HomeMy WebLinkAboutA1. Streamline Sign1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: 15524 Appeal of the Administrative Project Decision for the Streamline
Sign Permit, Application 1522995.
MEETING DATE: January 25, 2016 AGENDA ITEM TYPE: Action
CITY COMMISSION DECISION: The City Commission’s decision is to uphold, amend, or
overturn the administrative project decision for Sign Application 1522995. The decision may be overturned or amended upon the finding that such final administrative decision was erroneous.
Executive Summary:
This appeal application concerns the Administrative Project Decision to deny approval for Sign
Application 1522995, an application for a wall and blade sign at 26 East Mendenhall Street,
Suite 4B.
The appellant materials base the appeal on a single category. The appellant argues that the
signage proposed is a public directional utility sign and not a nonresidential (commercial) sign.
Table of Contents:
Executive Summary: ....................................................................................................................... 1
Table of Contents: ........................................................................................................................... 1
BACKGROUND: ........................................................................................................................... 2
Original Sign Application: .......................................................................................................... 2
Staff evaluation of the application and Director’s denial of the sign application: .................. 2
Appeal of the Administrative Decision: ......................................................................................... 2
Appeal Public Notice ............................................................................................................... 3
Appeal Public Comment ..................................................................................................... 3
Evaluation of the Appeal: ........................................................................................................ 3
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Appeal from an Aggrieved Person: ......................................................................................... 3
Basis of the Appeal: ................................................................................................................. 3
BACKGROUND:
Original Sign Application:
Property owner City of Bozeman, applicants the Human Resources Defense Council (HRDC)/Streamline Transit, and representative Mid State Signs submitted an application for a sign permit on October 16, 2015. The application proposed two signs at 26 East Mendenhall
Street, Suite 4B, which is a tenant space within the City’s Downtown Parking Garage and
Multimodal Facility. Two signs were proposed to be installed at this address: 1) a wall sign of 14
square feet and 2) a projecting sign of 5 square feet.
Staff evaluation of the application and Director’s denial of the sign application:
Staff reviewed the sign application recommended denial of the application because:
1. The City’s Downtown Parking Garage and Multimodal Facility includes multi-tenant
commercial spaces;
2. The Bozeman Municipal Code (BMC), Section 38.28.080 requires a Comprehensive
Signage Plan for all multitenant buildings;
3. A comprehensive sign plan was approved for the Downtown Parking Garage and
Multimodal Facility in 2009 in application Z-12250;
4. The approved comprehensive signage plan Z-12250 did not allocate any signage to 26 East Mendenhall Street, Suite 4B;
5. The comprehensive signage plan Z-12250 allocated all allowable signage (250 square
feet) for the building to the other multitenant spaces in the Downtown Parking Garage
and Multimodal Facility,
6. The wall and blade signage proposed is not exempt from sign permit requirements, is
considered non residential (commercial) signage and must meet the criteria set forth in
Section 38.28.060 BMC related to allowed signage area.
The Director of Community Development concurred with Staff’s recommendation. Denial of the
sign permit was issued on October 27, 2015 and the applicant was notified the same day.
Appeal of the Administrative Decision:
On November 2, 2015 an appeal of the Directors decision was received by the City Clerk. The
appeal was made per Sec. 38.35.030 BMC, “Administrative project decision appeals.” The
Department of Community Development received the appeal on November 3, 2015. Staff
reviewed the appeal application and found on November 6, 2015 that the appeal application did
not meet submittal requirements. The appellant was notified on November 6, 2015 that the application was incomplete per Sections 38.35.030 and 38.41.140 BMC and was unacceptable for processing. The application did not include the specific grounds and allegations for the
appeal nor did it provide the necessary evidence necessary to support and justify a decision other
than as determined by the administrative review authority (Director of Community
Development). On November 9, 2015 the appellant submitted additional information as required by the BMC. Staff reviewed the additional information and notified the applicant on November 23, 2015 that the appeal met the submittal requirements and provided the necessary evidence
required for processing. The appellant was notified on November 23, 2015 that the appeal was
complete and that a hearing before the City Commission on January 11, 2016 was scheduled.
