HomeMy WebLinkAboutTown & Country Foods Campus Square Signage Zoning Variance
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Associate Planner
Steve Worthington, Interim Planning Director
SUBJECT: Town & Country Foods Campus Square Signage Zoning Variance – #C-13001
MEETING DATE: February 4, 2013
AGENDA ITEM TYPE: Action-Quasi Judicial
RECOMMENDATION: That the City Commission approves the Zoning Variance Application
for the Town & Country Foods Campus Square #C-13001 with the conditions and code provisions and findings within 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-13001 and move to approve the
zoning variance to Section 38.28.060.A.2 with conditions and subject to all applicable code provisions”
BACKGROUND: Property owner Town & Country Foods and applicant Bridger Brewing
Company submitted this zoning variance application in cooperation. The property under review
includes four lots. For code administration purposes, adjacent lots owned in common are
considered a single lot per the lot definition in Section 38.42.1670 BMC. The approximate size of the subject property is 209,325 square feet, or approximately 4.80 acres. The large property includes just one building with a footprint size of 25,309 square foot.
The proposal requests one zoning variance for the property, from Section 38.28.060.A.2 of the
Bozeman Municipal Code (BMC) to allow an increase in the allowable maximum total signage for the building addressed as 1607-1611 South 11th Avenue. The maximum allowable total signage for a lot with one building in a B-1 zoning district is 80 square feet. This proposal is
asking an increase in the maximum allowable signage for the building from 80 square feet to 205
square feet.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Approve the zoning variance with the recommended conditions and code
provisions;
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2. Approve the zoning variance with modifications to the recommended
conditions and code provisions;
3. Deny the variance based on a finding of non compliance with applicable
criteria; or 4. 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: January 24, 2013
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#C-13001 Town & Country Foods Campus Square Zoning Variance Staff Report 1
City Commission Staff Report for the Town & Country Foods Campus Square Zoning Variance File #C-13001
Item: A Zoning Variance application to allow a zoning variance for the property. The variance is requested from Section 38.28.060.A.2 of the Bozeman Municipal Code (BMC) to allow an increase in
the allowable maximum total signage for the building addressed as 1607-1611 South 11th Avenue. The
increase is from 80 square feet to 205 square feet.
Property Owner: Town & Country Foods, 1611 South 11th Avenue, Bozeman, MT 59715
Applicant/Representative: Bridger Brewing Company, c/o David Breck, 1609 South 11th Avenue,
Bozeman, MT 59715
Date: City Commission Meeting, February 4, 2013 at 6:00 p.m. in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Allyson Brekke, Associate Planner
Recommendation: Conditional Approval ______________________________________________________________________________
Project Location
The subject property is generally addressed as 1607 – 1611 South 11th Avenue and is legally described
as Lots 3, 4, 8 and 9 of the Tai Lane Addition, City of Bozeman, Gallatin County, Montana. The
property is zoned B-1 (Neighborhood Business District). Please see the following vicinity map.
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#C-13001 Town & Country Campus Square Zoning Variance Staff Report 2
Project Proposal
The property under review includes four lots. For code administration purposes, adjacent lots owned in
common are considered a single lot per the lot definition in Section 38.42.1670 BMC. The approximate size of the subject property is 209,325 square feet, or approximately 4.80 acres. The large property
includes just one building with a footprint size of 25,309 square foot.
The proposal requests one zoning variance for the property, from Section 38.28.060.A.2 of the Bozeman
Municipal Code (BMC) to allow an increase in the allowable maximum total signage for the building addressed as 1607-1611 South 11th Avenue. The maximum allowable total signage for a lot with one
building in a B-1 zoning district is 80 square feet. This proposal is asking an increase in the maximum
allowable signage for the building from 80 square feet to 205 square feet.
Staff Recommendation
Staff supports approval of the requested variance application for the reasons addressed below under the
VARIANCE REVIEW SECTION on pages 3 – 5. Conditions are provided for consideration, please
note that these conditions are in addition to the required code provisions noted within this report.
Recommended Conditions of Approval
1. The comprehensive sign plan for the building shall be updated reflecting the designated square
footage for each tenant space within the building. The updated comprehensive sign plan shall be
approved by staff prior to approval of a sign permit.
Code Provisions
1. Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section,
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
Zoning Designation & Land Uses
The property is zoned B-1 (Neighborhood Business District). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by
neighborhood residents on a day to day basis, as well as residential development as a secondary purpose,
while still maintaining compatibility with adjacent residential land uses. Development scale and
pedestrian orientation are important elements of this district. The following land uses are adjacent to the subject property:
North: Developed lots. MSU Endowment & Research Foundation offices, the Tai Lane Apartments,
and commercial building, zoned R-O (Residential Office District) and B-1. South: Developed lots. University Apartments, zoned R-4 (High Density Residential District).
East: South 11th Avenue corridor and MSU Brick Breeden Fieldhouse, zoned PLI (Public Lands and
Institutions District).
