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12-02-08 Item 7South Miami - America c Y CITY OF SOUTH MIAMI 11111F 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 From: Sanford A. Youkilis, Acting Planning Director .I>fl 'w7 Date: December 2, 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 AT 5880 SUNSET DRIVE TO PROMOTE A FUNDRAISING EVENT ENTITLED THE SHOP FOR THE LIGA SPONSORED BY THE LEAGUE AGAINST CANCER TO BE HELD AT THE COCO PLUM WOMEN'S CLUB ON DECEMBER 16,2008; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, The League Against Cancer is a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled Shop For The Liga event to be held at the Cocoplum's Women's Club on Tuesday, December 1.6, 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 5880 Sunset Drive. The event is scheduled to take place on December 16, 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. RECOMMENDATION It is recommended that the banner request be approved for the time period limit set forth in the attached draft resolution (9 days prior to the event). Backup Documentation: Draft Resolution Banner Application and banner design Banner Status Report 2008 Ordinance 10 -07 -1911 SAY X.• (Comm ltemsQOW 12- 2- 68Wanner Approval League Against Cancer 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(15) TO PERMIT THE INSTALLATION OF A BANNER AT 5880 SUNSET DRIVE TO PROMOTE A FUNDRAISING EVENT ENTITLED THE SHOP FOR THE LIGA SPONSORED BY THE LEAGUE AGAINST CANCER TO BE HELD AT THE COCO PLUM WOMEN'S CLUB ON DECEMBER 16, 2008; 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, the League Against Cancer, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled Shop For The Liga to be held at the Cocoplum's Women's Club on Tuesday, December 16, 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 League Against Cancer. 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 League Against Cancer, a non - profit organization, asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled Shop For The Liga to be held at the Cocoplum's Women's Club on Tuesday, December 16, 2009a is hereby approved for hanging during the period December 8, 2008 thru December 17, 2008. 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) 2 3 4 5 6 READ AND APPROVED AS TO FORM: 7 8 9 10 11 CITY ATTORNEY 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 X: \Comm Items\2008 \12- 2- 08\Banner League Against Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley Commissioner Palmer: Commissioner: Beckman Commissioner 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 Address of 1%0 4::� Q L� -7 Organization J�V Contact Person WjdWl \-j v Title �I Phone(a6) shoe Brieflv describe event for which you wish to display a banner in South Miami. l I&T. rd U ,Dry f( 12.' L-Q- Event date(s) ( 1 "'- OM Dates banner to be displayed V e �- to Ill �- \j I Location(s) C�'u.�� A fee of SM per banner is required to cover cost incurred by the city to hang and remove the banner. � / r� Received by Check# l/� r ATTACHMENTS REQUIRED: Proof of Insurance Rec' Banner Design (including wording) Rec'd ➢ Banners will be displayed 10 -14 days before the advertised event takes pla e; 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 /Z nylon rope with hooks and the banner must have vents. --------------------------------------------------------------------------------------------- City Commission Approval Resolution No. Date Date City Manager (To be signer/ by City Manager following approval by City Commission) i � 1 • � ! 1 r � L c cr) cl ca E U CO — �, U O -0 cc � � cu p o N cu �Q �— cn N = 0-Y) s` o CU CD cu L O ° aNi 2 0�a) o 60 CU _ CU °� -L.. o E�� ° E CL CL cc E cu o�� co °- c cu C/) � co V E OW� °tn �(D U) CD U LO c M o m .~ Ir- U) 00 0 0 N O O �I W Z H U � F H 100 O O P-4 N ,_.,, O L" 00 k1r) N N N N �N� O -~ ~ • 00 00' 00 00 O DO 00 00 O O O O O � 4 O •� 00 D 00 00 00 O 00 O � O o O OO OO N O ~ p N N N N N 1p i c}" N ki N N —, a, L��AQ ti Q Q Q Q Q Q Q 0 cd i� �w O 00 O 00 O 00 .> �kn V O 00 O 00 n V I� kn 00 00 00 kn 00 00 kn N �+ m 00 O N a�i ~; Z O N G� �"" N �pN- ' w oo O N •— —+ 00 N O -- �+ 00 O 00 O O 00 U O 00 U O ON 00 U O O p N ~ O+ U �, I•i•l M+•I O N O O Z l� V] O 00 O 00 00 00 00 -- N O O N O N O O N Qn/ N 01 N �O O N N 00 Q 00 00 � o Q C3 03 cd - cd C Cd a t > >v� tiU vow C/5 v)w .� o 0 0 °OO 00 0 00 0 00 0 0 0 000 v coo . U cd S N DC a O aNN C • O A 000 N N N cI i � DD' 00 00 i i O 00 O o 00 ° r.- C14 -- N c Q Q Q Q a V) C40') Cl) o a � � 000 o 0 A ° z 0 ° � -, CN 00 N 00 N ~ i �". O Q° ao O N O > O O O O W A f� N Z N ti N Q b�A cd W .cn U O rn w d w -4--0 00 00 •^' 00 00 0 0 O� N N v� A o, o; ° cqj M G '" U V, O k N 3 U c � v�U o� wHC7 A1a� a� H�U ORDINANCE NO. 10 — 0 7 —1 91 1 AN ORDINANCE OF THE MAYOR AND CITY COMNIISSION 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 REQUIREMENTS, DISPLAY LIMITATIONS, 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 (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 COMNHSSION 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(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 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 QW or one of the firms a roved b the cify to hang and remove the banners will be the oni s 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 Nip - CITY CLERK I" Reading — 4/3/07 2nd Reading-5/1/07 READ AND APPROVED AS TO FORM: ATTORNEY P: \Comm items \2007 \4- 24- 07\PB -07 -008 LDC Amend Banner Signs Ord.doe COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts Yea Commissioner Beckman: Yea