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10-07-08 Item 5South Miami 00edcaC i CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager ' From: Ricardo Soto -Lopez MUP, Planning Director Date: October 7, 2008 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 25TH ANNUAL SOUTH MIAMI ROTARY ART FESTIVAL TO BE HELD FEBRUARY 21- 22, 2009: 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 25th 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 at 5800 Sunset Drive. The event is scheduled for the weekend of February 21 -22, 2009. Attached is a copy of the application, the required insurance statement and a banner design document. The Land Development Code limits the display period for a banner to a maximum of 14 days prior to the event. RECOMMENDATION It is recommended that the banner request be approved for the standard 14 day time period Attached is an approval resolution. Backup Documentation: Draft Resolution Banner Application and banner design Ordinance 10 -07 -1911 RSLP /SAY X: IComn :Itenes12008110- 7- 081Banner Approval SA4 Rotary CAI Repor1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 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 aproval to hang a banner over Sunset Drive close to SW 58 Avenue in order to promote the 25t Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 21 -22, 2009; 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 25th 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 at 5800 Sunset Drive during the period February ? -21, 2008, in order to promote the 25th Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 21 -22, 2009 is hereby approved. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of , 2008. APPROVED: MAYOR 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 25TH ANNUAL SOUTH MIAMI ROTARY ART FESTIVAL TO BE HELD FEBRUARY 21 -22, 2009: 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 aproval to hang a banner over Sunset Drive close to SW 58 Avenue in order to promote the 25t Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 21 -22, 2009; 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 25th 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 at 5800 Sunset Drive during the period February ? -21, 2008, in order to promote the 25th Annual South Miami Rotary Art Festival which event is scheduled for the weekend of February 21 -22, 2009 is hereby approved. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of , 2008. APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachment: Exhibit "A" X: \Comm Items\2008 \10- 7- 08\Banner Sunset Dr SM Rotary Resol.doc Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: �JI O �+ -� twcnRPzRa ?tR 192- !. •� (1 1 10 • CITY OF SOUTH AffA ff 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- 1.911; LDC Section 204.3(1) Attached Name of Not Pr Profit OrganizationK64 ^ . y� g�� o ►� e'�C c� �r (�'� �c.>1-0 Al t I%tA) Ra ;1, cl fAev- Address of Organization 'A s3 a4s Contact Person TitleX�c.T. 4AL- tomw: —,C-.0 eWQbj2 Phone Briefly describe event for which you wish to display a banner in South Miami. �t2.�-�� C12�f � 5 �1nC�� �E�t���� �►.� SJ'�SC�i�Q;��i✓ -r® D Q0 A _._......_..Eventdate(s) S61 V� v 3 :x 0 Cl Q � Dates. banner to be displayed to 7.nww4inr /Qi tz .'►Q . �v iJM-c d t i r -. 1�-c` �V i tw J( %M'p �..:/ �V d•+l3 . A fee of 5250 per banner is required to cover cost incurred by the city to hang and remove the banner. '��, 71?� i Received by ��4�<< .ter Check # . ATTACHMENTS REQUIRED: Proof of Insurance Rec'd�� Banner Design (including wording) Recd ➢ 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 % nylon rope with hooks and the banner must have vents. __---____------------------------------------------------ - - ---- - - --- City Commission Approval Resolution No. Date 6c'7-. -7 2 C)Ce Date City Manager (To be signed by City Managerfollowing approval by City Commission) Q x H W 0 H U cC Q., b�A O aN� 00 O O N �I W O �MM h+� d C O C W') 00 �+ N O r- N v� •r~/� O N O O (n [� ~ 91 •-, 00 00 ~ 00 00 O 00 O 00 O °_ 0 0 o 00 00 0 • �j CC O 00 O N p N N • G N N N N N r- `O N trj N O Cr RS CO) U d A Q ti ti ¢ Cf) V= k1r) o 00 O 00 O 00 .� W o� O o0 O 0o Ln a\ a �Q � Ln oo Q n � kn � kr) IT ,�-r C C oo O oo O N ao O 6J 00 00 V 00 U O N Mr c�C O O O 00 00 00 0 o 00 O 00 N 00 W A tiN tiN w ti cn cz Cd cn W .> °.> x 3 �-� �.' `n o y cn a) �� > A1w �Ur� ��� tiv v°�w �i vow o 0 0 0 00 o 0 00 9 4 cn O c� U b s 0 0 N Q cn oc N N C • O C v� O ' D O ' O � C Uxz' ' c 0 s.. o � Q o C Elf) 0 v C o eC ., C � 0 ° fS, N N _ d C � � w • 00 0 D � d v� U ORDINANCE NO. 10 - 0 7 -1 91 1 AN ORDINANCE OF THE MAYOR AND CITY CoA01ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH MIAM LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LEWTATIONS, 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 COMNIISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA: Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read as follows: Section 20 -4.3M Banners over riahts -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 �� 4he east 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 nerformina 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 1st day of CITY CLERK I' Reading - 4/3/07 2nd Reading- 5/1 / 0 7 READ AND APPROVED AS TO FORM: ATTORNEY MC - P: \Comm Items\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