Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA Special Called Meeting MAY 4, 2016 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: (None) C. Old Business: (None) D. New Business: 1. PH2016-003 Railroad Outdoor, LLC Appeal of an administrative decision pursuant to Zoning Code Sec. 1606 and Sec. 54-8(b) to deny a sign permit at 4395 Buford Hwy. E. City Business Items: (None) F. Comments by Board Members. G. Adjournment.  PH2016-003 Railroad Outdoor, LLC  City of Peachtree Corners Zoning Board of Appeals Special Called Meeting May 4, 2016 CASE NUMBER: PH2016-003 PROPERTY LOCATION: 4395 Buford Highway 6th District, Land Lot 259, Parcel 054 CURRENT ZONING: C-2 PARCEL SIZE: 1.91 acres PROPERTY OWNER: The Kyu Yong Cho Revocable Trust ETAL APPLICANT: Railroad Outdoor, LLC REQUEST The applicant is appealing an administrative decision to deny a sign permit and requesting that the denial be overturned and the permit be issued. BACKGROUND On March 8, 2016, the City received an application for an oversized sign (billboard) at 4395 Buford Highway (attachment ‘A’). The proposed sign was 30x10 feet with 300 square feet of surface area and a height of 30 feet. Staff denied this permit application (see attachment ‘B’) based on the following reasons: 1. The sign requested did not meet the definition of an oversized sign. (An oversized size is defined as a sign that exceeds 30x10 feet with 300 square feet of surface area); and 2. If the sign was then considered as a primary ground sign for an individual business, it exceeded the size and height allowed for that type of sign. (A primary ground sign is limited to 75 sq. ft. in area and 20 feet in height.) When the applicant received Staff’s letter indicating that the permit was denied for the above noted reasons, they responded with a letter appealing the denial (attachment ‘C’). The grounds for this appeal as stated by the applicant are: 1. That the City’s sign ordinance has some contradiction regarding the definition of “oversized sign”; 2. The City’s overlay district is vague and lacks definition; 3. The City’s overlay district is invalid. OVERVIEW Staff’s letter denying the permit application informed the applicant that the proposed sign did not exceed the 30 x 10 ft. dimension and, therefore, did not qualify as an oversized sign. Additionally, to be informative, Staff’s letter noted that if the sign had met the definition of an oversized sign, the application would be denied because the location of the sign would be within 1,250 feet of the Overlay District, a violation of Zoning Code Section 54-17(3). And, the location of the sign would be within 500 feet of a dwelling and within 500 feet of a residentially-zoned property, both not permitted by Section Zoning Code 54-17(2). Further, it should also be noted that if the sign qualified as an oversized sign (billboard), it would be prohibited by Gwinnett County zoning case RZ-99-048 (attachment‘D’) which states that, “No billboards are permitted”, as a zoning condition, for this property. Once the proposed sign was disqualified as an oversized sign, Staff assessed the possibility of classifying it as a primary sign for an individual business on a non-residential lot pursuant to Zoning Code Section 54-16. Within that context, the sign exceeded the size limitation (no more than 75 square feet) and the height restriction (over 20 feet), as well as the number of signs allowed per road frontage (one sign already exists). RESPONSE TO ASSERTIONS IN THE APPEAL Assertion One: the contradictory nature of the City’s Sign Ordinance regarding the definition of “oversized sign”. Both the Sign Ordinance and the Zoning Code have definitions for Oversized signs. These definitions are as follows: Sign Ordinance Section 54-2 Definitions - Oversized signs means a ground sign which exceeds 30 feet in sign height and/or 300 square feet of sign surface area. Zoning Code Article III. – Definitions Oversized Sign. A ground sign which exceeds 30 feet in sign height and/or 300 square feet of sign surface area. The definitions contained in both sections are identical. In addition to these definitions, subsection 8 of Sect. 54-17 contains a chart covering the maximum height and minimum front yard setback from the street right-of-way for oversized signs. The chart has a section that says oversized signs 300-349 square feet of sign surface area can be at a maximum height of 30 feet. The applicant alleges that this contradicts the definition and creates an inconsistency within the ordinance. However, tables, charts and other similar guides are intended as references. They are supplementary to the regulations and do not substitute for the written definitions. Assertions Two and Three: the vagueness and lack of definitions regarding the City’s overlay districts, and the invalidity of the City’s overlay districts.” Section 1315.1.1 of the Zoning Ordinance is clear about the purpose of the Overlay District:  The Activity Center/Corridor Overlay District is intended to enhance the viability and livability of the area surrounding major activity centers in City of Peachtree Corners as designated by the City Council. The purpose of the Overlay District is to achieve and maintain a unified and pleasing aesthetic/visual quality in landscaping, architecture and signage; and to promote alternative modes of transportation within the district through the provision of pedestrian and local public transit. Section 1315.1.2 of the Zoning Ordinance is clear about the applicability of the Overlay District The requirements of the Overlay District shall apply to all non-residential and attached residential properties within the geographic areas shown on the Peachtree Corners Overlay District Map. Whenever the requirements of the Overlay District impose a more or less restrictive standard than the provisions of any other statute or covenant, the requirements of the Overlay District shall govern. The Overlay district map has been adopted and exists as an overlay on the Zoning Map because its applicability is determined both by a geographical area and the nature of the use of the property. CONCLUSION • The term “oversized sign” is clearly and consistently defined in the Zoning Code and in the Sign Ordinance. • The Overlay district purpose and applicability are described in the Zoning Code and both the Zoning Code and the Overlay District Map have been properly adopted. • The applicant’s proposed sign does not meet the definition of an oversized (billboard) sign and, if it did, it would be prohibited by RZ99-048, condition 2B. Therefore the administrative decision to deny the Railroad Outdoor, LLC sign permit should be upheld. Single Family home within 500 ft. of subject property Overlay District within 1250 ft. of subject property Residential zoned property  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Railroad Outdoor, LLC CASE NUMBER: PH2016-003 HEARING DATE: May 4, 2016 PROPERTY ADDRESS: 4395 Buford Hwy.