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Appeal Public Notice
Notice of the appeal hearing was completed in conformance with Article 38.40 BMC,
“Noticing.” Notice was posted on site, mailed to property owners within 200 feet, published in
the newspaper, posted on the City of Bozeman’s website.
Appeal Public Comment
No items of Public Comment were received by the Department of Community Development at the time of this Staff Report. Any Public Comment received by the Department will be forwarded to the City Clerk’s office for Commission consideration.
Evaluation of the Appeal:
Per Sec. 38.35.030.A.1 BMC, “Administrative Project Decision Appeals,”
“An aggrieved person may appeal the final decision of the administrative review authority in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an
application shall be an appeal on the basis of the information available to the
administrative review authority including this chapter [38, BMC], all submitted
application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a
decision subject to appeal of an administrative decision. This section shall also
apply to decisions by the administrative review authority regarding evasion of the
Subdivision and Platting Act per 38.05.070 BMC.”
Appeal from an Aggrieved Person:
For an appeal to be made the appellant, per Section 38.35.030.A.1 BMC, must show that they are
an aggrieved person. An aggrieved person is defined in Sec. 38.42.080 BMC as: “A person, as
defined in this article, who has a specific, personal and legal interest in the final decision of an
agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal.”
As indicated in the appeal application, the appellant the Human Resources Defense Council
controls and operates the tenant space addressed as 26 East Mendenhall Street, Suite 4B and
operates it as a transit stop for Streamline Bus System service and thus has a personal and legal interest in the final decision of the Director of Community Development.
Basis of the Appeal:
The appeal application alleges that the staff review and director decision were erroneous as the
applicant alleges that the proposed signs are directional public utility signs and not nonresidential
(commercial) signs subject to the criteria set forth in Section 38.28.060 BMC related to allowed
signage area.
Section 38.28.050.A.3.a BMC outlines the government and utility signs in all zones that are exempt from sign permit requirements. That section states that the following government and
utility signs do not requirement permits: Directional, warning, street, traffic control,
informational or temporary special event signs that are erected, installed or placed by or on
behalf of any federal, state, county or city government. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites, are included within this exemption. See the attached code section for original languge.
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The appeal presents the following findings to justify the proposed signage as directional public
utility in classification and that the original action was incorrect and that the sign application
should be approved:
1. The Streamline Bus System is the City of Bozeman’s public transportation system.
2. The Streamline Bus System’s Downtown Transfer Station is located in the tenant space addressed as 26 E. Mendenhall Street, Suite 4B which is owned by the City of Bozeman
and located in a City of Bozeman owned facility, the Downtown Parking Garage and
Multimodal Facility.
3. The lack of directional signage to the facility is causing a hardship for the system riders.
4. The Transfer Station currently has window signage that can only be clearly seen from the north and not the east/west alignment of Mendenhall Street.
5. Public services, such as the Streamline Bus System, require that their public utility signs
need to be clearly visibly and easily found by the City’s residents and visitors.
6. The City of Bozeman has shown partnership with the Streamline Bus System.
7. The City of Bozeman provides funding for the Streamline Bus System.
8. The Downtown Parking Garage and Multimodal Facility design includes a dedicated bus
lane within Mendenhall Street to allow buses to stop in front of the Downtown Transfer
Station.
9. The City of Bozeman citizens and visitors and the Streamline Bus System public transit system will benefit from the addition of directional public utility signage at the site.
UNRESOLVED ISSUES: The appeal asserts that the Director acted incorrectly in reviewing
and denying the sign application. The unresolved issue is whether the Director correctly applied
the applicable standards.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Uphold the original denial of sign application 1522995 as established by the Director’s October 27, 2015 decision;
2. Grant the appeal after making findings as to which of the criteria are met or not met, which
would overturn the Director’s original action and approve sign application 1522995 or
3. Find that the Director’s original action was incorrect in some element, make alternative findings, and approve sign application 1522995.
