Planning Commission - Regular Meeting

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All right. Heat. Heat. Hey. [Music] [Music] [Applause] August meeting

the chair of the board meeting Excuse me. Point of order. Could you use your microphone, please? Some of us have trouble. So sorry.

I'm sorry. I usually speak very loudly, but yes, that's okay. All right. Great. I'm terribly, terribly sorry. So, um, I would like to introduce it. I don't need to start over again. Okay. I would also like to introduce the staff that assists the the assists the board. Andrew Livvengood, zoning administrator, Erica Hyenne, deputy zoning administrator, and Maline Bowen, land use coordinator. The board is charged with hearing applications for special exceptions, variances, and administrative appeals. All testimony is recorded for the record, and anyone wishing to speak will need to be sworn in and come to the podium to speak. When you speak, if you are, you may never mind. I'll I'll carry on later. No testimony may may be taken from the floor. When you come to the podium, 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 includes all persons presenting information on behalf of the applicant. This 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 three minutes or five minutes if by a spokesperson for an established body or group of three or more. The applicant then has five minutes for rebuttal. The board reserves the right to amend these limits on a case-byase basis. Those of you who plan to speak must be sworn. If you are here as an applicant or to speak in any case, please stand at this time and raise your right hand. Anyone else going to stand and speak? No one. Okay. All right. Do you affirm or attest that the testimony you give today is the truth and nothing but the truth?

Yes. At this time, I will turn the meeting over to Mr. Living Good.

Hi. Um, good afternoon. First, I will start with the consent agenda for today's meeting. Um, the first item on the consent agenda is the approval of the July 3rd, 2005, sorry, 2025 meeting minutes. The next item is 181 Newand Road, which is a variance to the um the tree canopy retention standard. And apparently it's going to take that slide a little bit to go through. Um the next case on the consent agenda is 6068 and 631 Sumpter Street. And um there we go. Uh 1309, 1311, 1313 Blossom Street and 611 and 613 Marian Street. And it is a special exception to reestablish a public dormatory within the INS Jen district. That's institutional general district. And that concludes our consent agenda. Um, does a member of the board or the audience wish to have any cases on the consent agenda removed? in place on the regular agenda. Okay, seeing nobody, um, seeing no protest. Um, I see nobody and see none. Um, is there a motion to approve the minutes and the consent agenda?

A motion to approve. Second. All in favor? I. Okay. Consent agenda is approved. If you're here for the consent agenda, you may leave. We will now proceed with the regular agenda.

Great. Uh the the first item on our regular agenda is uh 20250016CE and that's 5334 Fairfield Road and it is a special exception to permit a convenience store within the CAC district. Um, and the, uh, subject property is a, um, give or take 52,630 ft lot with an existing commercial building. Mr. M, can we pause one second just to acknowledge that Mr. Duval is now joined the meeting? Great.

Thank you. Um, with an existing commercial building containing three suites, the applicant is requesting to permit the establishment of a convenience store within the middle suite, um, also known as 5336 uh, Fairfield Road of the Three Suite building. The applicant is proposing to operate a convenience store with the hours of 8:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 11:00 p.m. on the weekends. Um I I'll note that conditions contained within the um unified development ordinance require that prior to approving a special exception to establish or expand a convenience store, the board find that in addition to the spe the standard special exception criteria um that the applicant is committed to certain conditions and that those conditions are part of any approved special exception. And and for reference, the the full criteria is included in your packet, but it involves a lawyering control program, a litter control program, a signed pledge program, a crime prevention awareness program, and a neighborhood communication program. Um, I'll also note that there should be four letters included in your packet um that that were received prior to the publish publishing of the agenda. And there was a letter forwarded to you yesterday by Deanna Johnson. And also we received a letter just before the meeting. Um and and normally we don't read a letter into the record, but um you know because you may not have a chance to read it yet, I will read that into the record. Um and uh I guess I can wait till after the applicant uh provides testimony before the um members of the public come up. or you could go ahead and get it in now, I guess. I mean, then it'll be in.

