HomeMy WebLinkAboutBridger Industrial Park at 2304 North Seventh Avenue Zoning Sign Variance application
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Bridger Industrial Park Zoning Variance #C-12001
MEETING DATE: March 26, 2012
AGENDA ITEM TYPE: Action (Quasi Judicial Hearing)
RECOMMENDATION: Staff recommends that the City Commission approve the Zoning
Variance Application for the Bridger Industrial Park #C-12001with the conditions and code
provisions and findings in the staff report.
RECOMMENDED MOTION: Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application #C-12001 and move to approve the
requested zoning variances to Sections 38.28.060.A.1 and 38.28.060.A.1.a with conditions
and subject to all applicable code provisions.
BACKGROUND: Property owner Bridger Industrial Park has submitted a zoning variance
application requesting to allow two variances for the property generally located at 2304 N. 7th
Avenue. The first variance requested is to Bozeman Municipal Code (BMC) Section
38.28.060.A.1 to allow an increase in the total allowed signage for the site from the allowable
maximum of 250 square feet to 512 square feet. The second variance requested is to BMC
Section 38.28.060.A.1.a to allow two free standing signs on the lot. The maximum signage
allowed within the M-1 District per lot is 250 square feet. The code only allows one free
standing sign per lot.
The City Commission reclaimed authority for this application from the Board of Adjustment on
March 5, 2012.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application for two variances with the Staff recommended conditions;
2. Approve the application for two variances with modifications to the Staff recommended
conditions;
3. Approve one of the variances and deny the second variance based on a finding of non-
compliance with applicable criteria;
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4. Deny the application for two variances based on a finding of non-compliance with
applicable criteria; or
5. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report, Applicant’s submittal materials
Report compiled on: March 15, 2012
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#C-12001 Bridger Industrial Park Zoning Variance Staff Report 1
City Commission Staff Report for the Bridger Industrial Park Zoning Variance File #C-12001
Item: A Zoning Variance application to allow two zoning variances for the property. The first variance
requested is to Bozeman Municipal Code (BMC) Section 38.28.060.A.1 to allow an increase in the total
allowed signage for the site from the allowable maximum of 250 square feet to 512 square feet. The
second variance requested is to BMC Section 38.28.060.A.1.a to allow two free standing signs on the
lot. The subject property is located at 2304 N. 7th Avenue and is commonly known as Bridger Industrial
Park.
Owner/Applicant/Representative: Bridger Industrial Park
1276 N. 15th Avenue
Bozeman, MT 59715
Date: City Commission Meeting March 26, 2012 at 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is generally located at 2304 N. 7th Avenue and is legally described as is legally
described as Lots 16 and 17 of the Gordon Mandeville State Subdivision, Section 36, T1S, R5E, City of
Bozeman, Gallatin County, Montana. The property is zoned M-1 (Light Manufacturing District) and
located within the N. 7th Avenue Class II Entryway Corridor. Please see the following vicinity map on
page 2.
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#C-12001 Bridger Industrial Park Zoning Variance Staff Report 2
Proposal
The proposal includes the request to allow two zoning variances for the property. The first variance
requested is to Bozeman Municipal Code (BMC) Section 38.28.060.A.1 to allow an increase in the total
allowed signage for the site from the allowable maximum of 250 square feet to 512 square feet. The
second variance requested is to BMC Section 38.28.060.A.1.a to allow two free standing signs on the
lot. The maximum signage allowed within the M-1 District per lot is 250 square feet. The code only
allows one free standing sign per lot. For code administration purposes, adjacent lots in common
ownership are considered a single lot per the lot definition in BMC Section 38.42.1670.
The site under review includes two lots. The approximate size of the subject site is 7.5 acres. The site
includes four buildings, described here by address and associated square footage: 2340 N. 7th Avenue,
62,825 square feet; 2306 N. 7th Avenue, 9,800 square feet; 2308 North 7th Avenue 15, 000 square feet;
and 2310 N. 7th Avenue, 15,000 square feet.
