17 Computer Drive West Albany, NY 12205

518.438.9900

70 Linden Oaks, Third Floor, Suite 15 Rochester, NY 14625

585.866.1000

www.BohlerEngineering.com

June 11, 2021 City of Buffalo Zoning Boards of Appeal 65 Niagara Square, Room 901 Buffalo, NY 14202 Attention: Chairperson Reverend Lewis, Zoning Board of Appeals

Re: Proposed Chick-fil-A Redevelopment – Area Variance Application #GC21-9529000 50 Hinman Avenue Buffalo, New York Dear Chairperson Reverend Lewis,

On behalf of our client, G&I IX Empire Delaware Consumer Square LLC., we are pleased to submit the enclosed supplemental information to the City of Buffalo for the subject area variance application. The following enclosed information is in response to verbal comments received from the Board members during the April 21, 2021 Zoning Board of Appeals meeting as well as various comments and conversations about the proposed Chick-fil-A project. Enclosed please find the following items in support of our application:

A. An electronic copy of a June 10, 2021 Design Narrative letter from Chick-fil-A, Inc., including a supporting exhibit showing the two (2) discussed site layout schemes.

B. An electronic copy of a June 11, 2021 letter from Chick-fil-A, Inc., summarizing the proposed project and its relationship with surrounding demographics and customer movement patterns.

C. An electronic copy of a Traffic Data Collection Assessment Letter, dated May 19, 2021, prepared by SRF Associates.

D. A document showing site aerial and surrounding areas, consisting of two (2) sheets, prepared by Bohler Engineering.

E. A street view image, showing the subject site from the Hinman Avenue right-of-way, consisting of one (1) sheet. F. An electronic copy of a colored Site Plan Render, dated June 9, 2021, consisting of one (1) sheet, prepared by

Bohler Engineering. G. An electronic copy of 3D Perspective Renders, showing the subject site from two (2) separate locations on

Hinman Avenue, consisting of two (2) sheets, prepared by Chipman Design & Architecture.

Over the past two months, the prospective tenant and the development team have evaluated and exhausted multiple efforts to further comply with the City’s Unified Development Ordinance (“UDO”) and the Board’s request to provide an “urban style” restaurant development pulled up to Hinman Avenue at the subject site. As a part of the evaluation process, the applicant has considered alternate layouts based on Board comments as summarized on the attached Design Narrative/Site Plan comparison letters included with this submission. The applicant also conducted a traffic study to provide a breakdown of patrons using the Delaware Consumer Square shopping center by the type of users (i.e. motorists, pedestrians, bicyclist) and found that of the total traffic entering and exiting the site during each peak hour, only about 3.9% (or less) can be considered non-vehicular traffic. The attached Traffic Data Collection Assessment Letter prepared by SRF Associates further explains traffic patterns and type of users at the existing shopping center.

Based on the findings of traffic data collection and the sub-urban character of the Hinman Avenue corridor, the applicant believes that a variation of the suburban plus urban design is in the best interest of the neighborhood along the Hinman Avenue corridor. Based on neighborhood feedback during the initial workshop meeting and further supporting comments, various residents of Hinman Avenue have expressed concerns about the building being closer to Hinman Avenue. Instead, neighbors have requested that the building be pushed as far back from the sidewalk as possible and to maintain the existing trees and streetscape Hinman Avenue offers to buffer residential uses from commercial uses.

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Further evaluation and justification in support of a suburban/urban balanced style development has been provided in the attached two (2) June 9, 2021 letters prepared by the applicant that are attached with this submission for your review and consideration. It should be noted that Scott Lail, the applicant’s Strategic Insights Analyst for the Northeast makes note that the site abuts the Village of Kenmore, described by the American Planning Association as a ‘first ring suburb’.

In order to further meet the requests of the neighbors, the applicant has enhanced the proposed plan with evergreen vegetation along the drive thru to provide a visual buffer from the restaurant use to the residential neighborhood across Hinman Avenue. To further supplement the “park- like” feel of this section of Hinman Avenue and support the harmonic balance of the UDO, the shopping center, and neighboring community, the applicant is proposing to install seating and bike parking along Hinman Avenue to enhance site features and promote public use of the property frontage as well as walkability. The attached plan proposes further enhancements to the greenspace area between the sidewalk and the subject property boundary by proposing to re-establish lawn and maintain the existing mature trees and leaf canopy.

