|
Regular
|
| Board of Adjustment | |
| Date: | 05/07/2025 |
| Title: | City Variance 1379 - 403 Main Street - Target - 2nd wall sign |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval and adoption of the findings of the review criteria for Variance 1379.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-1407.C – Table of Allowed Attached Signs – allowing only one wall sign on a single-tenant structure to allow a second wall sign in a Corridor Mixed Use 2 (CMU2) zone, on Lot 2, Block 1 of Heights Town Center Sub, a 12-acre parcel of land. The purpose of the variance is to allow the replacement of the existing wall sign with a new Target wall sign and a second sign to inform customers of the new pickup and load out area in the parking lot. Additional attached signs are allowed such as projecting signs, awning or canopy signs and window signs up to 25% of the window area. The applicant and agent were advised of the compliant regulatory options including the placement of this sign on a canopy structure, installation of an awning to hold this sign, or configure the sign into a projecting sign (limited to 48 square feet). Target has chosen to pursue the variance to allow a second wall sign.
The same application was submitted and conditionally approved by the Board of Adjustment at the end of 2022 (Variance 1351). The time to start and complete the project lapsed and this triggers a new application for the variance.
The Target store was constructed in 2000 under the prior zoning of Highway Commercial and site development codes. The previous code allowed any amount of setback from the front property line and any amount of parking in any location on the property. The current zoning of CMU2 requires new buildings to be within a short distance from the street frontage (10 to 20 feet) with parking to the side or rear of the structure. The street facade of the Target structure is over 600 feet from the closest vehicle travel lane of Main Street. The Target store has over 125,000 square feet enclosed store space and existing parking is well over the minimum number of parking spaces required by the new off-street parking code. The new sign code allows only one wall sign per tenant per street frontage but does allow other types of attached signs to accommodate additional information for businesses. For example, an awning sign is allowed for each awning and a canopy sign is allowed for each canopy. A wall sign that projects more than 24 inches from the plane of the wall is considered a projecting sign as well as the standard type of projecting sign that is hung perpendicular to the plane of the wall.
The proposed new wall signs for the Target location are within the maximum area for all wall signs (250 sf total wall sign area per building street facade). The second wall sign is intended to notify customers of the proximate location of the assigned parking spaces for pickup/drive-up orders. This is a new customer feature for most retailers since the start of the pandemic. This retail feature allows customers to shop online and pick up their order without entering the store itself. It has become a standard offering in Billings and other markets. The second wall sign for the pickup/drive up is 77.1 square feet. The replacement sign for the existing main Target sign will be 150.5 square feet - about 20 square feet less than the existing sign.
The Board has issued few sign variances since 1972 under the various iterations of the sign code. The Board did approve this variance with conditions in 2022. The time to start and finish the project has lapsed so a new variance review is required. The most common sign variance is to allow a larger sign area. Sign area is limited based on the sign type and the zone district. Other than the previous variance for this location, the most recent variance was for the Coca-Cola bottling plant (Var 1341 - March 2022) on S Frontage Road near the Zoo Drive interchange with I-90. This variance allowed a wall sign of 456 square feet that is normally limited to 250 square feet. Other sign variances include sign height, number of signs allowed and similar numerical limitations on signs. Most sign variance requests have been approved due to specific building or location challenges such as the bulk of the building, the location of the building related to the street frontage and other similar geographic and architectural challenges. Not all variances have been approved, particularly where an alternative type of sign can provide the same result as a variance from the code limitations.
This location has a geographic challenge compared to buildings located closer to the street frontage. A canopy or awning sign will appear to be the same as a wall sign from the perspective of the Main Street traffic, although both of these sign types are allowed and can accomplish the intended result. Main Street traffic at this location is complex and drivers will not have much time to make safe decisions based on signage on the building itself. The function of this sign will be most effective for drivers who have already entered the Target parking lot and can help them choose where to go based on their shopping choices. Traffic volume on Main Street is 42,000 vehicle trips per day. In comparison, the section of Lake Elmo Dr south of Target only handles about 2,500 vehicle trips per day.
