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File #: PZ 23--025    Version: 1
Type: Variance Status: Passed
File created: 11/15/2023 In control: City Council
On agenda: 12/4/2023 Final action: 12/4/2023
Title: Variance Request. To vary the minimum distance separation from certain locations for an alcohol distillery. Per code of ordinances Sec. 3-120 - Alcohol License. The property is located at 3180 Florence Rd SW, within land lot 675 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 190675000202
Indexes: MIT FY 23 -Commercial Development
Code sections: Sec. 3-120 - Distance from certain locations
Attachments: 1. PZ23-025. Motion to Approve. 12042023, 2. Vicinity map, distance survey, visibility from closest residence, 3. Variance Application Redacted, 4. Signed PZ 23-025 Motion to Approve 12-04-2023

CASE NUMBER:    PZ 23 -025

APPLICANT: Cellar Bold and Distillery, Morounfolu “Tona” Awotona.

VARIANCE REQUEST: To vary distance from certain locations, per code of ordinances Sec. 3-120, for Alcohol License distance separation requirements, for distillery and tasting room.

LOCATION:  3180 Florence Road SW, Ste 105

ZONING:     LI                                          ACRES:  6 ac                      PIN: 19067500020

 

Staff Recommendation: Approval.                      

 

BACKGROUND:  The City of Powder Springs Code of Ordinances Sec. 3-120, provides that, for a license for a distillery and spirituous pouring, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence; provided that the distance from a church or residence shall be waived when the applicant is a grocery store. Additionally, the distance requirements for manufacturing is as follows: For a license for wholesale, or for a license for manufacture, a suitable distance is six hundred (600) feet from a school, church or residence.

Cellar Bold and Distillery proposes to operate a boutique distillery and tasting room within adjacent units at the warehouse suites located at 3180 Florence Road.

The proposed location is within 300-feet of the nearest property line of a detached single-family home. The residence located at 3050 Hopeland Drive is 192-feet from the proposed location, which requires Variance Approval from City Council.

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.

 

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

Nearest Residence: 192-feet from a single-family home, located at 3050 Hopeland Drive. Measured in a straight-line.

Nearest Church: 665-feet to Hearts on Fire Ministries. 4010 Fambrough.  Measured in a straight-line.

Nearest School: 2141-feet to Bridgestone Academy. 3375 Florence Road.

 

 

Figure 1 Zoning Map.

 

 

Figure 2. Aerial Map.

Figure 3. No visibility from closest residence.  The rear yard of the closest residence separated is by dense tree buffer.

 

 

Figure 4. Alcohol Distance Survey.

PARKING ANALYSIS:

Total parking available: 38. Total warehouse suites: 8

The Bold distillery has 2 suites. Unit size: 1479 each.

Parking requirement:

Manufacturing parking min: 1/1300 sf.  2 spaces required.

Restaurant, bar, or tavern: 1/125 sf. 12 spaces required.

 

The development is predominated by LI users with low parking requirements: Warehouse requirement 1/ 2000 sf; Manufacturing, processing, and assembly 1 / 1300 sf.

Therefore, very little parking conflict will exist between the uses, since the tasting room will operate on weekends and evenings, when the other businesses are closed. Additionally, the adjoining rear section of the development has a large parking lot (figure 2) that could adequately accommodate spillover parking.

 

Figure 5. Parking lot serving the proposed distillery.

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     The nature and extent of the hardship.

The nearest residence, located at 3050 Hopeland Drive, is 192-feet away. There is no visibility from the closest residence.  The rear yard is separated is by dense tree buffer and Florence Road. The code has an increased distance requirement of 600 feet for manufacturing. In this case, the applicant will be flavoring distilled spirits and there should not be increased noise generated from the manufacturing process.

 

2.                     The characteristics of the zoning district and the property in which the premises are located.

Light Industrial uses predominate the area. The residential subdivision across Florence Road is separated by a tree buffer and is not accessed from Florence Road.

 

3.                     The degree of visibility of the premises from the church, school, or residence, including consideration of landscape and other buffers, either existing or to be installed.

There is no visibility from the closest residence, as shown in figure 3. The closest church or school falls outside the minimum required distance separation.

4.                     The distance from the nearest structure of a school, church, or residence to the closest property line of the premises.

The distance of the nearest school is 2,141 feet away.

The distance of the nearest church is 665 feet away.

The distance of the nearest residence is 192 feet away.

 

5.                     The relative impact of traffic and parking activity on the school, church, or residence is generated by the sale of alcoholic beverages.

As discussed in the Parking Analysis section, there is ample parking immediately adjacent to the proposed distillery, as well as considerable spillover availability at the adjoining section to the rear of the development.

 

 

 

 

STAFF RECOMMENDATION:  Approval of the distance separation variance, with the following conditions:

 

1.                     The applicant shall submit application for an Alcohol License to the Community Development Department.

2.                     All signage shall be permitted, in accordance with the standards of the Unified Development Code <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART7SIADDE>.