Planning Commission - Regular Meeting

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I just always wanted to do that. Welcome everybody uh to the February 5th City of Columbia Board of Zoning Appeals meeting. I'm Can you guys hear me? All right.

All right. Welcome to the February 5th Board of Zoning Appeals meeting. I'm Colton Driver. I'm the vice chair of the board serving as the chair for today's meeting. Um at this time I introduce my uh fellow members. Um going from the outside we've got Sherard Duval, Jonathan Vang, uh Sydney Lam, and Josh Harding. I'd also like to introduce the staff that assists the board, Mr. Andrew Living, zoning administrator, Sarah Gene, I get this wrong. Hen uh deputy zoning administrator and Maline Abouten land use board coordinator. The board is charged with hearing applications for special exceptions, variances, and administrative appeals. All testimony is recorded for [snorts] the record, and anyone wishing to speak will need to be sworn in and come to the podium to speak. No testimony can be taken from the floor today. When you come to the podium, please state your name and please speak clearly into the microphone because this meeting is being recorded. Applicants with cases before the board are allotted a presentation time of 10 minutes. This time also includes all persons presenting information on behalf of the applicant. The time limit does not include any questions asked by the board or staff regarding the case. Any member of the public may address the board in intervals of 3 minutes or 5 minutes if by a spokesperson for an established body or group of three or more. The applicant then has 5 minutes for rebuttal. The board reserves the right to amend these limits on a case-by case basis. Um, in the event there are groups of three or more that would like to speak, that that could be a good idea today. It looks like we have quite a few people, but I leave that to your discretion. Um, those of you who plan to speak must be sworn. And so, if you're here as an applicant or to speak in any case today, please stand at this time and raise your right hand.

Do you affirm or attest that the testimony you give today is the truth and nothing but the truth? Very good. At this time, I'll turn the meeting over to Mr. Living Good.

Hi. Uh, good afternoon. Uh, first I want to apologize for the elevator situation. I I was hoping to make a joke about the weather, but um, again, apologies for that elevator. Um so the the first item on the agenda is the consent agenda. We have one item on the consent agenda which is sorry hold on uh I do well one item on the consent agenda is the um January 8th 2026 minutes. Sorry. Does a member of the board or audience wish to have any item removed from the consent agenda and placed on the regular agenda? [snorts]

I see none. I hate your mic. I see none. Is there a motion to approve the minutes and consent agenda? A motion to approve. Is there a second? Second. Motion seconded. [clears throat] Um all in favor say I. I. I. I. Motion approved. And now we proceed to the regular agenda.

Okay. Um the first item on our regular agenda is uh 3320 North Main Street and this is a special exception request to per permit a convenience store. Um this is located at the corner of uh North Main and Sunset Boulevard. The property is owned CAC and is within the uh North Main corridor overlay. And there are some images here that uh some of these are aerials showing the property and there are some sketches that have been provided by the applicant and I believe the applicant is present and can make his presentation. Cut your mic on.

Cut your mic on. Thank you. Hello. Hello. Hear me now? All right.

I'm Jason Stern. I work in my family's real estate development business, Stern Group. We're a 70-year-old company that my grandfather founded. my grandfather. He was a a true American dream story. He was a Holocaust survivor that immigrated after the war to Columbia, South Carolina. We um my grandfather started out as a construction company and it evolved into a development company and now we are very active real estate developers across the eastern half of the US. But Colombia is home. It's where I was born and raised. It's where our company is headquartered. And when we work on any project, um, you know, we have great pride in any project that we work on, but when we work on a project in our hometown, in the city of Colombia, it's exponentially more important to us. And you know, the the project that we're showing you tonight, um, we, you know, are confident in telling you that when you factor in everything that's in play, all the variables in play with this property, we truthfully feel like it is the best project for this corner that's only going to enhance the area and be a value ad to the city. The user that we're working with is Murphy USA. Murphy USA is a a national um chain convenience store and gas station. Um they're a best-sin operator in the gas and convenience store space. We have done a lot of work with them. We're we're a close development partner of theirs. You know, they pride themselves on security. They have a 15 camera security system on the property, monitoring the property 24/7.

They train their employees to walk the property, you know, multiple, you know, every other hour when needed to monitor any loitering, any issues of that nature. And I can tell you that Murphy is fully committed to work with the city, work with staff, work with all of you, um, to deliver a product here that everyone's going to be happy with. [clears throat]

I'd like to um shed some light on the reality of the situation of the ownership with this property. You know, on the corner of this property is, and it's in the, you know, what we just handed out, the first picture is a picture of the title loan business that's on this corner. Um I think we could all agree that this, you know, building is past its useful life. it um is not something that's inviting and and you know I would call it an eyesore for this intersection but you know and then you have a vacant restaurant behind that. The owners of this property are the operators of this title loan business and it happens to be and and excuse me but the owners also that's all they do. They they own a ton of title loan of locations just like this one. Very wealthy family that's you know and they've done very well and this is happens to be one of their top performing locations. When I engaged with them to put this property under contract, they had no motivation to sell it. They said, "Jason, this is one of my top performing locations. You know, no, I don't have interest in selling." I huddled up with my tenant Murphy, conveyed that to them. I said, "Guys, when how bad do you want this site?" And Murphy, you know, it was very unique. They they came to the table and they said, "We really want to find a way to go here." They were able to, you know, present a compelling enough offer. They allowed me to present a compelling enough offer to these property owners in order to get this property under contract. I mean, I I can't express enough to you guys how unique that is. This is all we do. There's no other types of use than a gas station, a top tier gas

station for that matter that could ever make the economics work for redevelopment of this site. And we again think that Murphy is, you know, a a top tier one at that. Um, in 2023, Circle K came upon this board and they had a development proposal for this property. And I'd like to differentiate why I feel like we are very different than the proposal that Circle K presented in 2023. Circle K was planning to develop around this title loan building that's currently on the corner that you have the picture in front of you. Um the unsightly building that's on this corner. They were going to be building around it. And that is the opposite of what we're trying to do. And we are taking this building out. We're going to be redeveloping a brand new Murphy on the hard corner. And again, we think that that's a major upgrade to, you know, what they presented in 2023. I know that another concern um you know, in that 2023 meeting was the peripheration of convenience stores in the area. And in the in in the material that I just, you know, handed out, I have pictures of every other convenience store in the area that staff mentioned in the report, four of which that are within one mile of our property. I visited every one of these convenience stores, even went inside and looked at how they were being operated. Every one of these four convenience stores within a mile all share very similar characteristics.

