12-04-07 Item 12South Miami
All- Americacity
1
- CITY OF SOUTH MIAMI
INCORPORATED
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via:
From:
Date:
Yvonne S. McKinley, City Manager
Julian Perez, Planning Direc ,
ITEM No.
/0(0
December 4, 2007
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 5995 SUNSET DRIVE TO PROMOTE THE 58TH
ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A
FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF
MIAMI JANUARY 19-21,2008: AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Beaux Arts, Inc., an auxiliary to the Lowe Art Museum, a non - profit organization,
has submitted a Banner Request Application asking for approval to hang a banner over Sunset
Drive at 5995 Sunset Drive in order to promote a the 58t" Annual Beaux Arts Festival of Art a
fundraising event to be held on the campus of the University of Miami on the weekend of January
19 -21, 2008.
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 5995 Sunset Drive. The
event is scheduled to take place on the weekend of January 19 -21, 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
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
X: \Comm Items\2007 \12 -4 -07 \Banner Approval Beaux Arts Event CM Report.doc
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
5 DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A
6 BANNER AT 5995 SUNSET DRIVE TO PROMOTE THE 58TH ANNUAL BEAUX ARTS
7 FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE
8 HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 19 -21, 2008: AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) `Banners over
12 rights -of way" all non - profit organizations proposing to display a special event banner over a City
13 street must submit a Banner Request Application; and
14
15 WHEREAS, the applicant, Beaux Arts, Inc. which is an auxiliary to the Lowe Art
16 Museum, a non - profit organization, has submitted a Banner Request Application asking for approval
17 to hang a banner over Sunset Drive at 5995 Sunset Drive in order to promote a the 58th Annual Beaux Arts
18 Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of
19 January 19 -21, 2008; and
20
21 WHEREAS; the submitted application contains the required insurance statement,
22 banner design document, and fee; and
23
24 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
25 support the Beaux Arts Festival of Art.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. That the request submitted by the Beaux Arts, Inc. which is an auxiliary to the
31 Lowe Art Museum, a non - profit organization, asking for approval to hang a banner over Sunset Drive
32 at 5995 Sunset Drive in order to promote a the 58th Annual Beaux Arts Festival of Art a fundraising event to
33 be held on the campus of the University of Miami on the weekend of January 19 -21, 2008, is hereby
34 approved for hanging during the period January 6 thru January 20, 2008
35
36 Section 2. This resolution shall be effective immediately upon being approved.
37
38
39
40 PASSED AND ADOPTED this , day of , 2007.
41
42 ATTEST: APPROVED:
43
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45
46 CITY CLERK MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2007 \124-07 \Banner Beaux Arts Event Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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1/1
ORDINANCE NO. 10 — 0 7 —1 91 1
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 MIA ISM 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 SEVERABILI TY, 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 20-4.3M 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 days before the advertised event takes place;
banners must be removed within five days after the end of the special event.
t r
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
AqTEST:
11)( CLERK
1 "Reading- 4/3/07
2 °d Reading-5/1/07
READ AND APPROVED AS TO FORM:
Y ATTORNEY
mmxy -I
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
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