Okay. So, um, dear members of the zoning board, as the elected representative for Richland County Council District 3, I am writing to formally request that you deny the zoning request for the property located at 5334 Fairfield Road for the purpose of establishing a new convenience store. Fairfield Road is a corridor that has long suffered from decades of systemic disinvestment and environmental injustice. Today, there are already eight convenience stores along this stretch, with one located just steps away from the proposed site. This level of saturation is not only unnecessary, but harmful to the long-term vision our community is building toward. Allowing another convenience store to open in this area does nothing to enhance the quality of life for the residents of North Columbia. In fact, it sends a disheartening message that our neighborhoods are open to exploitation but not investment. It perpetuates a cycle where profit is extracted from socially disadvantaged communities without meaningful reinvestment in their well-being, safety, or prosperity. Our community deserves better. We are working tirelessly to reshape the narrative of Fairfield Road to attract businesses that bring jobs, dignity, and opportunity. The kind of development we need includes health services, educational resources, sit-down restaurants, and clean retail options. We need establishments that nurture the community, not those that drain it. The people who live here are your constituents, too, and they are watching closely. They are asking for your help in preserving what is left of their voice and their dignity. I urge you to join us in protecting this community from further economic targeting by denying this zoning request. Fairfield Road should not be a dumping ground for predatory development. It should be a gateway to a stronger,

healthier, and more helpful, more hopeful future. Let us not miss this opportunity to get this right. For the people who call this corridor home and for the generations that will come after them. I apologize for not being able to attend today's meeting in person as I am currently away for training. However, I remain firmly committed to standing with my constituents in opposition to this proposed zoning change. Thank you for your service and your commitment to equitable development. Uh, integrity first, service before self. Tyra K. Little Richland County Councilwoman, District 3. And that concludes the um communication to the board for this case from from written

communication. All right. So, at this point, we are um I believe the applicant is here. Yeah. Yes. The next case is the Fairfield Road exception. If the applicant would please come forward and speak um you need to come to the microphone to speak and um make sure you're speaking into the microphone. You'll have 10 minutes to speak.

Okay. I'd like to begin by saying that we're actually a part of that community. My parents live there. I've lived there. Um, we've tried to invest and try to bring up that neighborhood because it's like my my children grew up in that area. I lived on Vernon Street. My parents live on Windmat currently right now, which is about a mile away from um this property. Um, currently it's it's empty. There's nothing there. And it's it's like a blight on the neighborhood. And our our plans are actually to come inside and redevelop it and make it into like a almost like a a safe center for people to come in, buy healthy food, open up maybe like a barber shop, um, and possibly like a restaurant. Um, this is this is what we are hoping for. We're not trying to be predators or take anything from the community that we're not going to reinvest in it because, you know, it's like my family members actually live there. I go there multiple times a day. Uh my brother lives there, my parents live there within a mile of the property. So this is not like, you know, we're coming, we're outsiders coming in. I can say, you know, it's like I I have the the the water of Fairfield Road in my veins. You know, it's like I don't want there to be any kind of like misunderstanding of uh any kind of predatory behavior or somebody coming in and try to bring the property down or you take advantage of the neighborhoods. It is a food desert. Uh there is a lack of like healthy foods. Even though like my mom whenever she goes in the food line, she makes friends with the people that are there. They're incredibly friendly. But there's a lot of times that where we have to get stuff uh from other parts of the city to deliver, you know, or to take for her, you know, suppose like if there's a shortage of bananas or apples or even boost for the elderly, you know, it's like it's hard to find that over there. Um we we have other properties. We have another property on Fairfield Road and

when we took it over and we gave it to Harpet Singh uh on lease, he actually changed like the whole look of the property. It's a lot cleaner now. We we have a petition from people that actually say that they've noticed a change over there since the change in ownership. There's no more hanging out. There's no more um you know like drug deals going on. there's no more like um problems within that area because sometimes what you need is somebody that's actually strong and willing to you know uh prevent any of that stuff from happening. Um we we have um we have notorized letters from the CPD where we actually gave the jurisdiction to come up come into the property and you know lock pe lock people away that were loitering or like you know ask them to leave or whatnot. We we've worked with um uh CPD as well. Uh and that I I don't know what else to say. It's like

um my name is Ray Allen and I'm the realtor working with the gentleman looking to purchase the property and one of the microphone.

I'll say my name is Ray Allen. I'm a real estate agent. I'm working with this gentleman to purchase the property. And one of the things I spoke with them about is if they're going to turn it into a store, what are you going to offer? And so like he said, they did mention bringing in fresh fruit and vegetables, but also investing in the community. I told them, you all are part of the community. Your mosque is there. Your family lives there. Have you looked at investing in the school? Are you willing to provide some snacks? You're a convenience store. Are you willing to pro provide snacks and support the school that's across the street? And they were very willing. They were very open to doing it. Um they have signatures here from people who've come into their other store stating that it is a clean store and that they enjoy shopping there. And it is, you know, they've made it a better place than what it was before.