[snorts]

They're on they're very old. They're unsightly. And you can tell that there's been no reinvestment in these properties in probably decades. When we compare the product that we feel like that I know that Murphy is delivering versus the current product that you have in the all the convenience stores that you currently have in the market, we feel like it's comparing apples to oranges. Murphy is a far superior product, a far superior operator. What we've seen in a similar scenario with similar market conditions is what Murphy would do is they would raise the bar for all these other convenience stores, you know, and they would have a decision to make to reinvest a lot of money into their properties to be able to compete with a top-notch operator. They would have to raise the bar on how they would operate these convenience stores. And if they don't, they probably won't make it and they would be a redevelopment opportunity for someone. I also would like to make the point that I believe that our project here is only going to spur on further growth in the area. And there is a reason why Murphy is located in class A shopping centers all across the nation. It's because with Murphy, you know what you're going to get. They're a top tier, best-in-class operator. Other national retailers are comfortable locating right beside them. That's why a lot of times you'll have a national brand retailer do a deal right beside a Murphy. So, we think that it's going to spur further growth and help revitalize this area. Um, I I'd like to note that we do meet all the requirements for the special exception. Um, we also are agreeable and comply with all the

conditions for the special exception. And and I'd like to leave you with this. Um, Colombia um, in this city means everything to myself and our family. And we truthfully would only want to develop a project in this town that we truthfully felt like was the best project that we could deliver on that particular property. And the plan that we have in front of you tonight, we firmly believe in that. We also believe that you have a decision to make tonight. Do you want to have a redevelopment and an enhancement of this intersection or do you want it to remain exactly how it is today, which is the status quo of this title loan business and building on this property? Again, the owners of this property are the operators of this title loan business and they have zero incentive to ever sell this property or do anything with it because they do so well there. Um, I I I thank you so much for for your time and yeah, if you have any questions, please please let me know.

Thank you [snorts] very much. Does any board member have any questions for the applicant at this time? I don't. No. Would anyone in the audience like to speak to the case? You might need to repeat the question. I I'm not sure that the audience heard you. Would anyone in the audience like to speak to this case? Yes. All right. Um the podium, state your name.

Let's um try to think the best way to do this. Yeah, we want to come up one at a time. if we could kind of get some kind of order near coming up this center line area, the center aisle. Um, if anyone came in after we swore in, um, there might be a couple. Um, we can, uh, we can get you when you, uh, when you get up here, but, um, [snorts] how much time do they have? Yeah. And you've got um it it is uh three three minutes or five for a designate of a of a group of three or more and you can come up to the podium to speak. Yep.

Thank you. Uh good afternoon. My name is Paul Micho. Um make sure you speak in the microphone. My name is Paul Micho. Uh I live at uh 3121 Gadston Street. Um, I'm with the uh Earlwood Citizens Community Organization. I think my uh my first question One one second. Um, I want to let you say your name on the record. Um, I don't Did you get sworn in? I don't think so. No, sir. All right. Can you raise your right hand? Um, do you affirm or attest that the testimony you will give today is the truth and nothing but the truth? Yes, I do. Thank you. Sorry. Go ahead.

Thank you. Um so we we wrote a letter on behalf of our uh neighborhood that was delivered to the zoning or um our correspondent at the city. Uh we are against the the proposal. Um I think that it it doesn't really comply with the first directive of the north main corridor desire overlay which is to um [snorts] to transition this area to a pedestrianoriented uh mixeduse corridor. And so I think I would ask the applicant to maybe take that more into consideration. And uh yeah, the letter that we've provided should be on file and the Earlwood community uh citizens organization is against the approval of uh this particular special exception. Thank you.

Thank you. Thank you. Next. Um um Mr. driver. I do have the sign-in sheet so I can read out names. Um I mean certainly this gentleman can speak but I I can make sure to call the folks who have signed up as well. You have it you have it by matter. I I do. Yes. Okay. Yeah. Great. Um but go ahead, sir.

Uh my name is Basil Garzia. I've been a resident of the Hyatt Park Kenan Terrace neighborhood since 1973. During these 50 odd years, our neighborhood has been lobbying for improvements along the north main corridor. To date, we have seen a major streetscaping completed, the renovation of Hyatt Park, along with construction of new apartments and retail across the street, and a dog park. In addition, the free market has generated two popular coffee shops, two bakeries, at least three restaurants, a wine bar, the relocation of Chromemers to our area, and the renovation of the Trestle building, which houses a furniture store. And this trend will continue if we use the city's master plan as the guiding document, which brings us to the corner of Sunset and North Maine. As you may know, uh, the master plan called for the removal of the Stebo Newman gas station and that tire store. They're both long gone now. And we are poised to make this gateway intersection something special, allowing a major convenience store and gas station would be a step backward from an aesthetic and a pedestrianfriendly point of view. And although I consider these observations accurate and important, we are here [clears throat] today to evaluate Murphy's responses to the 12 criteria for special exception. I take issue with two of them. First, the impact on traffic. The applicant states there will be no substantial adverse impact on vehicular traffic. It's a 16 position gas station. It's one of the most congested intersections in the north main area according to the 2005 master plan. Add 20 years of growth to that [clears throat] and see where your traffic winds up. And

although they are they prepared a traffic trip generation memo, the results were not mentioned on the application. If I paid for a study and it supported my case, I'd be bragging about it. Secondly, the concentration and proliferation. There are three convenience store gas stations within a half a mile or less. Two to the north, one to the south. Within a onem radius, there are five more. And although the dollar store isn't technically a convenience store, it sells much of the same merchandise. So, as far as bringing amenities, this project doesn't bring anything we don't already have in abundance. Three years ago, the board felt there was indeed a concentration of convenience stores and gas stations in the area and as a result voted, I believe it was 6 to nothing, 6 to deny the application. And I can attest that the concentration of convenience stores and gas stations has not changed since that time. Thank you.

