10-02-07 Item 10To:
Via:
From:
Date:
South Miami
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, City Manager
Julian Perez, Planning Director
October 2, 2007
ITEM No. y
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 AT SW 59 AVENUE TO
PROMOTE THE CITY'S SAFE STREET HALLOWEEN EVENT TO BE HELD ON
OCTOBER 31,2007: PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant the City of South Miami, a non -profit organization, has submitted a Banner
Request Application asking for approval to hang a banner over Sunset Drive in order to promote
its Safe Street Halloween program which will take place in the downtown area on October 31,
2007. The Red Sunset Merchants Association will participate with the City in providing a safe
environment for children and families on Halloween.
APPLICABLE REGULATIONS
The City Commission at its May,l, 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), Land Development Code, 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 east of SW 59`" Avenue. Attached is a
copy of the application. The adopted ordinance limits the display period for a banner to a
maximum of 14 days prior to the event. The applicant has requested a display time period of 14
days, October 17, 2007 thru October 31, 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
Ordinance 10 -07 -1911
JP /SAY
P: \Comm Items\2007 \10- 2- 07\Banner Approval SM Safe Street Halloween 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 -4.3M TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE AT SW 59 AVENUE TO PROMOTE THE CITY'S SAFE
STREET HALLOWEEN EVENT TO BE HELD ON OCTOBER 31,2007: 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, the City of South Miami, a non -profit organization, has
submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at
SW 59th Avenue in order to promote its annual Safe Street Halloween Program which event will take
place on October 31, 2007; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
support the Safe Street Halloween Program.
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 the City of South Miami, a non - profit
organization, requesting approval to hang a banner over Sunset Drive at SW 59th Avenue in order to
promote its Safe Street Halloween Program to be held on October 31, 2007, in the City of South Miami
downtown area, is hereby approved for the period October 17 thru October 31, 2007.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this , day of
ATTEST:
CITY CLERK
, 2007.
APPROVED:
MAYOR
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45 ZAComm Items\2007 \10- 2- 07\Banner SM Safe Street Rdloween Ordinance.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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 (�j� -�� �� L
Contact Person C:_' r rr" r-e- `.
Title i , r e G 4 p � Phone _ -P�- Q � -- ":2 0 62 - � `y
Briefly describe event for which you wish to display a banner in South Miami.
Ste- E •e. S -'r-e -:9=J5 ' t-% 110 e- 40- w 53 CA. h n -c r--
Event date(s) 3
Dates banner to be displayed _� 7 _to —/ 0 '31
Location(s) � L4
_kv c, .L 4 �r ► ') ,- cq_ G� Lo 'S 1
A fee of $250 per banner is required to cover cost incurred by the city to hang and remove
the banner. �
Received by ' C' ,!' y
Check # y—
ATTACHMENTS REQUIRED: Proof of Insurance Rec'd
Banner Design (including wording) Rec'd
------------------•-------•----------------------------------------------------------------
City Commission Approval Resolution No.
Date
Date _
City Manager (To be signed by City Manager following approval by City Commission)
P:IF0rms1PB- Banner Application. doe
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 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 SEVERABILTTY, 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 -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 sl idll u1splayed 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
2
(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 1st - day of
Al;��EST:
ICY CLERK
1" Reading - 4/3/07
2nd Reading - 5 /1 / 0 7
READ AND APPROVED AS TO FORM:
Y ATTORNEY
Ma nnn^r
PAComm 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