West: Undeveloped lots. An un-named watercourse/drainage swale and county zoned land.
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Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman 2020 Community Plan designates the subject property to develop as “Neighborhood Commercial.” The “Neighborhood Commercial” classification is the
smallest scale of the commercial land use designations and is oriented to serving the needs of
neighborhoods. This category is typified by smaller scale shops and services and a high level of
pedestrian, bicycle, and transit opportunities. Neighborhood Commercial centers are intended to support
and help give identity to individual neighborhoods by providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate the provision of services and
opportunities to persons without requiring the use of an automobile. Activities commonly expected in
this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small restaurants,
and residences above other activities. Multiple story buildings are encouraged to establish a unique
visual character to these areas.
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 review authority (in this case, the City Commission) shall designate such lawful conditions as will secure substantial protection for the public health, safety and
general welfare, and shall issue written decisions setting forth factual evidence that the variance meets
the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
The variance from Section 38.28.060.A.2 of the Bozeman Municipal Code (BMC) is to allow an
increase in the total allowed signage for the building from the allowable maximum of 80 square feet to
205 square feet. Generally, staff would not support an outright request to more than double the signage square footage for a B-1 site. However, this particular site and building have several unique
characteristics, (as addressed under review criteria 2 below), that lead staff to support this particular
variance as not being contrary to the public interest.
The original comprehensive sign plan was submitted with the original remodel development of the building and allocated a certain sign square footage for each tenant space in the building, not exceeding
the 80-square foot maximum. The largest amount of square footage was understandably allocated to the
largest tenant space and the remaining square footage was split between the other two tenant spaces.
Unfortunately, those two tenant spaces are not equal in size and therefore, it isn’t entirely justifiable to
have each of them with the same amount of signage.
The Bridger Brewing Company applicant is filling a restaurant tenant space that has remained empty
since the remodeled building opened to the public in 2010. They already received final approval from
the City for the establishment of the restaurant and brewery, including the serving of alcohol for on-
premise consumption, as well as a small 700-square foot addition to the building through a Conditional Use Permit and Zoning Variance application process. It wasn’t identified at that time the need for a
signage zoning variance.
The variance request is due to the property owner recognizing the need to properly identify the tenants
within the building. Additionally, the amount of the signage square footage request is partly due to a corrected calculation of the existing Town & Country Foods signage square footage and the realization
that the signage is larger than previously calculated.
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With the improvements made to the property, the condition of approval to update the comprehensive
signage plan, and additional opportunities to review individual sign permits for the property, Planning
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.
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 chapter; 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 apply to the variance request 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 is a unique factor to this
site and building that do allow some distinction if the variance is approved. These include:
Building mass and size: The building was built in 1979, which was prior to the current 5,000 building
footprint size restriction of the B-1 zoning. Hence, the building far exceeds the 5,000 building footprint
maximum at approximately 26,000 square feet (approximately 700 square feet just added in 2012). The
existing building footprint resembles the size of five 5,000-square foot building footprints. If the existing building was actually multiple buildings, the zoning code would allow 80 square feet of signage
per building. That would equal 400 square feet of total allowable maximum signage. Staff believes that
is way too much signage for the existing building. Rather, Staff finds the existing building’s mass and
overall large size as the unique factor justifying the variance. The linear frontage of the building is 211
feet. If the 80-square foot cap was removed from the property, which exists due to the assumption that buildings within the B-1 zoning district are significantly smaller in footprint, the maximum wall signage
would be calculated as the following:
(First 25 feet x 1.5 = 37.5 square feet) + (the remaining 186 feet x 1.0 = 186 square feet) = 223.5 total
square feet of signage
The variance request of 205 square feet of signage is less than the maximum allowed in B-1, assuming
there was no cap at 80 square feet. Through a revised comprehensive signage plan, the tenants within
the existing building may have the ability to have tenant wall signage that is better scaled for the size of
the building that they are located within. A building of this size can accommodate significant signage without the signage dominating the site or appearing out of scale, or disturbing the surround
neighborhood commercial character.
Staff finds that this variance is necessary owning to conditions unique to the property to avoid and
unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of the title.
3. 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
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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.”
Staff finds that this variance will observe the spirit of the Bozeman Municipal Code and the adopted
Bozeman Community Plan (growth policy).
Public Comment
As of the writing of this staff report, the Planning Department 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.
Conclusion/Recommendation
Staff has reviewed the Town & Country Foods Campus Square Signage Zoning Variance and
recommends to the City Commission approval of said application with the conditions and code provisions outlined in this report on page 2. 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.
