Legislation Details

File #: PZ 26-003    Version: 1
Type: Special Use Status: Passed
File created: 12/10/2025 In control: Council Work Session
On agenda: 4/6/2026 Final action: 4/6/2026
Title: Application for Special Use for a package store on property at 4093 Marietta Street, Suite C within Land Lot 904, of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090400370.
Attachments: 1. Approved PZ 2026-003, 2. Work Session Minutes, 3. Alcohol Permit Survey, 4. GA State Rules for retail package liquor stores, 5. Application Redacted, 6. Picture of Site & Bldg, 7. 4093 neighbor list, 8. Updated Ad, 9. AD proof, 10. Affidavit, 11. Letter mailed to neighbors, 12. Pic of sign posted

CASE NUMBER:                      PZ26-003

APPLICANT:                     JATINKUMAR PATEL

SPECIAL USE REQUEST:                     To operate a package store in the Community Retail Commercial District (CRC), per UDC Table 2-3 which require package stores in CRC to have special use approval.

LOCATION:                     4093 Marietta St SW Ste C

ZONING:  CRC                     PIN:  19090400370

 

BACKGROUND: The applicant seeks to lease out Suite C to operate as a traditional package store offering beer, wine, and spiritous retail sales. The applicant indicated prior experience operating a package store for approximately ten years in Rome, GA, which was subsequently sold.

The City of Powder Springs Unified Development Code’s (UDC) Table 2-3 provides that Package Stores within the CRC zoning district require special use approval. Additionally, UDC Sec. 3-120(b1) & (b3), provides that, for a license for package wine, malt and spirituous beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence.

The subject location was a bar/restaurant known as Bimini Bay and it has been unoccupied since that business’s closure which was in October 2025.  To receive approval for an alcohol permit, the applicant must first receive approval to satisfy the zoning conditions for special use approval.

The subject location is approximately 475 feet to the nearest property line of a vacant parcel of land at 3948 Old Austell Rd. The subject property is also surrounded by CRC and Mixed-Use District (MXU) and across the street is CRC and MXU as well.  Behind the property and to the west is R-15 with the majority of residences being lived in.

Nearest Residence: Approximately 475 feet (vacant land with R-15 zoning), located at 3948 Old Austell Road. (Shown on Figure 3:  Applicant’s Alcohol Survey, larger blue dot)

AND

 4140 Atlanta Street, Approximately 866 feet (Shown on Figure 3:  Applicant’s Alcohol Survey, smaller blue dot)

Nearest Church: Approximately 1,081 feet (Calvary Baptist Church), located at 3988 Powder Springs Road (Shown on Figure 4: Applicant’s Alcohol Survey)

Nearest School: Approximately 4,078 feet (Compton Elementary School), located at 3450 New Macland Road. (Shown on Figure 4:  Applicant’s Alcohol Survey)

Per Ordinance Number 2021-023 The code of ordinances defines distance as, “the measure in lineal feet of the most direct route of travel on the ground by a pedestrian from the center of the nearest door of customer entry of the proposed license premises to the nearest property line of the church, school, park, public building, library, or residence. Such travel shall be measured as a straight line from the customer door to the property line and is not required to follow a line running along the nearest sidewalk or street route; provided that, when a straight line of travel would not be a customary and reasonable line of travel because of obstacles to such travel, the line of travel shall be angled around such obstacles and the distance shall be the sum of the segments of the line.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SURROUNDING AREA:  Figure 1:  Zoning Map     Figure 2:  Aerial Map 

Figure 3:  Alcohol Distance Survey (correct one)        Figure 4:  Alcohol Distance Survey (incorrect one)   Figure 5:  Future Land Use Map (FLUM)

 

Figure 1:  Zoning Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2:  Aerial Map

 

 

 

 

 

 

 

 

 

 

 

 

Figure 3:  Alcohol Distance Survey (Correct one)

 

 

 

 

 

 

 

 

 

 

Figure 4:  Alcohol Survey (incorrect one due to not measuring line distance)

 

Figure 5:  Future Land Use Map (FLUM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GA STATE LAW   (On Retail Package Liquor Store Distance)

 

In Georgia, state law generally requires new retail package liquor stores to be located

at least 100 yards (300 feet) from churches and 200 yards (600 feet) from schools,

colleges, and school grounds. Many local jurisdictions enforce stricter requirements,

often requiring 1,500 feet or more between package stores and specific distances

from other establishments.

Georgia.gov +5

Key location requirements and measurements:

? Distance between Package Stores: Often 1,500 feet (e.g., Atlanta) or up to one

mile in certain counties (e.g., Columbia County).

? Churches: Minimum 100 yards (300 feet).

? Schools/Colleges: Minimum 200 yards (600 feet).

? Measurement Method: Distances are generally measured by the most direct

route of travel on the ground, starting from the front door of the establishment

to the nearest public sidewalk/street, and then to the property line of the

church/school.

Georgia.gov +5

Note: Local ordinances (city/county) may differ from state law and often take

precedence if they are stricter, so always check local municipal codes.

 

 

 

 

 

 

 

ANALYSIS:   (APPLICANT)  Special Use Questions

 

(a)                     Consistency with the Purpose of the Zoning District

The proposed retail liquor store is consistent with the intent and purpose of the existing zoning district, which allows for commercial retail uses that serve the needs of the surrounding community. The store will operate as a regulated retail establishment and will complement other commercial businesses in the area. The proposed use supports local commerce while remaining consistent with the zoning district’s objectives.

