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File #: PZ 23--027    Version: 1
Type: Special Use Status: Passed
File created: 11/20/2023 In control: City Council
On agenda: 1/16/2024 Final action: 1/16/2024
Title: Special Use Request. To allow a VR Gaming room within an accessory structure at the Food Truck Park; To add the use to the conditions of approval of PZ23-018, July 17, 2023. The property is located at 3982 Austell Powder Springs Road, within land lot 905 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090500190.
Attachments: 1. Executed PZ 2023-027 Approved Motion, 2. Special Use Request Redacted, 3. Site plan, floor plan, shed exterior.
Related files: PZ 23--018, PZ 24-015, PZ 23--026

CASE NUMBER:   PZ 23-027

APPLICANT: Dylon Holmes, Total Rage ATL, LLC.

SPECIAL USE:  To allow a VR Gaming room within an accessory structure at the Food Truck Park; To add the use to the conditions of approval of PZ23-018, July 17, 2023.

 

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

ZONING:    CRC                            ACRES:  2.14                      PIN: 19090500180 and 19090500190

 

Staff Recommendation:  Approval                                                               Planning and Zoning:

 

BACKGROUND:  Mr. Holmes proposes to operate a virtual reality (VR) game room, within a 280-sf accessory building, located in the parking lot of the Food Truck Park. The applicant has requested to add the game room use to the conditions of approval of PZ23-018, July 17, 2023.

 

Mr. Holmes requested zoning verification and was denied for the proposed use while the shed was located at Arts for the Harp, on New Macland Road. He subsequently relocated the building to the food truck park without seeking zoning approval prior to the relocation. The zoning verification request after the fact was also denied at the food truck park, where the building currently sits.

 

The reason that the VR game room use is currently not allowed at the food truck park is because the stipulations of approval for the food truck park didn’t not include it. Stipulation #2 detailed what was allowed:

The special use approval is for the food truck park, outdoor storage of food trucks, and the use of a modified shipping container for a point of sale.

 

The Unified Development Code’s table 2-3 provides that, in the CRC zoning district, Indoor recreational facility is a permitted use. 

 

The Cobb County Fire Marshall’s Office (FMO) has approved the use of the accessory building, with a maximum occupancy of 5 persons. (Figure 4)

 

Mr. Holmes signed an agreement of permission to use the property. The 14 x 20 accessory building occupies approximately 2 parking spaces on the 3982 side of the property. There are a combined 58 parking spaces on both lots that will be available for the operations (10 for Food Trucks and 48 for visitors).

 

Additionally, Mr. Holmes has requested to vary the rear and side setbacks for the structure. The Unified Development Code’s table 2- provides that, in the CRC zoning district, accessory building greater than 144-sf must be setback 40-feet and 15-feet from rear and side setbacks, respectively. The current location encroaches into both the rear and side setbacks.

 

The owners of the building still utilize a portion of the building for storage of surplus goods related to the business that previously operated there - Kathy’s Overstock. This storage use is not expected to impact parking availability at the property, although the storage use is not permitted by zoning. The use was previously approved by special use (used merchandise sales), but said use has expired. All approved uses on site must meet the parking requirements of the Unified Development Code.

 

 

 

SURROUNDING AREA: Please see Figure 1-Zoning Map; Figure 2: Site plan; Figure 3: accessory building exterior; and Figure 4: floor plan.

 

Figure 1. Zoning Map

Figure 2. Site Plan. Accessory building’s approximate location marked with red rectangle.

 

Figure 3. Exterior of Accessory Building.

Figure 4. FMO Approved Floor 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?

The Unified Development Code’s table 2-3 provides that, in the CRC zoning district, Indoor recreational facility is a permitted use.  Based on the NAICS codes for indoor recreational uses, the game room use falls under the definition of Commercial Recreation, Indoor.

 

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 special use proposed is complementary to the operations approved at the food truck park. It will be an addition to other recreation and hospitality related activities that are expected to occur at the food truck park.