Thank you. Thank you. um signed up a little bit later. Okay. I I was call names.

Okay. I'm Kent Smith. I live in the Wells Garden neighborhood. So, you may think, why am I standing up here to address this? But serendipitously, I happen to be here the night that this city council considered making this a special exception. It's kind of odd that convenience stores would be a special exception, but as I recall, the woman that spoke said, "We've got enough. They attract vagrants and homeless folks, and they basically serve beer and wine, convenience stores nearby." And look and see how many there are in that area. I think it's a responsibility and thank goodness it is of the zoning board to consider not only the site and the business and the request but the impact that it has on the surrounding area. Thank you for your time.

Thank [snorts] you. Okay, the next person was a gentleman right here that was waiting. Okay, sorry. After um after this speaker, we're going to um get Mr. Living good to read the names off of the rest and and uh we'll do it that way. Go ahead, sir.

Hello, my name is Sammy Mson. Currently, I'm a student at the University of South Carolina, but before that, I lived in Oaklair with my parents. Last year, as a senior in high school, I did a year-long research paper on the Oaklair Hyatt Park community. What I looked at was health related food impacts. Through the research, I combined with UFC faculty and residents of the community to take a look at what the health impacts were. And what we found was that that area is in fact a food swamp. Meaning that the number of unhealthy food retailers massively outnumbers the number of healthy food retailers. During the survey conducted, we found 16 unhealthy food retailers in the area and just three healthy food ones. The results are clear. 29203 as a zip code has the highest rate of lower leg amputations in the country. Alongside that, we have several dialysis clinics which are required for patients who are in the last stages of type 2 diabetes. Adding another convenience store to this neighborhood does nothing to alleviate the health problems that already exist. Allowing the zoning exception will only exacerbate the community health concerns that already exist. Thank you.

Thank you. Thank you. Andrew, before you read the names, are you going to I'm not sure if everybody still wants to speak. Do you want to ask them if they have put their name if they still want to speak after you call their name? Um I can certainly call their name and if they decline they can say so. Yes. Okay. Yeah. Thank you. So the uh the first name I have is Elva Stinson. [clears throat]

My name is Elvis Stinson. I'm a retired physician. I've been living in the 29203 area since 1980. Um, this is a quote from the city planning commission north main quarter design overlay district master plan. The neighborhood's close proximity to downtown and the period architecture have resulted in the increase of home values and the attraction of residents with higher education levels. The community of North Colombia can be viewed as the front door to the city of Colombia. What's missing? A pedestrianfriendly environment. One of the community goals of the overlay plan was to reinvent the image of North Columbia. As was said earlier, we have a lot of new businesses here. Coffee shops, bakeries, restaurants, that's all come into our area. The streetscaping, the new sidewalk on Sunset that goes from North Main up to River Road makes it a more pedestrianfriendly environment. We have more and more people moving into our neighborhoods. We have uh a new apartment complex on North Main and River. We have a complex coming, new apartment complex coming in with the old Jim Hudson. Um we have the uh Lutheran Seminary, Lenor Wine, there's a lot of apartments around there which has been recently vacated. You know, this the seminary itself. Where I live, where I drive, I see homes renovated all the time. All of this is to say, if you build it, they will come. We need retail that will bring value to North Colombia to create the safe, walkable, and dynamic community that was envisioned in the master plan. I don't want to beat a dead horse here, but I will say about a couple of things about the special exception. There will not be the on in the plan, it said there will not be a traffic study prior to implementation, if ever. A reminder that this is the most heavily congested intersection from the plan. That was 20 years ago. And if you know about Sunset, Sunset

Drive starts out two lanes and as it goes across North Main, it goes to one lane. The backup there is incredible all the time. I drive it, so I know. A gas station is not a pedestrian-friendly business since it inherently means there's cars entering and exiting. I'm sure that Murphy's would try to be aesthetically pleasing, but in the end, it is a gas station. There's not item number seven says it will not have a substantial effect on public safety or create nuisance conditions. Our experience, my experience, our neighborhood's experience with businesses that sell addictive substances is that they attract nuisance customers not only to the business but other businesses and to the neighborhood around there. Item eight, it doesn't create a concentration or proliferation. You've had a lot of people speak about that. I'm a senior citizen. I can walk from the Valero which is south to the Shiv Mart which is north in about 20 minutes. Car could do it in 2 minutes and there's five other convenience stores within a mile of that location. Item number 12 says the project will provide essential services and not adversely affect public interest. Convenience stores sell highly processed foods, lots of sugary foods, tobacco and alcohol. All of these products contribute either directly or indirectly to metabolic syndrome and diabetes, not to mention the delotterious effects of alcohol and cigarettes. The 29203 area code has one of the highest diabetic amputation rates. As my neighborhood may neighbor said earlier, lack of healthy foods is part of the problem. A convenience store is not in the public interest. Thank you for your time.

That's time. Thank you. Thank you. Graham Taylor. [clears throat] Did you say Graham Taylor? Yes.

Another tall one. There you go. Uh, welcome. My name is Graeme Taylor and I'm a construction project manager. Uh, got to uh, Columbia in about 1965, so been here a while. Um, I I I [clears throat] really want to go back. Somebody has already said, and this is the key word in this overlay district is the transition from what we are to what it's going to be. And that's very important. I think the last time they tried to put a convenience store on this location, that was denied. And I think this one should be denied as well. There's no difference. [snorts]

