HomeMy WebLinkAboutBillion Plaza II Nissan Sign Variance Application No. Z-11265
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Variance Application #Z-11265 – Billion Plaza II Nissan Sign Variance. MEETING DATE: November 7, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: Conditional approval of the variance application.
RECOMMENDED MOTION: Based on the findings in the staff report that the application meets the variance review criteria of Section 18.66.060.C of the Bozeman Municipal Code, I move to approve the Billion Plaza II Nissan Sign Variance Application
#Z-11265 subject to the condition of approval included in the project staff report.
BACKGROUND: Bayliss Architects, on behalf of the J & D Family Limited Partnership (Billion), has submitted a sign variance application for the recently constructed Nissan Dealership. The variance application seeks approval to move an existing sign from its current
location at the old Nissan Dealership on the corner of N. 19th Avenue and W. Main Street to the
new Nissan location on Cottonwood. The existing sign was granted previous variance approval
by the City Commission in 1997 to exceed the allowable square footage and the sign height allowed by Code, but that variance, by law, was specific to that location. The City Commission was the original approval authority for the Master Site Plan application in 2010 that entitled the
new Nissan Dealership and the City Commission reclaimed review of this variance at their
meeting of October 24, 2011.
The specific request is to allow a variance to Section 18.52.060.A.1. of the Bozeman Municipal Code to allow a free standing sign at the new Nissan Dealership that is 39 square feet in size where the code allows 32 square feet and for the sign to be 14 feet 9 inches in total height where
the code allows 13 feet.
Attached is the staff review of the variance application along with the previous Commission minutes from when the sign was approved in 1997 at the 19th Avenue location. Staff has discussed the recommended condition of approval with the applicant and they are agreeable to its
terms.
UNRESOLVED ISSUES: None at this time.
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ALTERNATIVES: 1) Approve the variance with different sign dimensions with the
recommended condition, or with amended or additional conditions
as determined by the Commission.
2) Deny the requested variance.
FISCAL EFFECTS: The standard application fee was received for the application and was
added to the Department of Planning’s application fee revenue.
Attachments: Staff Report
10-06-97 City Commission Minutes
Applicant’s submittal materials
Report compiled on: October 27, 2011
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#Z-11265 Billion Plaza II Nissan Dealership Variance - Staff Report 1
CITY COMMISSION STAFF REPORT BILLION PLAZA II NISSAN DEALERSHIP VARIANCE
FILE NO. #Z-11265
Item: Variance Application #Z-11265, a variance to Section 18.52.060.A.1. of the Bozeman Municipal Code to allow a free standing sign at the new Nissan Dealership on the corner of Cottonwood Road and Fallon Street that is 39 square feet in size where the code allows 32 square
feet and for the sign to be 14 feet 9 inches in total height where the
code allows 13 feet.
Owner: J & D Family Limited Partnership 1919 West Main Street
Bozeman, MT 59718
Applicant/Representative: Bayliss Architects, P.C. P.O. Box 1134 Bozeman, MT 59771-1134
Date: City Commission Meeting: Monday, November 7, 2011 at 6:00 p.m. in the City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Recommendation: Conditional approval of the variance application ______________________________________________________________________________
PROJECT LOCATION
The Nissan Dealership is located on the corner of Cottonwood Road and Fallon Street and is addressed
as 380 Automotive Avenue. The property is legally described as Lot 1, Block 1, J & D Family Major
Subdivision, T2S, R5E, City of Bozeman, Gallatin County, Montana. The zoning designation for said
property is B-2 (Community Business District). Please refer to the following vicinity map.
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#Z-11265 Billion Plaza II Nissan Dealership Variance - Staff Report 2
PROPOSAL
Bayliss Architects, on behalf of the J & D Family Limited Partnership (Billion), has submitted a sign
variance application for the recently constructed Nissan Dealership. The variance application seeks approval to move an existing sign from its current location at the old Nissan Dealership on the corner of N. 19th Avenue and W. Main Street to the new Nissan location on Cottonwood. The existing sign was
granted previous variance approval by the City Commission in 1997 to exceed the allowable square
footage and the sign height allowed by Code, but that variance, by law, was specific to that location. The
City Commission was the original approval authority for the Master Site Plan application in 2010 that entitled Billion’s new development and the City Commission reclaimed review of this variance at their
meeting of October 24, 2011.
The specific request is to allow a variance to Section 18.52.060.A.1. of the Bozeman Municipal Code to
allow a free standing sign at the new Nissan Dealership that is 39 square feet in size where the code allows 32 square feet and for the sign to be 14 feet 9 inches in total height where the code allows 13 feet.
Therefore, the variance is for an additional 7 square feet (22%) in size and 1 foot 9 inches (14%) in
height.
RECOMMENDATION Staff supports approval of the requested variance application for the reasons addressed below under the
VARIANCE REVIEW SECTION.
ZONING DESIGNATION & LAND USES
The property is zoned B-2 (Community Business District). The intent of the B-2 district is to provide
for a broad range of mutually supportive retail and service functions located in clustered areas bordered
on one or more sides by limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
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#Z-11265 Billion Plaza II Nissan Dealership Variance - Staff Report 3
North: GM Dealership (Under construction); zoned B-2
South: Across Fallon Street: Billion Car Wash; zoned BP (Business Park District)
East: Across Cottonwood Road: Residential (HRDC apartments); zoned R-O (Residential Office District)
West: Chrysler Dealership (Under construction); zoned B-2
VARIANCE REVIEW SECTION:
Section 18.66.060.C “Zoning Variances: Criteria for Consideration and Decision”
A. The variance will not be contrary to and will serve the public interest;
Generally, staff would not support such a variance on the general planning principles that this is a new development “greenfield” site where development is typically expected to occur in compliance with all current code standards. However, this particular application and site has
several unique characteristics, (as addressed under review criteria B below), that lead staff to
support this particular variance as not being contrary to the public interest.
