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File #: AL-24-004    Version: 1
Type: Alcohol License Status: Passed
File created: 7/8/2024 In control: City Council
On agenda: 7/15/2024 Final action: 7/15/2024
Title: Alcohol License: Retail beer, wine, spirituous, and Sunday sales. .The property is located at 4481 Hiram Lithia Springs Road SW, within land lot 1046 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19104600250.
Attachments: 1. 2024 alp application B J PACKAGE INC dba BROWNSVILLE PACKAGE_Redacted, 2. Alcohol Distance Survey - 4481 Hiram Lithia Springs Road SW (Updated) Redacted
Related files: PZ 23--022, PZ 24-012

APPLICANT: BJ Package Inc., Balbir Sahdra.

ALCOHOL LICENSE: Retail beer, wine, spirituous, and Sunday sales.

LOCATION:  4481 Hiram Lithia Springs Road SW

ZONING:     CRC                                          ACRES:  1.75 ac                      PIN: 19104600250

 

Staff Recommendation: Approval.                          

 

BACKGROUND:  BJ package has operated continuously at 4400 Brownsville Road, Suite 106, since 11/24/2004. They operate as a traditional package store, offering beer, wine, and spirituous retail sales. The applicant seeks to grow their business operation by purchasing the standalone structure located at 4481 Hiram Lithia Springs Road and relocating from the nearby the Brownsville Plaza location. The applicant commented that, “I’m looking to expand my growing business to better meet the demand in the community.”

The City of Powder Springs Unified Development Code’s Table 2-3 provides that Package Stores within the CRC zoning district require special use approval. Additionally, Code of Ordinances Sec. 3-120, provides that, for a license for package wine, malt and spirituous beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence. The applicant previously sought a distance separation variance (PZ23-022), and was approved on August 21, 2023.

The subject location was a purpose-built drug store, which most recently operated as Walgreens and has been unoccupied since that store’s closure in February 2021. The applicant is in the final stages of real estate closing to acquire the building   - the under writers are requesting that the applicants provide proof of their approved alcohol permits and building permits. To receive approval for an alcohol permit, the applicant must first receive approval to satisfy the zoning condition for special use approval.

The new location is within 300-feet of the nearest property line of a detached single-family home at 5038 Cherry Lane, and the nearest property line of Selig Multifamily which is currently under development. The applicant previously sought a distance separation variance (PZ23-022) and was approved on August 21, 2023 (Appendix I).

 

SURROUNDING AREA:  Zoning Map: Figure 1. Aerial Map: Figure 2. Distance Separation Survey: Figure 3.

Nearest Residence: 268 feet from a single-family home, located at 5038 Cherry Lane. Measured in a straight-line.

Nearest Church: 1581-feet to Linked Up Church. 4331 Brownsville Road.  Measured in a straight-line.

 

The code of ordinances defines distance as, the measure in lineal feet of the most direct route of travel on the ground by a pedestrian from the center of the nearest door of customer entry of the proposed license premises to the nearest property line of the church, school, park, public building, library, or residence. Such travel shall be measured as a straight line from the customer door to the property line and is not required to follow a line running along the nearest sidewalk or street route; provided that, when a straight line of travel would not be a customary and reasonable line of travel because of obstacles to such travel, the line of travel shall be angled around such obstacles and the distance shall be the sum of the segments of the line.

The current zoning is CRC (Community Retail Commercial).  The rezoning from Low Rise Office (LRO) to Community Retail Commercial on this property occurred on June 4, 2012, with stipulations. Additionally, the variance requests to waive certain requirements of the Commercial Development Overlay were granted with stipulations on June 4, 2012. The zoning map reflects OI zoning, which needs to be corrected.

 

Figure 1 Zoning Map.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2. Aerial Map.

 

 

Figure 3. Visibility from closest residence.

 

 

 

 

 

 

Figure 4. Alcohol Distance Survey.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX I.                     ALCOHOL DISTANCE SEPERATION VARIANCE APPROVAL