Recommendation
Staff supports approval of the requested variance application for the reasons addressed below under the
VARIANCE REVIEW SECTION. Conditions are provided for consideration, please note that these
conditions are in addition to the required code provisions noted within this report.
Staff Recommended Condition:
1. The second freestanding signage approved as part of this Bridger Industrial Park Zoning Variance is
specifically related to the use of tenant space by a critical public agency. If the public agency leaves the
complex the signage identifying that tenant in the freestanding sign shall be removed so that the sign
only identifies the complex and associated addresses. This condition shall override any provision of the
municipal code contrary to this condition.
Code Provisions:
1. Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section,
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shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting
or reflecting objectionable light onto a neighboring use or property.
2. Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a manner
that no light is emitted above a horizontal plane passing through the lowest point of the light emitting
element, so that direct light emitted above the horizontal plane is eliminated
Conclusion/Recommendation
Staff has reviewed the Bridger Industrial Park Zoning Variance and recommends City Commission
approval of said application with the conditions and code provisions outlined in this Staff Report. Staff
has identified various code provisions that are currently not met by this application. Some or all of these
items are listed in the findings of this Staff Report. The applicant must comply with all provisions of the
Bozeman Unified Development Code, which are applicable to this project, prior to receiving final
approval. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or State law.
Zoning Designation & Land Uses
The property is zoned M-1 (Light Manufacturing District). The intent of the M-1 district is to provide
for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation
terminals, light manufacturing, and similar activities. The district should be oriented to major
transportation facilities yet arranged to minimize adverse effects on residential development, therefore
some type of screening may be necessary.
The following land uses and zoning are adjacent to the subject property:
North: Industrial use, zoned “M-1”
South: Industrial use, zoned “M-1”
East: Industrial use, County jurisdiction
West: Retail, outdoor storage, sales, zoned “M-1”
Adopted Growth Policy Designation
Industrial: This classification provides areas for the uses which support an urban environment such as
manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and
is connected to significant transportation corridors. In order to protect the economic base and necessary
services represented by industrial uses, uses which would be detrimentally impacted by industrial
activities are discouraged. Although use in these areas is intensive, these areas are part of the larger
community and shall meet basic standards for landscaping and other site design issues and be integrated
with the larger community. In some circumstances, uses other than those typically considered industrial
have been historically present in areas which were given an industrial designation in this growth policy.
Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.
Review Criteria & Staff findings
Section 38.35.060.C Zoning Variances: Criteria for Consideration and Decision
In acting on an application for a variance, the Board of Adjustment (City Commission if reclaimed) shall
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designate such lawful conditions as will secure substantial protection for the public health, safety, and
general welfare, and shall issue written decision setting forth factual evidence that the variance meets the
standards of MCA 76-2-323 in that the variance:
1. The variance will not be contrary to and will serve the public interest;
Variance #1 to Section 38.28.060.A.1 of the Bozeman Municipal Code (BMC) to allow an increase in
the total allowed signage for the site from the allowable maximum of 250 square feet to 512 square feet.
Generally, staff would not support an outright request to more than double the signage square footage
for an M-1 site. However, this particular application and site has several unique characteristics, (as
addressed under review criteria 2 below), that result in staff findings to support this particular variance
as not being contrary to the public interest.
The property owner recently completed a façade upgrade project to reapply the siding materials and to
replace the metal roofing, trim, and cornice on the building following hail damage from the June 2010
storm. During this process and following Certificate of Appropriateness approval by the City the
property owner added specific design elements that provide a distinct background for locating signage
on the building along N. 7th Avenue. These areas provide durable surfaces where signage can be
attached to the building and that consolidate the signage in specific areas on the façade in consistent and
repetitive locations conforming to the building’s design and architecture. The property owner also
installed indirect gooseneck lighting to illuminate the signs and specified that tenants could not have
internally lit signs on the building. All of this was done outside of a comprehensive signage plan
process and was initiated by the property owner. A comprehensive signage plan has now been
submitted concurrent with this variance request that would place additional restrictions on the site
signage that will result in an overall strong sign package for the complex. With the improvements made
to the property, the comprehensive signage plan, and additional opportunities to review individual sign
permits for the property, staff is confident that the site can accommodate the additional signage square
footage requested without overwhelming the building, creating a nuisance, or distracting drivers. Staff
finds this variance would not be contrary to the public interest.