Um, when you Google uh, you know, places around me, convenience stores, there's a lot there's a lot there's a different different there is a different definition of that than what Google thinks. So, Bucks um, shop down the road in 1980. That's where you went to buy a rod and reel bait. They still sell bait, [snorts] but in the store it's only about nine square feet now. So, that shop would not show up. So, in addition to the ones that staff provided, which is a total of six, um just a little bit of riding around and then some measuring, I found that there's seven more bringing the total within a mile and a half of 13 convenience stores. And I'm not going to drag you down with the list of of all of them, but they do include uh particularly Uncle Willy's grocery store, which is across the street. This is a mom and pop local thing. It's a very small and it's struggling. Um, you've got the uh Family Dollar across the street. You have the CVS at Harden Street. I mean, there's just multiple additional opportunities to kill yourself on processed food. Um, again, it's that transitioning. When I look at the uh special exceptions application and checklist, you know, I go down through this and all you need to do is just scratch out not [snorts] several times. It says it will not, but it actually will do each of these things. Item 3, 5, 6, 7, 8, 9, 11, and 12. There's no question. Um actually with 11 and 9 you need to add a knot. Um

so I kind of go back to this doesn't fit. We need to get away from the Decker Boulevard mentality. That's what this overlay district is for. And it's taken a while for Main Street to get on fire. So, please deny it. [clears throat] Thank you. [snorts] Uh, the next name on the list is Angie Fuller Wilt. [snorts] [clears throat] Hello.

Welcome. I just want to uh echo what everyone that's already spoken has said um and request that you deny the special exception. I've lived in Earlwood since 2022 and the three overlays that are mentioned in the packet um this [clears throat] project does not fit at all. and uh ve most of my neighbors that I've spoken with also vehemently oppose uh having such another convenience store gas station right there at this entrance. It does not fit the requirements whatsoever. Thank you. Thank you.

Okay. Um there's a few that have not um stated what case. So, if if you're not on this case, I apologize. Uh Nicole Berts.

Hi. Um I live in Hollywood Rose Hill. Um, like other people have said, I think that [gasps] Colombia has a lot of potential for to be a place that young people, families, old people can enjoy walking around in a pedestrian um, centered city. We have a lot of spaces that have a lot of potential, but they're not very connected. And I think that adding a gas station, which like everyone else says, we already have a lot of them. It will only add to more of a car ccentric like focused um part of our city. It won't add to an experience for people who actually live here and want to um I guess activate or exist within their community. So yeah, everyone else had really good points um for health and just for community reasons. Thank you.

Thank you. Great. The next name on the list is Heather McDonald.

Okay. [snorts] U Betsy Newman. Hi, I also just want to really reiterate what my neighbors and people from around the city have already said and you know just draw your attention again to the master plan. I remember when this was proposed to our community, the villages of North Colombia. It was very exciting. We had a huge meeting at the print building. A hundred people came. I It was more people than I've ever seen come to a community meeting. I ask you, what happened to that vision? The villages of North Colombia do not need another gas station and another convenience store. Thank you.

Thank you. The next name I have is Robert Petrullis.

Uh good afternoon.

Afternoon. Uh I am the uh I live about well four or five blocks from the proposed uh uh gas station and I'm also it just happens the president of the Hyatt Park Keenan Terrace uh neighborhood association. Uh I would note that uh we were not informed that this uh proposal would be on the agenda until the agenda was uh was published on Tuesday. So all of the people who have spoken have really uh you know are motivated to be here because of their concerns and I think that speaks to the uh uh to the level of concern that this proposal is uh is generating. Um I would point out that there is no real difference in circumstances between the time that the circle K proposal was rejected and now. things haven't changed very much and so um I I think the the basis for the rejection still exists. Uh and I would also mention again emphasize what others have me emphasize that the master plan uh really is I mean it it mentions that intersection specifically and says we need to get rid of the gas station that's on the corner. Uh so I think that that uh you know 20 years ago they were saying let's let's do something with that corner that's more than uh than putting uh some automotive infrastructure on it. [snorts] Um, I think we need the kind of retail, the kind of uh the kind of things that would bring people out of their cars uh onto the street and and make this a much

more livable community focused uh corner. So, I don't think we need to settle and uh and I think this would be in this would be settling. So, please reject the uh the proposal. Thank you. Thank you. Thank you. Um the next name I have is Denise Wellman. [snorts]

Good afternoon. Thank you for your service on this commission. I am on the board of the Cottontown Belleview Historic District Neighborhood Association, the neighborhood that is directly south of where this project will go. And I we are here today because we want to see Main Street develop both north of Elmwood and north of Sunset. We're invested in this area. Um but we do join our friends from Earlwood and Hyatt Park, Kenan Terrace. Um, this is not what we need in this area. We have plenty of convenience stores. We already have significant problems with homeless populations in this area. They don't need convenience stores. But more importantly, we're trying to build an area that connects neighborhoods that is more pedestrian and bike friendly. Um, that is not what this project is about and we would ask that you deny it.

Thank you. The next name is Joselyn Tucker.

You you don't wish to speak? Okay. I think I said another matter.

Okay. Um [snorts] then the next name is Lyman Mson. Good afternoon. Uh, my name is Lyman Mson. I'm a member of Hyatt Parkin Terrace Neighborhood Association, longtime resident on Lamar Street just north of the site. And I, you know, a lot of my neighbors and and people actually that I don't know that have come out in opposition today um have got a lot of reasons why this application does not comply with uh the 12 standards to grant an exception. I think my comments uh relate to public safety and uh the congregation of people at uh big sea store gas sites to the point that um an operator agrees to sign an agreement with the city of Columbia to be a good neighbor. And that good neighbor means that they'll pick up the trash on their property and if anybody's loitering they might tell them to leave do some u citizen law enforcement on their property. The problem is when people leave that property um and when you look at the site uh it's along a railroad track and so there's a lot of empty land between the site and where an operator might uh feel a responsibility and standing out the other side of the property line where he doesn't have any responsibility. Um across the street is um Earlwood Park. It's a large park. uh lots of um woods and sort of places that are

natural. It's not a formal park like Finley Park. And so we're concerned that um this use will uh draw a transient crowd, somebody who might like to sleep in the park. Um, and we think that there will be increased calls for service as a result of this project should it be approved. Thank you. Thank you. Thank you.

