CASE NUMBER: PZ 24-010
APPLICANT: Leticia and Moises Cardenas, Kathy's Overstock Retail Center.
SPECIAL USE: Permitted and Special Use Table (Table 2-3) requires a Special Use approval for the operation of a used merchandise retail business in the Community Retail Commercial (CRC) zoning district.
LOCATION: 3982 Austell Powder Springs Road, Powder Springs, GA
ZONING: CRC ACRES: 0.85 PIN: 19090500190
Staff Recommendation: Approval Planning and Zoning:
BACKGROUND: The Cardenas’ are the owners of the building and leased a portion of it to Eugene Idelette (Holla at Your Boy Food Truck Park) to utilize as a commissary. The applicant still utilizes a portion of the building to sell open box and used merchandise. The suite for the retail center is internally separated from the food truck commissary space by a roll-up door. Also, there is external access to the retail center by a roll-up door.
Kathy’s Overstock, the retail business, previously utilized the entire building, but the business didn’t perform as expected so they reduced the size of the operation, leased a portion of the building, and now interact with potential clients by appointment only or by retailing to foreign clients in Mexico.
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
Figure 2. Floor Plan.
PARKING ANALYSIS
There are 31 parking places (excluding the food truck park area) as shown in figure 3.
Food Truck Park. The maximum allowed 10 food trucks will require 30 parking spots when at full capacity. Overnight storage of food trucks require a maximum of 6 spots. Total requirement: 36 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 45 parking spots are required for the three uses referenced, where 31 parking spots are provided. There is a deficit of 14 parking spots.
There is space available to stripe for the additional parking spots at the southern area of the property, in the vicinity of the retail suite. Striping for additional parking was previously proposed by the operators of the food truck park and VR gaming room.
Figure 3. Site Plan
SPECIAL USE 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. 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.
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 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.
3. 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.
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.
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 in and out of the site is adequate in accommodating traffic flow and emergency vehicles. There is also adequate parking.
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?
The 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 proposed use is not expected to generate noise levels that will cause a nuisance to neighboring properties. The neighbors adjacent to the rear are a cemetery. The property features a dumpster area, internal bathrooms, adequate parking, and visual screening behind the building, where applicable
8. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The 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. The applicant proposes to operate by appointment only, and during regular business hours.
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 principal building on the property is consistent with patterns of commercial development in the area.
STAFF RECOMMENDATION: The use of warehousing/distribution is not allowed in the CRC district. Should you choose to allow this limited use as Used Merchandise Retail Sales, then staff recommends the following conditions.
1. All conditions of special use approval PZ 23-018 (July 17, 2023) and PZ 23-027 (January 16, 2024) for the food truck park and VR gaming experience remain in full effect.
2. This approval is unrelated to those approvals referenced in item #1, but will be subject for review when the others are renewed in July 2024.
3. The special use request to allow for the operation of a used merchandise retail business in the CRC zoning district is approved.
4. The applicant shall submit plans for review and approval to the Cobb County Fire Marshal’s Office for the Tenant Occupancy process.
5. The applicant shall establish a shared use agreement for the bathroom facilities at the commissary side of the building.
6. 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.
7. This approval will be subject to review and renewal when the Special Use Approvals for the food truck park, and VR game Room are up for renewal in July 2024.