Board, do you have a yes question? Will you be uh selling alcohol and tobacco? Will you be selling Will you be selling alcohol and tobacco? Yes. Excuse me, mate. Question. I'm sorry. I'm sorry. We can't. You want me to speak into the microphone? Yeah, you need to speak into the microphone. Yes. What was the question though? Will he be selling alcohol and tobacco? and he said yes. Oh, okay. All right. Any other questions from the board?

Yes, I have a question for the applicant. Um, thank you for being here today and thank you for helping us to understand like what exactly you're trying to do at this particular establishment. That's very helpful. Um, especially considering the conditions and how important this community is to all the community members that are here today. Uh my question is the paperwork that we have in front of us has your application for a convenience store. However, today you talked about a restaurant and uh there were some other things you mentioned, but it wasn't a convenience store. So my question is, do you need to refile your paperwork for something else or are you still trying to do a convenience store or what exactly? I'm just it's confusing.

Yes, before purchasing the property, we kind of wanted to get like an idea of what was possible to do um on that property. It is three different um I guess you can say like sublets. The biggest portion is like the convenience store one and on the right side you have like a barber shop with the mirrors and the the chairs and on the left side it was like kind of like a window restaurant where you can walk up, order food through the window and then walk out. We could possibly do like the barber shop and not do the restaurant, do the restaurant, not do the barber shop. That all depends on um like again like what our uh fund situation is like and how successful. Um

so it sounds to me and I'm just going from what you're saying that you're not quite sure what you're going to do with the property yet? No, the barb shop is definitely going to be there. Only thing that we're I guess like probably not sure about would be like the restaurant portion because if you if you have like a window restaurant and you have uh people coming up and ordering food then that has a tendency of like maybe having people like you know just kind of hanging around. Right. Right. Right. I'm just trying to get an understanding what the special exception request is for. So is the special exception request for a barber shop? No sir. A convenience store or a restaurant? This application is for the convenience store. Okay. Okay. Correct. Yes. All right. Thank you.

I think the I don't think the barber shops were or were or restaurant were listed for something that we had to apply for. Mr. Living Good. Right. And and just to clarify, there are three suites within the building and the convenience store if and correct me if I'm wrong is going to be within one of those three suites. Correct. And then subsequently they might have to come and perhaps get approval for some subsequent use. Yeah. Although the other uses would likely not require a special exception. Very good. Then thank you. Any other board questions? This is

No, not for the applicant. All right. This is just kind of a question that I want for the applicant potentially, but potentially for everybody, you know, who has an opportunity to speak today. I would like to hear as we go um whether it makes a difference to the to the community that there is a potential use as a as a barber shop or maybe a food establishment as well. I know that's not part of today's special exception as as has been applied for, but one of the criteria is that it, you know, it doesn't adversely affect the public interest. And since the public is here, we want to I I would like to hear, you know, their perspective on that as well. I I think um

actually if we could try to restrict ourselves to the only issue in front of us or we will be here for a very long time which is only the convenience store if that would be granted but we can we can also approve with conditions as well. Correct. We can approve with conditions. That's correct. And so I would like to know that perspective because if we can approve with the condition that you actually pursue a barber shop as well the I don't I think those are two separate things. Mr. Mr. Living good, can you help us out here?

I I I don't think that I mean certainly a condition upon the operation of the convenience store would be something that would be enforceable, but I don't I don't believe that we could say you would have to open in a separate suite, another business. Okay. Yeah.

Thank you. All right. Any other questions for the applicant? All right. Thank you very much. All right. Would anyone like to speak on the case? And please come forward and state your name. And if you are a member of a group, you may speak for five minutes. And if you are a member, if you're just an individual, you may speak for three minutes and you're being timed. So sorry, we hate to cut you off. Okay. Thank you. I hope I'm carrying a lot better than most.

Say your name. Those of me people like me who are wearing hearing aid, the acoustics is awful in here and I can hardly hear what anybody is saying, nor can I understand you. But I'll go ahead. Um, what is your name? My name is Patricia Brown. I'm president of the Northwood Hills Neighborhood Association. We the five minutes.