The next name on the list is Jason Ernst. [clears throat] Um I I believe that concludes the the signin list. Um before um you know of course certainly the board may wish to see if anyone else wants to speak but I did want to mention that um in addition to uh whatever is in your packet. Um we we did receive 15 letters from the time of publication up until um this meeting that we did forward to the board. And so I'd like to acknowledge them for the record. Um you know some were in support certainly and some were in opposition and of course you know there may be nuances therein but I will read the the names of the um the folks who sent the letters and any affiliation if if noted. Um, the first one was from Carl Blackstone with the Columbia Chamber, Chad Johnston, a COC resident, um, Loel Bernstein, Nolton Sanders, uh, Bob Petrullius with Hyatt Park and Terrace, Susan Deplice with Seminary Ridge, Richard Con senior Matthew Richardson Payton Bryant Tim Herbertsman Mark Smith Reagan Smith uh Rebecca Mustain Ian

Pao or Pico, I I apologize if I mispronounced that name. And Meg Southern Sims with the Earlwood Community Citizens Organization. So that that should be 15 letters that the board received and um should be a part of their consideration of this item. Andrew, is there anybody on Zoom that's trying needs to speak? Uh to to my knowledge, no. Um,

all right. Would the applicant like to return to the podium to respond to the public comments?

Yes. Um, a few different things that I know that were brought up that I'd, you know, like to talk about. Um, one was traffic. Um, Murphy is not a destination. You [clears throat] know, they they their customers are passer by traffic. So, any substantial increase, they they do not have any, you know, substantial or noteworthy increase in traffic that they would be bringing to this intersection. from a planning perspective and typically you would want to have the gas station convenience store at a busy intersection in an area and right now you have a lot of other convenience stores that are in neighborhood areas. And I think that what would happen over time with if our project is approved is that some of these other convenience stores that I know that we heard from, you know, we heard about tonight from the community that people have many issues with, you know, are going to be redeveloped. I um I know that it was you know the the master plan for the villages of North Columbia was mentioned um you know innet they talk about you know um higher residential components surrounding by retail uses man with what we're working with on this site when you have a railroad track running behind it the size property we're talking about. I mean, there's not that many different types of uses other than a re a national retail use that

would be able to make a corner like this work. And I don't think it's realistic that a multif family project is going on this property. And I think that we have to be realistic with one another on what the future potential is of this property. And again, and I know I made this point when I initially spoke, this is owned by a title loan operator, and it's one of their top performing locations. And I am very, very, very confident in sitting here tonight to tell you that if our project's not approved, it's just going to remain status quo. A title loan business doesn't care about maintaining a building to the utmost standard. It doesn't matter to them, you know, and they have their business is the type of business that operates out of these locations. And I, you know, truthfully believe that our development plan is going to be a major enhancement to this intersection. And it's much needed. And growth can only be stifled for so long when you're waiting around for, you know, certain uses to come into the area. And this propertyy's been this way for quite some time now. And I I I think it it would be time for a a redevelopment of this corner. I think that it's only going to, you know, provide future growth and revitalization of the area. And um yeah, I I I greatly appreciate your time, guys. Thank you.

I have a question for the applicant. Just one question. We've had a lot of uh today we've had a lot of neighborhood associations in the area that uh pertains to this special exception session today. I'm wondering if yourself, anyone with Murphy Oil, the applicant met with any of the neighborhood associations before today's session?

We we did. We um and I I know my my dad who's the CEO of our company met with Lyman um you know I believe multiple times to discuss our project. I personally reached out to John who is the president of Earlwood um and I was not able to connect with him but we did have discussions with I know the largest assoc association Lyman Mson and with the Hayatt Keenan Terrace and did those were those conversations positive? You know we we walked away with mixed emotions um on on you know the feelings of how they felt about our development. Thank you. Yeah.

Um, does anybody else have a question? I don't want to jump in front of anybody. Um, I I just had a couple. Um, can can you address any findings of the traffic trip generation memo?

Yeah, we I actually have a copy of the the trip generation memo that I'd set right here. It's roughly um you know 80% of the trips are passerby um trips generated at this location for the Murphy. [snorts] And then, you know, given that we're also dealing with the, you know, the um the overlay district here, um can can you talk through how how you would propose this um this use? It it does further pedestrian design or is there is there a way to do it more? Have you had conversations with your with your client about that issue? you know that mean the next step for us would be going to DDRC and mean the city is going to weigh in heavily on you know the all the architectural features and components that you know and how this you know property is going to be delivered. So, um, yeah, I mean, I I I can tell you that we are fully committed on on trying to go above and beyond here to, you know, comply with what the city is looking for and to meet all the standards that they're looking for. Anyone else?

All right. Well, uh, testimony is closed. Uh, we'll begin board discussion. Uh, in my opinion, a title loan place is um it can be perceived as predatory. Um, it's kind of like pick your poison. It's a very valuable corner, but you know, to his to the applicant's favor, [clears throat] it's it's run down. And I mean, is that doing the neighborhood a favor? you know, keeping that place who takes people's titles of their cars and, you know, crazy interest rates. I just um I don't know. It just seems like pick your poison like what what does everyone want on that corner? Who could afford to develop that corner? Um but those are just my thoughts, but um like to hear what the board has to say. You know, I

Yeah,

I think the other thing too is you you look at the other gas stations, right? And they're 50, 60 years old. You know, you have a what seems to be a quality gas station who wants to invest in that corner. Um and in consideration for what's there, I just I feel like it's it's a good use. Well, um I understand actually both of your points and I don't I don't think either one of you are wrong. And I think as a city of Columbia resident, I think that we want to see particularly neighborhoods that need economic development. I think we want to see investment in those neighborhoods. However, as a member of the Board of Zoning Appeals, it's our responsibility to make sure that any application um for a special exception passes the exception request criteria. And unfortunately, this request does not pass the criteria that we are holding to as board members. When you look at the criteria for special exception request, specifically item number eight, the establishment of the proposed special exception does not create a concentration or proliferation of the same or similar types of special exception use. Which concentration may be detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed? we have an issue. The proposed special exception will not adversely affect the public interest. I think we've heard from quite a bit of our neighbors that live in this area that um will be adversely affected by this case. So, as a citizen, do I want to see development in areas like 29203? Absolutely. But as [snorts] a board member of the zoning appeals that has special exception requests criteria that standards that have to be met before we

can improve, I don't see how we can approve this and and still do our jobs.

