City of Powder Springs - File #: PZ 23--018

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
7/17/2023	1	City Council	approved	Pass	Action details	Meeting details	Not available

CASE NUMBER: PZ 23-018

APPLICANT: Eugene Idlett

SPECIAL USE REQUEST: To modify the conditions of approval of PZ23-006, April 3^rd, 2023.

LOCATION: 3980 and 3982 Austell Powder Springs Road, Powder Springs, GA

ZONING: CRC ACRES: 2.14 PIN: 19090500180 and 19090500190

Staff Recommendation: Approval, with conditions.

BACKGROUND: The applicant has requested to modify the conditions of Special Use approval of PZ23-006, April 3^rd, 2023. His proposed list conditions are included here in Appendix I. The initial special use request was intended to establish a food truck venue providing restrooms, commissary kitchen, eating and drinking areas.

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 has purchased the vacant property at 3980 Austell Powder Springs Road. The applicant also has long term lease with intent to purchase the existing building at 3982 Austell Powder Springs Road. There are a combined 58 parking spaces on both lots that will be available for the operation (10 for Food Trucks and 48 for visitors).

Mr. Idlett wishes to modify several of the previously approved conditions. The full list of his proposed conditions is in Appendix I, and a comparison by topic of the key stipulations that he proposes to modify, are highlighted in table 1.

	ADOPTED	PROPOSED
TIMING	1. The special use approval is valid for one year from the date of approval. The applicant must reapply for special use prior to expiration.	1. The special use approval is valid for Five year from the date of approval.


ALCOHOL	5/c. There shall be no alcohol service by the applicant.	2. The special use approval is for the food truck park, outdoor storage of food trucks, the use of a shipping container for a point of sale and the sale and consumption of alcohol.

	20. The sale of alcohol shall be prohibited.	16. The sale of alcohol shall be allowed by the applicant upon approval of alcohol license. Drinks must be served in plastic cups and can no larger than 16 ounces and can only be served between 6 p.m. and 10 p.m. during the week and 12 p.m. and 10 p.m. on weekends. No one will be allowed to take any drinks from the establishment at any time.


SHIPPING CONTAINER	5/b. There shall be no usage of repurposed containers for bars, nor other uses for the provision of services to the public. However, containers may be allowed for storage purposes only, subject to approval of the Community Development Department.	2. The special use approval is for the food truck park, outdoor storage of food trucks, the use of a shipping container for a point of sale and the sale and consumption of alcohol.


OUTDOOR STORAGE	10. Overnight storage of food trucks to be confined to areas marked on approved site plan at 3982 Austell Powder Springs Road. There shall be no overnight storage at 3980 Austell Powder Springs Road. The location of said overnight storage spaces subject to review and approval of the Community Development Department.	9. Overnight storage of food trucks shall be for trucks with a signed one year’s lease located on 3980 Austell Powder Springs Road.


OTHER	3. The submitted site plan is not approved. A revised site plan shall be submitted, subject to review and approval by the Community Development Department. The applicant will work with staff to determine the optimal location of site features.	3. The submitted site plan is approved.

SURROUNDING AREA: Please see Figure 1-Zoning Map. Please also see Figures 2: updated site plan, and Figure 3: example of proposed shipping container building.

Figure 1. Zoning Map

Figure 2. Updated Site Plan

Figure 3. Example of proposed shipping container building.

Figure 4. Aerial View

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? It is Staff’s opinion that they proposed use of the property for eating and drinking that includes entertainment, is consistent with the Community Retail Commercial 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? Given that the applicant is agreeable to coordinating the location of the structures with the current trail planning efforts, as well as providing visible screening for portable storage unit that will house the eating and drinking area when not in use, it is Staff’s opinion that the establishment of the special use will not impede the normal and orderly development of surrounding property.

3. Is the location and character of the proposed special use consistent with a desirable pattern of development in general? It is Staff’s opinion the applicant’s proposal represents a positive redevelopment/repurposing of a vacant property that will provide for a desirable development pattern. It is also Staff’s opinion that the applicant’s proposal will provide an amenity to the trail currently being planned along Austell Powder Springs Road.

4. Is or will the type of street providing access to the use be adequate to serve the proposed special use? It is Staff's opinion that 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? It is Staff’s opinion that the applicant’s willingness to hire Powder Springs police officers to coordinate traffic with pedestrian activity that may occur along the proposed trail, will prove adequate 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? It is Staff’s opinion that 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? Given the applicant’s willingness to coordinate the location of structures (to accommodate trail), as well as providing screening for the portable storage unit when not in use and the dumpster area, no adverse effects on adjacent property are anticipated.

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? Given that the existing building on site will be utilized and supplemented with a portable storage unit (as shown in figure 2) and a proposed stage (as shown in Figure 3) both of which are less than one story in height, no adverse effect on neighboring properties is anticipated. It is also Staff’s opinion that given the applicant’s willingness to coordinate the location of structures (to accommodate trail), as well as providing screening for the portable storage unit when not in use and the dumpster area, no adverse effects on adjacent property are anticipated.

STAFF RECOMMENDATION: Approval, with the following conditions:

1. 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.

2. 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 point of sale.

3. Modified shipping container shall be subject to the requirements for commercial building permit and meet other applicable state requirements.

