09-16-08 Item 12South Miami
All•Amedca City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun ,City Manager
op
From: Ricardo Soto -Lopez MUP, Planning Director Alow"00"
Date: September 16, 2.008
ITEM No. if
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 13TH
ANNUAL 5K RUN/WALK RACE FOR THE CURE TO BENEFIT BREAST CANCER
TO BE HELD OCTOBER 18,2008: 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 13`x' 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.
RECOMMENDATION
1t 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
RSL /SAY
X: \Comm Items \2008 \9 -16 -08 \Banner Approval Race for Cure CM Report.doc
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RESOLUTION NO.
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(1) TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE TO PROMOTE THE 13TH ANNUAL 5K RUN/WALK RACE
FOR THE CURE TO BENEFIT BREAST CANCER TO BE HELD OCTOBER 18, 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, 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 13th 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 13th 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
ATTEST:
CITY CLERK
, day of , 2008
APPROVED:
MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Attachment: Exhibit "A"
X: \Comm Items\2008 \9- 16- 08\Banner Sunset Dr Race for Cure Resol.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
f
CITY OF SOUTH MIAMI
PLANNING DEPARTMENT
6130 Sunset Drive, South Miami, F133143
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 &s4o % Organization C7. howis42
Address of
Organization 43S"S"S' ,FLJ 10 / 4A0060
Contact Person /�e�d/ /- / if'Y•r/2
Title �.� x /�1, Phone 40.5 dl- 7 �f
Event date(s) / S OaT 08
e-,W77 ii '7',, Md tig
Dates banner to be displayed j- - - to / i dkr 06
Location(s) c ) y
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A fee f $,250 er banner is required to cover cost incurred by the city to hang and remove
the b n
Received by Check # 11q16
ATTACHMEN REQUIRED: Proof of Insurance Rec'd
Banner Design (including wording) Rec'd
➢ Banners will be displayed 10 -14 days before the advertised event takes place;
banners will be removed by the City after the end of the special event.
➢ Banner Specifications - 30 Feet long X 3 -4 Feet Wide, 60 Feet of %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)
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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 MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIItEMENT.S, DISPLAY LIIVIITATIONS, 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
COMIVIISSION 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 -43(M Banners over rights- of -wav
(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
afftyproneofthefirmsapp roved by the city to hang and remove the banners will
be the only entities performinv 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 S. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 1st day of
ESQ/
0V CLERK
1 s' Reading — 4/3/07
2nd Reading-5/1/07
READ AND APPROVED AS TO FORM:
ATTORNEY
PI -- ..
p: \Comm ]tems\2007 \4- 24- 07\PB -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
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