Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA MAY 20, 2015 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: April 15, 2015 C. Old Business: (None) D. New Business: 1. V2015-002 Peachtree Market Request Variance to Zoning Code Article V, Signs, Section 86-114, for property located at 6135 Peachtree Parkway, Peachtree Corners, Ga., 6th Dist., LL283, Parcel 143 in order to exceed size limitations for a monument sign. 2. V2015-003 Earth Fare Request Variance to Zoning Code Article V, Signs, Section 86-114, for property located at 5270 Peachtree Parkway, Peachtree Corners, Ga., 6th Dist., LL301, Parcel 056 in order to exceed size limitations for wall signs and monument signs. E. City Business Items: (None) F. Comments by Board Members. G. Adjournment.  DRAFT CITY OF PEACHTREE CORNERS ZONING BOARD OF APPEALS April 15, 2015 The City of Peachtree Corners held a Zoning Board of Appeals meeting. The meeting was held at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Zoning Board of Appeals: Wayne Knox, Post B Marcia Brandes, Post A Amreeta Regmi, Post C Eric Christ, Post D James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Kym Chereck, City Clerk MINUTES: Approval of March 18, 2015 Minutes. MOTION TO APPROVE THE MARCH 18, 2015 MINUTES. By: Eric Christ Seconded: Marcia Brandes Vote: (5-0) (Christ, Brandes, Knox, Blum, Regmi) OLD BUSINESS: 1. V2015-001 4324 Ridgegate Variance to Zoning Code Section 1401, Minimum Yard Requirements, for property located at 4324 Ridgegate Drive, Peachtree Corners, GA., 6th District, LL329, Parcel R63290 028 for a front setback reduction in order to allow a 55 foot front setback instead of the required 75 foot. (Tabled from 3/18/15) MOTION TO REMOVE V2015-001 4324 RIDGEGATE FROM THE TABLE. By: Eric Christ Seconded: Marcia Brandes Vote: (5-0) (Christ, Brandes, Knox, Blum, Regmi) Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request and, explained that this item was tabled at the last meeting with guidance from the Board for the applicant to meet with the Homeowners Association and show them the proposed site plan and elevations. Mrs. Wheeler stated that the applicant had met with the Homeowners Association and they have come to an agreement and feel that the Page | 1  DRAFT plans are acceptable to them, and, have withdrawn their opposition. The Homeowners Association agreed that there was a hardship with the situation since the setbacks that exist do not allow the type of home they would like to see in their subdivision. The plans submitted with today’s date (04/15/2015) are acceptable to the Homeowners Association. After reviewing the applicant’s proposal and the variance criteria, Staff finds that the added MRPA regulations create a hardship when added to the existing setback requirements for the Riverview Estates Subdivision. Therefore, a front setback variance can be justified. The applicant for the request, Mr. Greg Dean of Boundary Zone, and the property owner, Mr. Tony Rogers, both stated that the site plan and elevations presented today were approved by the Homeowners Association. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. Mr. Lee Tucker stated that he was in favor of the application. Mr. Sid Johnson of 4328 Riverview Drive, who is also the President of the Homeowners Association, stated that he is in agreement with the variance request with a condition that the applicant builds what has been proposed today (plans dated 04/15/15). BASED ON A THOROUGH REVIEW OF THE ENTIRE RECORD AND THE HEARING BEFORE THIS BODY, I MOVE THAT THE ZONING BOARD OF APPEALS MAKE THE FOLLOWING FINDINGS AND CONCLUSIONS AND APPROVE THE APPLICATION BEFORE IT; THERE ARE EXCEPTIONAL CONDITIONS PERTAINING TO THE PARTICULAR PROPERTY, AND THE CONDITIONS OF THE ZONING RESOLUTION INVOLVING THIS PROPERTY CREATE AN UNNECESSARY HARDSHIP TO THE OWNER; AND THE CONDITIONS OF THE ZONING RESOLUTION AS APPLIED TO THIS PROPERTY ARE NOT THE RESULT OF ANY ACTIONS FROM THE PROPERTY OWNER; A LITERAL ENFORCEMENT OF THE ZONING RESOLUTION COULD RESULT IN AN UNNECESSARY HARDSHIP TO THE APPLICANT AND PREVENT THE CONSTRUCTION OF A HOME APPROPRIATE TO THE NEIGHBORHOOD, AS REPRESENTED ON HANDOUTS DATED 04/15/2015, 1, 2, 3 AND 4, AS PRESENTED TO THE ZONING BOARD. By: Eric Christ Seconded: Amreeta Regmi Vote: (5-0) (Christ, Regmi, Knox, Blum, Brandes) NEW BUSINESS: 1. PH2015-002 LEAP Industries Appeal of administrative decision and request for code interpretation pursuant to Zoning Code Sec. 1605.1 in order to determine the zoning classification for an asphalt recycling facility. Page | 2  DRAFT Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. LEAP Industries would like to locate their asphalt recycling business to a building located in the M-1 zoning district. LEAP has identified a piece of property near Peachtree Industrial Boulevard and Jones Mill Road that meets all of their needs and they would like to move their business into the existing building on this site. LEAP’s business involves taking used asphalt that is no longer needed and processing the material into new, useable asphalt. The M-1 zoning district allows ‘Manufacturing or Assembly Plant’. The M-1 zoning district also identifies a ‘Recovered Materials Processing Facility as a permitted use and limits it as follows: Recovered Materials Processing Facility, Wood Chipping and Shredding, Yard Trimmings composting Facility - Recovered materials processing activities shall be limited to collection, sorting, compaction, and shipping. Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings or similar vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals or similar materials. Although LEAP Industries performs the functions of an asphalt plant, their processes and emissions are similar to a manufacturing facility; therefore, the LEAP Industry business warrants consideration of being placed within the M-1 zoning district as a ‘Manufacturing Plant.’ Mr. Mark Elliott, CEO of LEAP Industries gave a brief description of what the company does, and explained that they would like to located their company within the M-1 zoning district. A motion was made after discussion concerning, among other items, Department of Natural Resources permitting. BASED ON A THOROUGH REVIEW OF THE ENTIRE RECORD AND THE HEARING BEFORE THIS BODY, I MOVE THAT THE ZONING BOARD OF APPEALS MAKE THE FOLLOWING FINDINGS AND CONCLUSIONS AND APPROVE THE APPEAL OF THE ADMINISTRATIVE DECISION, AND DETERMINE THAT AN ASPHALT RECYCLING FACILITY IS APPROPRIATE FOR M-1 ZONING; AND THAT THIS APPEAL AS GRANTED WILL NOT CAUSE SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD; GRANTING THIS APPEAL WILL NOT RESULT IN A DETRIMENT TO THE PUBLIC SAFETY OR WELFARE; AND THAT WE MAKE THIS FINDING CONTINGENT ON THE FOLLOWING CONDITIONS; THAT AN ASPHALT RECYCLING FACILITY IS APPROPRIATE FOR M-1 ZONING IF SUCH FACILITY CAN (1) PROVIDE DOCUMENTATION OF EMISSIONS FROM COMPARABLE FACILITY TYPES THAT ARE APPROPRIATE FOR M-1 SO THEY CAN DOCUMENT THAT THEIR EMISSIONS ARE COMPARABLE TO OTHER M-1 TYPE FACILITIES; (2) THAT IN SUCH, ASPHALT RECYCLING FACILITIES PROVIDE CONFIRMATION THAT GEORGIA DEPARTMENT OF NATURAL RESOURCES THAT FACILITIES DOES NOT REQUIRE AN Page | 3  DRAFT AIR QUALITY PERMIT BECAUSE THE EMISSION LEVELS WOULD BE SO LOW AS THEY FALL BELOW THE REQUIREMENTS AND THEY ARE THEREFORE EXEMPT ; (3) THAT IF AT ANY TIME THAT THE GEORGIA DEPARTMENT OF NATURAL RESOURCES FINDS THAT SUCH AN ASPHALT RECYCLING FACILITY REQUIRES AN AIR QUALITY PERMIT, SUCH FACILITY WILL CEASE OPERATIONS UNTIL SUCH TIME AN AIR QUALITY PERMIT WAS NOT REQUIRED; (4) SUCH AN ASPHALT RECYCLING FACILITY WOULD STORE ALL THEIR RAW AND FINISHED MATERIALS INDOORS. By: Eric Christ Seconded: Marcia Brandes Vote: (5-0) (Christ, Brandes, Knox, Blum, Regmi) CITY BUSINESS ITEMS: Follow-up on 3800 Meadow Green Ct. Diana Wheeler, Community Development Director, provided follow-up information, with photographs of the property compliant at 3800 Meadow Green Court. The Zoning Board of Appeals meeting concluded at 8:46 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Kym Chereck, City Clerk Page | 4  V2015-002 Peachtree Market  City of Peachtree Corners Zoning Board of Appeals May 20, 2015 CASE NUMBER: V2015-002 PROPERTY LOCATION: 6135 Peachtree Parkway 6th District, Land Lot 283, Parcel 143 CURRENT ZONING: C-2 PARCEL SIZE: 5.9 acres PROPERTY OWNER: Peachtree Corners Marketplace, LLC APPLICANT: Jamie Tyson, Signs of Northwest REQUEST The applicant requests variances in order to exceed height and setback requirements for a monument sign as follows: 1. Allow a 0 ft. front setback for a 24 ft. high monument sign. 2. Allow a 24 ft. monument sign height instead of the maximum 20 ft. height allowed. LOCATION AND BACKGROUND The property is located at the northwest corner of Peachtree Parkway and Holcomb Bridge Road and consists of an existing shopping center that the new owners purchased last December with the intent of renovating and filling in vacant tenant spaces. As part of the renovation, the new owners would like to replace the existing shopping center monument sign with one that is taller and closer to Peachtree Parkway. The existing sign is located 46 ft. from the front property line and approximately 50 additional feet from the closest travel lane along Peachtree Parkway (due to excess right-of-way). In addition to the distance, the existing sign is situated at a lower grade than the existing roadway. The 4 ½ ft. grade reduction compounded by the existing landscaping in the right-of-way obscure the visibility of the existing sign. The applicant would like to make the new monument sign as tall as possible and locate it as close to the roadway as it can be placed. Therefore, they have requested a 24 ft. high sign with a zero foot setback. The sign regulations allow a sign up to five feet in height when the sign is placed on the property line (zero foot setback). The sign regulations allow a sign of up to 20 ft. in height; however, those taller signs must be located 20 ft. from the property line. VARIANCE REQUIREMENTS Sec. 1605.3 identifies specific findings that must be made in order for a variance to be granted. These findings are as follows:  A. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography, and B. the application of the Resolution to this particular piece of property would create an unnecessary hardship, and C. such conditions are peculiar to the particular piece of property involved, and D. such conditions are not the result of any actions of the property owner, and E. relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution. ANALYSIS The Shopping Center property was developed at a significantly lower elevation than the surrounding roadway and all of the stores are located to the rear of the site. In addition, trees were planted in the right-of-way along Peachtree Parkway which have further obstructed the view into the site. When the center was first developed, a monument sign was placed well into the property and lower than the roadway grade. As the trees along Peachtree Parkway have grown, the center’s monument sign has become almost invisible. The applicant recently purchased the center and is planning to upgrade the facility and add new tenants to reduce the vacancy. Since the retail stores and restaurants in the center are located so far from the roadway, the monument sign is especially important for tenant identification. In addition, an easy-to-read monument sign will help drivers make an informed decision about accessing the center. This could reduce unnecessary vehicular movements along Peachtree Parkway and contribute to roadway safety. The existing sign at its current location is fairly ineffective. Replacing it with a new sign at the same location would not be a benefit to the planned improvements and would not help direct customers to the center. Placing a sign closer to the road in order to overcome the site’s topography and some of the existing visual obstructions would help both the store tenants and the public. CONCLUSION After reviewing the applicant’s proposal and the variance criteria, Staff finds that the added height for a monument sign and its closer location to the roadway can be justified. However, the additional 4 ft. of height requested (from 20 ft. to 24 ft.) over the maximum that the sign ordinance allows may establish an undesirable precedent.  L T}F CITY OF PE HTREE CORNERS COMiIUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691 . 1200 | wu,lw.cftyofpeachtreecomersqa.com lnnovative & Remarkahle Case Number: Ree*ived Date: Hearing Date: Variance Application from the Zoning Resolution (Zoning Board of Appeals) Please complete this application & submit it with all attachments as stated in the Variance Application Guidelines, A variance cannot be processed unless all information accompanies the application; a variance from a condition of zoning or special use cannot be Applicant lnformation Property Owner lnformation Name Address (all correspondencp will be mailed to Orls Address I .A ktk/ftn 4&*^eo .-, azk ?t eca t lL I City ((- c- 7 /7/ Applicant is the (please check or circle one of the following): I J Property Owner [ ] Owner's Agent [ | Contract Purchaser Address of Subdivision or Proiect District, Land Lot, & Parcel(MRN) Proposed Development Permit Number (if construction has begun) Variance Requested A complete applicafion includes the following: ii Applicatlon Form (1 orlglnal and I copies) I Application Fee l.i Site Plan andlor Boundary Suruey i.l Adjacent owner{sl written support (1 original and 9 coples) (1 orlglnal and 9 coplee) il letter of lntent (t orlglnal ard 9 copies) Addltlonal Documentatlon as needed i.l Signed & notarized Certiflcation page  CITY OF PEACHTREE GORNERS COMMUNITY DEVELOPHENT 147 Technology Parkuay, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | The undercigned, or as attached, is the record ovmer of the propeily consldered in thls applicafion and ir aware denled thal an application or reapplicatlon for a varlance d of 2oning Appeals may not'be made earlier than 12 XVl, monthr from $e dats of original application (Aillcle 60S). Date Notary Seal The undenlgned, ot ac afrached, is the Ecord owner of the property considered In tfiis application and p aunre noted applicant to rcprcsent me wifr regads Signature of Notary &al Signature of Notary Public Date Related Caees & Applicable Conditions: Varlance Description:  2176 Cobb Parkway North Project: JBL ASSOCIATES Kennesaw, Ga 30152 Date: 5/1/15 signsofnorthwest.com WO#: PEACHTREE MARKETPLACE 2 FEET 11 FEET 24 FEET 24 FEET 52” BRICK 1 FOOT