The the convenience store is in the Belmont neighborhood and we are not part of the Belmont neighborhood. However, we are right off of Fairfield Road and we are concerned that we have eight convenience stores already in that area and one of them is already owned by the applicant. I I think he just said he owned one of them that he had made a lot of improvements to. Um I'm not exactly sure which one that is, but he says he is the owner of one already. There is also a convenience store that's a half a block from the location that he is asking for. My neighborhood is saying why would we put two two convenience stores within a 500t space of each other. And we are concerned because there is an oversaturation of convenience stores. As the letter stated, we are not against my neighborhood too is not against us having additional business in our area. We desperately want and desperately need additional business in our area. But we cannot understand why we have to be saturated with convenience stores. True, they are convenient and people go to them. But we are saying that anytime you have one thing in a small area, you've got to keep upping the ante to get people to come to your area. And sometimes the attraction uh is the people and what they can do with that place. And they take advantage of the owners because the owners are wanting people to come in. Then we start getting

a lot of people hanging around lording. We start getting crime. We have had letters and we have had reports from our community police officers who come to our neighborhood meetings saying they are getting a number of calls from a number of our convenience stores. I'm not saying the convenience store that's owned by this gentleman is one of them. But I'm saying in our area on Fairfield Road and in the surrounding area, they are getting calls because there there's a lot of laughtering and there's a lot of crime type situations that do occur. We raise children in our area. We have schools. We have churches. As a matter of fact, there's a church that's going to be right next door to this new uh place uh to to this new convenience store. And we are asking you to please consider do do you really feel that it is in the best interest of the city? We know it's not in the best interest of the neighborhood to have an oversaturation of convenience stores that sell alcohol and uh perhaps you know have vape uh uh uh possibilities inside their stores. It is not in our best interest in our neighborhood to have that. So, we're asking if you would please seriously consider and perhaps the gentleman might consider another location for his convenience store since he says he offers so many uh things. He mentioned that he lives in the community and I was wondering where he mentioned that he has convenience stores that are selling fruits and vegetables. I read a letter that he sent to another neighborhood that said his convenience stores sell fruits and vegetable and this would be his goal. And I I asked the person who received the letter and I also looked carefully at the letter, but I couldn't

find any place where he stated where that was. I did not hear him mention where that was here today. However, like I said, I have a hearing problem and I'm having difficulty with your microphone. And um I I just really would like for you to consider it. And I'd like for you to think in terms of if it were your neighborhood and your children's schools and your churches were right next door, if you would want all of that to be surrounded by eight convenience stores. I thank you for your attention and I thank you for allowing me to speak. We have neighbors from Northwood Hill who are here. The Belmont representative is working today and he has said as soon as he got off he was going to try to make it downtown but so I'm seemingly he hasn't made it and so he won't get to speak. But there are a number of neighborhoods who are here represented today that are saying please don't put any more convenience stores in our neighborhood. Don't saturate us with that. Miss Brown, Miss Brown, would you Is it fair to say that there is a proliferation of convenience stores in the area?

A proliferation of convenience stores in the area? Yes, ma'am. Anytime you say that it's a mile area and you have eight already and this man will make the ninth, I think that's a proliferation. Thank you very much.

Hello. State your name for the record, please. Gwindelyn Singleary and I am the executive director of the Wley Kennedy Foundation, a 25-year-old nonprofit in the 29203 area. Also the president of the United Alliance of North Columbia Neighborhoods, which is association of no homeowner associations, churches, small businesses, and some other nonprofits. And we deal with issues in terms of zoning, code enforcement, and cleaning our area up. I'm here to say please do not put another convenience store in the area. The numbers that we have are staggering. While they talked about the eight convenience stores that are right here in that community, I'm going to take go a little bit further. It's 17 plus in a mile radius of that community. So my question is why would we need another convenience store? Unfortunately, convenience stores often bring laughtering, people drinking, hanging outside. Some of them have some prostitution and other things going on as well. Now, the gentleman talked about his plans to have fresh vegetables and all that. I've been to a number of these meetings. I've dealt with a number of ownership requests for these things. They say a lot of things when you're trying to get it. But when it comes down to two months, 6 months, a year, none of those things materialize. So, if I'm not able to put it in writing that you going to make these things happen and we can hold that person to it, that's one thing. So, we are really in concerned about putting another convenience store. I've talked to law enforcement. They are not in favor of it. Now, in terms of Belmont community, Mr. Hammond could not be here today. And like I said earlier, I'm the president of United Alliance. So, I'm speaking for Belmont as well. It's a number other communities. Harlem Heights, Farewell Acres, Green View, the whole list goes on and on. Churches in that community as well. And none of us are in favor of putting that burden on us, our community, or our law enforcement to deal with another convenience store. The saturation is way too much. And unfortunately, it does not

allow us to bring the kind of businesses we want to the community. Certain businesses come when the economy is a certain way. Certain businesses come based on economic base. With all these convenience stores, it's hard to bring a restaurant there. It's hard to bring a a a shop there. Those are the kind of things we want in 29203. Those are the kind of things we want down the north main quarter, the Fairfield Road quarter because of the big vibrant business areas. And we are not able to bring businesses as easily because of all the saturation convenience stores. So we ask you once again, please do not grant their permission to put another burden on us and law enforcement to keep it up.

