09-04-07 Item 6South Miami
AN•America City
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\�,11C,OR.P'011ATED, 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: Yvonne S. McKinley, City Manager 5'
From: Julian Perez, Planning DiregCo , a
Date: September 4, 2007 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 36TH
ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD NOVEMBER 3 -4, 2007:
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Chamber South, 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 36th
annual South Miami 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 between US 1 and SW 58 Court and
SW 590i Avenue The event, the South Miami Art Festival is scheduled for the weekend of
November 3 -4, 2007. Attached is a copy of the application, the required insurance statement and
a banner design document.
The applicant has requested that AAA Flag and Banner Company hang the banner. The ordinance
states that the decision on who should put up the banner is to be done by the City or a firm
selected by the City. The adopted ordinance limits the display period for a banner to a maximum
of 14 days prior to, the event. The applicant, however, has requested a display time period of 30
days October 4, 2007 to November 4, 2007.
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
Ordinance 10 -07 -1911
JPISAYP: (Comm Items12007194- 071Banner Approval SA2 Art CMReport.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- 43(N) TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE TO PROMOTE THE 36TH ANNUAL SOUTH MIAMI
ART FESTIVAL TO BE HELD NOVEMBER 3 -4, 2007: 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, applicant ,Chamber South, a non - profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive between
US 1 and SW 58 Court and SW 59th Avenue in order to promote the 36th Annual South Miami
Art Festival which is scheduled for the weekend of November 3 -4, 2007; 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 Chamber South's the 36th Annual South Miami 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 ,Chamber South, a non - profit
organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over
Sunset Drive between US 1 and SW 58 Court and SW 59th Avenue in order to promote the 36th
Annual South Miami Art Festival is hereby approved for the period October 19 thru November 2,
2007.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
, day of , 2007.
APPROVED:
MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Attachment: Exhibit "A"
P: \Comm Items \2007 \9- 4- 07\Banner Sunset Dr SM Art Resol.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
FILCr rGFrATECi �
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
Organization
Address of
Organization
Contact Person
Chamber South
6410 SW 80 Street
South Miami, FL 33143
Rosa Brito
Title Art Festival Coordinator
Phone (305) 661 -1621
Briefly describe event for which you wish to display a banner in South Miami.
36th Annual South Miami Art Festival — A juried fine arts show.
This event takes place on the 1st weekend of November each year, this will
mark its 36th year. Featuring over 150 artists, food, music and children's
activities. This event is produced by.Chamber South and will be marketed
throughout Miami Dade County in Radio, Cable and print media.
Event date(s) _ November nd Noyamher 4, 2007
Dates banner to be displayed October 4, 2007 to November 4, 2007
Location(s) West side — Sunset Drive between US HWY#1 and 58th Court / 58th Ave
Banners to be hung by AAA Flag & Banner (305) 865 -4718
A fee of $250 per ban r is required to cover cost incurred by the city to hang and remove
the banner.
Received b Check # / 00 c)—
ATTACHMENTS REQUIRED: Proof of Insurance Rec'd
Banner Design (including wording) Recd
---------------------------------------------..----------------------------------------------- - - - - --
City Commission Approval Resolution No.
Date
Date
City Manager (To be signed by City Manager following approval by City Commission)
P. I FormsIPB- Banner Application. doc
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ORDINANCE NO. 10 - 0 7 -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 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(1) Banners over delhts -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
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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 ;h9 f96? 091
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 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
EST:
A=YCLERK
1St Reading — 4/3/07
2 °d Reading — 5/1 / 0 7
READ AND APPROVED AS TO FORM:
Y ATTORNEY
Mav ')nn7
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