Based on various alternate options considered and information provided herein, the applicant believes that the proposed site plan provides the most beneficial design that will operate with the highest level of safety and efficiency while enhancing the community. The proposed plan not only proposes to maintain but enhance the existing character of the Hinman Avenue neighborhood while a fully urban site design with the building up to Hinman Avenue, if proposed, in our opinion would change the character of the neighborhood and would not be desirable to the adjacent residents and community.

Furthermore, it should be noted that since the start of this project and the initial Notice of Denial, the applicant has worked closely with the City of Buffalo Permits/Planning Office and Neighbors to revise the proposed plan to substantially decrease the number of requested area variances from eight (8) variances to four (4). With this resubmission, the applicant would like to request that the Board grant approvals to the four (4) requested area variances which is the absolute minimum necessary to support this project.

The Applicant and future tenant look forward to re-investing in the City of Buffalo and creating an opportunity for good food, great service, and prospective 120-140 full and part time employment positions at Chick-fil-A in Delaware Consumer Square. We look forward to presenting this information at the next Zoning Board of Appeals hearing scheduled for June 16, 2021. If you have any questions, please do not hesitate to contact our office.

Sincerely,

Timothy C. Freitag, P.E.

Cc: Clint Mattson, Chick-fil-A, Inc. (via e-mail; with enclosures) Aidan Kelso, DLC Management Corp. (via e-mail; with enclosures) Francis L. Gorman, III, Harris Beach PLLC (via e-mail; with enclosures)

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A 

 

 

 

 

 

   

Delaware Consumer Square June 10, 2021

Attn: Reverend James Lewis 65 Niagara Square

Room 901

Buffalo, NY 14202

Dear Chairperson Reverend James Lewis & Members of the Zoning Board of Appeals:

CUSTOMER SATISFACTION AND CIRCULATION: Chick-fil-A is an industry leader in multiple channels including Dine-In, Carry-Out,

Drive-Thru, Curb Side Pick-Up & Delivery. Our focus on service is an important element to obtaining one of the highest customer

satisfaction ratings in the industry. Chick-Ill-A has stores in urban, sub-urban and rural environments and we take great care to

evaluate location specific solutions for vehicular traffic flow, pedestrian path of travel, service and deliveries, with intentional

consideration of for our neighbors and the community.

SITE PLAN COMPARISON:

Scheme 1— Isolated Perimeter Drive Thru

• Drive-Thru Length:

o This option provides the longest vehicular queue (31 cars), ideal to keep cars moving through the site

and avoid lines queuing beyond the drive thru entrance and the site.

o The drive thru contains a significant amount of storage well beyond the recommended 19 vehicles

stacking from SRF Associates based on other facility observations in the NY market.

o Additional capacity is provided onsite should excessive stacking occur before overflowing to the

shopping center.

• Order Point & Canopy: Locations are ideal for timely order fulfillment based on service times that collate with the kitchen and preparation of orders.

• Drive-Thru Window Location: o Provides good egress lengths to keep cars moving and allow vehicles to proceed after pickup window.

o Good buffer with no cross-traffic conflicts.

• Parking Count: 61: Higher count allows for guests to park onsite

• Pedestrian Safety:

o High: The majority of Pedestrians will access the site internally from the parking lot and do not cross

the Drive Thru. It was observed onsite that only 3-4% of traffic accessing this shopping center attend

via non-vehicles (i.e. walk/bike).

o Pedestrians external to the site cross at controlled points of the Drive Thru where vehicles will be

stopped taking orders at the order points.

Scheme 2— Building at the Street

• Drive-Thru Length: o This option has a shorter vehicular queue (25 cars), with a greater potential for off-site congestion at

peak hours. o No additional onsite capacity and overflow could potentially impede the shopping center.

o Drive thru exiting traffic would cross incoming traffic close to Hinman Avenue.

• Order Point & Canopy: Locations are pushed up in the drive thru to a less ideal location for timely order

fulfillment based on service times that collate with the kitchen and preparation of orders. Drive Thru

circulation is experienced to be less efficient.

