HomeMy WebLinkAboutBillion Plaza II GM Sign Variance Application Z-12134
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Variance Application #Z-12134 – Billion Plaza II GM Sign Variance.
MEETING DATE: July 23, 2012
AGENDA ITEM TYPE: Action (Quasi Judicial)
RECOMMENDATION: Conditional approval of the variance application.
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 File #Z-12134 and move to approve the variance
with the condition of approval included in the 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 GM Dealership.
The variance application seeks approval to move an existing sign from its current location at the
old GM Dealership on the corner of N. 19th Avenue and W. Main Street to the new GM 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 granted an
almost identical variance in November of 2011 for the relocation of the Nissan sign to/from the
same development location(s).
The specific request is to allow a variance to Section 38.28.060.A.1.a of the Bozeman Municipal
Code to allow a free standing sign at the new GM Dealership that is 39 square feet in size where
the code allows 32 square feet and for the sign to be 14 feet 4 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: July 12, 2012
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#Z-12134 Billion Plaza II GM Dealership Variance - Staff Report 1
CITY COMMISSION STAFF REPORT
BILLION PLAZA II GM DEALERSHIP VARIANCE
FILE NO. #Z-12134
Item: Variance Application #Z-12134, a variance to Section 38.28.060.A.1.a
of the Bozeman Municipal Code to allow a free standing sign at the
new GM Dealership on the west side of Cottonwood Road north of
Fallon Street that is 39 square feet in size where the code allows 32
square feet and for the sign to be 14 feet 4 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, July 23, 2012 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 GM Dealership is located on the west side of Cottonwood Road north of Fallon Street and is
addressed as 270 Automotive Avenue. The property is legally described as Lot 2, 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-12134 Billion Plaza II GM 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 GM Dealership. The variance application seeks
approval to move an existing sign from its current location at the old GM Dealership on the corner of N.
19th Avenue and W. Main Street to the new GM 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 granted an almost identical variance in November of 2011 for the relocation of the Nissan
sign to/from the same development location(s).
The specific request is to allow a variance to Section 38.28.060.A.1.a 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 4 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 4 inches (10%) 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-12134 Billion Plaza II GM Dealership Variance - Staff Report 3
North: Vacant: (Owned by Billion); zoned B-1 (Neighborhood Business District)
South: Nissan Dealership; zoned B2 (Community Business District)
East: Across Cottonwood Road: Residential (HRDC apartments and vacant); zoned R-
O (Residential Office District)
West: Chrysler Dealership (Under construction); zoned B-2
VARIANCE REVIEW SECTION:
Section 38.35.060.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 GM 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 4 inches (10%) 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
1.5 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 284 square feet of wall signage for the GM dealership. With the addition
of this 39 square foot freestanding sign, the site will have 323 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 323 square feet, (not including permitted temporary or special event signs or signs exempt
from permit requirements).
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
lots, and governmental actions outside of the owners control;
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#Z-12134 Billion Plaza II GM Dealership Variance - Staff Report 4
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 4 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.
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
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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 area for the site shall be limited to 323 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, THE DECISION OF THE CITY COMMISSION
MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080
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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June 18, 2012
Attn: Mayor and Commissioners
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
RE: Variance Request
Mayor and Commissioners,
On behalf of the Owner, J & D Limited Partnership, Bayliss Architects is requesting a variance be
reviewed through the City Commission. We are asking that the city commission reclaim to itself
the approval of the variance per section 18.64.010(C.1) of the Bozeman Unified Development
Ordinance as the City Commission was the initial reviewing authority for the Billion Plaza II master
plan.
Cause for Variance Request
The item we are requesting a variance for is relating to the relocation of an existing sign, currently
located at the previous J.C. Billion Buick/GMC dealership on the corner of 19th Street and Main,
to the new J.C. Billion Buick/GMC dealership located at 270 Automotive Ave. The existing sign
deviates from UDO Section 18.52.060 (A.1) Freestanding pole-style signs in two regards. The
primary issue is the allowable square footage. The sign face is 39 square feet exceeding the 32
square foot allowance set forth in the UDO. The second issue is the sign face is 6’-4” tall which
causes the top of the sign to exceed the 13 foot height allowance when the bottom of the sign is
placed to maintain the 8 foot clearance from the ground.
Argument for Variance Approval
The existing GMC/Buick pole sign was approved by the City Commission through a variance on
October 6, 1997 allowing the sign to exceed the 32 square foot allowance and be installed at
the 19th Street location. We are asking that the same variance be granted at the new location
along Cottonwood Rd. for the following reasons and with regard to Section 18.66.060.C of the
Bozeman UDO:
Section 18.66.060.C .1. Will not be contrary to and will serve the public interest;
The sign location and additional square footage does not obscure any significant views
to or from the site or along the roadway. The existing 39 square foot sign would be
installed 26’ from the property line along Cottonwood and 37’ from the curb of
Cottonwood Road located on a subtle slope in a landscaped island. Due to the sign
being set back further than the required 15’ setback, the perceived visual appearance
of the sign would be comparable to a 32 square foot sign installed at the required 15’
minimum setback. Additionally, once the planted trees located along the roadway
grow to maturity the excess sign height and square footage will not be as noticeable.
Section 18.66.060.C .2. 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 this title:
a) 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
b) 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 location of the pole sign is pulled back from the roadway further than the required
15’ setback as to not interfere with the drainage system. Refer to comments for
Section.66.060.C.1 for additional information pertaining to the location and visual
impacts of the sign.
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Section 18.66.060.C .3. Will observe the spirit of this title, including the adopted growth policy,
and do substantial justice;
The following sections of the Bozeman Community Plan and adopted growth policy refer
to economic growth and sustainability with regard to local businesses and resources:
Chapter 8, Objective ED-3.2: Encourage sustainable development to minimize costs to
businesses and customers and protect quality of life.
Chapter 49, Goal #49: Support the creation and expansion of local businesses
Chapter 49, Goal #53: Recognize sustainability as a component of economic
development
The existing sign is owned by GM and leased by the property owner. Despite
our request to GM, GM will not take back the sign or allow the sale of the sign to
another party or the sign to be used in another location other than the JC Billion
Buick/GMC Dealership. GM also prevents the modification of the sign as the
sign must meet their design criteria. Therefore the existing sign would have to be
destroyed. This would be a waste of a sign that is in good condition. The
property owner would then need to lease another custom made sign requiring
additional new materials be used for construction as well as having the sign
constructed and freighted to the site from out of state. This is a waste of natural
resources both in construction of the sign and the shipping of the sign. The
owner has tried to be as environmentally conscious as possible with this
development, installing efficient LED site and building lighting, recycling waste
oil to heat the two large dealerships, using high recycle content in steel and
other construction materials, etc. and junking this sign seems wasteful.
And while financial hardships are not considered a relevant justification for a
variance request, it does make sense to look at the effect an additional sign
lease would have on the growth of the business. A new sign is not a one-time
purchase for the business. It is an additional lease on a sign, which would
require the business to lease two signs, one of which would be in a landfill and of
no use to the business; the additional lease payments over the long term would
take money away from the business and provide no benefit to the businesses
growth.
Thank you for your time and consideration with this request and the support throughout this
project
Sincerely,
Bayliss Ward, AIA, NCARB
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