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File #: PZ 24-012    Version: 1
Type: Special Use Status: Passed
File created: 4/3/2024 In control: City Council
On agenda: 7/15/2024 Final action: 7/15/2024
Title: Special Use Request to operate a package store in CRC, per UDC table 2-3 which require package stores in CRC to have special use approval. The property is located at 4481 Hiram Lithia Springs Road SW, within land lot 1046 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19104600250.
Indexes: MIT FY 24 - Managed Growth
Code sections: Table 2-3 - Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts
Attachments: 1. Executed PZ 24-012, 2. Special Use Application Redacted, 3. 4481 Hiram Lithia Springs Road SW Property Survey (August 1994) Redacted, 4. Alcohol Distance Survey - 4481 Hiram Lithia Springs Road SW (Updated) Redacted, 5. Alcohol Distance Variance Approval. Executed motion. PZ23-022
Related files: PZ 23--022, AL-24-004

CASE NUMBER:    PZ 24 -012

APPLICANT: BJ Package Inc., Balbir Sahdra.

SPECIAL USE REQUEST: To operate a package store in CRC, per UDC table 2-3 which require package stores in CRC to have special use approval.

LOCATION:  4481 Hiram Lithia Springs Road SW

ZONING:     CRC                                          ACRES:  1.75 ac                      PIN: 19104600250

 

Staff Recommendation: Approval.                          Planning and Zoning:

 

BACKGROUND:  BJ package has operated continuously at 4400 Brownsville Road, Suite 106, since 11/24/2004. They operate as a traditional package store, offering beer, wine, and spirituous retail sales. The applicant seeks to grow their business operation by purchasing the standalone structure located at 4481 Hiram Lithia Springs Road and relocating from the nearby the Brownsville Plaza location. The applicant commented that, “I’m looking to expand my growing business to better meet the demand in the community.”

The City of Powder Springs Unified Development Code’s Table 2-3 provides that Package Stores within the CRC zoning district require special use approval. Additionally, Code of Ordinances Sec. 3-120, 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 applicant previously sought a distance separation variance (PZ23-022), and was approved on August 21, 2023.

The subject location was a purpose-built drug store, which most recently operated as Walgreens and has been unoccupied since that store’s closure in February 2021. The applicant is in the final stages of real estate closing to acquire the building   - the under writers are requesting that the applicants provide proof of their approved alcohol permits and building permits. To receive approval for an alcohol permit, the applicant must first receive approval to satisfy the zoning condition for special use approval.

The new location is within 300-feet of the nearest property line of a detached single-family home at 5038 Cherry Lane, and the nearest property line of Selig Multifamily which is currently under development. The applicant previously sought a distance separation variance (PZ23-022) and was approved on August 21, 2023 (Appendix I).

 

SURROUNDING AREA:  Zoning Map: Figure 1. Aerial Map: Figure 2. Distance Separation Survey: Figure 3.

Nearest Residence: 268 feet from a single-family home, located at 5038 Cherry Lane. Measured in a straight-line.

Nearest Church: 1581-feet to Linked Up Church. 4331 Brownsville Road.  Measured in a straight-line.

 

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).  The rezoning from Low Rise Office (LRO) to Community Retail Commercial on this property occurred on June 4, 2012, with stipulations. Additionally, the variance requests to waive certain requirements of the Commercial Development Overlay were granted with stipulations on June 4, 2012. The zoning map reflects OI zoning, which needs to be corrected.

 

Figure 1 Zoning Map.

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2. Aerial Map.

 

 

Figure 3. Visibility from closest residence.

 

 

 

 

 

 

Figure 4. Alcohol Distance Survey.

 

 

 

 

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 requested special use is consistent with the purpose and intent of the CRC district. 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.

 

 

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 establishment of the special use will activate a purpose-built retail building that has sat vacant for many years.  The special use aligns with the commercial uses that prevail in the area.

 

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

 

The new store is located at the intersection of Hiram Lithia Springs Road and Brownsville Road. That intersection is predominated by commercial uses, but residential zoning prevails as you move northwest along Hiram Lithia Springs Road. Additionally, mixed-use zoning prevails across Brownsville Road where the Selig Apartments are currently being developed.

 

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

 

The store is ideally situated at the intersection of Hiram Lithia Springs Road and Brownsville Road. Both thoroughfares are more than adequate to serve the subject location. Commercial activity is prevalent within the CRC zoned district. The adjacent Kroger Shopping Plaza has several operating businesses that generate traffic volumes. The relocation of this store from a suite at the said Kroger Shopping Center to this proposed stand-alone building should not significantly impact traffic in the area.

 

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 to the property is adequate to ensure proper vehicular circulation, and to facilitate 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?

 

Public safety providers, and public utilities have adequate capacity to serve the 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?

 

Yes. The property previously served as a retail drug store and was developed with site requirements consistent with that use. Those requirements for commercial use also apply to the applicant who must comply with all code requirements related to the criteria outlined in criteria number 7.

 

8.                     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 not adversely impact the area. The applicant currently operates their business in the same district and is seeking to relocate to a larger space.

 

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 area.

 

Staff Recommendation:  Approval, with the following conditions:

 

1.                     The applicant shall submit application for an Alcohol License to the Community Development Department.

2.                     The applicant is required to install / supplement the Front Landscaping Strip at both road frontages, compliant with the standards of the Unified Development Code <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART12TRPRBULA_DIVVILA_S12-52FRLAST>, subject to review and approval from the Community Development Department.

3.                     The applicant is required to restripe the parking lot, compliant with the standards of the Unified Development Code, <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART6ACPALO_DIVIVDEIMREPALO> subject to review and approval from the Community Development Department. This shall include resurfacing or sealing the parking lot at the time of renovation.

4.                     The applicant is required to submit a Design Review Application for any external color changes, subject to review and approval from the Community Development Department. The building’s exterior shall include only colors found in the Sherwin Williams Fundamental Color wheel.

5.                     All signage shall be permitted, in accordance with the standards of the Unified Development Code <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART7SIADDE>.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX I.                     ALCOHOL DISTANCE SEPERATION VARIANCE APPROVAL