4. Events with amplified sound 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.

5. The submitted site plan, prepared by MySitePlan.com, annotated with City of Powder Springs approval conditions and Cobb Fire Marshal’s Office (FMO) approval conditions, is approved.

6. 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.

7. The following items are prohibited:

a. There shall be no perimeter fencing associated with this use.

b. Ter shall be no fencing on site, except where required by other applicable code provisions.

8. Food trucks shall not be permitted to operate on the premises before 8:00 a.m. or after 10:00 p.m.

9. Parking Ratio: The site must maintain a minimum of 3 available customer parking spaces per operating food truck.

10. A maximum of 10 food trucks are allowed on site at any given time.

11. Permanent bathrooms shall be provided within three months of issuance an Occupational Tax License. The number of stalls subject to the approval of Cobb Douglas Public Health, and the City of Powder Springs. The minimum number of permanent bathroom stalls shall be 4 in total. If necessary, the use of portable toilettes is subject to the approval of a Special Event Permit.

12. The applicant shall install indoor restroom facilities with a minimum of 4 total stalls for public use, within three months of issuance an Occupational Tax License. Portable toilets will only be allowed for permitted special event usage thereafter.

13. Following a period of one year, i.e., after a second consecutive Special Use Approval, the applicant shall further develop and/or make the following items permanent:

a. Permanent signage, compliant with the City’s development standards.

b. Dumpster and grease trap enclosure. Applicant to provide screening plan for grease trap and dumpster area, compliant with the development standards of Article 5 of the development code.

c. Additional landscaping or ground cover improvements to outdoor dining areas or other areas deemed necessary by the Community Development Department, compliant with the City’s development standards.

14. Overnight storage of food trucks shall be confined to marked areas screened by the building at 3982 Austell Powder Springs Road. There shall be no overnight storage at 3980 Austell Powder Springs Road, except by Special Use Approval for operating food trucks that have a signed one-year lease.

There shall be no overnight storage of temporary furniture.

15. No grills are allowed, except if approved or authorized by Cobb Douglas Public Health and associated with an operating mobile food unit.

16. 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.

17. Applicant to permit all kitchen, food truck and restroom facilities with Cobb and Douglas Public Health.

18. The external lighting plan for the food truck park shall be submitted to the Community Development Department for review and approval.

19. Applicant to utilize City of Powder Springs police officers to control traffic and ensure safety with pedestrian users of the proposed trail on a case by case, event by event basis.

20. For the proposed stage, the applicant shall provide building plans, elevations / renderings, site location plan, and building permit application, subject to building permit review and approval by the City of Powder Springs Community Development Department.

21. The sale of alcohol shall be prohibited. No alcohol to be consumed or sold on the premises the premises until or unless the alcohol ordinance is amended to allow the beer garden or outdoor alcohol licenses.

22. 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.

Appendix I. List of applicant’s proposed conditions.

1. The special use approval is valid for Five year from the date of approval.

2. The special use approval is for the food truck park, outdoor storage of food trucks, the use of a shipping container for a point of sale and the sale and consumption of alcohol.

3. The submitted site plan is approved.

4. Food service shall come from food trucks and approved vendors. Providers must be licensed with the City of Powder Springs and authorized to operate.

5. The applicant must comply with the Food Truck regulations of UDC Sec. 4-145, except

that:

a. On weekdays, hours of operation are limited to 8am to 10 pm, to allow for

b. the operation of breakfast providers.

c. On weekends, hours of operation are limited to 8 am to 10 pm.

d. The applicant is allowed to exceed 6 hours of operation.

e. Maximum of 10 food trucks on site at any time.

6. Parking Ratio: The site must have a minimum of customer 4 available customer parking spaces per operating food truck. This ratio will determine the maximum number of allowed food trucks and will be determined at site plan review.

7. The applicant shall install multi-stall indoor restrooms for public use, within three months of issuance an Occupational Tax License. Portlets will be allowed for permitted special event.

8. Dumpster and grease trap enclosure, compliant with the City's development standards.

9. Overnight storage of food trucks shall be for trucks with a signed one year’s lease located on 3980 Austell Powder Springs Road.

10. Applicant to coordinate and permit necessary construction with the Cobb County Fire Marshal, Cobb County Water System, the City of Powder Springs, and Cobb and Douglas Public Health.

11. 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.

12. Applicant to permit all kitchen, food truck and restroom facilities with Cobb and Douglas Public Health.

13. Any proposed interior security fencing (including materials and height) shall to the Community Development Department, subject to Design Review and approval.

14. Applicant to utilize City of Powder Springs police officers to control traffic and ensure safety with pedestrian users of the proposed trail on a case by case, event by event basis.

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.

16. The sale of alcohol shall be allowed by the applicant upon approval of alcohol license. Drinks must be served in plastic cups and can no larger than 16 ounces and can only be served between 6 p.m. and 10 p.m. during the week and 12 p.m. and 10 p.m. on weekends. No one will be allowed to take any drinks from the establishment at any time.

17. All structures subject to design review and permitting.

18. The applicant must maintain control of both parcels, by lease and/ 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 have said property, then the lots must re-platted via the Lot Combination Application process.

The preceding is a list of applicant’s proposed conditions.