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File #: PZ 26-003    Version: 1
Type: Special Use Status: Tabled
File created: 12/10/2025 In control: City Council
On agenda: 4/6/2026 Final action:
Title: Special Use 4093 Marietta St Ste C
Attachments: 1. Work Session Minutes, 2. Application Redacted, 3. Picture of Site & Bldg, 4. 4093 neighbor list, 5. Updated Ad, 6. AD proof, 7. Affidavit, 8. Letter mailed to neighbors, 9. Pic of sign posted, 10. Staff Report

CASE NUMBER:                      PZ26-003

APPLICANT:                     JATINKUMAR PATEL

SPECIAL USE REQUEST:                     To operate a package store in the Community Retail Commercial District (CRC), per 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 264 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.

 

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

Alcohol Distance Survey:  Figure 3       Future Land Use Map (FLUM):  Figure 4

 

 

 

Nearest Residence: Approximately 264 feet (vacant land with R-15 zoning), located at 3948 Old Austell Road. (Shown on Figure 3:  Applicant’s Alcohol Survey)

AND

 4140 Atlanta Street, Approximately 350 feet (Shown on Figure 3:  Applicant’s Alcohol Survey)

Nearest Church: Approximately 1,081 feet (Calvary Baptist Church), located at 3988 Powder Springs Road (Shown on Figure 3: Applicant’s Alcohol Survey)

Nearest School: Approximately 505 feet (Compton Elementary School), located at 3450 New Macland Road. (Shown on Figure 3:  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.”

 

 

 

 

 

 

 

 

 

 

 

 

The current zoning is CRC (Community Retail Commercial).               Figure 1:  Zoning Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2:  Aerial Map

 

 

 

 

 

 

 

 

 

 

 

Figure 3:  Alcohol Distance Survey

 

 Figure 4:  Future Land Use Map (FLUM)

 

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 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. In this case, the proposed package store may not introduce a use that supports longer visit times, or interaction with surrounding businesses.  Given the properties’ location along a major corridor and its proximity to the downtown area, the proposed usage may not further the long-term planning goals for CRC designated properties.

 

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 heart of 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 traffic; however, pedestrian access and circulation are limited. Pedestrian activity may occur in an area not designated to safely accommodate increased foot traffic.

 

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 11:00pm on weekdays and 12:30p to 8:00pm 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: 

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:

 - No security bars on exterior windows

-  No single-serving alcohol sales