FISCAL EFFECTS: No budgeted expenditures will be affected by this application.
Report compiled on: December 31, 2015
Attachments: Appeal application and justification
Comprehensive Sign Plan Z-12250 for the Downtown Parking Garage and Multimodal Facility
Sign application 1522995and decision by Director
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12/31/2015 Bozeman, MT Code of Ordinances
https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38UNDECO_ART28SI_S38.28.050SIEXPERE 1/2
A.
1.
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b.
2.
a.
b.
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d.
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3.
a.
Sec. 38.28.050. - Signs exempt from permit requirements.
The following signs shall be exempt from the permitting requirement but must comply with the
criteria for signs allowed by this article, except section 38.28.060:
Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU [single-household, two to four household,
townhouse, and apartments]).
Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other
noncommercial speech signs that do not exceed nine square feet in total area and, if
freestanding, five feet in height. No more than one such sign per street frontage.
Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically at the residence, and the
sign shall be removed immediately when the working party leaves the property. Such sign
shall not exceed nine square feet in total area and, if freestanding shall not exceed five feet in
height. Not more than one such sign per street frontage per lot is allowed. Such signs shall
not be considered off-premises advertising so long as the identified business is actively
engaged on the site.
Commercial and manufacturing zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed-
use, nonresidential]).
Window signs, provided that such signs do not occupy more than 25 percent of the area of
the window in which it is displayed. If it exceeds 25 percent of the area of the window, it will
be classified as a wall sign. For the purposes of this section, a window is a transparent glass
opening in a wall separated from other glass openings by mullions or other dividers of four
inches or less in width.
Signs within a structure or building or other enclosed area of property when such signs are
not legible when viewed from outside the structure or property.
Temporary nonilluminated signs, e.g., real estate sale, for rent or lease, political campaign,
noncommercial speech signs shall not exceed 32 square feet in size, shall be no more than
five feet high and shall be at least five feet from the property line. Only one sign of each
subject per street frontage per lot is allowed.
A temporary, nonilluminated sign identifying the businesses working at a construction site
may be posted. The signs for multiple businesses shall be aggregated among all those
working on the site and in total shall not exceed 32 square feet in size, shall be no more than
five feet high and shall be at least five feet from the property line. All parties to the
development, including, but not limited to, banks, architects, contractors, developers, future
occupants of the lot, real estate agent, landscape company shall be on a single sign per street
frontage per lot. Such signs shall not be considered off-premises advertising so long as the
identified business is actively engaged on the site.
Not more than four on-premises directional signs not exceeding four square feet in area and
five feet in height which shall not contain any commercial messages.
All zones.
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12/31/2015 Bozeman, MT Code of Ordinances
https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38UNDECO_ART28SI_S38.28.050SIEXPERE 2/2
b.
c.
Government and public utility signs. Directional, warning, street, traffic control, informational or
temporary special event signs that are erected, installed or placed by or on behalf of any
federal, state, county or city government. Public utility signs showing locations of
underground facilities or public telephones, and safety signs on construction sites, are
included within this exemption.
Incidental signs. A sign, generally informational, that has a purpose secondary to the use of
the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other
similar directives. No sign with a commercial message, which is designed with the intent to be
legible from a position off the zone lot on which the sign is located, shall be considered
incidental.
Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated or
preserved to its original condition, design and size. A ghost sign may not be altered in any
way that changes its original design, wording, or size.
(Ord. No. 1645, § 18.52.050, 8-15-2005; Ord. No. 1693, § 18(18.52.050), 2-20-2007; Ord. No. 1761, exh.
J(18.52.050), 7-6-2009; Ord. No. 1769, exh. J(18.52.050), 12-28-2009; Ord. No. 1802, §§ 12, 13, 4-11-2011;
Ord. No. 1804, § 9, 7-11-2011; Ord. No. 1910, § 2, 5-4-2015)
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