Chick-fil-A, Inc.

5200 Buffington Rd, Atlanta, GA 30349

• Drive-Thru Window Location:

o Less distance before entering public access road.

o Path conflicts with a site ingress/egress point, which may cause site and neighborhood congestion at

peak hours.

o Path conflicts with pedestrian access to Chick-fil-A parking and the Shopping Center.

• Parking Count: 58; adequate but less than Scheme 1; overflow parking may be required more often.

• Pedestrian Safety:

o Low: All pedestrians internal to the site and shopping center will have to cross the Drive Thru to enter

the restaurant. Team Members must cross the Drive Thru to deliver curbside pickup as well.

o Pedestrians external to the site can access the building only without crossing the Drive Thru. All

would cross at less controlled points of the Drive Thru to the parking lot and shopping center.

FACADE TRANSPARENCY: The Chick-fl-A building design can be described as an all brick masonry veneer building with punched

windows, characteristic of turn-of-the-(last)-century brick buildings with humanistic scale and appeal. The Hinman Ave façade faces

a Neighborhood Zone and is required to achieve a 70% façade transparency.

Scheme 1 - Transparency is 70%

Façade has been modified to present a reasonable and appropriate dining room façade and entry with character and interest

that will meet the transparency requirement.

Scheme 2 - Transparency is <70%

A significant portion of this façade are areas that we are not able to incorporate windows due to the back of house functions (i.e.,

kitchen, rest rooms, etc.). We cannot reasonably meet the transparency requirement.

CONCLUSION: Based on the information shared, we believe Scheme 1 provides the most beneficial design that will operate with the

highest level of safety and efficiency while enhancing the community.

Sincerely,

05 37~ Blake Kleppe Chick-f il-A Restaurant Development, Design

Chick-fil-A, Inc.

5200 Buffington Rd, Atlanta, GA 30349

  

SCHEME 1: ISOLATED PERIMETER DRIVE THRU  

 

SCHEME 2: BUILDING AT THE STREET 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B 

 

 

 

 

 

   

Chick-fil-A, Inc. 5200 Buffington Rd, Atlanta, GA 30349

Delaware Consumer Square June 11, 2021

Attn: Chairperson Reverend James Lewis & Members of the Zoning Board of Appeals, 65 Niagara Square Room 901 Buffalo, NY 14202

Dear Chairperson Reverend James Lewis & Members of the Zoning Board of Appeals,

The subject site (southwest corner of Delaware Ave and Hinman Ave) is currently operated by Rainbow Shops, GameStop, and Moe’s Southwest Grill and part of the larger regional retail development, Delaware Consumer Square with large ‘big box’ retail in the surrounding. While it should not be described as ‘rural’, based on our analysis of the site and surrounding areas, we believe the site currently lies within a ‘suburban’ area and not ‘urban’. The site abuts the Village of Kenmore, described by the American Planning Association as a ‘first ring suburb’.

The site was selected and approved internally with the aim of serving Buffalonians using a proven design format that emphasizes order efficiency and customer experience. Major deviations from these models will ultimately affect the consumer.

Traffic counts and the road network point toward a moderate reliance on private vehicles for transportation. Delaware Ave, Elmwood Ave, and Kenmore Ave are principal arterials with NYDOT daily traffic counts of 12,699, 18,397, and 21,792, respectfully. GBNRTC Turning Movement Count data indicated that less than 1% of total volume counts in August 2019 came from pedestrians or cyclists at the intersection of Delaware Ave and Hinman Ave. Furthermore, two-mile radius data from the American Community Survey (ACS) estimates that 77.1% of workers older than 16 chose to drive alone to work while less than 4% opted for walking or bicycling. These numbers are comparable to what we are seeing at other Chick-fil-A suburban locations. One of the metrics we pinpoint for future growth is the preferred mode of transportation; the goal is to provide customers the opportunity to utilize various sales channels and choose the one most convenient to them.

