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HomeMy WebLinkAboutA001 - Council Action Form dated November 23, 1993 ITEM DATE: 11/23/93 COUNCIL ACTION FORM SUBJECT: Motion Directing City Attorney to Prepare an Ordinance Amending Chapter 5 of the Municipal Code to Adopt Sign Regulations that Would Allow Subdi- vision Entrance Signs. ACTION FORM SUMMARY: This is a proposal by City staff to amend Chapter 5, Signs, of the Municipal Code to adopt sign regulations that would allow subdivision entrance signs. The Planning and Zoning Commission and staff is recommending approval of sign regulations as described in -this report, by Option No. 2. BACKGROUND: On September 14, the City Council denied the request to install a subdivi- sion entrance sign for Hillside Subdivision and directed staff to prepare an amendment to the sign regulations that would allow for entrance signs. The sign proposed for Hillside Subdivision was proposed to be located on public right-of-way. The Planning and Zoning Commission considered proposed sign ordinance regulations drafted by staff to allow subdivision entrance signs. The Commission requested that the following provisions be included in the sign ordinance amendments: Prohibit residential subdivision entrance signs on public right-of-way; Propose subdivision entrance sign regulations for residential subdivi- sions, only; Provisions to allow illumination of subdivision entrance signs have been added; Add landscaping requirements for the signs; and Change the term "homeowner's association" to "property owner's association". Add a definition for sign height. The ordinance language to prohibit off-premise signs was changed; 2 Double-faced signs will be counted as two signs; and "Wood" was added as an acceptable material for signs. If City Council selects Option No. 1, the Commission recommends that the following condition be added to the ordinance: Add another condition to the approval of encroachment permits for residential subdivision entrance signs that would allow the City Coun- cil to deny the issuance an an encroachment permit which poses a threat to the general health, safety, and welfare of the community; ANALYSIS: The amendment to allow subdivision entrance signs should address the following requirements: 1. Location; 2. Number; 3. Size; 4. Height; 5. Materials; 6. Maintenance; and 7. Message. Two options for regulations that apply to subdivision entrance signs have been prepared for consideration by the Council. Option No. 1 would allow subdivision entrance signs in public right-of- way. Option No. 2 would prohibit such signs in public right-of-way. OPTION NO. 1 Sec. 5.220. ON PREMISES SIGNAGE. (11) Residential Subdivision Entrance Signs. The regulations described in this section apply to subdivision entrance signs in residential subdivi- sions. The location, number, size, height, materials, maintenance, and message regulations for subdivision identification signs are as follows: (a) Signs located on private property shall be no closer than the right-of-way line. Signs shall not be allowed in the visibility triangle, as described by Section 29.28. 3 (b) "It shall be unlawful to erect a subdivision entrance sign, on public property, without an encroachment permit granted by the City Council. An encroachment permit may be granted by the City Council if the following conditions, in addition to those described by Sec- tion 22.3, Encroachments, are met by the applicant: (i) The subdivision entrance signs are privately owned; (ii) All signs meet the number, size, height, materials, mainte- nance, and message regulations for signs located on private property; (iii) The placement of signs does not interfere with snow remov- al, other street maintenance activity, and the visibility of vehicles; (iv) Signs are located on a median, or in the right-of-way adjacent to the paved street surface at the entrance to the subdivision; (v) The applicant can show to the satisfaction of the City Council that the subdivision . entrance signs cannot be placed on private property; and (vi) All liability is the responsibility of the owner of the signs. (vii) Construction of the residential subdivision entrance sign does not endanger public health, safety, or welfare. (c) Subdivision entrance signs shall not be permitted off-premise except as in (b) above. (d) Two signs shall be permitted at each subdivision entrance. Double-faced signs shall be counted as two signs. (e) The size of the message area (subdivision name and address) of the sign shall not exceed 20 square feet. The size of the sign structure in comparison to the size of the message area shall not exceed a ratio of 7 to 1, unless approved as part of a Planned Unit Development. (f) Signs shall not exceed six (6) feet in height. (g) Materials used in the construction of subdivision entrance signs shall be low maintenance materials and may include: metal, wood brick, stone, and concrete. (h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the Property Owner's Association for the subdivision, including those signs located on public property. 4 No signs are permitted if a Property Owner's Association does not exist for the subdivision. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the Property Owner's Association, upon written notice of the City Zoning Official. Signs located on public property which, by reason of deteriora- tion that become unsafe or unsightly, may be removed by the City of Ames, upon written notice of the City Zoning Official. (i) The message on a subdivision entrance sign shall include only the name and address of the subdivision. (j) Signs may be illuminated internally or by reflected light subject to the following: (i) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises; (ii) The light source shall not be placed so to cause confusion or hazard to traffic, or to conflict with traffic control signs or lights; (iii) No illumination involving movement, by reason of the light- ing arrangement, the lighting source, or other devices shall be permitted. This includes blinking, flashing, rotating, and message changing; and (iv) The Property Owners Association shall be responsible for the costs associated with providing electricity to the light source. (k) Landscaping shall be incorporated at the base of each subdivi- sion entrance sign which enhances the site and the surrounding area. Plant materials shall not obstruct the visibility of moving vehicles, or interfere with the maintenance of adjacent public property. Approval of a landscape plan for each residential subdivision entrance sign by the Director of Planning and Hous- ing is required. OPTION NO. 2 Sec. 5.220. ON PREMISES SIGNAGE. (11) Residential Subdivision Entrance Signs. The regulations described in this section apply to subdivision entrance signs in residential subdivi- sions. The location, number, size, height, materials, maintenance, and message regulations for subdivision identification signs are as follows: (a) Signs located on private property shall be no closer than the right-of-way line. , 5 Signs shall not be allowed in the visibility triangle, as described by Section 29.28. (b) It shall be unlawful to erect a subdivision entrance sign on public property, and the Council shall grant no encroachment permits for such signs. (c) Subdivision entrance signs shall not be permitted off-premise. (d) Two signs shall be permitted at each subdivision entrance. Double-faced signs shall be counted as two signs. (e) The size of the message area (subdivision name and address) of the sign shall not exceed 20 square feet. The size of the sign structure in comparison to the size of the message area shall not exceed a ratio of 7 to 1, unless approved as part of a Planned Unit Development. (f) Signs shall not exceed six (6) feet in height. (g) Materials used in the construction of subdivision entrance signs shall be low maintenance materials and may include: metal, wood, brick, stone, and concrete. (h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the Property Owner's Association for the subdivision. No signs are permitted if a Property Owner's association does not exist for the subdivision. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the Property Owner's Association, upon written notice of the City Zoning Official. Signs which, by reason of deterioration that become unsafe or unsightly, may be removed by the City of Ames, upon written notice of the City Zoning Official. (i) The message on a subdivision entrance sign shall include only the name and address of the subdivision. (j) Signs may be illuminated internally or by reflected light subject to the following: (i) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises; (ii) The light source shall not be placed so to cause confusion or hazard to traffic, or to conflict with traffic control signs or lights; (iii) No illumination involving movement, by reason of the light- ing arrangement, the lighting source, or other devices shall 6 be permitted. This includes blinking, flashing, rotating, and message changing; and (iv) The Property Owners Association shall be responsible for the costs associated with providing electricity to the light source. (k) Landscaping shall be incorporated at the base of each subdivi- sion entrance sign which enhances the site and the surrounding area. Plant materials shall not obstruct the visibility of moving vehicles, or interfere with the maintenance of adjacent public property. Approval of a landscape plan for each residential subdivision entrance sign by the Director of Planning and Hous- ing is required. The following definitions should be added to the sign ordinance if regula- tions are adopted for subdivision entrance signs: Sec. 5.202. DEFINITIONS. (17) Residential Subdivision Entrance Sign: A freestanding, on premise, permanent, ground sign designating the name of a residential subdivi- sion. (18) Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are indepen- dent from any building or other structure. (19) Sign Height: The vertical distance between finished grade of the ground nearest the sign structure and the upper most point of the sign structure for residential subdivision entrance signs. STAFF COMMENTS: Subdivision entrance signs are intended to add to the aesthetics of subdi- visions. Although the signs are used as landmarks to a certain extent, staff believes that the primary purpose of these monuments is to add to the aesthetic qualities of the subdivision. Illumination of subdivision entrance signs may add to the aesthetics of the signs during night time hours, but lighting is not absolutely necessary. Staff believes lighting should be possible provided all conditions specified by the proposed ordinance language are met. Staff supports Option No. 2. The issues of potential liability, mainte- nance, and ownership of subdivision entrance signs suggest that the City should not accept these responsibilities. The City typically does not allow other types of signs to locate in the public right-of-way. There is no reason to allow the subdivision entrance signs on public property since the signs can be placed on private property without the public assuming responsibility for safety, maintenance, and ownership. 7 Existing subdivision entrance signs conform to the proposed sign regula- tions with the exception that not all subdivision entrance signs are main- tained by a Property Owner's Association. Staff believes that subdivision entrance signs are an attractive feature and support the ordinance provisions to allow such signs. The Planning and Zoning Commission reviewed this item at their meetings of October 6, October 20, and November 3, 1993. The Planning and Zoning Commission has recommended Option No. 2 and strongly advises that entrance signs not be permitted in public right-of-way. ALTERNATIVES: 1. The City Council can approve of proposed amendments to Chapter 5 of the Municipal Code to allow subdivision entrance signs, as pro- posed in Option No. 1, and direct the City Attorney to prepare an ordinance amendment. 