Title
Special Use Approval - Tani Soni, LLC / Gurjit Singh
3721 New Macland Road, Suite 600
Package Store.
Body
Prepared By: Community Development
Recommendation: Approval with conditions:
1. Wall signage shall be consistent with others in the shopping center and shall have white letters.
Background: The subject property is located at 3721 New Macland Road, Suite 600. The property is zoned CRC. The CRC district is intended to implement the “community activity center” future development established by the comprehensive plan. The CRC zoning district is established to accommodate commercial uses serving a city wide or regional market. The property is surrounded by MDR and R-20 Zoning Districts located in the city. A package store according to Article 3 “Use Definitions” of the City of Powder Springs UDC can be defined as “A store that sells alcoholic beverages in sealed containers for consumption elsewhere; a liquor store”.
On October 24, 2017, Gurjit Singh representing Tani Soni, LLC filed an application for Special Use approval to allow a package store to move in to 3721 New Macland Road, Suite 600.
Fiscal Impact: The subject property is located along New Macland Road and Richard Sailors Parkways surrounded by commercial permitted establishments. The existing water and sewer services are sufficient to serve the proposed use. Public facilities are adequate to serve the proposed commercial use. An increase in traffic flow to and from the site is not highly anticipated by this application.
Analysis:
The suite is currently vacant, and a package store is a permitted use in a CRC zoning district by Special Use Approval (see Table 2-3 of UDC).
Sec. 4-250. Retail Package Sales of Distilled Spirits. No new retail package liquor licensed place of business shall be located, and no existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits shall be relocated, unless it is established in a location at least 500 yards from any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this OCGA 3-4 (Reference: O.C.G.A. 3-4-49).
The current special use request is consistent with Sec. 4-250 of the UDC. The current location is not located within 500 yards from any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. The closest package store is Powder Springs Bottle Shop located at 3217 New Macland Road, Suite 30.
a. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
The property is currently zoned CRC. The CRC district is intended to implement the “community activity center” future development established by the comprehensive plan. The CRC zoning district is established to accommodate commercial uses serving a city wide or regional market. The code allows the use after special use approval.
b. 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 surrounding properties are mostly retail commercial establishments, and thus, a package store would not impede the normal and orderly development of the surrounding property for uses predominated in the area.
c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
No new construction or clearing is associated with this special use request.
d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?
Access is provided to the site from New Macland Road, which accesses Richard Sailors Parkway. The road is adequate to serve the use as proposed.
e. 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?
Vehicular access to the site is deemed appropriate. Access to the property for emergency vehicles is easily achieved via direct connection to Richard Sailors Parkway and New Macland Road. No concerns is anticipated from the Cobb County Fire Marshal's office with this request.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?
The proposed use poses no impact to local schools. Other public services will be adequate to serve the proposed use. No concerns is anticipated from the Cobb County Fire Marshal's office with this request. Public works does not have concerns with utilities for this request.
g. 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?
Adverse effects such as noise, light glare or odor are not anticipated with this special use.
h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The hours of operation will be in keeping with hours of operation of the surrounding businesses.
i. 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 will not occur within a building or structure. The property location is an existing building, and thus, no new construction, alterations, or additions are anticipated. The applicant will go through a normal tenant occupancy process.
Summary:
It appears that the standards for special use are met, and conditions of approval satisfied.
1. Wall signage shall be consistent with others in the shopping center and shall have white letters.