Variance #2 to Section 38.28.060.A.1.a BMC is to allow two free standing signs on the lot. Again, staff
would not normal support an outright request to add a second free standing sign to the site. However,
this particular application and site have several unique characteristics, (as addressed under review
criteria 2 below), that result in staff findings to support this particular variance as not being contrary to
the public interest.
There is a specific public benefit to allowing tenant signage to be located on a second freestanding sign
that directs customers to the building to the east side of the site that is obscured from N. 7th Avenue.
The site currently has one freestanding sign on site that is 48 square feet in size and includes a complex
identification/address with a multitenant directory that lists individual tenant businesses. A second
freestanding directional sign exists to direct customers and public safety agencies to the buildings
addressed to N. 7th Avenue that are obscured by the building that fronts on N. 7th Avenue. The other
three buildings on site do not have frontage on N. 7th Avenue nor can they be seen from that street. The
proposal is to upgrade this current directional address sign to a full 32 square feet freestanding sign that
would identify the complex, the addresses of the three buildings to the east, and one public agency
tenant. As demonstrated in the application, Alcohol and Drug Services of Gallatin County is a tenant in
one of the buildings that cannot be seen from N. 7th Avenue, and they have documented that their
clientele have trouble finding their facility. There is a public benefit to their services and it would be in
the public interest for their clients to be able to find the facility. The second sign is dwarfed by the
building along N. 7th Avenue and would not be detrimental to the streetscape. Staff recommends a
condition that if the public agency upon which this variance is based leaves as a tenant, that the sign
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panel on the freestanding sign would revert back to a complex identification and address only sign.
With this condition, Staff finds this variance would not be contrary to the public interest.
2. 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 lots, and
governmental actions outside of the owners control;
The findings in this section would apply to both variance requests and are related to hardship and
conditions unique to the property. This review criterion strives to eliminate self imposed actions and
financial considerations from being the source of variance support. To that end, there are some unique
aspects to this request and site that do allow some distinction if the variance is approved. These include:
a. Size and Orientation. The site is large at 7.5 acres in size. Comparable M-1 zoned site in the
vicinity range from .34 to 3.36 acres. There are four large buildings located on this site. Three
of the buildings cannot be seen from N. 7th Avenue. The signage on the three buildings to the
east side of the property is considered exempt from the sign code as it is within an enclosed area
of the property where such signs cannot be legible when viewed from outside the property as
defined in section 38.28.050 of the Code. Through a comprehensive signage plan these tenants
may have the ability to have tenant signage on the building along N. 7th Avenue if there is square
footage available for them to utilize. The building that fronts onto N. 7th Avenue, 2304 N. 7th
Avenue, is long and linear. The building includes 440 feet of linear frontage. A building of this
size can accommodate significant signage without the signage dominating the site or appearing
out of scale.
b. Occupants. This complex is multitenant. As stated in the application there is a wide range of
tenants within the complex. While all allowed by the industrial zoning classification, clustered
as they are in a multitenant complex of this size, they do present a unique situation within the
City. Many, but not all, of these uses are not typical industrial uses that have few actual
customers that visit the site. The uses present at Bridger Industrial Park include uses have
customers and clients that need to be able to locate and find these business regularly, as would be
more typical in our commercial zoning districts. The total possible tenant spaces between all
four buildings is 32 as indicated within the application narrative. The sheer number of possible
tenants and the varied tenant makeup is unique to this complex.
Staff finds that this variance is necessary owning 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.
3. 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
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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.
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.
Attachments:
Applicant’s Submittal Materials
Report Sent to:
Bridger Industrial Park
Kevin Black
1276 N. 15th Avenue
Bozeman, MT 59715
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