APPLICATION DATA
OWNER: Target Corporation, Matthew Flansburg
AGENT: Kimley Horn, Meghan Chachra
PURPOSE: To allow the placement of a second wall sign of 77.1 square feet for an existing Target store
LEGAL DESCRIPTION: Lot 2, Block 1, Heights Town Center Subdivision
ADDRESS: 403 Main St
SIZE OF PARCEL: 12 acres
ZONING: Corridor Mixed Use 2 (CMU2)
EXISTING LAND USE: Target store
PROPOSED LAND USE: same
SURROUNDING ZONING & LAND USE
Land Use: Office Depot, Party America and parkland along the Yellowstone River
EAST: Zoning: Large Lot Suburban Neighborhood Residential (N4 - County), Mid-century neighborhood residential (N2), & Mixed Residential 2 (NX2)
Land Use: Residential
WEST: Zoning: CMU1/ & CMU2
Land Use: McDonald's, MacKenzie River Pizza, Starbucks
Planning staff is recommending conditional approval based on the very limited BOA history of granting similar variances for similarly situated buildings and property, and because property within the immediate vicinity enjoys the same type and size of signage without a variance. Several conditions are recommended to ensure the new signage has less of an impact on the surrounding property. Planning staff finds the same circumstances that applied to the previous variance (1351) still apply to this location.
The same application was submitted and conditionally approved by the Board of Adjustment at the end of 2022 (Variance 1351). The time to start and complete the project lapsed and this triggers a new application for the variance.
The Target store was constructed in 2000 under the prior zoning of Highway Commercial and site development codes. The previous code allowed any amount of setback from the front property line and any amount of parking in any location on the property. The current zoning of CMU2 requires new buildings to be within a short distance from the street frontage (10 to 20 feet) with parking to the side or rear of the structure. The street facade of the Target structure is over 600 feet from the closest vehicle travel lane of Main Street. The Target store has over 125,000 square feet enclosed store space and existing parking is well over the minimum number of parking spaces required by the new off-street parking code. The new sign code allows only one wall sign per tenant per street frontage but does allow other types of attached signs to accommodate additional information for businesses. For example, an awning sign is allowed for each awning and a canopy sign is allowed for each canopy. A wall sign that projects more than 24 inches from the plane of the wall is considered a projecting sign as well as the standard type of projecting sign that is hung perpendicular to the plane of the wall.
The proposed new wall signs for the Target location are within the maximum area for all wall signs (250 sf total wall sign area per building street facade). The second wall sign is intended to notify customers of the proximate location of the assigned parking spaces for pickup/drive-up orders. This is a new customer feature for most retailers since the start of the pandemic. This retail feature allows customers to shop online and pick up their order without entering the store itself. It has become a standard offering in Billings and other markets. The second wall sign for the pickup/drive up is 77.1 square feet. The replacement sign for the existing main Target sign will be 150.5 square feet - about 20 square feet less than the existing sign.
The Board has issued few sign variances since 1972 under the various iterations of the sign code. The Board did approve this variance with conditions in 2022. The time to start and finish the project has lapsed so a new variance review is required. The most common sign variance is to allow a larger sign area. Sign area is limited based on the sign type and the zone district. Other than the previous variance for this location, the most recent variance was for the Coca-Cola bottling plant (Var 1341 - March 2022) on S Frontage Road near the Zoo Drive interchange with I-90. This variance allowed a wall sign of 456 square feet that is normally limited to 250 square feet. Other sign variances include sign height, number of signs allowed and similar numerical limitations on signs. Most sign variance requests have been approved due to specific building or location challenges such as the bulk of the building, the location of the building related to the street frontage and other similar geographic and architectural challenges. Not all variances have been approved, particularly where an alternative type of sign can provide the same result as a variance from the code limitations.