Yeah. Yeah. I mean, you know, I want to reiterate what what Sherard just said. You know, we have to meet all of these standards. Um I am torn. Uh you know, I think there's there is merit on both sides. Um, yeah, to to the public interest question, I think you could even go both directions. Is it is it adversely affecting it to have no improvement on a food situation if the site gets better or is it just not making it better in some respects? Um, you know, I so I think I think 12 could be a close call. I think that the use plan it looks it looks great. Um, but again, we have to meet all 12 factors. But my biggest hesitation I think might be number nine. Um I know you know there there are autooriented uses allowed under the the overlay um so long as they're compatible with and support pedestrianoriented development. I don't know if we've seen enough in these plans to this point to demonstrate that that it would support any kind of pedestrian oriented development. Um given that the nature is cars passing by. Um but I but I obviously grant that it looks dramatically better than the than the convenience stores in the surrounding area. I I wonder if there's a way to um you know potentially uh revise the plan or or look at it in a way that addresses some of the food concerns or some of the pedestrian concerns um and and maybe uh find a solution that that works for everybody. Um but I again every factor has to be met. So I do have I do have some concerns there. So, I think the one thing too um with the emails that that we had received um was there a tally on who was in favor of versus against just cuz I think that that would be a valuable piece of information just to understand what what

other opposition there is or support.

Right. I I do find it perhaps not fair to the letters to to classify them exclusively as as pro or against, but I I can tell you my opinion on what what their um general stance was, but but obviously there's nuance contained within letters. Um so you know when when we were of those 15 um let's see one two three um 12 of those 15 were in support and and three were in opposition.

Okay. I think if you add what we saw here today, I think that I think that will be a different Well, and right certainly to to be fair, it's not a a tally. It it is, you know, whether or not it meets the criteria that is charged. Yeah.

And I think that's really ultimately what this all about. I mean, if if it's if it's our responsibility as a board to hold up the criteria for special exception requests to be met, at the very least, we have to make sure they can all be met. And and I think it's very clear by the wording of the special exception request criteria that uh the applicant doesn't meet all the necessary exceptions. Uh would anybody like to make a motion? [snorts and clears throat]

Uh I don't have the exact wording. comments. Oh, um, hold on. Yeah. Any other comments?

So, I just want to make a comment here. I think, you know, we've had people come here before and ask about putting a gas station somewhere saying, you know, we're going to have fresh fruits and vegetables for people to purchase. I don't know how realistic that really is for to propose that basically of a gas station. I don't really think that that's I don't think it means much here in this case. As well as number six where it's saying the proposed special exception will not have a substantial adverse impact on the aesthetic character of the area. Well, I don't know that the aesthetic of it now is what you could use as one of these being something that we can't consider. [clears throat] Um I don't know that we have to meet all 12. I think we are supposed to but I think for some of these it's not a black and white um direct respon or answer. So,

um I'd like to make a motion. I'd like to make a motion to deny the special exception request to permit a convenience store in conjunction with a gasoline sales and service station at 3320 North Main Street. The motion on the table is to deny. Does anyone second? Is there another motion for consideration?

I'd like to make a motion to approve the special exemption um for is it 1322 3320 3320 3320 North Main Street. Motion [clears throat] to approve is on the table. Is there a second? Second. Any in favor say I. I. Oppos say nay. Definitely not.

I I like the idea. I have to vote nay just because I I don't think it meets all the factors. Um but uh motion carries. Approved. Uh move to the next case on the agenda. Oh,

we'll get there. [clears throat and snorts]

Okay. The the next item on the agenda is 2026 0002-V [snorts] uh for variance and it's 191 Earth Road and this is a variance to the landscape standards for a gas station convenience store use. And um just as a reminder to the board, you did um review this this project um back in March of last year um for the special exception for the convenience store. Um and um so at this time the the applicators are requesting a variance to to the um vehicular surface areas interior planting area standards and and this would be basically to request the removal of a uh of a tree from from the parking area. And I'm going to see that that door is closed.

Mr. Chairman, can I mention something? The only person on this board that we can hear out there is Miss Lam. The rest of y'all either mumble or don't speak in the m microphone. So, thank you for Miss Lam for speaking up. The rest of y'all, we don't have a clue what you're saying. Thank you. This is this is an awful acoustics. We need to move this out to the place they've been having other meetings. But uh I just want to mention thank you for speaking and y'all please take a lesson from her and speak up. Thank you. Thank you. Thanks Jim. [clears throat]

Okay. Again, so that is a varian request the the effect of which would be removing a a tree from a landscaped island or actually removing that landscaped island from a parking area. And I believe the applicant is here and can speak to the request. Is the applicant here for 191 Earth Rover?

Uh my name is Joshua Cox. I'm with Foresight Group and we are the civil engineering consultants for Parkers. Also with Parkers is Daniel Ben Israel should you have any questions of him. But essentially um this this project is uh well into permitting. Uh we've actually received the um MS4 permit as well as the state general construction general permit as Andrew mentioned. Uh special exception was already granted for this. So we are really just seeking the um the waiver of a tree. Um section 175 I believe states that every parking spa or 25% of every parking space must be within 40 ft of a shade tree. The um all our parking spaces meet that criteria except for two I'm sorry three at the front of the store. Uh this exhibit pretty clearly shows you the uh the three in question. The reason that Parker's does not want a tree in this area is to maintain a visual corridor of the fuel canopy and the underground storage tanks. Uh you can see that um a tree uh centrally located may impair that visibility. So really for operation purposes, they're they're seeking a waiver on that one tree. And that's that's all I have unless you have any questions. Thank you. Does any board member have a question?

