CASE NUMBER: PZ 24-015
APPLICANT: Eugene Idlett
SPECIAL USE REQUEST: Renewal of Special Use for a food truck park (PZ23-018 expires 7/17/2024)
LOCATION: 3980 and 3982 Austell Powder Springs Road, Powder Springs, GA
ZONING: CRC ACRES: 2.14 PIN: 19090500180 and 19090500190
Staff Recommendation: Denial. Planning and Zoning: Approval.
BACKGROUND: The renewal of the Special Use is required per the conditions of approval of PZ23-018. The previously approved special use request established a food truck venue providing commissary kitchen and overnight parking for food trucks, and the use of a repurposed shipping container. Subsequently, a VR gaming Experience, and a Retail Center received special use approval at the subject location, as summarized in the table below.
|
Uses |
Applicant |
Case # |
Approval D |
Renewal Condition |
|
VR Game Experience: Total Rage ATL |
Mr. Dyon Holmes |
PZ23-027 |
01/16/2024 |
Reviewed with Food Truck Park Renewal |
|
Retail Center: Kathy's Over Stock |
Mr. Moise Cardenas and Mrs. Leticia Cardenas |
PZ24-010 |
04/01/2024 |
Reviewed with Food Truck Park Renewal |
|
Food Truck Park: Holla at Your Boy |
Mr. Eugene Idlette |
PZ23-017 |
07/17/2023 |
Expires 07/17/2024 |
Table 1. Current Special Uses at Subject Location
The Unified Development Code’s table 2-3 provides that, in the CRC zoning district, outdoor storage requires Special Use approval. Food trucks are permitted in CRC, subject to the specific use provisions of Sec. 4-145, and the applicant’s proposed commissary kitchen is permitted use, per table 2-3, permitting catering establishments in CRC. The proposed outdoor events use would be considered as an accessory to the Food Truck outdoor storage and Commissary Kitchen uses.
Mr. Idlett purchased the vacant property at 3980 Austell Powder Springs Road, and has long term lease with intent to purchase the existing building at 3982 Austell Powder Springs Road.
The location has had multiple code enforcement issues related to delinquent occupational tax renewals for Kathy’s Over Stock, as well as several non-compliance issues related to the Food Truck Park. Code enforcement shut down the food truck park on April 11th, 2024, for operating without a license or necessary approvals. The use was approved with a special use, however, there were missing required approvals that needed to be met before initiating operations as a food truck park.
Code enforcement issues have been resolved, for the most part. The current open violations relate to the completion of the dumpster enclosure at the subject property. He is on probation by the court and is scheduled to re-appear on July 24th, 2024. Code violations at the subject property are listed in table 2.
|
Violation |
Status |
|
Food Truck - Business License |
Closed |
|
Permit required |
Closed |
|
Permit required |
Closed |
|
Graffiti Prohibited Acts |
Closed |
|
Food Truck - Business License |
Closed |
|
Use, Occupancy, and Erection |
Closed |
|
Food Truck - Location |
Closed |
|
Service required; exceptions; penalties; fee increases |
Closed |
|
Use Prohibited When Not Specified |
Closed |
|
Junked; wrecked; discarded; etc., personal property-Maximum period of storage. |
Closed |
|
License to be displayed |
Closed |
|
Food Truck - Location |
Closed |
|
Food Truck - Business License |
Closed |
|
Occupational License required; delinquency penalty; proration - failure to obtain |
Closed |
|
Trash and recycling collection facilities |
Pending Inspection |
|
Food Truck - Location |
Pending Inspection |
|
Use Prohibited When Not Specified |
Pending Inspection |
Table 2. Code Violations: Eugene Idlett, Holla at Your Boy Food Truck Park. Source: CommuniytCore
SURROUNDING AREA: The subject site currently has the commissary for the food truck park in a portion of the building (figure 2), storage location for food trucks, and the accessory building for Total Rage VR Gaming. The undeveloped lot next door at 3980 is the location of the food truck park. 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 an open parking lot serving as the food truck park; south of the subject site is a daycare facility within the CRC district.
Figure 1. Zoning Map
PARKING ANALYSIS
There are 31 parking places (excluding the food truck parking area) as shown in figure 2.