Attachments:
Applicant’s Submittal Materials
Report Sent to:
Town & Country Foods, 1611 South 11th Avenue, Bozeman, MT 59715
Bridger Brewing Company, c/o David Breck, 1609 South 11th Avenue, Bozeman, MT 59715
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January 24, 2013
Bozeman City Planning Department
Attn: Allyson Bristor
20 E Olive St
P.O. Box 1230
Bozeman, MT 59771
Re: Town & Country Building Signage Variance Request
Dear Allyson,
The purpose of this letter is to provide a clear narrative addressing the need for a zoning variance for signage at
the Town and Country building located at 1611 South 11th Ave.
SEC/ 38.35.060. – ZONING VARIANCE
We propose that a total of 205 square feet of signage area be allocated for this site located in the B1 zoning
district. We believe the proposed variance will not be contrary to and will serve the public interest by
providing a tastefully designed and appropriately sized sign (Exhibit B) for the business and building that will
allow passersby to easily view our establishment and the services we provide.
Currently this building of over 26,000 square feet has only 80 square feet of allocated signage because this is
the maximum allowable signage per building in B1. However, at 26,000 square feet the building far exceeds
the traditional maximum building square footage of 5,000 square feet for this zoning district. In B-2 and B-3
for example, the signage for this building would be 302 square and 250 square feet, respectively. We propose
that the signage for this building be calculated without the 80 square foot cap because of the unique
circumstances of this building. With a 211 foot frontage the total allowable signage without a cap would be
calculated as follows:
(1.5’ * 25’) + 1.0’(211’ – 25’) = 223.5 square feet
Because of this we believe this variance request to appropriately advertise this buildings services is necessary,
owing to the conditions unique to the property, to avoid an unnecessary hardship which would unavoidably
result from the enforcement of the literal meaning of this chapter. We are requesting 205 square feet to be used
for the two (2) existing Town & Country signs (139 SF total), the future wall sign for My Bull Frog (15 SF)
and a wall sign for Bridger Brewing (51 SF, Drawing Attached). We feel that this is a more appropriate level
of signage that corresponds with the buildings size and properly advertises the buildings services to the public,
while still maintaining the spirit of this chapter, including the adopted growth policy. Furthermore the
proposed variance will do substantial justice by providing an unobtrusive solution that fits the intent of
the B-1 neighborhood business district to provide for smaller scale retail and service activities frequently
required by neighborhood residents, such as ours with adequate signage.
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BBC has sufficient financial backing, signed the lease for the premises on May 22, 2012 and is planning to
open for business no later than February 28, 2013. Since this work is imperative to the company being able to
adequately display its business name to passersby, BBC has every intention of getting this work completed in a
timely manner.
If there is any further information or clarifications that are necessary to proceed with this application, please
don’t hesitate to contact us. Thank you for your consideration.
Respectfully Submitted,
David Breck
Spanish Peaks Engineering & Consulting, LLC
Enclosures: (As Noted)
Cc: File – 08012
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
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Page 3
(Zoning Variance and Appeal Checklist – Prepared 11/26/03; revised 9/22/04)
ZONING VARIANCE AND ADMINISTRATIVE APPEAL CHECKLIST
The appropriate checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not
applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Zoning Variances. An application for a variance shall be accompanied by a development plan showing such
information as the Planning Director may reasonably require for purposes of this title. The plans shall contain
sufficient information for the Commission to make a proper decision on the matter. The request shall state
the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance.
In all cases, the application shall include, and shall not be deemed filed until, all of the following is submitted
Zoning Variance Information Yes No N/A
1. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable
2. Location of all existing and proposed buildings
3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable
4. A clear description of the variance requested and the reasons for the request
5. Justification, in writing of the following:
a. Will not be contrary to and will serve the public interest
b. 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
c. Will observe the spirit of this title, including the adopted growth policy, and do
substantial justice
6. Evidence satisfactory to the City Commission of the ability and intention of the
applicant to proceed with actual construction work in accordance with said plans
within six months after issuance of permit
B. Administrative Project Decision Appeals. All appeals of Administrative Project Decisions shall include:
Administrative Project Decision Appeal Information Yes No N/A
1. A description of the project that is the subject of the appeal
2. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80
(Definitions), BMC
3. The specific grounds and allegations for the appeal, and evidence necessary to support
and justify a decision other than as determined by the Planning Director
C. Administrative Interpretation Appeals. All appeals of administrative interpretations shall include:
Administrative Interpretation Appeal Information Yes No N/A
1. A description of the property, if any, that is the subject of the interpretation appeal including:
a. A site plan drawn to scale showing the property dimensions, grading,
landscaping and location of utilities, as applicable
b. Location of all existing and proposed buildings
c. Drive accesses, driveways, access roads, parking spaces, off-street loading areas
and sidewalks as applicable
2. The names and addresses of the owners of the property and any other persons having a
legal interest therein
3. Evidence to prove that the decision or action of the official for which an appeal is
made was incorrect or in violation of the terms of this title
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310
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312
313
314
315
316
317
318
319
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EXHIBIT A
Site Plan Drawings
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322
323
EXHIBIT B
Bridger Brewing Wall Sign Drawings
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