This location has a geographic challenge compared to buildings located closer to the street frontage. A canopy or awning sign will appear to be the same as a wall sign from the perspective of the Main Street traffic, although both of these sign types are allowed and can accomplish the intended result. Main Street traffic at this location is complex and drivers will not have much time to make safe decisions based on signage on the building itself. The function of this sign will be most effective for drivers who have already entered the Target parking lot and can help them choose where to go based on their shopping choices. Traffic volume on Main Street is 42,000 vehicle trips per day. In comparison, the section of Lake Elmo Dr south of Target only handles about 2,500 vehicle trips per day.
APPLICATION DATA
OWNER: Target Corporation, Matthew Flansburg
AGENT: Kimley Horn, Meghan Chachra
PURPOSE: To allow the placement of a second wall sign of 77.1 square feet for an existing Target store
LEGAL DESCRIPTION: Lot 2, Block 1, Heights Town Center Subdivision
ADDRESS: 403 Main St
SIZE OF PARCEL: 12 acres
ZONING: Corridor Mixed Use 2 (CMU2)
EXISTING LAND USE: Target store
PROPOSED LAND USE: same
SURROUNDING ZONING & LAND USE
NORTH: Zoning: Mixed Residential 3 (NX3) & Corridor mixed-use (CMU1)
Land Use: Riverwalk Apartments, Dotty's Casino
SOUTH: Zoning: Corridor mixed-use and commercial centers (CMU2) & Public 1 (P1)Land Use: Office Depot, Party America and parkland along the Yellowstone River
EAST: Zoning: Large Lot Suburban Neighborhood Residential (N4 - County), Mid-century neighborhood residential (N2), & Mixed Residential 2 (NX2)
Land Use: Residential
WEST: Zoning: CMU1/ & CMU2
Land Use: McDonald's, MacKenzie River Pizza, Starbucks
Planning staff is recommending conditional approval based on the very limited BOA history of granting similar variances for similarly situated buildings and property, and because property within the immediate vicinity enjoys the same type and size of signage without a variance. Several conditions are recommended to ensure the new signage has less of an impact on the surrounding property. Planning staff finds the same circumstances that applied to the previous variance (1351) still apply to this location.
STAKEHOLDERS
The Planning staff publiched a legal ad, posted the property, mailed notification to owners within 150 feet and put the application information on its Current Zoning Application webpage. The Planning staff has not received any comments from surrounding owners prior to the preparation of this report.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve the requested variance as recommended by Planning staff and adopt the recommended findings of the review criteria; or
- Deny the requested variance and adopt different findings of the review criteria; or
- Allow delay of the application until the next scheduled meeting; or
- Allow the applicant to withdraw the variance.
FISCAL EFFECTS
Action on this variance will have no effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
There are special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property has an unusual shape and is not oriented in a way to address traffic on Main Street. The building is over 600 feet from the closest travel lane on Main Street. While this is not uncommon under the previous suburban development style, the new sign code was intended to work well with the new commercial zone district requirements that bring buildings to the street. Customers enter the property using the freestanding sign as a locator for the entry driveway on Main Street. Once on the property, drivers will note and be able to read the attached signs on the building. Because of the distances involved, it is not likely a viewer will notice the difference between a wall sign, a canopy sign, or an awning sign. There is no current architectural design on the building such as a canopy or awning for the applicant to use for additional attached signs. The applicant would have to add a canopy or awning structure.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least three sign area variances in the past decade, including one for this property identical to this request in 2022. Two variances for the number of allowed signs on a property were granted prior to 1999. Sign variances are rare and very specific to conditions and buildings. Of the 1350+ variances of record, only about 17 applications for sign variances have been processed. Similar property in the area has also been developed under the previous sign code that allowed any number of wall signs on any wall as long as the total attached sign allowance was not exceeded. Under the previous sign code, the attached sign budget was generous at 3 sf for each linear foot of street facing building facade. In the case of Target, this would have amounted to over 1,100 square feet of wall sign area allowed on any facade of the building. The sign code was amended to address this context insensitive approach and to define and allow other types of attached signs - not just wall signs as a generic term for all types of attached signage. Denying this one additional wall sign could be depriving this owner of rights commonly enjoyed by other property in the same area and district.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the code limitation on the number or types of signs for other land in the same or similar district. Developments in the area also have numerous wall signs, although some have installed awning signs and canopy signs in addition to wall signs. This will be the first sign variance of this type under the new code requirements limiting the number of wall signs.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance will meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The Growth Policy guidelines state that local economic prosperity should be supported and sustained. Allowing this one additional wall sign enables Target to continue adapting to the changing retail marketplace.
