File # PZ 21-001
APPLICATION: Special Use Package Store, Ricky and Hanagale Hardimon
PETITION: The applicant, is initiating a Special Use approval to allow a Package Store in the CRC zoning district.
PURPOSE OF THE REQUEST: Permitted and Special Use Table (Table 2-3) requires a Special Use approval for a package store in the Community Retail Commercial (CRC) zoning district.
LOCATION: 4110 Austell Powder Springs Road, Land Lots 946, 19th Districts, Powder Springs, Georgia.
ACRES: 5.42 Parcel ID #: 19094600260 Zoning: Community Retail Commercial (CRC)
Staff Recommendation: Approval with conditions
Planning and Zoning: Recommends Approval with Conditions
Prepared By: Community Development
Location Map
Background Information:
The applicant is requesting to retail craft beer and wine within an existing strip mall located at 4110 Austell Powder Springs Road. The UDC defines a package store as “A store that sells alcoholic beverages in sealed containers for consumption elsewhere; a liquor store”. The sale of beer and wine falls under the category of “packaged store. Per Table 2-3 of the Unified Development Code Special Use approval is required for packaged store within the Community Retail Commercial (CRC) zoning district. The City of Powder Springs ordinance also sets forth distance requirements of establishments serving beer and wine to schools (600’), churches (300’), and residences (300 feet). The survey provided by the applicant has indicated that the distance requirement of the proposed location to schools, churches and residences set forth are being met.
Surrounding Area:
The subject site is surrounded by predominantly non-residential use and non-residential zoning districts. North east of the subject site is a single-family home located within the residential (R15) zoning category. East of the property is an existing package liquor store. According to Section 4-250 of the Unified Development Code, “No new retail package liquor licensed place of business shall be located, and no existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits shall be relocated, unless it is established in a location at least 500 yards (1500 ft) from any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this OCGA 3-4 (Reference: O.C.G.A. 3-4-49).” The proposed establishment will be retailing beer and wine and does not need to meet the distance requirement of 500 yards (1500 ft) from a package store selling distilled spirit.
Analysis:
Special Use approval requests are reviewed by criteria set forth in Article 13 of the Unified Development Code. Based on the analysis in this staff recommendation, this application meets the requirements of Special Use Approval, subject to the stipulations provided.
Table 2-3 of the Unified Development Code (UDC) indicates that a Special Use approval by the Mayor and City Council must be granted prior to establishment of a “Package Store” in the CRC zoning district.
The application should be reviewed against the following standards:
a. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
The property is currently zoned CRC. The CRC district is intended to implement the “community activity center” future development established by the comprehensive plan. The CRC zoning district is established to accommodate commercial uses serving a city wide or regional market. The code allows the use after special use approval.
b. Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?
The surrounding properties are mostly retail commercial establishments, and thus, a package store would not impede the normal and orderly development of the surrounding property for uses predominated in the area.
c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
No new construction or clearing is associated with this renewal request.
d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?
Access is provided to the site from Austell Powder Springs Road and Old Austell Road and appears to be adequate to serve the proposed Special Use.
e. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?
Vehicular access to the site is deemed appropriate. Access to the property for emergency vehicles is easily achieved via direct connections unto Old Austell Powder Springs Road and Austell Powder Springs Road. The Cobb County Fire Marshal office has no concerns with the request.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?
The proposed use will not have any impact on school capacity. The package store will occupy an existing strip mall that is already connected to Cobb County water. Impact to water capacity is anticipated to be minimal. No other public utilities should be negatively affected.
g. Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
The rear of the building is used for delivery service and refuse pickup. Noise, light, glare, and odor should not negatively affect adjacent properties as the strip mall is already establishment and is surrounded by predominantly non-residential uses.
h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The proposed opening hours for the proposed package store is from 10:00 am to 9:00 pm on Tuesday to Sunday. This is in keeping with hours of operation for the surrounding businesses.
i. Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?
The property location is an existing building, and thus, no new construction, alterations, or additions are anticipated. The applicant will go through a normal tenant occupancy process.
Fiscal Impact: There are currently existing services and infrastructure to support the proposed request. The proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in place to serve the proposed request.
Summary and Recommendation:
Staff recommend approval of PZ 21-001 with the following conditions:
1. This Special Use approval to allow Package Store selling beer and wine at property located at 4110 Austell Powder Springs Road.
2. The hours of operation will be from 10:00 am to 9:00 pm Tuesday to Saturday and Sunday 12:00 PM to 9: 00 PM .