Staff also recognizes the desire and efficiency of the applicant’s request to move an existing sign from the old Nissan location (for which a previous variance was granted by the Commission to
allow this sign to be constructed at a size that exceeds the sign code requirements). In addition,
the amount of variance being requested is relatively minimal at an additional 7 square feet (22%)
in size and 1 foot 9 inches (14%) in height. These percentage increases are generally consistent with the maximum 20% dimensional deviation that can be granted in the entryway corridors through the design review process. Staff also acknowledges the fact that with the extra setback
proposed for the sign placement, (at 26 feet from the right-of-way instead of the minimum 15
feet, an increase of 73%), that the visual impact from the extra 7 square feet and approximately
2 feet in extra sign height will be somewhat mitigated. In addition, this project/site is allowed a total of 400 square feet of signage by Code, (including
wall signs, freestanding signs and projecting signs each with respective limitations), and the
applicant has only used 266 square feet of wall signage for the Nissan dealership. With the
addition of this 39 square foot freestanding sign, the site will have 305 square feet of signage. As a condition of approval of the variance, the applicant has agreed to cap the total sign area for the site at 305 square feet, (not including permitted temporary or special event signs or signs exempt
from permit requirements). Therefore, this would be a reduction of 24% from the maximum area
allowed by the sign code. B. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of the title;
• Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and
• Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful
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lots, and governmental actions outside of the owners control;
While it could be argued that this variance request boils down to financial considerations, and
planning principles and this review criterion strive to eliminate “financial considerations” from being the source of variance support, there are some unique aspects to this request and site that
do allow some distinction and would minimize any negative precedent if the variance is
approved. These include:
- While any B-2 zoned lot, (in which the Code does not specify a minimum B-2 lot size), is allowed one freestanding sign of 32 square feet in size and 13 feet of total height, this
particular lot is over 2 acres in size and the sign will be setback from the Cottonwood Road
right-of-way an additional 11 feet from the Ordinance minimum of 15 feet. Relative to the
size of the site, this sign will have less visual impact than most B-2 zoned parcels.
- Cottonwood Road is a designated principal arterial with 120 feet of right-of-way width and has been constructed in front of this location with four lanes and a raised median. This is in
comparison to many other existing B-2 properties on arterials that have far less right-of-way
or constructed roadway widths. For example, W. Main between 7th and 11th has only 90 feet
of right-of-way and N. 7th typically has only 100’ of total right-of-way width. Therefore, this
wide right-of-way and roadway helps to mitigate the visual impact of the additional sign area or height.
- This is an existing sign that was granted previous variance approval by the City and is being
moved to a new location (same business) and whose design was previously reviewed as part
of the Master Site Plan approval that entitled this development. C. The variance will observe the spirit of this title, including the adopted growth policy, and do substantial justice.
One of the key tools for implementing the Bozeman Community Plan is following the adopted
regulatory standards of the Code. These regulatory codes establish the standard to which all development, new or old, must comply. These codes are intended to protect and enhance the
public health, safety and welfare by avoiding or mitigating some detrimental circumstance or
action. While staff does not have the power to waive or vary from the adopted development
requirements, the City Commission can weigh the applicant’s arguments against the variance
review criteria above to determine if the variance can be approved to achieve a fair and proportionate outcome.
Objective G-2.1 of the City of Bozeman Community Plan (Growth Policy) states:
Ensure that development requirements and standards are efficiently implemented, fairly and consistently applied, effective, and proportionate to the concerns being addressed.
For the Commission’s review, also attached is a copy of the minutes from the 10-06-97 City
Commission meeting where the previous variance was granted to allow this sign at the 19th
Avenue location. As noted in those minutes, that variance was part of a much larger re-design of the J.C. Billion sign plan for the 19th Avenue location.
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PUBLIC COMMENT
As of the writing of this staff report, the Planning Office has received no testimony from the general
public in response to the mailings, posting or newspaper notice regarding the requested variance application. Any public comments received after the date of this report will be distributed to the City
Commission at the public hearing.
RECOMMENDED CONDITION:
1. The total maximum sign are for the site shall be limited to 305 square feet (not including permitted temporary or special event signs or signs exempt from permit requirements). If the
freestanding sign approved by the variance is removed and replaced with a freestanding sign that
complies with all applicable requirements of the sign code, the total maximum sign area shall be
as permitted by the sign code. CONCLUSION:
AS AN APPLICATION FOR A VARIANCE, AND BECAUSE THE BOZEMAN CITY
COMMISSION PREVIOUSLY VOTED AFFIRMATIVELY TO ASSUME JURISDICTION OVER THIS DECISION, THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66.080 OF
THE BOZEMAN MUNICIPAL CODE.
Attachments: 10-06-97 City Commission Minutes Applicant’s Submittal Materials
Report Sent to: J & D Family Limited Partnership,1919 West Main Street, Bozeman, MT 59718
Bayliss Architects, P.C., P.O. Box 1134, Bozeman, MT 59771-1134
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