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Res. No. 149-07-12534RESOLUTION NO. 149-07-12534 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 24TH ANNUAL SOUTH MIAMI ROTARY ART FESTIVAL TO BE HELD FEBRUARY 23 -24, 2008: 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, South Miami Rotary Club, a non -profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive close to SW 58 Avenue in order to promote the 24' Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 23 -24, 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 24'h Annual South Miami Rotary 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 the South Miami Rotary Club, a non- profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive close to SW 58 Avenue during the period February 8 -25, 2008, in order to promote the 241h Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 23 -24, 2008 is hereby approved. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 6 day of 2007. ATTEST: ..�� CITY CLERK a,61_ 1 A OR Pg. 2 of Res. No. 149 -07 -12534 (2) READ AND APPROVED AS TO FORM: CITY A3 EY Attachment. Exhibit "A" P:1Comm Items1200719- 18- 071Banner Sunset Dr SM Rotary Resol.doc Commission Vote: 4 � 0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: absent Commissioner Birts: Yea Commissioner Beckman: Yea South Miami Af<•AmericaCfty 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 Directo 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 ADVERTIZING THE 24TH ANNUAL SOUTH MIAMI ROTARY ART FESTIVAL TO BE HELD FEBRUARY 23- 24, 2008: PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Rotary Club of South Miami, 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 24th annual South Miami Rotary 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 close to SW 58 Avenue. The event is scheduled for the weekend of February 23 -24, 2008. Attached is a copy of the application, the required insurance statement and a banner design document. The applicant has requested a display time period of February 8 -25, 2008, which is consistent with the display period of 14 days prior to the event as set forth in the Land Development Code. 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. Backe Documentation! Draft Resolution Banner Application and banner design Ordinance 10 -07 -1911 JP /SAY P: IComm ltems1200719- 18- 074Banner,4pproval SMRotary CMReport.doc `y z ' if 8" i CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F1 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 o1& 0(- � J4 �� IA Address of n' Organization 'DoiyA �l -ram+ 00-f -W ftti Al" t�4ya Vj3 d --- Contact Person) A t+�t1 �/Q + Lt-+ Title is-C\ygL +Itphone Briefly describe event for which you wish to display a banner in South Miami. -} 41'1 )Utt-k NiMMl P- ; An Af7' ! c-'<Xt h i Event date(s) 1 (�,U 3 okO 3 $i Ka(Le �`� Dates banner to be displayed d . Aa 01- to : A fee of $250 per banner is required to cover cost incurred by the city to hang and remove the banner. Received by Check # %t 7 ATTACHMENTS REQUIRED: Proof of Insurance Reed Banner Design (including wording) Recd City Commission Approval Resolution No. Date Date City Manager (To be signed by City Manager fol /owing approval by City Commission) P:1ForrnslPB BannerApplication.doc «,,,, �ou�t �i�mi �o�y �t �es�i��l �� � �� � � Salorday, pebrvary 24 & S++adap, February ZS 9 a.m. --d p.ra. �yA� ORDINANCE NO. 10-07-1911 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH M AIW, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH ML41141 LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LI IIITATIONS, 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 -4689 into the signage section of the Land Development Code; and WHEREAS, the PIanning Department has prepared an amendment to the Land Development Code which creates new Section 20 -4.3 (I) 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 PIanning 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 I. 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-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 shalf 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 costs { ^ - •� � 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 Oty or one of the firms Approved by the qffy to hany 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 May ST: C1=IY CLERK 1" Reading — 4/3/07 2n4 Reading — 5 /1 / 0 7 READ AND APPROVED AS TO FORM: ATTORNEY PAComm ltemsl200714- 24- 071PB -07 -008 LDC Amend 13=er Sips Ord. doe onn� COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Wiseombe: Commissioner Palmer: Yea. Commissioner Birts Yea Yea Commissioner Beckman: Yea