Thank you. Madam Chair, could I ask a staff a question? Sure. Um, Mr. Living Good, uh, just for perspective, um, I I don't have definitions in front of me. Could you could you outline the convenience store special exception rules, like the requirements for a convenience store relative to something that might not require the same special exception, like a grocery store? Oh, so like what what the difference what the definition is of a convenience store? Yes. Um yeah, hold on a moment. I'll pull up that definition. Uh but

but but generally speaking uh Oh yeah, let me pull it up so I can read it. Yeah, I just wonder if is if it's mainly size or if a certain item can't be sold in a in a grocery establishment that can be sold there. I'm just um as we as we think through some of this, it seems like the applicant acknowledges that the areas of food desert has some intent to potentially, you know, you know, address that. Um can we I I think that's a great idea, but you have to look it up. Can we just get through the comments? I just I wanted to flag it. Yeah. Yeah, let's get through the public comments first if you don't mind. Yeah. M ma'am, if you could come forward and state your name for the record, please.

Yes. Thank you. Um, my name is Angela Clyburn. I am a, uh, lifelong resident of the Green View community, uh, which is adjacent, um, well, somewhat adjacent. We're about two streets over, um, you know, from Fairfield Road. Um, and just full disclosure, I do sit on um, the uh, uh, Richland District 1 School Board. Uh so I am a concerned um ci citizen and public servant um of this area and I am here in opposition um of this project being approved um simply stated it's been stated numerous times um earlier um that we have an oversaturation of convenience stores and like businesses um in this area. Um, it kind of brings me back to, you know, the smoke shops or the the vape shops or the um um cash checking, you know, the uh check cashing um establishments that have, you know, turned out to be very predatory, you know, in our communities. Um, but we are on this topic. Um and I, you know, I was listening earlier, um there were a lot of possibilities, um or might or we may decide to do, you know, A, B, or C. Um, but when it comes down to it, you know, a lot of times the claims that are made, you know, in these applications when they're wanting your approval, when they look at the bottom line and they look at the uh cost that it takes to keep fresh fruits and and healthy food options, they turn out to be more cost prohibitive u when it comes to, you know, implementing those things that they claimed in their application that they were going to do. and they decide to look at their bottom line

first and uh not offer those options or you know allow their fruit to fruit to rot you know in their stores. I've seen that in convenience stores um that I've visited um you know over the years. Uh so that's concerning to me. Um we sit in uh the 29203 corridor which is rampant with uh health issues. um we have health disparities that we don't have in other zip codes. Um so, you know, the so-called healthy snacks that they would offer, I don't know how healthy they would be um when it comes down to it. Um and also, you know, of course, I said I sit on the school board. I'm concerned about our our young children, our students that are going to be, you know, frequenting the, you know, these establishments. You know, right now we have situations where our students are getting into trouble. You know, in some cases, we don't need to increase those opportunities. Um, and yes, our law enforcement is great. They react when they need to react, but we need to be u preventative when it when it comes to situations. How do we, you know, get our students to get involved in um more positive activities? So, um, again, I'm in opposition of this and I I would ask you to please weigh heavily, you know, these concerns that these communities are having. We want better, you know, in our communities. So, thank you so much for listening. Um, and I look forward to working with you. Thank you.

Hello. Please state your name for the record.

Regina E. Williams is my name. I am president of Book of Washington Heights neighborhood. Um, and I think I have a question and unfortunate Well, I have a statement first. Thank you, Governor McMaster, because I will not have to come back and keep asking these convenience stores to not come into our neighborhoods because he's signing into law or order today that will per will not allow SNAP benefits to be used for junk food. And a lot of these places where these stores are, that's because it's a food desert. They take their SNAP benefits and they go into these places. So, they're not going to be making a lot of money hopefully. The other question I have, and it's probably for Mr. living good. Who can we get to talk to the various communities about a an overlay or or something? Because right there within um a mile radius on Pharaoh and Belt Line, we have nine nine of these convenience stores. Who can we get to teach us how to do an overlay that would prevent this? Then you all wouldn't have all of this all the time because it would not be allowed. Now it is being allowed. So, I'm going to call on my city folk to help us, the citizens,

to not have a proliferation or a saturation of these types of buildings, of these types of businesses. I think that would be if you are in district three. District. What district are you in? District one. I think that's Tina Herbert. If you were in district one, you don't know your your city council district. Oh, no. I know all the city council. City and county. Okay. But you're saying that the city councilmen would be responsible for potential potentially discussing for the protective overlays. No, not not

No, I know. I don't think they can be doing that. City council could potentially do something like that. Maybe. I don't know. Would it be zoning? Well, well, ultimately an overlay would be uh something that would be a map amendment, but I'd be glad to talk to you about options. Yeah. So, if we call if if we call a meeting, then you would come and speak with us about that. Yeah. I mean, I recommend that we we talk first. Okay. Thank you so much. Thank you all. Thank you, ma'am. Outside of the applicant, uh, who is in favor of this, how many people in the audience um, besides the applicant are in favor of this convenience store?

