City of Powder Springs - File #: PZ 23--006

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
4/3/2023	1	City Council	approved	Pass	Action details	Meeting details	Not available
3/27/2023	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/9/2023	1	Planning & Zoning Commission			Not available	Meeting details	Not available

CASE NUMBER: PZ 23-006

APPLICANT: Eugene Idlett

SPECIAL USE REQUEST: Allow outdoor storage and outdoor entertainment venue.

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

ZONING: CRC ACRES: 2.14 PIN: 19090500180 and 19090500190

Staff Recommendation: TABLING to allow time for the preparation of detailed site plan, and commissary kitchen layout plan.

Planning and Zoning Recommendation: The vote on the motion to table did not affirm 2 - 4, therefore the motion failed. The case was moved forward to City Council with a DENIAL recommendation.

BACKGROUND: Applicant is requesting a Special Use Request to establish a food truck venue providing restrooms, commissary kitchen, eating and drinking areas (via portable storage unit with required refrigeration equipment that will be visibly screened from view when not in use) and a small stage for live entertainment. Neither the portable storage unit used for eating and drinking nor small stage for live entertainment shall be placed on or within any of the existing onsite parking spaces. Applicant intends to sell alcohol as part of the operation and is agreeable to complying with city requirements to do such (including any potential code amendments that may be necessary). Applicant has informed staff that the goal is to establish an operation like those existing along the Atlanta Beltline. Photos of the eating and drinking area (via portable storage unit) as well as the proposed stage for live entertainment are attached as Figures 2 and 3.

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 (Appendix 1). The applicant’s proposed commissary kitchen is a 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.

The applicant has a contract to purchase the vacant property at 3980 Austell Powder Springs Road. 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) There is the potential to increase the total number of spaces by restriping. The applicant will utilize an existing kitchen inside of the building, with upgrades to accommodate a commissary kitchen subject to Cobb Health Department approval. Pursuant to Health Department regulations, applicant will also upgrade existing restrooms inside of the building for use by the patrons. Applicant is also agreeable to providing portable toilets as may be necessary to accommodate larger gatherings. Applicant is aware of current plans to establish a trail along Austell Powder Springs Road and is agreeable to accommodating the trail by relocating structures in accordance with the necessary right of way of the trail. Applicant is also agreeable to hiring 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. For security purposes, applicant is agreeable to installing a fence (materials and height subject to staff approval) around the boundaries of the 3980 Austell Powder Springs Road parcel. Applicant is agreeable to locating and screening a permanent dumpster on the site, and limiting the number of food trucks to no greater than 10 at any time. Applicant has all the necessary equipment (Point of Sale) for the eating and drinking area and proposes low intensity lighting on the site, subject to review and approval by city and county staff.

SURROUNDING AREA: Please see Figure 1-Zoning Map. Please also see Figures 2 and 3-Photos of eating and drinking area (via portable storage unit) and stage for live entertainment and Figure 4-Aerial view of site. Figure 5, site plan.

Figure 1. Site plan

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: TABLING to allow time for the preparation of a detailed site plan, and commissary kitchen layout plan. At the planning and zoning public hearing, the vote on the motion to table did not affirm 2 - 4, therefore the motion failed. The case was moved forward to City Council with a denial recommendation.

Should approval be considered, the following conditions are proposed:

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.

2. 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.

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

a. On weekdays, hours of operation to be limited to 6 pm to 10 pm so to avoid conflicting with adjacent Childrens Enrichment Center operation.

b. On weekends, Hours of operation limited to 12 pm to 10 pm. The applicant is allowed to exceed 6 hours of operation.

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

4. Overnight storage of food trucks to be confined to the marked parking spaces behind the building at 3982 Austell Powder Springs Road and is limited to a maximum of 6 food trucks. There shall be no overnight storage at 3980 Austell Powder Springs Road.

5. Applicant to provide restriping plan for both parking lots, subject to review and approval by the Community Development Department. The 6 designated overnight storage spots behind the building must be marked by signage.

6. Applicant to coordinate and permit necessary construction with the Cobb County Fire Marshal, Cobb County Department of Transportation, the City of Powder Springs, and Cobb and Douglas Public Health.

7. Applicant to permit any proposed signage with the City of Powder Springs.

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

9. Applicant to submit plan for security fencing (including materials and height) around the 3980 Austell Powder Springs Road parcel the Community Development Department, subject to Design Review and approval.