Food Truck Park. The maximum allowed 10 food trucks will require 3 spots per food truck, i.e. 30 parking spots when at full capacity. Total requirement: 30 spots.
The VR gaming room accessory building occupies two parking spots and requires an additional 2 spots for patrons, for a total of 4.
Kathy’s Over Stock’s parking requirement, given its size of 1200-sf, and a minimum parking requirement of 1 per 275 sf, is 5 parking spots.
A total of 39 parking spots are required for the three uses referenced, where 31 parking spots are provided. There is a deficit of 8 parking spots.
There is space available to stripe for the 8 additional parking spots in the vicinity of the retail center. Any plans for restriping will require the approval of the community development department for code compliance, and Cobb’s FMO, and must include 1 ADA parking spot. Striping for additional parking was previously stipulated in the approval for Kathys Overstock.
APPROVED FOODTRUCKS
The commissary kitchen is approved to house a maximum of 6 food trucks by Cobb Douglas Public Health. Those trucks have completed the necessary Community Development requirements to be permitted to operate at the Food Truck Park.
|
KHAN'S HALAL FOOD LLC |
L&M CATERING SERVICE |
|
WHITE'S CATERING LLC |
NONNA B'S ITALIAN FAVORITES LLC |
|
OMA MARGOT'S |
AUGGIES STREET TACOS |
Table 3. Food Trucks Permitted by the Community Development Dept.
AREAS OF CONCERN
Outdoor Storage. Unsightliness due to various unscreened items, an unscreened outdoor sink, and furniture remain an issue at the subject site. The storage unit shipping container is also unscreened. Stipulations #19 (PZ 23-018)
19. Free-standing chairs and other temporary furniture shall be stored overnight in an approved enclosed structure.
21. Adequate trash receptacles shall be provided on the premises to dispose of food wrappers, food utensils, paper products, cans, bottles, food and other such waste. Such receptacles shall be located no more than ten feet from each food truck. The food truck park operator shall be responsible for removing all trash, litter and refuse from the site at the end of each business day.
15.Applicant to provide screening plan(s) for storage unit and dumpster area, subject to review and approval by the City of Powder Springs Community Development Department.
Unauthorized Grills. Staff concerns related to the number and type of grills were mitigated by stipulation #20; however, issues related to unauthorized grills were reported at the food truck park.
20. No grills outside of mobile unit are allowed, except if approved or authorized by Cobb Douglas Public Health and associated with an operating mobile food unit.
Completed Tenant Occupancy.
A section of the building, between the commissary and the retail center, has not been reviewed by the Fire Marshall’s Office. Floor plan shown in figure 3. It was stipulated in the conditions of approval for Kathys Over Stock Retail Center (PZ 24-010, 04/01/2024) that:
3.The applicant shall submit plans for review and approval to the Cobb County Fire Marshal’s Office for the Tenant Occupancy process.
Lack of Signage.
The operation lacks proper signage. The business operation and general aesthetics would benefit from the professional installation of signage on the building. Stipulations #12 (PZ 23-018):
12. Applicant to permit any proposed signage with the City of Powder Springs. This initial sign may be a temporary sign, subject to the time limit provisions of the special event/temporary sign code, after which the applicant must install a permanent sign.
Unscreened Storage Unit, Unscreened Dumpster.
The stipulations of approval currently in effect envisioned screening of the shipping container storage unit, and construction of the dumpster enclosure. The dumpster enclosure has been permitted and is under construction; however the storage unit shipping container remains unscreened.
15. Applicant to provide screening plan(s) for storage unit and dumpster area, subject to review and approval by the City of Powder Springs Community Development Department.
9. Dumpster and grease trap enclosure shall be compliant with the City's development standards (Section 5-5.9) within six months of the issuance of the Occupational Tax Certificate.
Alcohol Prohibition.
It was stipulated that, “#16. No alcohol is to be consumed or sold on the premises…” The Beer Garden Ordinance has been adopted and the applicant is interested in seeking a beer garden alcohol license, which would approve the outdoor consumption of beer and wine within a separated and controlled area. It was previously stipulated that:
16. No alcohol is to be consumed or sold on the premises. If the City of Powder Springs amends its alcohol beverage ordinance to allow the beer garden or outdoor alcohol licenses, then the applicant may apply for said alcoholic beverage license if the applicant meets the requirements. If the applicant meets those requirements and obtains the required local and state permits and licenses for alcoholic beverage sales, then the alcoholic beverages may be consumed and sold on the premises upon the issuance of the said license, subject to all local and state requirements.
