09-04-07 Item 7South Miami
All- America City
CITY OF `>OUTH MIAMI 11111.1
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
From: Julian Perez, Planning Direct
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 TO PROMOTE THE 12TH
ANNUAL RACE FOR THE CURE TO BENEFIT BREAST CANCER TO BE HELD
OCTOBER 20,2007: PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Susan G. Komen for the Cure, 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 120i Annual Race for the Cure to Benefit Breast Cancer. This is a 5k run/walk which will take
place at Bayfront Park.
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 in front of Mack's Cycle Shop. The
event, is scheduled to take place on October 20, 2007. Attached is a copy of the application, the
required insurance statement 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. The applicant, however,
has requested a display time period of 30 days September 20, 2007 to October 20, 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
JP /SAY
P: \Comm Items \2007 \9- 4- 07\Banner Approval Race for Cure CM Report.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 12TH ANNUAL RACE FOR THE
CURE TO BENEFIT BREAST CANCER TO BE HELD OCTOBER 20, 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, the applicant, Susan G. Komen for the Cure, a non - profit organization,
has submitted a Banner Request Application asking for approval to hang a banner over Sunset
Drive in front of Mack's Cycle Shop in order to promote the 12th Annual Race for the Cure to
Benefit Breast Cancer, which event is a 5k run/walk which will take place at Bayfront Park on
October 20, 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 12th Annual Race for the Cure to Benefit Breast Cancer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section L That the banner request submitted by Susan G. Komen for the Cure, a non-
profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ")
over Sunset Drive in front of Mack's Cycle Shop in order to promote the 12th Annual Race for the
Cure to Benefit Breast Cancer, which event will take place at Bayfront Park on October 20, 2007 is
hereby approved for the period October 6 thru October 20, 2007.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
, day of , 2007
APPROVED:
I►I NNY6
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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 Race for Cure Resol.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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CITY OF SOUTH M%431I
PLANNING DEPARTMENT
6130 Subset Drive, South Miami, FI 33143
305 -663 -6326
Banner Request Appli" tnon
Application
for the purpose of requesting approval to display banners, over public streets promoting cvents
as Net forth in Ordinance.No. 10 -07 -1911; LOC S action 20- 4.3(N) Attached
Name of Not for
Organization _
Address of
Orgy aizntion ��c3� 1 T.�.o to 10
Contact Person —bo 66 *1
Title EXel7LA Ve. bi reckp r Phone
Briefly describe event for which you wiuh to display a banner in South Mlami.
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Event dates)_?..O I
Mates banner to be displayed-9/2-010-7 to 10 Z-®1
�eation(s] 6 � (.IIf�'��'�� �C-i YC�•.S
A fee of 5250 per banner is required to covet' test incurred by the city to hang and remove
the banner. �° p
Received by _ Check # _ of
ATTAC13MENTS RJ60UMED, Proof of Insurance Rec'd
Banner Design (including wording) Recd
City Commission Approval Resolution No, Date
Date
City Manager (To be.slpved by City wanagerfollowing approval by City Cghtodcslon)
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ORDINANCE NO. 10-07-1911
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 NIIAM[I LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIREMENTS, DISPLAY LI IITATIONS, 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 MQAAR, 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 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 clays 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
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
4TWEST: Lam'
A=Y CLERK
l s` Reading- 4/3/07
2nd Reading - 5 /1 / 0 7
READ AND APPROVED AS TO FORM:
ATTORNEY
Ma- nnn�7
PXomm Items\2007 \4- 24- 07\PB- 07-008 LDC Amend Banner Sips Ord.doe
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea