Action Summary:
title
Application for Special Use Approval to operate a food truck with a base of operation at 3982 Austell Powder Springs Road. PIN 19090500190
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☒ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☒ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Applicant desires to operate a food truck and food truck park with a base of operation at 3982 Austell Powder Springs Road.
The Unified Development Code allows a food truck park in the Community Retail Commercial zoning district under certain conditions and with certain regulations and restrictions as set forth in Section 4-146 of the Unified Development Code, attached to this legislative record.
The applicant is a former food truck business owner and operator currently located within a conditionally approved food truck park located on the adjoining property at 3980 Austell Powder Springs Road. That park was denied approval to renew the annual special use permit in September 2025 as a result of continuous code violations unaddressed by the holder of that food truck park special use permit. The applicant and other food truck businesses located in that park were given until the end of October 2025 to cease operating on the adjoining property.
The applicant thereafter submitted an application to relocate his food truck business to the subject property at 3982 Austell Powder Springs Road to continue his base of operation at a location that had previous health department approval. The applicant has initiated the process to establish the commissary and base of operation in his name with the approval and consent of the property owner and health department.
The health department and property owner of 3982 Austell Powder Springs Road have been notified that the prior special use permit for food truck park at 3980 was denied renewal in September 2025. (Other food truck owners and operators located on the adjoining property in the food truck park have been similarly notified.)
Standards to evaluate in considering an application for special use permit/approval:
(a)Whether the proposed special use is consistent with the stated purpose of the zoning district in which it will be located;
The proposed use is consistent with the stated purpose of the mixed use zoning district where it will be located. The food truck park is compatible with surrounding land uses, which include commercial and mixed-use developments.
(b)Whether the establishment of the special use will impede the normal and orderly development of surrounding property for uses predominate in the area;
The use will not impede the normal development and uses of surrounding properties but can be viewed as complementing the commercial uses on nearby properties as well as offering convenient food truck food options.
(c)Whether the location and character of the proposed special use are consistent with a desirable pattern of development in general;
The location of the proposed special use is consistent with the pattern of uses on nearby properties. The food truck park is compatible with surrounding land uses, which include commercial and mixed-use developments.
(d)Whether the type of street providing access to the use is or will be adequate to serve the proposed special use;
Adequate public infrastructure and services are available to support the proposed use.
(e)Whether access into and out of the property is or will be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles;
The site can accommodate traffic and pedestrian circulation and access by emergency vehicles. The proposed use will not adversely affect the public health, safety, or general welfare, provided that appropriate conditions are implemented. Additionally, the proposed use promotes economic development and offers a unique amenity to the community.
(f)Whether public facilities such as schools, water or sewer utilities, and police or fire protection are or will be adequate to serve the special use;
The adjacent parcels are developed with commercial, retail and residential uses and are adequately served by government services and utilities.
(g)Whether refuse, service, parking and loading areas on the property will be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor;
The dumpster and parking areas will be located to the rear to help protect other properties from potential impacts caused by noise or odor.
(h)Whether the hours and manner of operation of the special use will have adverse effects on other properties in the area; and
The hours of operation specified in the unified development code were adopted to limit the adverse effects on other properties in the area. Full compliance with the code provisions will limit impacts.
(i)Whether the height, size or location of the buildings or other structures on the property are or will be compatible with the height, size or location of buildings or other structures on neighboring properties.
The food trucks will be located around the building that serves as the base of operation for the food truck businesses. The proposed location of food trucks adjacent to an existing building structure and in close proximity to other food trucks is supported, provided that site design ensures unobstructed vehicular circulation and safe pedestrian access. Clustering food trucks can enhance the vibrancy and appeal of the food truck park, encourage social interaction, and create a cohesive dining experience. Proximity to a building may also offer access to shared amenities such as restrooms improving the overall functionality and comfort of the site. To maintain public safety and operational efficiency, the layout must include clearly marked pedestrian pathways and adequate spacing between trucks. Queuing shall not be permitted, but to the extent it occasionally happens, the applicant should ensure that the queuing does not interfere with emergency access.
Recommendation: Approve with conditions.