FOOTING 6 FEET HOLE FILLED WITH CONCRETE 13 FEET 3 FEET 15 FEET CASSION FOUNDATION 4 FEET CONNECTION TO 120V AC All Artwork Property of Northwest Signs MUST BE DONE BY QUALIFIED ELECTRICIAN CUSTOMER APPROVAL: SALES REP APPROVAL: DATE: DATE:  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.gov PUBLIC HEARING PEACHTREE MARKET CASE NUMBER: V2015-002 ZONING BOARD OF APPEALS HEARING DATE: MAY 20, 2015 7:00 PM PROPERTY ADDRESS: 6135 PEACHTREE PARKWAY REQUEST: VARIANCE TO THE HEIGHT OF A MONUMENT SIGN V2015-003 Earth Fare  City of Peachtree Corners Zoning Board of Appeals May 20, 2015 CASE NUMBER: V2015-003 PROPERTY LOCATION: 5270 Peachtree Parkway 6th District, Land Lot 301, Parcel 056 CURRENT ZONING: C-2 PARCEL SIZE: 8.9 acres PROPERTY OWNER: Peachtree Parkway Properties, LLC APPLICANT: Steven Jarvis, Senior V.P., Real Estate, Earth Fare REQUEST The applicant requests variances to allow the following: 1. A 5 ft. setback instead of the required 20 ft. setback for a 20 ft. high monument sign along Peachtree Parkway. 2. A 10 ft. setback instead of the required 20 ft. setback for a 20 ft. high monument sign along Peachtree Corners Circle. 3. 192 sq. ft. of wall signs instead of a maximum of 100 sq. ft. of wall signs on the Earth Fare building LOCATION AND BACKGROUND The property is located in the southeast corner of Peachtree Parkway and Peachtree Corners Circle in the Village at Peachtree Corners (formerly the Interlochen Shopping Center) in the space formerly occupied by Office Max. Peachtree Corners is Earth Fare’s first Atlanta metro area location and they opened for business on 1/14/15. In the first five months of operations, Earth Fare has been disappointed in their sales and attributes their lower earnings to poor signage visibility. They note that trees planted along the property perimeter obscure both the wall signage and the monument signs. In addition, the primary sign along Peachtree Parkway is set further back and located at a higher elevation than the roadway. VARIANCE REQUIREMENTS Sec. 1605.3 identifies specific findings that must be made in order for a variance to be granted. These findings are as follows: A. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography, and  B. the application of the Resolution to this particular piece of property would create an unnecessary hardship, and C. such conditions are peculiar to the particular piece of property involved, and D. such conditions are not the result of any actions of the property owner, and E. relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution. ANALYSIS The Shopping Center property was developed at a higher grade than the surrounding roadway and the anchor store building was placed to the rear of the site. These two factors affect visibility and they were compounded by a third visibility inhibiting factor when trees planted along Peachtree Corners Circles matured over time and obstructed the view into the site. As a result, it is challenging for vehicle drivers to see store names while traveling along Peachtree Parkway, especially the anchor store located at the rear of the center. In order to compensate for the store’s distance from the roadway and the partially obstructed view corridor associated with the site, Earth Fare would like to increase the height of their monument signs (while staying within the signs’ size limit of 150 sq. ft.). The sign ordinance allows 20ft. high signs, but they must be located 20 ft. from the property line. The sign ordinance also allows signs to be placed on the property line; however, those signs cannot exceed 5 ft. in height. Earth Fare would like to have the 20 ft. high signs the ordinance allows, but located closer to the property line (0 ft. along Peachtree Parkway and 10 ft. along Peachtree Corners Circle) than the required 20 ft. In addition, Earth Fare would like to increase the amount of wall signage they are permitted. The additional wall signage would be spread across two bays of the shopping center in order to more accurately reflect the amount of space that Earth Fare occupies in the center. Currently, all of Earth Fare’s signage is over its front door, on the north half of its space. So, from the exterior, the store appears smaller than it actually is. The additional wall signage will allow Earth Fare to have a greater presence from the roadway and clearly show itself to be the anchor tenant in the center. CONCLUSION After reviewing the applicant’s proposal and the variance criteria, Staff finds that the variances requested can be justified. CITY O PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.gov PUBLIC HEARING EARTH FARE CASE NUMBER: V2015-003 ZONING BOARD OF APPEALS HEARING DATE: MAY 20, 2015 7:00 PM PROPERTY ADDRESS: 5270 PEACHTREE PARKWAY 6301 056 REQUEST: VARIANCES TO HEIGHT AND SETBACK REQUIREMENTS FOR MONUMENT SIGNS AND SIZE REQUIREMENTS FOR WALL SIGNS