Speak. Okay. No, I that's what he wanted to know. I don't know. All right. All right. Would someone anyone else like to speak? And whoeverse phone keeps dinging. It would be really nice if you could turn it off.

Good afternoon. My name is Kay Patterson. I'm president of Whitney Springs Neighborhood Association. That's exactly one block away from Fairfield Road. I'm also president of CCN. That stands for Columbia Council of Neighborhoods. But I'm actually up here to speak as a resident and one who has grown up in the area. As a young girl, I walked from Alcon Middle School when I missed the bus to Lankenshaw. That's quite a nice walk. But I remember in the past what that area looked like. It was a beautiful area. Um it was safe. That's why I could walk with no problems. I could also um just remember the layout, the landscape of the neighborhood. And sad to say, over the years, it's gone down. It's gone down very bad. And um as the um previous speakers have mentioned that the area is oversaturated with convenience stores. The businesses that was there that made the neighborhood thriving, that particular area nice, they're not there anymore. And I would love to see them come back. I would love to see them build up to the area where people would feel safe walking up and down Fairfare Road in that particular area. And um I'm just up here just to say do not approve the um request from the gentleman to um reszone that area. Thank you.

Thank you, ma'am. Would anyone else like to speak? Um if I can interrupt real quick and I I apologize but uh you know Mr. Driver had a question about the definition of convenience store versus grocery store. Excuse me. Okay. Can we get cliff notes version?

Exactly. So I won't read the entire definitions but uh size is part of the definition. Uh so if the store is over 5,000 square ft then it would not be classified as a convenience store. But the definition of convenience store does talk about um convenience items. So not to say that there couldn't be fruits and vegetables in a convenience store. Um but the difference between a grocery store is is a store that primarily sells foods for consumption at home and not necessarily for travel. So this has been a question that I've had with applicants before and it really really when we are looking at it from zoning we're looking at the prepoundonderance of what it is they're settling and if it's primarily you know snack size this and etc etc then that's a convenience store.

Thank you. Do you guys have I'm I'm looking in the application. I don't I don't see it. I see the lot size is 52,000 ft. Do we know how big the parcel that is at issue is? So, well, that that would be the the size of the parcel. The the the building itself, I looked up. It looks like it's about um 3,500 square ft heated and then an extra 400 ft² of unheated. So, so about 3,900 ft² total. Okay. And 5,000 is the floor for a grocery establishment. I mean, you could have a grocery store less than that, but it it would we would have to look at their business plan and and make that judgment that is a grocery store, not a convenience store. Understand that's really helpful. Thank you.

Yeah. Sorry. And if you could state your name for the record.

My name is Faison Vora. My parents are the owners of the Fairfield Market Convenience Store, which is literally the second building over for where uh this special exception is being requested. So, as you can probably guess, the reason why I'm here and why we're opposed to it is because it's right literally next to us and it will hurt our business significantly. Uh, my parents have owned and operated that convenience store for over 15 years. And, um, I believe that there's almost like 10 other stores within a 1 mile radius. And if a new one is allowed, it would be right next to us. And that scares us cuz it could possibly put us out of business. And I understand it makes sense to pursue business opportunities, but another store right next to an existing store makes no sense to me personally. And um my dad, he has mentioned to me that um he's uh had a lot of people, customers, friends um who have talked to him about being interested in that building and putting in businesses. Like earlier today before we came here, we talked to a gentleman and he said he was interested in putting a daycare in that building. But before he had the opportunity to inquire about the building, it was quickly under contract. So, um I don't know much about the zoning rules, but I'm assuming the reason there is a special exception uh requirement is so that there isn't a saturation of similar businesses. So, um, just a closeup, we're opposed to it because it's such it's in such close, uh, proximity to us and it would hurt us and also it wouldn't do good to the area where other businesses are, uh, needed. So, thank you.