 

 

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

The proposed use, in conjunction with the food truck park, represents a positive redevelopment/repurposing of a vacant property. This will provide activation of the property, and create a destination along a corridor in need of social activation. 

Additionally, there will be outdoor games like horse shoe, darts, and corn hole provided for patrons to enjoy.

 

 

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

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. The parking will be sufficient to support the proposed use, even with the accessory building’s location occupying 2 parking spots.

The maximum allowed 10 food trucks will require 30 parking spots.

The existing storage use related to Kathy’s Over Stock will have a negligible parking requirement, given its small size, and infrequent access.

The VR gaming room will occupy 2 parking spots and require an additional 2 spots for patrons.

 

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 proprietor of the food truck park has expressed a willingness to hire Powder Springs police officers to coordinate traffic with pedestrian activity, when needed. The property is served by two driveways and circulation, ingress and egress will be adequate for traffic and pedestrian movement. Staff is of the opinion that these uses are complimentary and will help to create a destination at the food truck park.

 

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?

The 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? The proposed use is not expected to generate noise levels that will cause a nuisance to neighboring properties. The neighbors adjacent to the rear are a cemetery. The property features a dumpster area, internal bathrooms, adequate parking, and visual screening behind the building, where applicable

 

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

The 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?

The principal building on the property is consistent with patterns of commercial development in the area. Other properties in the area do not have an accessory building occupying a small section of their parking area.

 

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

 

 

 

1.                     There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

 

There are no special site challenges related to size, shape or topography. The parking lot on the subject lot is close to the rear property boundary, resulting in the sheds placement encroaching into the rear setback.

 

2.                     A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

 

Other properties in the area are required to comply with the UDC’s setback provisions for accessory structures greater than 144-sf.

 

3.                     Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.

 

Other properties in the area are allowed to have accessory buildings, provided they meet the minimum setback requirements.

 

4.                     The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.

 

The variance will not be injurious to general welfare. The location of the shed occupies approximately 2 parking spaces and leaves sufficient room for vehicular circulation in the parking lot isles.

Additionally, the property adjacent to the rear is a cemetery so any nuisance generated will not cause a disturbance.

 

5.                     The special circumstances are not the result of the actions of the applicant.

 

The special circumstances are the result of the applicants’ actions. He relocated the shed to the subject site after being denied zoning verification at New Macland Road. He sought approval only after the shed was relocated.

 

6.                     The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed. 

 

The requested variance is the minimum that would be required to allow the accessory building to remain in its current location.

 

7.                     The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.

 

Commercial indoor recreation is allowed by right in the CRC zoning district.

 

STAFF RECOMMENDATION:  APPROVAL, with the following conditions:

 

1.                     All conditions of special use approval PZ 23-018 dated July 17, 2023, remain in full effect, and this approval represents an addition to the uses allowed under the special use for the property.

 

2.                     The special use request to allow a VR game room within the accessory building at the food truck park is approved.

 

3.                     The applicant shall submit plans to the Cobb County Fire Marshal’s Office to initiate the Certificate of Occupancy process.

 

4.                     The applicant shall submit an Occupational Tax Certificate application to the Community Development.

 

5.                     The special use approval is specific to TotalRageATL, LLC. controlled by Mr. Dylon Holmes. The special use approval for the VR game room is not transferable to a different proprietor. Should the applicant cease operations then the approval becomes null and void.

 

6.                     Should the special use approval for the food truck park (PZ23-018) be nullified, then the special use approval for the VR game room will also be nullified.

 

7.                     The renewal of Special Use PZ23-018 will include the review of the VR Game room special use as well.

 

8.                     Adequate parking for all uses on the site must be provided as required by the Unified Development Code.

 

9.                     No outdoor recreation equipment may be stored outdoors.

 

 

 

 

 

 

 

 

 

Appendix I. Signed Motion, PZ23-018 dated July 17, 2023.