8 GARDENS NOVEMBER 17-18,2007: 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 13 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 a the 67th Annual Fairchild Tropical Garden Ramble a fundraising family 17 event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on 18 the weekend of November 17 -18, 2007; and 19 20 WHEREAS, the submitted application contains the required insurance statement, 21 banner design document, and fee; and 22 23 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 24 support Fairchild Tropical Botanic Gardens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non- 30 profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over 31 Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the 67"' Annual 32 Fairchild Tropical Garden Ramble a fundraising family event to be held at Fairchild Gardens, 10901 Old 33 Cutler Road which will take place at the Gardens on the weekend of November 17 -18, 2007 is 34 hereby approved for hanging during the period November 2 -16, 2007. 35 36 37 38 39 40 Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of 41 42 ATTEST: 43 44 45 46 47 48 49 CITY CLERK , 2007. APPROVED: MAYOR 1 2 (2) 3 4 5 6 7 READ AND APPROVED AS TO FORM: 8 9 10 11 12 CITY ATTORNEY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 P: \Comm Items \2007 \10 -16 -07 \Banner Fairchild Ramble Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Aug -09 -2007 11:12 AM Susan G Komen for the Cure 3059716493 P eE,Aug.� 6.,2007.- 3:58%s6sCity�Of South Miami mPaTY of scpjTH MIAMI No. ;150 �P. o � 02 SEP 2 5 2007 1. / "1 CrrYOF SOUTH ML011 PLANNING & ZONING DEPT ,,, PLANNING ]DEPARTMENT 6130 Sunset Drive, South A m& F1 33143 345.6634326 Banner Request Application Applicatin for the purpose of regosfta approval to display baanaki- over public went prin t nIN events as see forth in Ordinance No. 10- 07.1411; LDC S btlon 20.43(N) Avlm*ia 9 Name otmot fbr Prollft OrQanisatfoe Ci.%Y ki kd\ i . Arwr r of iacko �� tv man Contact Pemn 'Lo p e. Title 1Nn,y1kLtj%a iAcSSoG 'e Phase C 3© :5) (0 (0, �' ± ' � �Mi' �, -es—+, 33 8� Ariafly desa fte weft for which you wish to display a bannt:c in South i<+ftlgii •'—tom- -l- 61' lhnocLN a Ve� VQ,IVC�, { eS �urniMnep -t"tw!u►,t�..� -1 -CGS 'L V �u� w ��3r1� 0.+uJZ c�,��S .�:.■ V ..........� ....... a ....arm Eventdaee(;e) _ J of y�c ¢I Nov er�nbev . �� ck . vv�•.,j! t UwjewnVe v .200 �- Daum banner to be displayed hl eye bey 2 t ea s-' A fee otS230 per banner is reclalred to cover toet incurred IT t$e city to hai ng ow b riffinbve- the Waxer. Received by C/� cheek , G•r Y .._ ATTACIDMOTS RrQTJMD: Proorotx»aarence Rea'ci Bwwer Design oncluding wording) Roca �. r�r�■ w. w. �. ���.. www�w■ w■ wwrYrti rrF.+ r.... r�... M+ ntirAxw .w■wrwwrri■rwr�.�...._ox.u.ni a ...-- .«.wnwm City Commisolen Approval R"olntjon No. Data ..._,...__. _, City Manager Mo be sl fwd ttq Chy Wanaaw ja kwing ape gal br G{y Con+nr wax) F�tFer+salY� BanherApFllc�rlwadna 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 (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(N) Banners over rights -of -w a (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 As fee ee e 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 AT�EST: a , CITY CLERK 1 s` Reading- 4/3/07 2 n Reading- 5/1 / 0 7 READ AND APPROVED AS TO FORM: ATTORNEY Mia x, P%,,.,17 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 y _n m = V z r s c(� a n 0 o �n �n y m n Z D T C C r-n o. rn �zun oc oM � 2 V � N � 3 o ' o C �zun oc oM � 2 V � N � 3 o ' o 671" annual i'uo FESTIVAL a e A GARDEN FAiRC-H1LDTR,oPiCALBO-rAN1C G A1Z,�N For more information visit r Exploring, Explaining and Conserving the World of Tropical Plants Saturday &Sunday November 17-18,2007 9.-00 a.m. - 4:30 p.m.