Would the applicant like to return to the podium to to reply to comments? You don't have to if you don't want to. And we'd ask if you have a cell phone, please put your cell phone on silent. That'd be very helpful. Thank you. Yeah, the Danny is just nuts.

Um, I just had a question for the um young lady. What kind of businesses used to be in the neighborhood when you were younger that you felt Excal. I I'd like to ask the the young lady that was up here previously to ask her what kind of businesses were in the neighborhood um when she used to walk around and uh it was safe to walk around. I mean I can if she wants to come forward I suppose

just briefly if you would please. Okay. There was a Dairy Queen which I got in trouble for. Um crossing the school doing lunch hour to buy um sundies from Dairy Queen. There was also a daycare in that area that was mentioned earlier. Um there was also um an auto repair shop I remembered. And um I believe I believe there was a um a clothing store. It was excuse me I put two years ago the a clothing store. Okay. Thank you.

In that closet it was it was a clothing store uh sold um you know sewing stuff apparel not clothes also. It was a Wind Dixie before it became a food lion. It was the library there. Um, what else was there? Well, it was a a laundromat was up in that area. It was a Family Dollar in that area cuz the um library moved over to North Main, but when we moved out there in the 70s, it was a small branch within the plaza. Um, we had a convenience store up there, but not that many. So, thank you very much. Okay. Yes. All right.

Thank you. motion to staff comment. All right. All right. I think we'd like to close testimony at this time.

All right. Let's begin board discussion. I I'll just go ahead and say um I think that this is pretty easy one for us. Well, for me, I'll say for me it's a pretty easy one. Um according to the rules of this board for special exception rules and our criteria um uh for a zoning request to be approved it has to pass all I think 12 of the criteria that we have in front of us and this is a clear um this particular establishment um when it comes the the special exemption request. 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 a special exception use is proposed to be developed makes this a very difficult um case to approve. Um, I think that uh I think it's important that business owners are coming to the area. I think it's important that business owners look at alternative methods of business like barber shops and uh fresh food. Um, I think like many of the neighbors have stated, this area is in need of those types of businesses. However, for those types of businesses to look at this zip code as a potential business opportunity, having additional convenience stores, particularly ones that sell alcohol, it's just not beneficial to the neighborhood at all. So,

proliferation, we've heard that there are um 17 convenience stores within a onem radius, I believe, and two miles. They're going to be about 17, but in one mile, it's about nine. Nine. Yes. So, and all of them sell alcohol. Yeah. Yeah. It's predatory. Was the fair rode and the right. Okay. Thank you. Thank you. All right.

Yeah. I I would I would just add to the factor number eight that um the shar pointed out. Um I think you know like you said we have to meet all 12. I think um number seven is that it will not have a substantial adverse impact on public safety safety or create nuisance conditions. The burden to show that it is not is on the applicant. Um and I'm not convinced that we've we've met that standard. Um and then with respect to number 12, it's it's that it will not adversely affect the public interest. And I understand this is, you know, a little bit tricky. the applicants also from the community, but we have a lot of community members here and I expect that they know their interest. They're the public. Um, so I I have a concern with number 12 as well. Um, the only other thing I mean I would say is I think there are creative, you know, creative potential options available, but I don't think what's in front of us as a convenience store is is the one that we can approve today.

Yeah. if you can find a way to get your foot in the door not selling beer and tobacco, build your base, build your customers, and then maybe reapply. But yeah, I have I have a question for the for the record here. Um there is no mandatory or um any type of order that uh is in place for business developers to meet with neighborhood associations before development. Right? That's always an option, right? It's not mandatory. It's highly advised. It it is recommended.

It's recommended, right? But but not not for I just think it's not required as Yes. I just want to say on the record to staff, I think I think a lot of these cases would be expedited if business owners could meet with neighborhood associations before even applying for a zoning. Right. We we provide then the neighborhood associations will be clear about what's happening. Right. We we do provide uh contact information for the neighborhoods that we're aware of from the um CCN. Okay. That's good to know. All right. Thank you. Any further board discussion? Do I have a motion? A motion to deny. Second. Wait. Yeah, that has to be worded differently.

What? Move that we deny. Yeah.

Right. Right. Move that we b deny it based on proliferation. Right. resolution that we deny based on proliferation and the other text that Katherine is talking about adver I believe I believe we had adverse to the public interest and um potential uh vehicular and pedestrian safety issues as well correct is that where you came from Colton all right thank you so all right so so can you say all that uh you got to write it down I I I wrote down that it was criteria numbers 8 7 and 12 that y'all were discussing.