10. Any low intensity lighting has to be approved by the City of Powder Springs Community Development Department and the Cobb County Department of Transportation.

11. 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.

12. 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.

13. Applicant to provide elevations, and renderings and site location plans for the proposed stage, repurposed container unit, subject to review and approval by the City of Powder Springs Community Development Department.

14. Applicant to obtain all necessary city, county and state permits required for the sale of alcohol.

15. All structures subject to design review and permitting.

Appendix 1.

Sec. 4-145. Food Truck.

(a) Motor vehicle tag. A food truck must have a valid tag from the state’s division of motor vehicles.

(b) Food service rules. Food trucks shall operate in accordance with the State of Georgia’s Rules and Regulations Food Service - Chapter 290-5-14, Manual for Design, Installation and Construction, Section U - Special Food Service Operations.

(c) Health Department license, permit or approval. The operator of a food truck shall make application for a license or permit as may be required to the Cobb County Health Department, and the applicant shall submit evidence of health department approval as part of an application for a zoning permit. No food truck shall operate without a health department permit or approval.

(d) Zoning restrictions and zoning permit. Food trucks are permitted in certain zoning districts as indicated in article 2, Table 2-3 of this development code. A food truck shall not be located on a vacant lot. A zoning permit for a food truck shall be applied for and must be received from the director of community development prior to operation. No more than two food trucks may operate simultaneously on any lot of record, and no lot shall be approved for more than two spaces or areas for food truck operations.

(e) City business license. A city business license shall be required to operate a food truck.

(f) On-site location requirements.

1. Food truck operators shall obtain the signed approval of the property owner for each location at which the food truck operates. Such approval must be made available for inspection upon request.

2. The location for the parking and operation of food trucks must be approved by the community development director. The approved location must be marked on a site or plot plan of the lot on which it is located, and the community development director may require the food truck location on the ground to be marked with paint, tape, chalk, or any other easily identifiable material.

3. Food trucks shall be located no less than 10 feet from any fire hydrant, sidewalk, utility box, handicap ramp, or building entrance. No fire lane, vehicular access way, or pedestrian walkway shall be obstructed or encroached upon by the food truck or its operational area. Food trucks shall not park in handicapped accessible parking spaces; a food truck may be permitted to occupy any other private parking space, unless it is determined by the community development director that parking demand may exceed supply at the subject location while the food truck is operating.

(g) Location restrictions from certain adjacent uses. Except for properties zoned in the Central Business District (CBD). No food truck shall operate (as measured in a straight line from property line to closest point of the approved food truck location, where distances are specified):

1. Within 750 feet of a public or private elementary, junior or high school while school is in session.

2. Within 150 feet of a property with a single or two-family residential dwelling.

3. Within 150 feet of a restaurant entrance, unless a waiver is granted by the owner of property on which the restaurant is located.

4. Within 300 feet of a city, county, state or private park or open space, unless a temporary permit is granted by the city manager.

5. On a public or private street, or on in a city park or other open space, unless a temporary permit is granted by the city manager. The city manager is authorized to promulgate additional rules and regulations for the issuance of temporary permits for food trucks on public streets and public properties.

6. On the grounds of a school, unless authorized by the school’s administration as part of a school-authorized function.

(h) Operational Limitations. Food trucks shall comply with the following:

1. Food trucks shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

2. Food trucks shall be limited in their operation to a maximum of six consecutive hours per day at any single location.

3. Food trucks shall not be parked in an approved operating location overnight and shall not be parked longer than one hour before or after allowable hours of operation; a food truck shall not be in a set-up/start-up or break-down/ close-up mode between the hours of 11:00 p.m. and 6:00 a.m.

4. No food truck shall be permitted to have a vehicular drive-through facility or drive-up window.

5. No amplified microphones or bullhorns shall be permitted as part of the food truck operation.

6. The food truck must be self-contained with regard to water and sanitary sewer needs; no temporary potable water or sanitary sewer shall be permitted.

7. Signage and advertising shall be limited to copy on the food truck itself, and one “sidewalk” sign as defined in the city’s sign regulations, not to exceed four square feet of area, located only within the operational area approved by the community development director. Such signage shall be in addition to that approved for the principal use on the lot.

8. All associated equipment, such as trash receptacles and signage, must be confined within the operational area approved by the community development director.

(i) Sanitation. Food truck operators shall be responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles shall not be used for this purpose. Operators shall remove all waste and trash prior to leaving each location or as needed to maintain the health and safety of the public.