Staff is recommending 7 conditions for the variance request:
1. The variance is for one additional wall sign (attached sign type). No other variance is intended or implied by this approval.
2. The variance applies to Lot 2, Block 1, Heights Town Center Subdivision, generally located at 403 Main Street.
3. The proposed location of the additional wall sign will be in substantial conformance with the submitted site plan. Minor adjustments to the site plan are allowed.Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.There are special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property has an unusual shape and is not oriented in a way to address traffic on Main Street. The building is over 600 feet from the closest travel lane on Main Street. While this is not uncommon under the previous suburban development style, the new sign code was intended to work well with the new commercial zone district requirements that bring buildings to the street. Customers enter the property using the freestanding sign as a locator for the entry driveway on Main Street. Once on the property, drivers will note and be able to read the attached signs on the building. Because of the distances involved, it is not likely a viewer will notice the difference between a wall sign, a canopy sign, or an awning sign. There is no current architectural design on the building such as a canopy or awning for the applicant to use for additional attached signs. The applicant would have to add a canopy or awning structure.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least three sign area variances in the past decade, including one for this property identical to this request in 2022. Two variances for the number of allowed signs on a property were granted prior to 1999. Sign variances are rare and very specific to conditions and buildings. Of the 1350+ variances of record, only about 17 applications for sign variances have been processed. Similar property in the area has also been developed under the previous sign code that allowed any number of wall signs on any wall as long as the total attached sign allowance was not exceeded. Under the previous sign code, the attached sign budget was generous at 3 sf for each linear foot of street facing building facade. In the case of Target, this would have amounted to over 1,100 square feet of wall sign area allowed on any facade of the building. The sign code was amended to address this context insensitive approach and to define and allow other types of attached signs - not just wall signs as a generic term for all types of attached signage. Denying this one additional wall sign could be depriving this owner of rights commonly enjoyed by other property in the same area and district.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the code limitation on the number or types of signs for other land in the same or similar district. Developments in the area also have numerous wall signs, although some have installed awning signs and canopy signs in addition to wall signs. This will be the first sign variance of this type under the new code requirements limiting the number of wall signs.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance will meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The Growth Policy guidelines state that local economic prosperity should be supported and sustained. Allowing this one additional wall sign enables Target to continue adapting to the changing retail marketplace.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;Staff is recommending 7 conditions for the variance request:
1. The variance is for one additional wall sign (attached sign type). No other variance is intended or implied by this approval.
2. The variance applies to Lot 2, Block 1, Heights Town Center Subdivision, generally located at 403 Main Street.
4. The applicant will apply for a sign permit for the additional wall sign within 6 months of the Board of Adjustment approval.
5. The additional wall sign will be installed within 1 year of Board of Adjustment approval.
6. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
7. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending the applicant/agent have 6 months to submit a sign permit application and 1 year to complete installation. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Retail establishments are allowed in the CMU2 zone.
Attachments
- Zoning Map and Site Photos Var 1379
- Chart of Zoning History Var 1379
- Applicant Letter Var 1379
- Site Plan and Elevations Var 1379