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Res. No. 146-07-12531RESOLUTION NO. 146-07-12531 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 12TH ANNUAL RACE FOR THE CURE TO BENEFIT BREAST CANCER TO BE HELD OCTOBER 20, 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, 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 front of Mack's Cycle Shop in order to promote the 12th 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 20, 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 12th 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 in front of Mack's Cycle Shop in order to promote the 12th Annual Race for the Cure to Benefit Breast Cancer, which event will take place at Bayfront Park on October 20, 2007 is hereby approved for the period October 6 thru October 20, 2007. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ��day of 2007. ATTEST: CITY CLERK Res. No. 146 -07- -12531 (2) READ AND APPROVED AS TO FORM: Attachment: Exhibit "A" P:1Comm Items1200719- 4- 071Banner Sunset Dr Race for Cure Resoi.doc Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami A&America City CITY OF SOUTH MIAMI , 1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2401 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager , p e J From: Julian Perez, Planning Direct 4F__� L^ Date: September 4, 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 12TH ANNUAL RACE FOR THE CURE TO BENEFIT BREAST CANCER TO BE HELD OCTOBER 20,2007: PROVIDING FOR AN EFFECTIVE DATE. 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 12ffi 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 Sunset Drive in front of Mack's Cycle Shop. The event, is scheduled to take place on October 20, 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, however, has requested a display time period of 30 days September 20, 2007 to October 20, 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 -19J] JP/.SAY P:1Comm Items12007W- 4- 07113anner Approval Race for Cure CM Report.doc O�Au g. .i6. 20 0 7j_.�J66�ityyof South Miami MP CITY OF SOL[TH MIAMI -lip 74N �A CITY Off' S()LTTH MW11 PLANNING DEPARTMENT _. 6130 Sunset Drive, South IVIjami, F! 33143 305 -663 -6326 No. 6158 1p- 8 02 Banner Request Application Applicatign for the purpose of requesting approval to display banner,. over public streets proanoting events as set forth in drdinance.No_ .10-07-1911; LDC S ection 20- 4.3(N) Attached Name of Not for Organization Address of Contact Person ­b0 6b', _ _• k ems., ,e Title e hi-Cr4mto Phone. `�� � „J (0 _ ly describe event for which yott wish to display a banner in South 'Miami. 1■ s Event date(g) '(� Q C t Dates banner to he displayed Zd 10-7 to Z-010 Q A fee of $250 per banner is required to cover tost incurred IT the city to [tang and retnove the banner. .1 Q Rived by 2 c Check ATTAC IM1ENTS R UI , Proof orl"81trance V Banner Design (inc udi ag wording) Reed City Commission Approval Renolutxo-a No. Date Date City Manager (To he slg).gd by CYry �lana$er joflowing dplsrova! by CFty Camrjcsf,,n) P4Fnrm;1PB= HannerApplifa lnn dor ORDINANCE NO. 10-07-1911 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAAH, 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 Iimits 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, 2407 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 NIIANII, FLORIDA: Section 1. That Section 20- 4.3(N) of the Land Development Coda is hereby enacted and will read as follows: Section 20- 4.3(1 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 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 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 hagg and remove the banners will be the onIV 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 OliY CLERK I" Reading — 4/3/07 2nd Reading — 5 /1 / 0 7 READ AND APPROVED AS TO FORM: Y ATTORNEY Mav nnn r PACO= ltems12007\4- 24 -07TB- 07-008 LDC Amend Banner Signs Ord.dor COMMISSION VOTE: 5 -0 Mayor Feliu: Yea, Vice Mayor Wiscombe: Yea Commissioner Palmer: yea Commissioner Birts Yea Commissioner Beckman: Yea