No, I think we just did this one I heard last month, right? Yeah, we just had one. I wasn't here, but yes. Okay. Would anyone in the audience like to speak to this case? All right. Um, testimony is closed. We'll go to board discussion. A motion to approve subject to staff comments. A second. Second. Second. All in favor? I I

I motion carries and uh we'll move to the next case on the agenda. Okay. The the last case on the agenda is 2026-00003-V uh 705 Sluda Avenue and this is a variance to the maximum building height uh for proposed parking garage and hotel use. Um the property is owned CAC and it is within the OV5P overlay which is the five points overlay. Um you know briefly this is a variance from from two standards. Um there's a height uh restriction within the CAC district as 75 ft. Um within the um five points overlay there is a requirement that no building be higher than 50 ft. Uh there is an exception within what is called upper uh five points. Um but within lower five points which this property was within um there is no such um exception. So um the and so again that the height limit for the property at this point is 50 ft but to approve the request which is 105 ft it would be uh approval of two variances. It would be a variance to the overlay requirement of 50 ft and also to the base district uh requirement of 75 ft. And uh again the the applicant is present and um I'm certain will present their case.

My name is Gunnar Berts. I'm also here with my father, Richard Berts, and our prospective hotel developer, Web Young, with Capstone Property Group. Um, thanks for having us, members of the board, Andrew, Erica, and I especially want to thank the members of the neighborhood and members of Five Points that came out on a cold, dreary day and stuck through a contigious session to to speak. We really appreciate them. Um, so sorry about that. Sorry about that, Jim. Uh, [laughter] okay. We're here before you today because Five Points has pursued a public parking garage for more than 30 years. And that parking deficit, long-standing parking deficit limit limits merchants sales and also causes parking to spill into the neighborhoods. We believe and we believe that it's the consensus of the community that we have the optimal location and the [clears throat] pieces in place to deliver that goal. Also considering the small irregular lots that dominate five points, it could be another 10 years before we have an opportunity like this. And in lower five points specifically, it could be another generation. Uh I apologize that I did not get this most recent parking study to y'all until this morning. I don't know if you had a chance to look at it. I have a hard copy if it's of any interest, but this is our main data point on when we're looking at why this is the best place to put a parking garage in Five Points. Um, [clears throat] on one hand, it's from 2009. So, some of the concepts are a little outdated, but at the same time, remarkably little has changed in Five Points from that perspective, save maybe the redevelopment of truest from Hiller Hardware uh on the corner of Blossom and Harden. So this finds a deficit of 190 spaces in five points and that is uh

predominantly over half of it is on Sluda Avenue. It's separated by blocks and the number one block is the west block of 700 west 700 block of Sluda Avenue and the second most is the other side and those combined to be over 50% of the parking deficit. Some findings from the parking study include on page 37, as I said, that the greatest parking deficit is on this specific block. Then there's other some there's some other findings on page 48 of the parking study, which was done by the city of Columbia and Wilbur Smith. Page 48 ranks the number one option for additional parking in five points to be on the site of Wovia Bank, which probably a couple months later turned into Wells Fargo. And this is the lot we're talking about. Also on page 410, it has parking facility evaluation criteria. They're ranked by the members of the Five Points Association and the staff looking at the situation. And the number one criteria was the availability of land and the willingness to make the proper property available for public private partnership that's by the controlling entity and we are very willing to do that. So if you get the chance to look at this my our firm belief is that anyone that reads this parking study will come away independently with a conclusion this is the optimal place to putting parking garage in five points. I also just wanted to speak to some points that were added in the docket by city staff on top of the section 5 criteria which were the from the overlay from the UDO five points overlay. One point was that structured park this is in the overlay. The structured parking is allowed provided that a minimum of 50% of the ground floor facade adjacent to any street is occupied by commercial use or public civic or institutional

use. we will be 100% of the facade. And also this is maybe the most important point that the purpose of the this is verbatim the purpose of the five points design overlay is to support the established character of five points as a walkable mixeduse destination on the walkability. This is a very important part to us. Um, first of all, just adding the density and the retail activation will increase and extend what is already the most walked block in five points, the 700 block of Sluta Avenue. It will extend it all the way to Blossom Street. We will do that also by setting back slightly from the existing um storefront line so it will be a comfortable um it'll be comfortable with the massing of the building. In addition, um we will be cing, you can see here, there are currently three curb cuts on this parcel and we will be closing all but the one closest to the train trestle. Um and there is also a 200t central turning lane on Blossom Street leading up from the other way for traffic concerns. that cutting that curb cut on uh Sluda Avenue especially will be great for the pedestrian side of it to the point of mixeduse development. This will have retail, restaurant, bar, office space, a hotel if everything goes forward. Um it more than exceeds the the definition of mixed use. going on from the UTO for the purpose of the five points overlay. District standards and guidelines promote high density mixeduse development. As I said, it's very mixed use for high density for this is high density for Columbia. It's probably medium density in a in a larger city. Pedestrianoriented

community form as I stated before and economic vitality. um the parking deficit that exists and just for for point of comparison there's 350 public parking spaces in lower five points currently and many of those are spread away from where they're predominantly needed which are these two blocks. Um that's not to mention that this lot right now we basically have it function as a public parking lot though it's privately owned and that will obviously be going away with the development that's something like 70 spaces so that should be taken into consideration as well. economic vitality besides the parking um which will be increasing by something like 60% of all of lower five points also having a hotel people will stay at home hotel will come expecting to spend money they'll go to the coffee shops they'll go to the retail shops they'll dine at the restaurants um I'm sure the five points association will speak to the very positive impact it'll have to the economic vitality um so with that I'll open up to questions Thank you.

Thank you. Does any board member have questions for the applicant? What's the parking count in the garage on that gunner? 305. [snorts] So, it'll just about double what you cited is already there. That's correct. Some of that will not always be used as public parking, but somewhere between, depending on the situation, 150 and 250 spaces will be available for public parking. which will change based on the time of day and um the hotel occupancy. Understand? Right. So like when there's a football game, obviously there will be less public parking because the hotel will be slammed with uh people going to the game.

That's correct. The only caveat to that is that the predominant parking deficit in Five Points is during lunchtime and most hotel guests check in 3 or 4 p.m. or later if you're coming in after work to stay for a game the next day. So we can also use the software uh that will control the site to optimize around that. So it will be better than you would think. [snorts] Great. Um any other questions? Thank you, sir. Um would anyone in the audience like to speak to this case? And Mr. Chair, I do have a sign in sheet for for this case as well.

