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Res. No. 145-07-12530RESOLUTION NO. 145 -07 -12530 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 36TH ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD NOVEMBER 3 -4, 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, applicant ,Chamber South, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive between US 1 and SW 58 Court and SW 59th Avenue in order to promote the 36th Annual South Miami Art Festival which is scheduled for the weekend of November 3 -4, 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 the Chamber South's the 36th Annual South Miami Art Festival. 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 ,Chamber South, a non -profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive between US 1 and SW 58 Court and SW 59t11 Avenue in order to promote the 36th Annual South Miami Art Festival is hereby approved for the period October 19 thru November 2, 2007, Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 17� day ofXi15411 2007. ATTEST: X RK 0 Kul a 9.4 relvA N Res. No. 145 -07 -12530 (2) READ AND APPROVED AS TO FORM- ATTORNE Attachment_ Exhibit "A" P:1Comm Items1200719- 4- 071Banner Sunset Dr SM Art ResoLdoc Commission Vote: 5-0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami AN-Pnedca My CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Dire o a Date: September 4, 2007 ITEM No. 6- 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 ADVERTIZING THE 36TH ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD NOVEMBER 3 -4, 2007: PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Chamber South, 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 36`h annual South Miami Art Festival. 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 between US 1 and SW 58 Court and SW 59th Avenue The event, the South Miami Art Festival is scheduled for the weekend of November 3 -4, 2007. Attached is a copy of the application, the required insurance statement and a banner design document. The applicant has requested that AAA Flag and Banner Company hang the banner. The ordinance states that the decision on who should put up the banner is to be done by the City or a firm selected by the City. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to. the event. The applicant, however, has requested a display time period of 30 days October 4, 2007 to November 4, 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/SAYP:1Comm ltems12007494- 07kBanner Approval.SMArt CMReport.doc ?c0t7 f' Jam. I D 2 7 CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Mimi, FI 33143 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 Address of Organization Contact Person Chamber South 6410 SW 80 Street South Miami, FL 33143 Rosa Brito Title Art Festival Coordinator Phone (305) 661 -1621 Briefly describe event for which you wish to display a banner in South Miami. 36th Annual South Miami Art Festival -- A 'cried fine arts show. This event takes place on the 1st weekend of November each year, this will mark its 36th year. Featuring over 150 artists, food, music and children's activities. This event is produced by Chamber South and will be marketed throughout Miami Dade County in Radio, Cable and print media. Event date(s) NnvPmher 3 „and November 4 2007 Dates banner to be displayed October 4 2007 to November 4, 2007 Locations) West side - Sunset Drive between US HWY#1 and 58th Court / 58th Ave Banners to be hung by AAA Flag & Banner (305) $65 -4718 A fee of $250 per ban r is required to cover cost incurred by the city to hang and remove the banner. Received b ` Check ©- ATTACHMENTS REQUIRED: Proof of Insurance Ree'd Banner Design (including wording) Rec'd —� --------------------------------------------- - - - - -- City Commission Approval Resolution No. -- Date Date City Manager (To be signed by City Managerfollowing approval by City Commission) P.-Worms1PB- Banner Application. doe �� � o r � Oct U Y— 4 .o a� U M 0 � O 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 MIANII 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 react as follows: Section 20 -4.3 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 $250 fee in advance or the actual cost ` incurred by the City to hang and remove the banner. The City Commission may adjust this fee from time to time in order to reflect the current costs of installation. The City or one of the firms approved by the city to hang and remove the banners will be the only entities performing this task_. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 St day of *TKE'$T: n-Y CLERK l" Reading - 4/3/07 2 n Reading - 5 /1 / 0 7 READ AND APPROVED AS TO FORM: ATTORNEY Mav nnnP7 P:1Comm Items1200N- 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