HomeMy WebLinkAboutA004 - Council Action Form dated September 27, 1994 ITEM #: .
DATE: 09/27/94
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENTS TO
ALLOW SUBDIVISION ENTRANCE SIGNS ON PRIVATE PROPERTY,
REGARDLESS OF WHETHER A PROPERTY OWNER'S ASSOCIATION EXISTS
FOR THE SUBDIVISION, BY ADOPTING A NEW SUBSECTION 23.31(4) AND BY
REPEALING AND RE-ENACTING SUBSECTION 5.220(11)(H).
ACTION FORM SUMMARY: These are ordinance amendments in response to a
request that subdivision entrance signs be permitted on private property
regardless of whether a property owner's association exists for the
subdivision.
City staff recommends approval of this request, with the ordinance
amendments described in this report.
BACKGROUND:
On January 11, 1994, the City Council adopted regulations for residential subdivision
entrance signs. The regulations prohibit subdivision entrance signs on public property.
In addition, subdivision entrance signs are permitted only if a property owner's
association exists for the subdivision.
A developer has requested that the City Council consider changing the Municipal
Code to allow the placement of subdivision entrance signs on private property,
regardless of whether a property owner's association exists for the subdivision.
ANALYSIS:
The wording of the current text for subsection 5.220(11)(h) is as follows:
SIGNS.
5.220(11) Residential Subdivision Entrance Signs.
"(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."
The proposed ordinance amendment for subsection 5.220(11)(h) would read as
follows:
"(h) Maintenance of signs, illumination devices, and landscaping shall be the
responsibility of the property owner. Signs which, by reason of
deterioration, may become unsafe or unsightly, shall be repaired or
removed by the property owner upon written notice of the City. Signs
which by reason of deterioration become unsafe or unsightly, may be
removed by the City upon written notice of the City."
A new subsection, 23.31(4), would also be added to the City's subdivision regulations
for the purpose of establishing easement requirements for the permanent subdivision
identification signs proposed to be located on private property.
The Municipal Code would be amended to enact a new subsection 23.31(4) as
follows:
"(4) If the subdivider proposes that there be a permanent sign installed on
private property in the subdivision as identification of the subdivision, an
easement shall be granted to the City for the site of the sign, in accordance
with the following:
(a) The easement shall grant the City access to maintain the sign site
and the sign if the owner of the sign and site fails to perform such
maintenance to the reasonable satisfaction of the City.
(b) The easement shall state that the owner of the lot over which the sign
easement is granted shall have and retain ownership and
responsibility for the sign and shall pay the City any costs the City
may incur to maintain the sign or sign site if the owner of the sign
fails to perform reasonable maintenance after notice from the City to
do so.
(c) The easement shall be granted to the City over a platted building lot,
not an 'out-lot'."
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STAFF COMMENTS:
City staff support the proposed amendments to the Municipal Code for subdivision
entrance signs. The proposed amendments will allow the placement of such signs in
subdivisions, with or without property owner's associations, and places the
responsibility for maintenance of the sign on the property owner. If the property owner
fails to maintain the sign, the City will have the authority to perform the maintenance
and charge the property owner for the cost of such maintenance.
ALTERNATIVES:
1. The City Council can adopt the proposed amendment to Subsection 5.220(11)(h)
and the addition of Subsection 23.31(4) to the Municipal Code to allow
subdivision entrance signs on private property in subdivisions, with or without
property owner's associations.
2. The City Council can deny approval of the proposed amendment to Subsection
5.220(11)(h) and the addition of Subsection 23.31(4) to the Municipal Code to
allow subdivision entrance signs on private property in subdivisions, with or
without property owner's associations.
3. The City Council can adopt a modification of approval of the proposed
amendment to Subsection 5.220(11)(h) and the addition of Subsection 23.31(4)
to the Municipal Code to allow subdivision entrance signs on private property in
subdivisions, with or without property owner's associations.
4. The City Council can table this request and refer it 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
#1, a recommendation to adopt the proposed amendment to Subsection 5.220(11)(h)
and the addition of Subsection 23.31(4) to the Municipal Code to allow subdivision
entrance signs on private property in subdivisions, with or without property owner's
associations.
h\bpo\caf\signs.927
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CAF APPROVAL
SS BK SL
JK JP SR
To be sent to Dean Hunziker