Overnight Storage of Food Trucks.
Unscreened storage of food trucks is allowed within the food truck park on the vacant lot; for food trucks with a one-year lease and that are open to the public on a regular basis. The storage of food trucks going forward would continue and there is no requirement for the screening of food trucks behind the building.
10. Overnight storage of food trucks on 3980 Austell Powder Springs Road shall be for trucks with a signed one year’s lease and must serve the public from this location at least 3 days per week. Overnight storage location for the food trucks shall not be visible from the Austell Powder Springs Road
Additional Parking.
The parking analysis determined that 8 additional parking spots are required. Also, the installation of the grease trap disturbed the parking lot and restriping is required in that area. It was previously stipulated (PZ 24-010, 04/01/2024) that:
5. The applicant shall stripe for a minimum of 14 additional parking spots, to include at least 1 ADA parking spot, in the vicinity of the retail center area where there is available room. This will be subject to review and approval by the Community Development Department, and Cobb County’s Fire Marshall’s Office.
Figure 2. Site Plan
Figure 3. Floor Plan. 3982 Building.
ANALYSIS:
The application was reviewed against the following criteria:
1. 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. A commissary kitchen is allowed use; however, outdoor storage nor outdoor recreation associated with a food truck park is not allowed in the CRC zoning district. The purpose of the special use request is to mitigate conflicts between uses allowed by right, and special uses established within the zoning district.
2. 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 establishment of the special use impacts the normal and orderly development of surrounding property. The outdoor uses are not consistent with uses that prevail in the area, and there is a real potential for nuisances to neighboring properties related to noise, unsightliness of the food truck site, etc.
3. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
The food truck park represents a positive redevelopment/repurposing of a vacant property that provides entertainment and dining opportunities for residents and visitors. To ensure adherence to development standards for commercial properties, the applicant should install permanent signage, complete screening of dumpster enclosure, and screen shipping containers with landscaping. The applicant should utilize permanent commercial style outdoor furniture only, and take steps to eliminate opportunities for visible clutter and unsightly conditions.
4. Is or will the type of street providing access to the use be adequate to serve the proposed special use?
Austell Powder Springs Road will provide adequate access for the proposed special use. Given the existence of 58 onsite parking places, internal circulation should prove adequate as well.
5. 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?
Access to the site, and internal circulation is adequate. It is Staff’s opinion that the applicant’s willingness to hire Powder Springs police officers to coordinate during special events, will improve conditions for traffic and pedestrian safety.
6. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
Public facilities and infrastructure are adequate to serve the proposed use.
7. 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 dumpster enclosure has been permitted. No adverse effects to adjacent property have been reported.
8. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
It is Staff’s opinion that adjacent properties are zoned and being used for commercial purposes; therefore, the hours of operation, as may be recommended, should not have any adverse effect on such properties.
9. 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 special use established the use of a repurposed shipping container. Opportunities exist to partially the screen the visibility of said container with landscaping.
STAFF RECOMMENDATION: Staff recommends denial. Should approval be considered, staff proposes the following conditions with the following conditions:
1. The special use approval is for the food truck park, outdoor storage of food trucks, and the use of a modified shipping container for a storage unit / point of sale. Also included is the VR Gaming Experience (PZ23-027), and Kathy’s Overstock (PZ24-010); for which the original stipulation of approval remain in effect, except where replaced here in.
2. The special use approval is valid for one year from the date of approval. The applicant must reapply for special use prior to expiration and is subject to all provisions of the Food Truck Park Specific Use Provisions, Sec 4-146.
3. Special Events require a Temporary Event Permit issued by the City of Powder Springs, on a case-by-case basis. No temporary event shall be approved while open code enforcement violations exist. All code enforcement concerns / warnings / violations must be addressed expeditiously.