(b) Impact on the Development of Surrounding Properties

The proposed retail liquor store will not impede the normal and orderly development of surrounding properties. The use is a typical commercial retail activity that operates similarly to other retail stores in the area. The establishment will be professionally managed and maintained to ensure it does not create negative impacts on neighboring properties. The project is expected to contribute positively to the local commercial environment.

(c) Consistency with Desirable Development Patterns

The location and character of the proposed retail liquor store are consistent with the development pattern of the surrounding area. The property is located within a commercial area where retail and service-oriented businesses are common. The store will maintain the appearance and operational standards expected in the area and will contribute to a well-organized commercial corridor.

(h) Hours and Manner of Operation

The hours of operation and manner of operation for the retail liquor store will be conducted in compliance with all City of Powder Springs regulations. The business will operate responsibly with proper management oversight. Measures will be implemented to ensure the property remains clean, safe, and orderly, and that operations do not create adverse impacts such as noise, lighting issues, or disturbances to nearby properties. 

 

 

ANALYSIS:  (STAFF)

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 Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan.  The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. While package stores may be permitted as a special use within the CRC district, approval requires a determination that the use aligns with the overall intent of the 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 surrounding area includes a mix of long-standing commercial uses, such as a gas station with accessory retail, a dry cleaner, and personal service establishments.  While these uses are legally established, the proposed package store may not support reinvestment or advancement of the development pattern envisioned for the CRC district. As proposed, the use may likely maintain existing development patterns rather than encourage broader redevelopment of the surrounding properties.

 

3.                     Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

The subject property is located along Marietta Street, which serves as a primary corridor leading into the City’s downtown area. Development along this corridor plays an important role in shaping the overall character and the perception of the community. While the proposed use may occupy an existing commercial space, it may not add to the development pattern that supports community-oriented or destination-style uses typically encouraged in this area.

 

 

 

 

 

4.                     Is or will the type of street providing access to the use be adequate to serve the proposed special use?

Yes.  The subject property has direct access to Marietta Street. The property has indirect access from Austell Powder Springs Road.

 

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?

The subject property may have adequate access for vehicular and pedestrian traffic and traffic flow.  Emergency vehicles may have adequate access as well.

 

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, safety providers, and public utilities may have adequate capacity to serve the proposed special 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?

Refuse, service, parking, and loading areas are existing and would remain unchanged. No exterior site improvements or changes in lighting have been proposed as part of this request. Any future lighting or site modifications shall comply with the City’s Unified Development Code (UDC).

 

8.                     Will the hours and manner of operation of the special use have no adverse effects on the other properties in the area?

The applicant proposes 10:00am to 10:00pm Monday thru Thursday. 10:00am to 11:00pm on Friday and Saturday and 12:30p to 8:30pm on Sundays. Surrounding uses are primarily commercial. However, residential properties are located behind and across the street from the site. While the proposed hours are similar to some nearby businesses, staff notes that the hours may extend later into the evening than certain surrounding businesses.

 

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 dimensional requirements are consistent with UDC, and compatible with commercial development that prevails in the subject area.

 

 

 

Staff Recommendation:  Approved with Conditions.

While the proposed package store may be permitted as a special use within the CRC zoning district, staff notes that, based on the survey provided by the applicant, a residentially zoned property (currently vacant) is located in proximity to the subject site and could be developed for residential occupancy in the future.  Additionally, existing residential properties are located immediately adjacent to the subject parcel. 

Given the proximity of residential zoning and established residences, Staff recommend that, if the Special Use is approved, the following conditions be imposed:

 

1.                     Restriction on Coin-Operated Amusement Machines (COAMs): The installation or operation of any “Bona Fide Coin-Operated Amusement Machine,” as defined by O.C.G.A. § 16-12-35 (including Class A or Class B machines), is strictly prohibited. The facility shall not function as an amusement game room or gambling destination.

2.                     Prohibition of Tobacco and Lottery Sales: The retail sale of all tobacco products, including cigarettes, cigars, and electronic nicotine delivery systems (vapes), is prohibited. Furthermore, the sale or redemption of lottery tickets and the sale of tobacco-related paraphernalia are prohibited.

3.                     Limitation on Ancillary Retail Sales: Retail sales shall be limited to packaged distilled spirits, wine, and malt beverages. The sale of non-alcoholic convenience items-including but not limited to snacks, ice, and magazines-is prohibited to ensure the use remains a specialized package shop rather than a convenience store. Mixers & Sodas:  Tonic water, club soda, ginger beer, fruit juices, and carbonated soft drinks intended for cocktail preparation are allowed to be sold.

4.                     Window Signage and Transparency Standards: All exterior windows shall remain clear and free of signage. This prohibition includes neon signs, product posters, and brand-specific window wraps. Interior displays must be set back to ensure an unobstructed view into the retail area from the public right-of-way.

5.                     Prohibition of Single-Serve Containers: The sale of single-serve alcoholic containers for off-premises consumption is prohibited. Malt beverages must be sold in manufacturer-sealed multi-packs (e.g., 4-packs or 6-packs). Distilled spirits shall not be sold in "miniature" or "airplane" bottles (50ml/100ml) and must be sold in containers of 375ml or larger.

6.                     Applicant understands that the hours of Operation shall be:  Mon-Fri 10:00am - 10:00pm Monday thru Thursday. Friday and Saturday 10:00am - 11:00pm.  Sunday 12:30pm - 8:30pm.