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Res. No. 171-07-12556RESOLUTION NO. 171-07-12556 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{i) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE THE SANTA'S PARADE OF THE ELVES A CITY SPONSORED EVENT TO BE HELD ON DECEMBER 2, 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, the City 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 its annual Santa's Parade of the Elves which will take place in the downtown area on December 2, 2007; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Santa's Parade of the Elves event. 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 City of South Miami, a non -profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5800 Sunset Drive in order to promote its annual Santa's Parade of the Elves which will take place in the downtown area on December 2, 2007; is hereby approved for hanging during the period "r- -•- ---' - -- ' °- November 1 - December 2, 2007. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 15a', day of October, 2007. ATTEST: Y CLERK APPROVED: IL MAYOR Res. No. 171 -07 -12556 (2) READ AND APPROVED AS TO FORM: PXomm Rems12007110- 16- 071Banner Santa Parade Resolution Revised.doc Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami Alt- AmerieaCiill CITY OF SOUTH MIAMI f OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 20Q1 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager` From: Julian Perez, Planning Direc 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 SANTA'S PARADE OF THE ELVES A CITY SPONSORED EVENT TO BE HELD ON DECEMBER 2,2007: PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant the City 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 its Santa's parade of the Elves which will take place in the downtown area on December 2, 2007. 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- 43(N), Land Development Code, 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 at 5880 Sunset Drive. Attached is a copy of the application. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event. A display time period of 14 days, November IS thru December 2, 2007 is requested. RECOMMENDATION It is recommended that the banner request be approved for the time period limit set forth above. Attached is an approval resolution. Backup Documentation: Draft Resolution Banner Application Ordinance 10 -07 -1911 JP/SAY P:1Comm Items12 0 0 711 0 -I 6- 071Banner Approval Santa parade CM Report.doe P, , CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 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 — Ci -7 7' 0 l S ` Address of 61 ,3 0 t�,� T Organization /U 5 CZ U Contact Person Title W' Phone AS-- 6, 6 S– Z-Z � Q_ Briefly describe event for which you wish to display a banner in South Miami. Event date(s) Dates banner to be displayed X 19" —to .1.2 -- 69�'?' Location(s) 7" A fee of $250 per banner is required to cover cost incurred by the city to hang and remove the banner. Received by Check # dAATTACHMENTS REQUIRED: Proof of Insurance X Rec' Banner Design (including wording) Rec'd ----------------------------------------------------------------------------------------------------- - - - - -- City Commission Approval Resolution No. Date Date City Manager (To be signed by City Manager following approval by City Commission) AWormslPB- Banner, 4pplication.doc F-14"z I T- T 6 RM ORDINANCE NO. 10 -07 -1911 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, 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. WIIDREAS, 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 Banners over ri bts -of -wa (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 Ci# V or one of the firms a roved by the gft to han g 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 ST: CLERK I S` Reading -- 4/3/07 2nd Reading - 5 / 1 / 0 7 READ AND APPROVED AS TO FORM: Y ATTORNEY M T, —.. PAComm ]tenV200714- 24- 071PB -07 -008 LDC Amend Banner Signs Ord_doc COMMISSION VOTE: 5 -0 Mayor Feiiu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts Yea Commissioner Beckman: Yea