05-01-07 Item 4CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direc
Date: April 24, 2007 ITEM No. 4-
Subject: 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 REQUIREMENTS, DISPLAY
LIMITATIONS, APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Back-ground:
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. The Mayor has requested that this policy be
incorporated into the signage section of the Land Development Code. The current policy adopted in 1995
(see attached) limits banner placement to special events by non - profit organizations and requires City
Commission approval.
Presently, the Land Development Code allows for temporary signs issued by the Planning Department for
a period of 30 days (can be extended to 90 days). These signs are often in the form of a banner which
must be affixed to the front of a building. The maximum size is 30 square feet. There are currently no
regulations in the Land Development Code concerning, banners over streets.
It is assumed that the policies adopted in 1995 refer to the placement of banners over rights -of -way. The
conversion of the 1995 banner policy into the Land Development Code will require amending the signage
section. A new Section 20 -4.3 (N) Land Development Code, entitle "Banners over right -of- way," would
be created at the end of the Signage section.
It is important to note that during first reading, the City Commission amended the subject ordinance to
add the clause "or actual cost" in the sentence (p. 2 No. (4)) which provides a fee for the banner
application.
Planning Board Action:
The Planning Board at its February 27, 2007 meeting, after public hearing, adopted a motion by a vote of
6 ayes 1 nay (Ms. Beckman) recommending approval the proposed ordinance.
2
Recommendation:
It is recommended that the City Commission approve the attached draft ordinance with the following
sentence added to No. (4) :
• The City or one of the firms approved by the city to hang and remove the banners will be the only
entities performing this task.
Backup Documentation:
Draft Ordinance
Resolution No. 140 -95 -9689 + Policies, Application
Planning Department Staff Report 2/27/07
Planning Board Meeting Excerpt 2/27/07
Public Notices
J P /SAY
P: \Comm items\2007 \3- 20- 07 \PB -07 -008 LDC Amend Banners CM Report.doc
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ORDINANCE NO.
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 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 (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(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 1044 days before the advertised event takes place;
banners must be removed within five days after the end of the special event.
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(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
eost=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.
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
ATTEST:
CITY CLERK
Ist Reading -
2nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of _ 92007
P: \Comm Items\2007 \4- 24- 07\PB -07 -008 LDC Amend Banner Signs Ord.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
South Miami
All- America City
2001
CITY OF SOUTH MIAMI
To: Honorable Chair and Date: February 27, 2007
Planning Board Members
From: Julian Pere
Planning Director
Re: LDC Text Amendment
Procedure for Placement of
Special Event Banners
PB -07 -008
Applicant: City of South Miami
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
REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL
PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
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. The Mayor has requested
that this policy be incorporated into the signage section of the Land Development Code. The
current policy adopted in 1995 (see attached) limits banner placement to special events by non-
profit organizations and requires City Commission approval
LDC PROPOSED AMENDMENT
At present the Land Development Code allows for temporary signs issued by the Planning
Department for a period of 30 days (can be extended to 90 days). These signs are. often in the
form of a banner which must be affixed to the front of a building. The maximum size is 30
square feet. There are currently no regulations in the LDC concerning banners over streets.
It is assumed that the policies adopted in 1995 refer to the placement of banners over rights -of-
way. The conversion of the 1995 banner policy into the Land Development Code will require
amending the signage section. A new Section 20 -4.3 (N) would be created at the end of the
Signage section and would read. as follows:
Section 20 -4.3 (1) Banners over rights-of-way
(1) Organizations wishing to display a banner 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:
LDC Amendment
February 27, 2007
(2)
(a) Only not for profit organizations may display banners;
(b) No more than one banner shall be displayed at any given time. If a request has
been granted for an organization for specific dates, no additional banners will be
approved for those same dates,
(c) Banners may be displayed 10 -1.4 days before the advertised event takes place;
(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. The fee covers the 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.
RECOMMENDATION
It is recommended that the above amendment to Section 20 -4.3 of the Land Development Code
be approved.
Attachments:
Resol. No. 140 -95 -9689 + Policies, Application
Public notices
JP /SAY
P:\PB\PB Agendas StaffReports\2007 Agendas StaffReports\2- 27- 07\PB =07 -008 LDC Amend Banners.doc
RESOLUTION NO. 140 -95 -9689
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING, THE CITY MANAGER TO IMPLEMENT A POLICY TO
REGULATE THE HANGING OF BANNERS TO PROMOTE EVENTS IN THE CITY OF SOUTH
MIAMI.
WHEREAS, the City Commission wishes to accommodate organizations
who want to promote special Events by displaying banners in the City
of South Miami, and
WHEREAS, the City Commission believes it is necessary to regulate
the hanging of banners by providing a policy and an application
process,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the policy attached hereto ar�d the application
attached hereto be adopted, and implemented imme lately.
PASSED AND ADOPTED this 5th day of September 995
APPROVED.
ATTEST:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
NEIL CAR -TER, MAYOR
MAYOR CARVER
VICE MAYOR YOUNG
COMMISSIONER SASS
C(AINSSIONER COOPER
COJMV4SSKMR CtI NNIG AM
YEA v NAY
YEA NAY
YEA PLAY
YEA /NAY
�/ .
YEA NAY
Policy for Displaying Banners
Organizations wishing to display banners in the City of South Miami must complete
the "Banner Request" application at least 30 days in advance.