4. Except where approved by Special Event Permit, sound levels shall not violate Sec. 10-51 of the code of ordinances. The food truck park shall not permit the operation of any sound source in such a manner as to create a sound level that exceeds the sound level limits set forth in the table below, when measured at the real property line of the receiving property using the slow response setting unless otherwise noted. Such a sound source would constitute a noise disturbance.
|
Receiving Property Category |
Time |
Sound Level Limit (dBA) |
|
Residential, public space, institutional, or noise sensitive facility |
7:00 a.m.-11:00 p.m. 11:00 p.m.-7:00 a.m. |
60 55 |
|
Commercial or business |
7:00 a.m.-11:00 p.m. 11:00 p.m.-7:00 a.m. |
65 60 |
|
Industrial or manufacturing |
At all times |
70 |
5. Applicant to provide screening plan(s) for storage unit shipping container, to include additional outdoor screening where applicable, subject to review and approval by the City of Powder Springs Community Development Department. Landscape Screening shall be installed within 60 days of the date of this approval.
6. The applicant shall submit an external lighting plan subject to review and approval by the City of Powder Springs Community Development Department. External lighting shall be installed within 60 days of the date of this approval.
7. The applicant shall stripe a minimum of 8 additional parking spots, to include at least 1 ADA parking spot, in the vicinity of the retail center area where there is available room. This will be subject to review and approval by the Community Development Department, and Cobb County’s Fire Marshall’s Office. Restriping shall be completed within 60 days of the date of this approval.
8. Plans shall be submitted for review and approval to the Cobb County Fire Marshal’s Office for the Tenant Occupancy process. Tenant occupancy shall be completed within 60 days of the date of this approval.
9. The applicant must professionally install a permanent sign. The applicant shall submit a sign permit application subject to review and approval by the City of Powder Springs Community Development Department. Permanent signage shall be installed within 60 days of the date of this approval.
10. Food service shall come from food trucks and approved vendors, only. All operating mobile food units must be licensed by the City of Powder Springs and must meet all Health Department requirements or Department of Agriculture, whichever is applicable. Food vendors without a mobile unit are prohibited, except by approved Special Event Permit.
11. No perimeter or front yard fencing is allowed. Any proposed interior fencing (including materials and height) shall be subject to approval from to the Community Development Department, subject to Design Review and approval and shall only be permitted if required by any other section of the Unified Development Code or Code of Ordinances.
12. Food trucks shall not be permitted to operate on the premises before 8:00 a.m. or after 10:00 p.m.
13. Parking Ratio: The site must maintain a minimum of 3 available customer parking spaces per operating food truck.
14. A maximum of 10 food trucks are allowed on site at any given time.
15. A maximum of 6 food trucks are allowed to be stored overnight in the food truck parking area.
16. A maximum of 2 grills are allowed on the site without the approval of a temporary event permit, if approved or authorized by Cobb Douglas Public Health and associated with an operating mobile food unit.
17. Adequate trash receptacles shall be provided on the premises to dispose of food wrappers, food utensils, paper products, cans, bottles, food and other such waste. Such receptacles shall be located no more than ten feet from each food truck. The food truck vendor shall be responsible for removing all trash, litter and refuse from the site at the end of each business day.
18. Applicant to utilize City of Powder Springs police officers to control traffic and ensure safety with pedestrian users of the proposed FUTURE trail on a case by case, event by event basis.
19. The sale of alcohol is subject to the approval of a Beer Garden Alcohol License. No alcohol to be consumed or sold on the premises the premises until or unless the alcohol beer garden alcohol licenses is approved. The applicant shall demonstrate compliance with code enforcement for 6 months and not be in code enforcement probation before the issuance of any alcohol license.
20. The applicant must maintain control of both parcels, by lease or ownership, to continue the special use. The approval is nullified if 3982 Austell Powder Springs Road is not controlled by the applicant. Should said property change ownership to someone other than the applicant, the approval is nullified.
If the approval is nullified due to changes in control, the applicant must reapply for special use approval to continue the use.
Should the applicant purchase said property, then the lots must re-platted via the Lot Combination Application process.
21. Should the special use approval for the food truck park be nullified, then the special use approval for the VR game room will also be nullified.
22. No additional uses or business licenses permitting on the property without council approval. This site has not been approved for catering or special event facility.