As described in the Unified Development Ordinance, the D-S zone “…may be centered around one or more “big box” format buildings…”. The regional draw of big box retail (Target, Home Depot, PetSmart, Office Max, Tops) lends itself to more of a destination center as evidenced by the ample corresponding parking fields. The closest Target and Office Max is four miles (13 minute drive) to the northwest at The Boulevard Consumer Square. Based on the dispersed nature of these retailers, the estimated trade area extends well beyond the neighborhood of North Buffalo. Chick-fil-A and other restaurants depend on these larger retailers to help attract customers. Similarly, as we have seen basket size increases in both the grocery and home improvement sectors, reliance on customers arriving via automobile is even more pronounced.

Given the proximate retail, road network, traffic counts and estimated customer draw, this site falls into more of the ‘inner suburban’ bucket. Our research indicates that the demographic and customer movement patterns are more characteristic of a freestander location with a mix of drive-thru and seating.

Sincerely,

Scott Lail Chick-fil-A Strategic Insights, Northeast

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C 

 

 

 

 

 

   

Mr. Timothy Freitag, P.E. May 19, 2021 Project Manager Bohler Engineering 17 Computer Drive West Albany, New York 12205 RE: Proposed Chick-fil-A, Delaware Consumer Square, City of Buffalo, NY Data Collection Assessment Letter Dear Mr. Freitag:

The purpose of this technical letter is to provide an assessment of the Delaware Consumer Square shopping center by the types of users (e.g., motorists, pedestrians, bicyclists) patronizing the site for the purpose of responding to the City of Buffalo’s Zoning Board of Appeals. To develop these results, documentation of existing intersection counts was collected during three peak periods at the study intersections of Hinman Avenue/Delaware Consumer Square, Delaware Avenue/Delaware Consumer Square Northerly Driveway, Delaware Avenue/Delaware Consumer Square Southerly Driveway. Turning movement traffic counts were collected by SRF at the study intersections on Thursday, May 13, 2021 from 11:30 AM to 1:30 PM and 4:00 to 6:00 PM, and on Saturday, May 15, 2021 from 12:00 to 2:00 PM. The peak hours generally occurred from 12:15-1:15 PM, 4:00-5:00 PM, and 12:00-1:00 PM for the weekday midday, weekday PM, and Saturday peak periods, respectively. The peak hour traffic volumes are shown on the attached Figure 1. Peak hour pedestrian volumes are shown on Figure 2. During each study period, weather conditions were clear and sunny. Table 1 depicts the total entering and exiting vehicle traffic as well as the total entering and exiting non-vehicle traffic.

TABLE 1: TOTAL TRAFFIC ENTERING AND EXITING BY MODE OF TRAVEL

MODE OF TRAVEL TOTAL ENTERING TRAFFIC TOTAL EXITING TRAFFIC

Vehicular 407 (420) [419] 393 (426) [397]

Non-vehicular 9 (12) [21] 4 (10) [11]

Percentage of Non-Vehicular Traffic 2.2% (2.9%) [5.0%] 1.0% (2.3%) [2.8%]

Note: 1. Non-vehicular denotes pedestrians and wheeled users (e.g., bicycle on sidewalk or wheelchair).

Of the total traffic entering and exiting the site during each peak hour, approximately 3.9% or less is considered non-vehicular traffic.

3495 Winton Place Building E, Suite 110 Rochester, NY 14623

(585) 272-4660

www.srfa.net

Re: Proposed Chick-fil-A, Delaware Consumer Square May 19, 2021 Data Collection Assessment City of Buffalo, NY

Page 2 of 2

CONCLUSIONS The total peak hour vehicular traffic recorded at the study intersections was 800 (846) [816] during the weekday midday, weekday PM, and Saturday peak periods, respectively. The total peak hour non-vehicular traffic recorded was 13 (22) [32] during the weekday midday, weekday PM, and Saturday peak periods, respectively. Non-vehicular traffic constitutes approximately 1.6% (2.6%) [3.9%] during each respective peak study period. If you have any questions or require additional information, please do not hesitate to contact our office. Sincerely, SRF Associates, D.P.C. David Kruse, AICP, PTP Transportation Planner Attachments

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT D 

 

 

 

 

 

   

VILLAGE OF KENMORE

CITY OF BUFFALO

APPROXIMATEMUNICIPALBOUNDARY

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT E 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT F 

 

 

 

 

 

   

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EXHIBIT G 

 

 

 

 

 

   

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