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Res. No. 154-08-12751WHEREAS, 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, Susan G. Komen for the Cure, a non-profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5995 Sunset Drive in front of Mack's Cycle Shop in order to promote the 13"' Annual Race for the Cure to Benefit Breast Cancer, which event is a 5k run/walk which will take place at Bayfront Park on October 18, 2008; 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 the 13"' Annual Race for the Cure to Benefit Breast Cancer. 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 Susan G. Komen for the Cure, a non- profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A") over Sunset Drive at 5995 Sunset Drive in front of Mack's Cycle Shop in order to promote the 13th Annual Race for the Cure to Benefit Breast Cancer, which event will take place at Bayfront Park on October 18, 2008 is hereby approved for the period September 17 thru October 17, 2008 Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this /� �day of,,4#, 2008 ATTEST: Y CLERK MAYOR Res. No. 154-08-12751 (2) TORNEY Attachment: Exhibit "A" X:\Comm Items\2008\9-16-08\Banner Sunset Dr Race for Cure Resol.doc Commission Vote: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea X CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER 0 INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission W" FITITU Ajibola Balogun ,City Manager Ricardo Soto-Lopez MUP, Planning Director i &Zft September 16, 2008 W-11MUT11901 in APPLICANT'S REQUEST The applicant, Susan G. Komen for the Cure, 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 131'' Annual Race for the Cure to Benefit Breast Cancer. This is a 5K run/walk which will take place at Bayfront Park. 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 the street at 5995 Sunset Drive in front of Mack's Cycle Shop. The event is scheduled to take place on October 18, 2008. 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 made a special request for an extended display time period of 30 days. If approved this period would be September 17 to October 17, 2008. RECO MMENDATION It is recommended that the banner request be approved for the time period limit as requested. Attached is an approval resolution. Backup Documentation: Draft Resolution Banner Application and banner design Ordinance 10-07-1911 RSLISA Y X:\Cornrn Items\2008\9-16-08\Banner Approval Race for Cure CM Report.doc J CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 33143 305-663-6326 Briefly describe event forwhich you wish to display a banner in South Miami. Event date(s) oc 49A Dates banner to be displayed to 7 ar 496 Location(s) t J �Va us _f A fee 5� banner is required 'f $�2�50� e r b to cover cost incurred by the city to hang and remove the =nu�`. Received by Check ATTACHMEN REQUIRED: Proof of Insurance Rec'd Banner Design (including wording) Rec'd U7_ Banners will be displayed 10-14 days before the advertised event takes place; banners will be removed by the City afterthe end of the special event. ➢ Banner Specifications — 30 Feet long X 3-4 Feet Wide, 60 Feet of 1/2 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} t L I ff 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 sEvERA.Brum 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 adoptedin 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 V,ME, REAS, 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 otion 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- -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 Comm I Ission 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 4We=A�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 han-q and remove the banners will be the only entities performing i this task. Section 31 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 41 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. 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