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File #: PZ 20--029    Version: 1
Type: Special Use Status: Passed
File created: 10/6/2020 In control: City Council
On agenda: Final action: 11/2/2020
Title: Special use approval to allow used merchandise in the CRC zoning district located at 3982 Austell Powder Springs Road within Land Lots 905, 19th District, 2nd Section, and Cobb County, Georgia.
Attachments: 1. Application, 2. Draft Motion, 3. Signed PZ 20-29.pdf

File # PZ 20-029

 

PETITION: The applicant, Leticia and Andrade Cardenas, are initiating a Special Use approval to allow used merchandise in the in an existing building located in the CRC zoning district.

 

PURPOSE OF THE REQUEST: Permitted and Special Use Table (Table 2-3) requires a Special Use approval for the operation of a used merchandise business in the Community Retail Commercial (CRC) zoning district.

 

LOCATION: 3982 Austell Powder Springs Road, 19th Districts, Powder Springs, Georgia.

 

Address: 3982 Austell Powder Springs Road                     ACRES: 0.85 acres                                                                                          Parcel ID #: 19090500190       Zoning: Community Retail Commercial (CRC)

 

Staff Recommendation: Approval

 

Prepared By:    Community Development

 

Location Map

Background Information:

The applicant is proposing to sell retail used merchandise within an existing building located at 3982 Austell Powder Springs Road. The subject site falls within the Community Retail Commercial (CRC) zoning district, which is surrounded by a thrift store, daycare facility, carwash, an office, gas station and a few fast food restaurant chains.

Staff is recommending approval as the CRC zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market.  The applicant has communicated to the City that the store will provide used appliances and used household and clothing items for sale. Items that will be provided in the store will be everyday items that are required for usage from a local and regional level.

Surrounding Area: The subject site is surrounded by various zoning districts and land use activities. Located to the east is a thrift store within the CRC zoning district; located to the west of the subject site is a cemetery (Powder Springs Memorial Garden) within the R15 zoning district; located to the north is a open parking lot also within the CRC zoning district; south of the subject site is a daycare facility within the CRC district. 

Surrounding Land Use

 

 

 

 

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 “Used Merchandise” 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 CRC district is to provide for commercial uses that serves a citywide and regional market. Based on the information provided in the application, the proposed used merchandise store will be located within a commercial district surrounded by residential and commercial activity and is uniquely positioned to provide services which can be supported by the city.

                     

 

      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 subject site is located along Austell Powder Springs Road surrounded by predominantly commercial uses, there will be no expansion or construction activities. The retail store will be located in an existing building, which was previously utilized as a surveyor’s office. Though adjacent to a residential zoning district there is a cemetery that separates the single-family houses from the proposed retail operation. The Special Use request should not impede the normal and orderly development of the surrounding commercial uses.

 

      c.    Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

 

The subject site is located in the CRC zoning district which encourages commercial uses that will serve the city. The subject site is surrounded by commercial activities inclusive of a thrift store, fast food restaurants, daycare facility and a few nearby offices. The proposed retail establishment will support the surrounding uses and is consistent with the desirable pattern of the surrounding area.  The proposed request is consistent with the requirement of the Unified Development Code.

 

 

      d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?

     

Based on the ITE code a retail establishment of approximate 5,600 square feet will generate approximately 23 PM Peak hour trips. The fact that the site is located along an arterial road within a commercial district 23 PM peak hour trips appears to be adequate for the existing street capacity.

 

 

 

      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?

Though pedestrian activity should be minimal for this site there is sidewalk to accommodate safe pedestrian activity. This site was formerly a surveyor’s office, therefore access in and out of the site is adequate in accommodating traffic flow and emergency vehicles. There is also adequate parking. A 5,600 square feet retail space will require a minimum of 20 spaces and a maximum of 28 spaces. There are currently 15 marked spaces with adequate space to add an additional five (5) spaces to meet the UDC requirements.

  

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. Impact of water and sewer 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 building is currently vacant. The usage of dumpsters will be regulated by the Unified Developing Code (UDC) requiring screening. The adjacent properties are predominantly commercial. The nearby single-family residences are separated by landscaping and a cemetery, offsite impacts such as light, vehicular activity should be minimal.

 

 

h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

 

The proposed hours of operation will be mostly day light hours and should not have an adverse effect on neighboring properties.

 

 

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?

 

This is an existing building that was originally designed as a bank. The existing building is consistent and compatible with surrounding architecture, height and size of other buildings.

 

 

Fiscal Impact:   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 20-029 with the following conditions:

 

1.                     This Special Use approval is for a used merchandise store located at 3982 Austell Powder Springs Road.  A code violation may terminate the Special Use approval as determined by the Community Development Director. The Community Development Director may require that a new Special Use application be required in the event there is a code violation.

 

2.                     There shall be sign/s indicating “No dumping allowed”. All signage must be reviewed and approved by Community Development.