2. The City Council can approve of proposed amendments to Chapter 5 of the Municipal Code to allow subdivision entrance signs, as pro- posed in Option No. 2, and direct the City Attorney to prepare an ordinance amendment. 3. The City Council can deny approval of proposed amendments to Chapter 5 of the Municipal Code to allow subdivision entrance signs. 4. The City Council can approve of proposed amendments to Chapter 5 of the Municipal Code to allow subdivision entrance signs with modifi- cations and direct that the City Attorney to prepare an ordinance amendment. 5. The City Council can refer this item back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #2. This will approve of proposed amendments to Chapter 5 of the Municipal Code to allow subdivision entrance signs on private property and directs the City Attorney to prepare an ordinance amendment. Attachment h\bpo\caf\signs.n23 EXISTING SUBDIVISION ENTRANCE SIGNS Name of Message Area Sign Structure Ratio Subdivision (Sq. Ft.) (Sq. Ft.) (Sign Structure to Message Area) Spring 8.0 56 7:1 Valley Northridge 18.2 ill 6:1 Parkview 6.7 35.4 5.2:1 Stone Brooke 8.2 149.6 18:1 (P.U.D.) Country Gables 14.4 52 3.6:1 h\pz\rpt\subdivsn.mst ORDINANCE NO. 3255 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING ADDITIONAL SUBSECTIONS 5.202 (17) , (18) AND (19) AND A NEW SUBSECTION 5.220(11) , FOR THE PURPOSE OF REGULATING SUBDIVISION ENTRANCE SIGNS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed by enacting new Subsections 5.202(17) , (18) and (19) as follows: "(17)Residential Subdivision Entrance Sign: A freestanding, on premise, permanent, ground sign designating the name of a resi- dential subdivision. (18) Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are inde- pendent from any building or other structure. (19) Sign Height: The vertical distance between finished grade of the ground nearest the sign structure and the upper most point of the sign structure for residential subdivision entrance signs." Section Two. The Municipal Code of the City of Ames, Iowa is hereby amended by enacting a new Subsection 5.220(11) as follows: "(11)Residential Subdivision Entrance Signs. The regulations described in this section apply to subdivision entrance signs in residential subdivisions. The location, number, size, height, materials, maintenance, and message regulations for subdivision identification signs are as follows: (a) Signs located on private property shall be no closer to the travelled part of a street than the right-of-way line. Signs shall not be allowed in the street visibility triangle, as such is described by Section 29.28. (b) It shall be unlawful to erect a subdivision entrance sign on public property, and the Council shall grant no encroachment permits for such signs. (c) Subdivision entrance signs shall not be permitted off-premise. (d) Two signs shall be permitted at each subdivision entrance. Double-faced signs shall be counted as two signs. (e) The size of the message area (subdivision name and address) of the sign shall not exceed 20 square feet. The size of the sign structure in comparison to the size of the message area shall not exceed a ratio of 7 to 1, unless approved as part of a Planned Unit Development. (f) Signs shall not exceed six (6) feet in height. (g) Materials used in the construction of subdivision entrance signs shall be low maintenance materials and may include: metal, wood, brick, stone, and concrete. (h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the Property Owner's Associa- tion for the subdivision. No signs are permitted if a proper- ty owner's association does not exist for the subdivision. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the Property Owner's Association, upon written notice of the City Zoning Official. Signs which, by reason of deterioration that become unsafe or unsightly, may be removed by the City of Ames, upon writ- ten notice of the City Zoning Official. (i) The message on a subdivision entrance sign shall include only the name and address of the subdivision. (j) Signs may be illuminated internally or by reflected light subject to the following: (i) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises; (ii) The light source shall not be placed so to cause confu- sion or hazard to traffic, or to conflict with traffic control signs or lights; (iii) No illumination involving movement, by reason of the lighting arrangement, the lighting source, or other devices shall be permitted. This includes blinking, flashing, rotating, and message changing; and (iv) The Property Owner's Association shall be responsible for the costs associated with providing electricity to the light source. (d) Landscaping shall be incorporated at the base of each subdivi- sion entrance sign which enhances the site and the surround- ing area. Plant materials shall not obstruct the visibility of moving vehicles or interfere with the maintenance of adja- cent public property. Approval of a landscape plan for each 2 residential subdivision entrance sign by the Director of Planning and Housing is required." Section Three. Violation of the provisions of this ordinance shall consti- tute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Four. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Five. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this llth day of January 1994. Sandra L. Ryan, City )Clerk Larry Curtis, Mayor 0268 3