The City Commission will review all requests and will determine whether the request
conforms to the following guidelines:
Only not for profit organizations may display banners.
No more than one banner shall be displayed at any given time.
Therefore, if a request has been granted for an organization for specific dates, no
additional banners will be approved for those same dates.
Banners may be displayed 10 -14 days before the advertised event takes place.
Banners design must be approved by the Commission, and must be submitted along
with request.
Organization displaying 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.
Organization must pay fee in advance. Fee covers cost incurred by the city to hang
and remove the banner. _
r
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
305/663 -6338
Bahner Request
Application for the purpose of requesting approval to display banners promoting events.
Name of
Organization
Telephon
Address of Organizat
Contact Person
Title Phone
Briefly describe event for which you wish to display a banner in South Miami.
Event date(s)
Dates you want banner displayed_ to
Loca
A fee of $85 is required to cover cost incurred by the city to hang and remove the
banner.
Received by �_ Check #
ATTACHMENTS REQUIRED: Proof of Insurance Recd
Banner design Rec'd
Approved __Date
(To be signed by City Manager following approval by City Commission)
5aur
I N COR PO RATED
1927 w
C O Rta
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 27, 2007
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7: 40 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Ms. Beckman, Mr. Davis,
Mr. Farfan, Ms. Young, and Ms. Lahiff, Ms. Yates.
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), Eve Boutsis.(City Attorney), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -008
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, AMENDING SECTION 20 -4.3 SIGN REGULATIONS
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN. ORDER TO
REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBIC " STREETS;
PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS,
APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PORVIDING AN
EFFECTIVE DATE.
Mr. Farfan read the resolution into the record. Mr. Youkilis explained that although there is
a policy currently in existence regulating the hanging of banners in the public rights -of-
way, the Mayor has requested that this policy be incorporated into the signage section of
the Land Development Code. Currently the Land Development Code allows for
Planning Board Meeting
February 27, 2007 Excerpt
Page 2 of 3
temporarily signs to be put up on a building for 30 and may be extended to 90 days with a
maximum size of 30 feet. By including this ordinance into the LDC it will become readily
accessible to the public. The conversion of the 1995 banner policy into the LDC will
require amending the signage section. A new section 20 -4.3 (N) would be created at the
end of the signage section and would require all criteria listed in the ordinance to be met
upon approval.
Recommendation: The staff recomrended that the amendment to Section 20 -4.3 of the
Land Development Code be approved.
At this time Chairman Morton questioned the amount of time the banners may be left up.
Mr. Youkilis suggested including in No2 -C that "banners must be removed within five
business days after the event." Mr. Morton also questioned the type of banner which will
be placed. Mr. Youkilis responded that they will be the string type banners. Mr. Morton
questioned the clarity of number 2 -b. He recommended that the statement "no more than
three different events or organizations be represented at any given time" should be
included in No. 2 -b.
Ms. Beckman expressed her apprehension towards the amendment claiming the
advertisement may serve as "visual pollution." She also questioned whether any
organization can apply or is it strictly for non - profit organizations. Her concern was that
certain interest groups like abortion/anti- abortion may place their group's signs. In
response Ms. Boutsis mentioned that ultimately the Commission members would have to
vote whether or not to approve the sign.
Ms. Boutsis questioned whether or not the Board would like to limit the number of
banners in total.
Ms. Young requested that the application should include the "not for profit" only to avoid
those "profit groups" from becoming angry for taking the time to fill out an application
which does not pertain to their group.
'Chairman Morton opened the public hearing.
There were no speakers on this issue.
Chairman Morton closed the public hearing
Action: Ms. Yates a motion to approve P13-07 -008 as amended. The motion was seconded
by Mr. Davis
Vote: Ayes 6 Nays 1 (Yvonne Beckman)
PAComm Items\2007 \3 -20 -07 \Excerpt PB Mins 02 -27 -07 Banners.doc
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ARC Parents &Caregivers of
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and Families in Miami -Dade uounry.
COURTESY NOTICE
* CITY OF SOUTH MIAMI, FLORIDA '
On Tuesday;. April 24, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City
Commission will hold Public Hearings to consider the following items:
AN ORDINANCE AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF
PUBLIC FOOD SERVICE ESTABLISHMENTS ".
AN ORDINANCE AMENDING SECTION 20 -4.3 SIGN REGULATIONf; 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.
ENTITLED ".PARKING" OF THE SOUTH
AN ORDINANCE AMENDING SECTION . DISTRICT
WN MIAMI LAND
DEVELOPMENT. CODE IN ORDER TO REPLACE PLACE PROVISIONS RELATING TO THE HOME .
PARKING COMMITTEE AND SUBSTITUTING REFERENCES TO THE NEWLY CREATED PARKING BOARD.
A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)"
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS
TO SECTIONS 20 -7 -BB, 20- 7.108, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND
THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE
MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO
= BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY.
A RESOLUTION FOR SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT
CENTER TO BE CALLED SPLITSVILLE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE):
A RESOLUTION FOR A VARIANCE TO ALLOW A "ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR
SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A
MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE- FAMILY
RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVE., SOUTH MIAMI, FLORIDA.
If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Agency or Commission with 2e respect to any matter onside ed ate public met ng oar hearing�h decides to
will appeal
d a rye ord of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record includes the
testimony and evidence upon which the appeal is to bebasd.