All right. Very good. So, we move that we deny it based on criteria and 8 criteria um 78 and 12. Is that what your motion is? Yes. Thank you very much, Catherine. Do you have a second? A second. Do you have a second? Should be fine. I think it's fine. Yeah. Okay. Are we taking a vote? Do we have a second? Second. All in favor? I I'm all in favor of denying the motion. I I

All right. Thank you. Motion is denied. The the special exception is denied. [Applause] [Music] [Applause] All right. Next case. Oh, we've got a cheat sheet. What you mean?

It's not It doesn't have to be perfect. I think you just need to you just need to state the criteria. is the is the um the next item on our agenda

is 43284 Jackson Boulevard which is case number 2025-000020 and this is a request uh for a special exception to permit a type 2 eating and drinking establishment and if you if you recall the type two eating and drinking establishment is one that is open after midnight Um and it is subject to uh certain criteria. Um but anyway, the subject property is is um an approximately 9,30t lot containing approximately uh 2,820 ft building. The applicant is proposing to stay open Friday and Saturday nights until 2:00 a.m. and close before midnight on Sunday through Thursday. Uh the establishment would occupy the entire building which was formerly divided into three suites. And like I said, as with a uh convenience store, there are certain criteria in addition to the standard criteria the board has to consider. And um and the um requirement is that the board shall make it a part of the conditions um these criteria and and so those items are the days and hours of operation, the staffing schedule, the menu and hours of food service, uh the parking for customers and employee employees, sorry, and the type of entertainment and the duration thereof and then a seating plan. And uh I believe the applicant is here and we'll we'll address um her application.

Come come forward and and state your name for the record, please.

Hello, I am Quanisha Rice. I am the owner of Exhale Cafe. I am a South Carolina native. I graduated from Laura Richland High School and Coastal Carolina University. Um, I've dedicated over 10 years to hospitality and customer service. Um, I've managed plenty restaurants, um, which was kind of like my stepping stone into realizing that I wanted ownership. Um, at Exhale Cafe, I've curated a menu of handheld delights. Um, from pancake tacos to peanut butter and jelly, French toast sandwiches, um, all the way until our signature Exhale Club. um Exhale Club. Um we are committed to serving our community. Our hours of operation, like you stated before, right now our lunch and brunch are the key times that we want to keen into. But in light of our targeted audience um busy schedule, we also would like to um ask this request of oper later operating hours. is to enable our customers and cater to um our professional customers who seek a peaceful dining experience later at night.

Any question? Is this the one next to Tacosa? Say it again. Is this the unit next to Tacos El Pa? Yeah, the blue building. Okay. Mhm. Their building is the blue building. Ours is the one next to it. Like you said, it was four different suites and we converted it into one. um our community, we do have a lot of restaurants there that operate around those same things, same hours and times. So, we're just asking that as well. Any question, other questions? Any questions from the board?

I have a I have a question. Um I don't know. So the type two is specifically for establishments that are open after midnight. That's correct.

Okay. So u a so we in that general category we have an eating place only and we have an eating and drinking place that uh type one and that would include establishments that are open until midnight. So if the applicant was applying for the business to close before midnight, it would not need a special exception. That that would be correct. Okay. That was my question. Thank you.

So, so the factors that we're looking at are effectively for between the hours of midnight and 2 to 3:00 a.m. on Fridays and Saturdays. Yes. I mean, an other applicant might propose longer hours and on more days, but but uh for this application, the request is yes for Friday and Saturday nights. The money Sure.

Yeah. Yeah. Yeah. Any other questions from the board? Anybody in the audience from ino opposition that? Okay. Well, do we have a motion then? Motion to staff comment. I'm sorry. Testimony. Okay. Okay. So, be your partner. We have to close applicant comments first. Okay. So you've that's your presentation, correct? Correct. Thank you very much. No problem. All right. And now we are. Thank you. Testimony is closed. Let's begin board discussion.

I can do this. I'll get it right sooner or later. I don't have a problem. Anybody? I I didn't see anything that's problematic in the application. Yeah, there's several restaurants in that area that stay open at one or so. I think there's a sub place Buffalo and they need more of it in that area anyway. So, yeah. Yeah, I agree with that. Tyney, I'm in favor. All right. Can I have a motion? I move to approve the application uh pursuant to staff comments. Second. Subject to staff comments. Yes. All right. And a second. Do I have a second? Second. All in favor? I I. All right. Motion carries.

All right. And and that concludes our agenda. Do I have a Do I have a motion to adjurnn? Motion to adjourn. All second. Second. All in favor? I. Meeting is adjourned. [Music] [Music]