BOARD OF ZONING APPEALS CASE SUMMARY FOR SPECIAL EXCEPTION
3818 Devine Street
October 1, 2020 at 4:00 P.M.
Case Number: 2020-0053-SE
Subject Property: 3818 Devine Street, 600 & 630 Kilbourne Road (TMS# 13807-03-01, -02, -31)
Zoning District: C-3 (General Commercial District), C-2 (Neighborhood Commercial District), -CC (Sherwood Forest)
Applicant: Denise Hoffman, Cline Design Associates
Property Owner: The Niggel Family Partnership
Summary Prepared: September 10, 2020
Requested Action: Special Exception to establish a liquor store Applicable Sections of Zoning Ordinance: §17-258 Liquor stores (SIC 592) are permitted in MX-1 districts by special exception
§17-112 Standard criteria for special exceptions
Case History: N/A
Staff Comments: This application for special exception is to permit the establishment of a liquor store in conjunction with a new grocery store at 3818 Devine Street.
The three subject parcels combined total +/- 3.26 acres and are part of a commercial group development. The proposed liquor store will be located in the existing footprint of the grocery store and accessed through a separate entrance. It will be operated in a manner that complies with state statute for retail liquor licensing.
Properties to the east and west are zoned commercially and residentially to the north and south.
*Please note that Zoning is not tenant specific. A grocery store is a permitted use in the C-3 district.
Should the Board approve this request, the following items be conditions of approval:
The approved liquor store shall operate in substantial conformance with the application and supporting materials submitted by applicant. Following vacancy, abandonment, or discontinuance of this use for a period of 12 consecutive months, the special exception shall be considered completed and shall expire.
Any documents submitted by persons expressing support or concern about this application are attached hereto and made part of the record of the public hearing.
PAGE 1 OF 1 3818 Devine Street, 600 & 630 Kilbourne Rd Zoning Map Special Exception 2020-0053-SE TMS# 13807-03-01, -02, -31 µ Department of Planning & Development Services
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RS-1 E RS-1 C-2 B RS-1A C-3 A RS-1B C-3A RS-2 C-4 RS-3 C-5 RD M-1 Subject Property RD-2 M-2 RG-1 PUD-C DEVINE ST RG-1A PUD-LS RG-2 PUD-LS-E RG-3 PUD-LS-R RG-1 UTD PUD-R C-1 MX-1 OUT OF CITY MX-2 DD DISTRICT DP DISTRICTS PD DISTRICT CC OVERLAY ) City Landmark C-3 1 inch = 151 feet PUD-R
ORIGINAL PREPARATION/DATE: This map was prepared by: Hope Hasty for October 1, 2020 BL OSSO BoZA Meeting M ST C-2 C-1
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Planning and Development Services R Forest data represented on this map or plan U is the product of compilation, as O B
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** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION 02/04/2019 02/04/2019 01/26/2019 - 02/08/2019 Date Received: Case #: Office Use Only Staff Initial: Invoice:
CITY OF COLUMBIA ZONING DIVISION 1136 Washington Street, 1st Floor Columbia, SC 29201 Office: 803-545-3333 E-mail: [email protected] www.columbiasc.net SPECIAL EXCEPTION APPLICATION CITY OF COLUMBIA BOARD OF ZONING APPEALS
PLEASE READ: So that we can better serve all applicants, completed applications must be submitted by the 4:00 PM published application deadline (please refer to the official BoZA Calendar, available on our web site at www.columbiasc.net). Any failure to submit all required documentation and payment by the published deadline shall result in applications being returned, withdrawn, or scheduled at a later date.
** In some instances, a pre-application meeting with staff is encouraged. Applicant is strongly advised to contact and/or meet with the adjacent neighborhood association(s) to communicate details of the proposed project prior to application submittal. Neighborhood Association contact information may be obtained from Zoning staff.
Property Information
Address of Subject Property:
Tax Map Number(s): Zoning District: Overlay District:
Current Use of Property:
Estimated Value of Project: Type of Development:
Applicant Information
Applicant:
Name of Company (if applicable):
Mailing Address
City: State: Zip:
E-mail Address: Phone:
Are you the property owner? Yes No
If no, please ensure the Letter of Agency is completed in its entirety and submitted with application
Page 2 of 4 Revised January 2019 Special Exception Application Case #: City of Columbia Board of Zoning Appeals
Please provide the specific section(s) of the City of Columbia Zoning Ordinance from which a special exception is being requested (ex. 17-258). To find the applicable section, please see Chapter 17 of the City of Columbia Code of Ordinances, viewable at www.municode.com Section(s):
Description of Request: Please describe your proposal in detail. You may attach a separate sheet if necessary. Additionally, you may provide any supporting materials that are applicable to your request (i.e. business plan, site plan, plat of property, photographs, etc.)
Applicant Response to Section 17-112(2): The Board of Zoning Appeals shall approve an application for a special exception only upon finding that the required criteria are met (see 17-112(2) of the Zoning Ordinance). In evaluating your request, the members of the Board will review the answers below as part of the case record. You may attach a separate sheet if necessary.
1. Describe in what ways the proposed special exception will not have a substantial adverse impact on vehicular traffic or vehicular and pedestrian safety and how adequate provisions are made in the proposed exception for parking and for loading and unloading.
2. Describe in what ways the proposed special exception will not have a substantial adverse impact on adjoining properties in terms of environmental factors such as noise, lights, glare, vibration, fumes, odors, obstruction of air or light, and litter.
3. Describe in what ways the proposed special exception will not have a substantial adverse impact on the aesthetic character of the area, to include a review of the orientation and spacing of buildings.
4. Explain how the proposed special exception will not have an adverse impact on public safety or create nuisance conditions detrimental to the public interest or conditions likely to result in increased law enforcement response.
Page 3 of 4 Special Exception Application Case #: City of Columbia Board of Zoning Appeals
5. Explain how 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.
6. Explain how the proposed special exception is consistent with the character and intent of the underlying district as indicated in the zoning district description, with any applicable zoning overlay district goals and requirements.
7. Describe how the proposed special exception is appropriate for its location and compatible with the permitted uses adjacent to and in the vicinity of the property.
8. Explain in what ways the proposed special exception will not adversely affect the public interest.
Residential: $50.00 Commercial Projects: Valued ≤ $50,000 $75.00 APPLICATION FEE TO BE PAID AT Valued > $50,000 $125.00 TIME OF SUBMITTAL
By signing below, I, the applicant, understand and/or acknowledge that:
1. I have completely read this application and understand that, while the Board will carefully review and consider this application, the burden of proving conformance with the Special Exception criteria lies with me.
2. The Board of Zoning Appeals conducts public hearings on the second Tuesday of each month in City Council Chambers, 3rd Floor of City Hall, 1737 Main Street, Columbia, SC 29201.
3. The proposed use and/or construction complies or will comply with all other requirements of the City of Columbia Zoning Ordinance.
4. The Board of Zoning Appeals will render a written order regarding my application. Any time frames related to an appeal of a decision of the Board of Zoning Appeals shall start from the date the written and signed Order of the Board is mailed to the applicant via certified mail.
5. The Board may prescribe appropriate conditions and safeguards to any approval in conformity with the ordinance (i.e. (1) hours of operation; (2) landscaping; and (3) screening of activities or structures).
6. Violations of the conditions of a Board approval shall be punishable under the penalties established in the Zoning Ordinance.
7. As the applicant, I affirm that the subject parcel is not restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the requested activity. (See Section 6-29-1145 of the South Carolina Code of Laws)
Signature: Print Name: Date: Page 4 of 4 LETTER OF AGENCY BOARDS AND COMMISSIONS
TO: Planning and Development Services, City of Columbia
I, the undersigned property owner, do hereby attest that I am the person that holds, or I am authorized on behalf of the party that holds, fee simple interest in the following parcel(s):
COMMON STREET ADDRESS(ES):
TAX MAP NUMBER(S):
Further, I hereby authorize the persons and/or entities listed as AUTHORIZED AGENT(S) below to act on my behalf for the purpose of submitting documents, amending documents, meeting with staff, attending public meetings and hearings, and as otherwise may be necessary and proper to fulfill the required steps to request the following:
1. Variance, Special Exception, and/or Administrative Appeal (Board of Zoning Appeals)
2. Zoning Map Amendment (Planning Commission and City Council, if applicable)
3. Site Plan Review (Planning Commission or D/DRC)
4. Design Review (D/DRC)
5. Minor Subdivision (Staff)
6. Major Subdivision (Planning Commission)
**Please strike-through and initial any of the above-listed steps that do not fall under the scope of this Letter of Agency
Name, Company/Firm, Telephone Number AUTHORIZED AGENT(S):
Please note that the Authorized Agent(s) will be the designated contact for all correspondence related to the above-listed steps
SIGNATURE OF PROPERTY OWNER: DATE: PROPERTY OWNER NAME (PRINTED):
WITNESS TO SIGNATURE: DATE: 8/13/2020 WITNESS NAME (PRINTED): Desmond Anyanwu
Rev. 9/2019
BLOSSOM STREET KILBOURNE ROAD KILBOURNE 4 6 14 11 4
BUILDING AREA 12
DRUGSTORE 6
= 4,203 SF
EXISTING
DEVINE STREET 2 9
TOTAL SITE AREA = ±3.26 AC
EXISTING GROCERY STORE
BUILDING AREA = 34,613 SF
137 PARKING SPACES 10 14 12 14 10 9 1. SITE NOTES 3. 2. 4. UTILITY NOTES 1. 6. 5. 3. 2. 4. PARKING PROVIDED EXISTING PARKING PARKING REQUIRED REAR SETBACK FRONT SETBACK PROPOSED USE EXISTING USE BUILDING HEIGHT BUILDING SIZE SIDE SETBACK SITE ADDRESS ZONING TAX PARCEL ACREAGE APPROXIMATE FOOTPRINT. REFER TO ARCHITECTURAL, MECHANICAL, ELECTRICAL, AND NOTIFY ENGINEER OF DISCREPANCY PRIOR TO PROCEEDING. PLUMBING PLANS FOR BUILDING LAYOUT AND INTERNAL UTILITY RELOCATED WHEN NECESSARY OR ADAPTED FOR TIE-INS. UTILITIES MAY EXIST WHICH ARE NOT SHOWN ON THE PLANS. REROUTING LOCATIONS WITH APPLICABLE AGENCIES. BRASS CAP SET FLUSH WITH THE PROPOSED GRADE. CONTRACTOR TO FIELD VERIFY EXISTING INVERT FOR SANITARY SEWER COORDINATE WITH THE UTILITY COMPANIES TO HAVE CONFLICTS COMPANIES HAVING UTILITIES WITHIN OR ADJACENT TO THE WORK CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING ALL UTILITY CONTRACTOR SHALL COORDINATE UTILITY CONNECTION AND SERVICE CONNECTIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL SERVICE. ALL ONSITE UTILITIES SHALL BE LOCATED UNDERGROUND. ALL UTILITY CONNECTIONS END AT 5' OUTSIDE OF THE BUILDING AREA. THE CONTRACTOR SHALL HAVE UTILITIES ALL SANITARY SEWER CLEANOUTS IN PAVED AREAS SHALL HAVE A INSTALLED PER THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST EDITION. DESCRIPTION, ADJOINING PROPERTIES, ZONING AND USE. UNLESS OTHERWISE NOTED. OTHERWISE NOTED. SEE EXISTING CONDITIONS SHEET FOR COMPLETE BOUNDARY ALL PROPOSED PAVEMENT MARKINGS AND SIGNAGE SHALL BE ALL PAVEMENT MARKINGS SHALL BE THERMOPLASTIC UNLESS ALL DIMENSIONS ARE BASED FROM FACE OF CURB TO
100 SITE INFORMATION TABLE 129 10' 13807-03-01, 13807-03-02 & 13807-03-31 EXISTING DRUGSTORE: 4,203 SF EXISTING GROCERY: 34,613 SF (NO MODIFICATIONS TO EXISTING DRUG STORE) GROCERY STORE WITH RETAIL TENANT GROCERY STORE AND DRUGSTORE CURRENT: 8 8 3.5 SPACE/1000 SF = 136 SPACES 0' 34.5 FT 3818 DEVINE STREET, COLUMBIA, SC 29205 25' 131 : ACCESSIBLE SPACES ACCESSIBLE SPACES 3.26
STANDARD SPACES
SITE PLAN LEGEND STANDARD SPACES EXISTING BUILDING EXISTING STANDARD DUTY CONCRETE PAVEMENT EXISTING STANDARD DUTY ASPHALT PAVEMENT PARKING COUNT EXISTING PROPERTY BOUNDARY ±AC GENERAL COMMERCIAL (C-3) CURB AND GUTTER
NORTH 141905 ±SF FIELD LOCATED AND 13183.41 TOTAL TOTAL 137 139 ±SM
KHA PROJECT 017031113 SHEET NUMBER
SP-1 DATE COLUMBIA - 08/19/2020 SITE PLAN SCALE AS SHOWN © 2020 KIMLEY-HORN AND ASSOCIATES, INC.
DEVINE DRAWN BY ARS
COLUMBIA SOUTH CAROLINA CHECKED BY JEH No. REVISIONS DATE BY Jaen, Erica L
From: Bethany
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Hello,
I know there is an upcoming hearing about putting a Lidl liquor store at the corner of Kilbourne and Devine (currently the site of a former Long’s Drugs). I am writing in FAVOR of this new business and zoning exception.
I regularly travel this corridor between work, errands, and home, and I would welcome a quality grocer and liquor store at this location. I am familiar with the Lidl brand and know that this will not be a typical package store but instead something quite nice, similar to Bottles (which sells beer and wine only) also on Devine. This is a busy street with of a variety of businesses, but a clean and well-stocked liquor store is not yet among them.
