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11-18-08 Item 4South Miami kvomd 1 fte ica c i CITY OF SOUTH MIAMI I �® 7927 OFFICE OF THE CITY MANAGER CpR�O INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis, Acting Planning Direct Date: November 18, 2008 ITEM No. 4. 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 AT 5995 SUNSET DRIVE TO PROMOTE THE 59T" ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 10 -11, 2009: AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Beaux Arts, Inc., an auxiliary to the Lowe Art Museum, 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 order to promote a the 59t" Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 10-11,2009. 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 It is requested that the proposed banner be placed across Sunset Drive at 5995 Sunset Drive. The event is scheduled to take place on the weekend of January 10 -11, 2009. 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. 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 Banner Status Report 2008 Ordinance 10 -07 -1911 SA Y X: (Comm ltems12008111- 18- 08Wanner Approval Beaux Arts Event CM Report.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. 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 AT 5995 SUNSET DRIVE TO PROMOTE THE 59TH ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 10 -11, 2009: AND 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, Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, 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 order to promote a the 591h Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 10 -11, 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 Beaux Arts Festival of Art. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request submitted by the Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, a non - profit organization, asking for approval to hang a banner over Sunset Drive at 5995 Sunset Drive in order to promote a the 59t" Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 10 -11, 2008, is hereby approved for hanging during the period December 28, 2008 thru January 11, 2009 Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of 52008. 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 42 43 44 45 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2008\1 1-1 8-08\Banner Beaux Arts Event Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: 00 0 N O F ri O � W Ow N 00 O c 00 -- N O N d kn to � � N N N N Q 00 00 00 00 O 00 O 00 O 00 O O O O O r 00 1 4 ON m d' .tn-, O 00 CD O 00 00 CC' 00 O 00 O O N 0 O. N O N O N O O N N - vi N V A U C� ti 7- b0 Cl) un V) O �-• + � C/1 V1 cn C/1 V] VC O O O j kn O O Vn O C� as 00 � 00 kn 00 •� o� 00 kn 00 kn a� kn 'n in WD Q N -- 00 it A O Ile N N 17 O U Q t. N -- - 00 N O 00 00 00 N 00 N 00 00 • 00 O �- �, I•rl cC O �, N O N O N�-� l� C/5 O N N �-, N 00 DO 0 0 00 O 00 O 00 N dam+ 00 00 U N U W A cd 0 O N O Cd rl cu th�� 78 O a E °? y cd Q., Q bA �Oo aNN C i 0 ... > O 00 00 0 00 0 c Q Q Q o as 00 00 Qn �o A o N W w N I. rA N -- � 7 °N ti N t � Cd i'. w W -- 0 ;� O k cd C) � o0 • •, 00 00 0 +� o; 110 °N D N ' cd V c C. Q viU f,E�C7 �a� _ z 0 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 1 Address of Organization i3a Contact Person PC;,\ I St-,—,f- �',r} D vC- �o C- 6-le s FL Title A cl V e'+(-S1'7` Phone �C} _ 1-- 1 r3 Cl Briefly describe event for which you wish to display a banner in South Miami. ( fi� %� ✓� �L.� r - -, F=- C-S-H Event date(s) Dates banner to be displayed L,-"'CC - ` to Location(s) A fee of $250 per banner is required to cover cost incurred by the city to hang and remove F the banner. 5 -1 c��C)) #5z � Received by Check # `7 wee �e� ATTACHMENTS REQUIRED: Proof of Insurance Rec'd Banner Design (including wording) Ree'd L ➢ 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. i- Banner Specifications — 30 Feet long X 3 -4 Feet Wide, 60 Feet of 1/2 nylon rope with hooks and the banner must have vents. ----- ----------------------------------------------------------------------------------------------------- City Commission Approval Resolution No City Manager (To be signed by City Manager following approval by City Commission) Date Date _rr c �- rn z 1 r, 1 r 4: ..Ya. e .. Omit �'1 P f �D ORDINANCE NO. 10-07-1911 AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH 1VIIANII LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LINIITATIONS, 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 20-43 (1) 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 20-43M 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 (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 CW or one of the firms approved by the cily to hang 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 CLERK I" Reading - 4/3/07 2 °d Reading - 5/1 / 0 7 READ AND APPROVED AS TO FORM: ATTORNEY M� - ., 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