DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT BOJNANGLES SIGN VARIANCES

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DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: February 15, 2018 Item #: _PZ2018-222_ STAFF REPORT BOJNANGLES SIGN VARIANCES Request: Multiple variances for signage for a drive-through

1 DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: February 15, 2018 Item #: _PZ _ STAFF REPORT BOJNANGLES SIGN VARIANCES Request: Multiple variances for signage for a drive-through establishment Project Name: Bojangles Restaurant Site Address: 3971 Buford Highway Parcel Number: Applicant: Chris Hack, Bojangles Restaurants Owner: Bib Capital, LLC Proposed Development: Bojangles Restaurant Current Zoning: Corridor Commercial (CC): This zoning district is intended primarily for nonresidential development and related accessory uses at a medium density where auto-dominated uses are not appropriate. This district provides a location for nonresidential uses in corridors of the city that serve the needs of the city's businesses and residents. Design encourages a pedestrian-friendly traditional urban form, oriented to pedestrian, which limits the conflicts between vehicles and pedestrians. Staff Recommendation: APPROVAL IN PART; DENIAL IN PART District Standards: CC Zoning District Development Standards (Storefront Street) FAR (max.) 2.5 Impervious Surface (max.) 80% Building Height (max.) 90 ft. Front Yard Setback (min.) None Building Height (min.) 24 ft. Landscape Zone (min.) 10 ft GDOT ROW 16 ft Side Yard (min.) None Sidewalk Zone (min.) 10 ft Rear Yard (min.) None Supplemental Zone (min.) 10 ft Open Space (min.) 15% Current Use: Surrounding Land Uses: The property is currently under construction of a future Bojangles drive-through restaurant North CC, Retail space Regular City Council Meeting: 02/20/ of 5

2 Site Description: West CC, Retail space South CC, Aldi Grocery Store East CC, Crossroads Village Planned Center The site consists of an approximately 30,812-square-foot lot located northeast of the intersection of Clairmont Road and Buford Highway. The lot is an outparcel from the approximately 6.46-acre Crossroads Village Planned Center. Bojangles will be the sole tenant in the single building on the subject lot that was previously occupied by Maaco Collision Repair and Auto Store which was demolished in early The development was approved after receiving multiple variances in March The property was incorporated in the 2013 annexation. Description of Proposed Project: The applicant proposes to install a freestanding sign as well as menu board signage on the lot for the drive-through development. Section (f)(2)(b)(1) of the City of Chamblee s Unified Development Ordinance (UDO) restricts properties occupied by a single business to one ground sign per street frontage per parcel. The lot currently has the Crossroads Village monument sign located on their property, therefore not allowing Bojangles to install an independent sign in addition to the Planned Center monument sign. The proposed sign would be in compliance with all other UDO sign regulations. Bojangles variance request also includes an increase in aggregate menu-board signage from the allowable 24 square feet to 54 square feet. This variance is from Section (e)(1) of the UDO. The number of proposed menu boards and the location on the site would be in compliance with the UDO. Applicant s Request: The applicant requests a VARIANCE from the following regulations of the UDO, to allow for an additional monument sign along Buford Highway. Section (f)(2)(b)(1), One ground sign is permitted per street frontage per parcel. The applicant requests a VARIANCE from the following regulations of the UDO, to allow for an increase in menu-board signage from 24 square feet to 54 square-feet. Section (e)(1), A sign associated with a drive-through window shall not exceed twentyfour square feet in aggregate area. Staff Analysis: The UDO, in Section (b)(1), provides that no variance shall be granted to allow a building, structure or use not authorized in the applicable zoning district or a lesser lot size or greater density of development that is authorized in the applicable zoning district of such development. Regular City Council Meeting: 02/20/ of 5

3 The applicant is not proposing to alter the current use, associated structures, and lot dimensions as part of this variance request. The UDO, in Section (b)(2), provides the following factors for granting a variance from UDO requirements. The analysis of these factors is included below: a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; The lot is approximately 30,812 square feet with one frontage along Buford Highway. There are no extraordinary and exceptional size, shape or topographical conditions pertaining to this lot that restricts the signage that is allowed on the site. However, there is an existing monument sign for the larger planned center on the subject outparcel that impacts allowable signage. b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; Because of the pre-existing monument sign on the subject lot, the application of the zoning ordinance would create an unnecessary hardship by not allowing a standalone building to install a monument sign on their site. In regards to the menu-board sign, the application of this zoning ordinance would not create an unnecessary hardship if the menu-board sign area is not able to be increased, as there are no existing conditions or exceptional circumstances on the lot that have an impact on menu board signage. c. Such conditions are peculiar to the particular piece of property involved; The pre-existing Crossroads Village monument sign that is located on the property is peculiar to this piece of land. Because of how the lot lines are configured, the existing monument sign is located right inside of the property lines on the southwest portion of the lot. There are no conditions related to the proposed menu board signage that are peculiar to this piece of property, which is similar to other outparcels in the CC district and throughout the City. d. Such conditions are not the result of any actions of the property owner; and The existing conditions of the lot are not the result of the property owner. The existing monument signage on the lot was constructed prior to the lot s annexation into the City and was not constructed by the current tenant. There are no exceptional conditions on the lot related to the proposed menu board signage. Regular City Council Meeting: 02/20/ of 5

4 e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Grant of the requested variance to allow for a second monument sign and for an increase in menuboard sign area would not cause a substantial detriment to the public good nor impair the purpose and intent of the zoning ordinance. A second monument sign will be similar to existing outparcel monument signs that are independent from the overall planned center monument sign that you can see throughout the City. Increasing the allowable menu-board signage would not cause substantial detriment to the public good nor impair the purpose and intent of this zoning ordinance because the sign will not be visible from the right-of-way. Staff Recommendation: In order to recommend approval, Staff must find that the application meets all of the criteria for granting a variance. Staff recommends APPROVAL for a variance from Section (f)(2)(b)(1) to allow a second freestanding sign on a lot in application PZ with the following conditions: 1. Location and size of monument sign shall be in substantial compliance with the Location Map dated 12/07/2017 and the Sign Plans revised dated 1/03/2018 (Exhibit A and Exhibit B). Based on the analysis of this application, using the standards and criteria found in Chapter 280 and Chapter 300 of the UDO, Staff recommends DENIAL of the requested variance from Section (e)(1) to allow an increase in aggregate menu-board sign size in application PZ since there does not appear to be a hardship. Should Council motion to approve this variance, Staff recommends that it be conditioned to substantial compliance with the following exhibits and conditions: 1. Location and size of the menu-board signage shall be in substantial compliance with the plans titled Bojangles (Menu) and print dated Tuesday, January 9, 2018 as well as the Site Development Plans dated 8/24/2017 (Exhibit C and Exhibit D). 2. Menu-board sign may not be visible from the public right-of-way. 3. Menu-board sign may not exceed 55 square feet in size. Regular City Council Meeting: 02/20/ of 5

5 Attachments: Attachment 1 Exhibit A: Location Map dated 12/07/2017 Attachment 2 Exhibit B: Sign Plans revised dated 1/03/2018 Attachment 3 Exhibit C: Bojangles (Menu) plans print dated Tuesday, January 9, 2018 Attachment 4 Exhibit D: Site Development Plans dated 8/24/2017 Attachment 5 Application Attachment 6 Location Maps Regular City Council Meeting: 02/20/ of 5

DEVELOPMENT DEPARTMENT STAFF REPORT

DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: January 11, 2018 Item #: PZ2017-151 STAFF REPORT VARIANCES RESTAURANT WITH DRIVE-THROUGH Request: Multiple Variances for a new restaurant with drive-through