Excellent. U Mr. Living, could you read the first name you've got there? Uh certainly the uh the first name is uh Kit Smith. [snorts]

Good afternoon again. My name is Kit Smith. I live in Wales Garden. Um our president is here to speak to you. So, I'll just be very brief and just say that we appreciate very much the opportunity to work with this developer, which is not common in terms of working with the neighborhood and appreciation neighborhood values and commercial interest are important, but just because you're turning dirt doesn't mean you're creating jobs or creating any any improvement for our city. In this case, we see it definitely making an improvement. We are all for it. uh emphasized that this company stands out because they understand new urbanism. Um and new urbanism is important to the future of our city, particular in areas where neighborhoods come up against commercial property. And they are doing all their best to work with us and make sure there's a positive impact on our neighborhoods, which is unusual to find in even boards and commissions in this city, I'm afraid. But thank you very much for your time. Thank you. Uh, the next name is Kathy Taylor.

Hello. Welcome. Um, my name is Kathy Taylor and I'm the president of Wells Garden. And our neighborhood sometimes can be a little difficult to to work with. This project we love. Um, and we had a a unanimous vote by executive board to approve. Can you pull the microphone toward your face? You're good. Thank you.

Uh, and we definitely are very proud to say that we support it. Um, I have had very little negative. I've had one person that was concerned about the traffic um that it might um deliver to to Blossom Street. But we have faith in the Berts family. They've done this for a while. They're very conscientious of the historic neighborhoods. Um, so we're excited. Thank you. Thank you. Next up.

Sorry. The next name is Heather McDonald. Hello. Good afternoon. My name is Heather McDonald and I'm the executive director of the Five Points Association. I'm here on their behalf as well as our board of directors. Um, as outlined in the letter of support that we've previously submitted to the board, the Five Points District is one of the most is one of Columbia's most recognizable and beloved areas. It's a place built on small businesses, local ownership, walkability, and community connection. But with our long history also comes real challenges. And the most and one of the most significant and long-standing is lack of parking. For years, our business owners have voiced the same concern. Customers struggle to find parking. Employees struggle to get to work. And visitors often choose to go elsewhere simply because access is difficult. Daily parking availability directly impacts whether our businesses can continue to survive and grow. This is not a new conversation in Five Points. The need for additional structured parking has existed for decades. What has been missing is a realistic opportunity to address it in a thoughtful and permanent way. We believe the proposed development at 705 Saluda Avenue finally provides that opportunity. This project is about more than adding a building. It's about investing in the long-term functionality of our district. The inclusion of structured parking will help relieve daily pressure on surrounding streets in our neighborhoods, support existing businesses, and improve access for employees and visitors alike. The requested height variance is essential to making that possible as the additional height will allow structured parking and a hotel to exist together on this parcel. Without it, the very elements that provide the greatest public benefit simply cannot be achieved. We believe this project has been thoughtfully designed, is sensitive to its surroundings, and represents the

kind of smart, intentional development that Five Points needs to remain vibrant and competitive for many years to come. On behalf of the Five Points Association, we respectfully ask you to approve the requested variance and support a project that addresses one of our district's most critical needs and ultimately provides a secure and stronger future for Five Points. Thank you for your time and consideration. Thank you. I also have Nicole Berts.

She said no. Okay. Um [snorts] Claude Patterson or Peterson. Uh yeah. Yeah. Claude Patter. Claude Patterson. Claude Patterson. No. Okay. Um I think it's Richard Berts. [clears throat] Did he? Okay. [snorts] Jim Daniel.

My name is Jim Daniel and I'm president of the Wheel Hill Neighborhood Association. Thank you for letting me make some brief comments. The Burks family came to our annual meeting two weeks ago, made their presentation. Um, there was nice discussion. Since then, I've heard no negative comments from any of the people that were there or for those that had been advised about this project. So, we work with Mr. Burks on a number of projects in the past. Uh we know he does good work and we're looking forward to seeing what he does there. Thank you. Thank you,

Steve Cook. Thank you. [snorts] Uh, Heather Burns. I thought that was a sign sheet. [laughter] Thank you.

I believe that's everyone on the sign-in sheet. And as with the first case, I did want to um, you know, state for the record, there were three letters that were not included with the packet uh, that that were received and sent to the board in advance of this meeting for your consideration. And that includes a letter from Vivian Clark Armstead from actually I believe that one was included in the packet. I apologize. Um so and then also from Kathy Taylor uh from Wales Garden and also from the Five Points Association board of directors. And so those letters were were sent to the board in advance of this meeting. [snorts]

Thank you. Um does the applicant wish to respond to anything? Thank you. [sighs]

Um, Mr. Administrator, um, well, we can close and go to board discussion. Um, but I had a question for you. Is there any, um, I've heard [clears throat] none, but is there any concern that any of the proposed uses are not allowed in the zoning district or a physical extension of a non non-conforming use or change the boundaries shown on the map? um [snorts] in terms of the the criteria that you're looking at. So this this is not you know I think the question is in the criteria is does this have the effect of doing so. Um you know that's a matter for for the board to consider whether a uh 55 ft height variance um you know does does in fact change the official district boundaries. But but that is you know that's that's where the board consideration.

Okay. But that's the only Okay. Yeah. Understand. All right. Open discussion. Yeah. I actually have a comment. I'm actually really excited to hear what my colleagues on the board think about this particular case considering we have all of the neighborhood associations in approval with this case. Uh, but the first case all the neighborhood associations were against and they were for. So, I'm just curious what my other board members are going to do on this case. I'm interested to hear. I'd like to make a motion to approve the variance um for 705 Saluda Avenue.

Do we have a second? A second. All in favor? I. Wow, that was quick. There we go. Um motion carries. Uh it's approved and um I guess I have to hit it one more time. Is is that the only Yeah, I'll make it. Yeah. No other business, Mr. Administrator. Yes. You would you need to make a motion to adjurnn? Yep. Um can I get a motion to adjurnn? A motion to adjurnn. Second. Second. All in favor? I I All right. Ajourn. Thank you everybody. Y'all have a wonderful day.

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