Thank you,
Bethany Tisdale (Resident of 29209 zip code)
Sent from my iPhone
1 Jaen, Erica L
From: Ann Yancey
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I have nothing against liquor stores, but don't we have enough of them in this area? This end of Devine Street seems to be getting more than its share of unappealing businesses in the past few years. I hope this property can be put to a nicer use than a Lidl Liquor Store.
Ann Yancey 820 Cross Hill Road 29205
1 Jaen, Erica L
From: Bailey R. Wolfe
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Please do not put a liquor store there!! It is next to a school. There are plenty of liquor stores in the area or able to go elsewhere.
Thanks, Bailey Wolfe
Sent from my iPhone
1 Jaen, Erica L
From: [email protected] Sent: Thursday, September 17, 2020 11:43 AM To: COC Board Meeting Subject: [EXTERNAL] Lidl versus Piggly Wiggly on Devine
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I have lived in the Rosewood area for 25 years and have been a customer of the Piggly Wiggly on Devine all that time. This is a locally owned business that is important to the neighborhood it serves. I would not like to see a German discount store in that spot. I have nothing against Lidl but Lidl needs to find another location. Leave our Social Pig alone!
I also have no love for a liquor store in the Long’s building. Again, there are better location options.
Carol Williams 3810 Capers Ave Columbia SC 29205
1 Jaen, Erica L
From: Libby West
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I would love for Piggly Wiggly on Devine St. to stay there. All of us love to shop there. Please help us. Text me what is going to happen
1 Jaen, Erica L
From: Libby West
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I would love for Piggly Wiggly on Devine St. to stay there. All of us love to shop there. Please help us. Text me what is going to happen
1 Jaen, Erica L
From: Margaret Smolka
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We do not need a liquor store in front of the Piggly Wiggly on Devine St in Columbia
Sent from my iPhone
1 Jaen, Erica L
From: Allyson S
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Good afternoon. I’m writing to express my concern and objection for the location of the proposed Lidl Liquor store on the corner of Kilbourne and Devine Streets in Columbia. This location is in the middle of a residential area and surrounded by churches and schools of various ages. Given the availability of liquor in the near vicinity at several other locations, it would appear another business would be more appropriate and well received by the community. Particularly during these times where mental health and substance use issues are on the rise, the idea of adding this store could create more burden on mental health and substance use services that are already over burdened and underfunded. I believe our community would engage well to support another business in this area. Please know that the local residents strongly object to this proposed location.
Sincerely, Allyson Sipes Heathwood
1 Bailey, Rachel L
From: Alexandra Rowe
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Dear Zoning Commission,
I strenuously object to allowing a company of a foreign nation to replace the locally owned and operated Piggly Wiggly on Devine, a neighborhood grocery store that has existed for 40 years and been a stalwart supporter of the local neighborhoods (Sherwood Forest, Shandon, and Heathwood).
I built my Bloomwood house in 1994 and one of the reasons I chose this location is the Social Pig. I can walk there. The produce is local. I can get all my staples there, which I cannot get at other local stores. I can support the local owner and products there.
As a discount store, Lidl offers very few options, which are primarily Lidl brands. There is no need for a discount grocery store in this neighborhood. Discount stores offer inferior products. This is not an inferior neighborhood. Please don't allow it to be demeaned.
Thank you for your attention, J. Alexandra Rowe, Ph.D. (retired, University of South Carolina)
1 Jaen, Erica L
From: RIVERS, WILLIAM
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TO: Members of the Zoning Board City of Columbia Columbia, SC 23 September 2020
FROM: William E. Rivers 3807 Bloomwood Road Columbia, SC 29205
SUBJECT: Opposition to Application for Exemption to Zoning Regulations for 3818 Devine Street
I am writing to register my strong objections to the application for exemption from the current zoning plan in order to allow Lidl to install a liquor store at 3818 Devine Street, Columbia SC. The arguments I present below are the grounds on which I oppose not only the Lidl application for an exception to current zoning to open a liquor store, but also Lidl’s plan to install a grocery store at that location.
Current Zoning for 3818 Devine Street
The current zoning designation for 3818 Devine St is NAC: Neighborhood Activity Center/Corridor District. For your convenience, I have copied the City’s stated purpose for that particular zoning assignment. As you reread it, please think about how well the Piggly Wiggly now in that location fits the purposes defined for this zoning designation—and how poorly that zoning fits a store with the business plan followed by Lidl. (I have placed several key phrases in boldface for emphasis.)
(e) NAC: Neighborhood Activity Center/Corridor District (1) Purpose The purpose of the Neighborhood Activity Center/Corridor (NAC) District is to provide lands that accommodate moderate-density, walkable, neighborhood-scale mixed-use development with neighborhood- serving commercial development within the City’s urban neighborhoods. The district is intended to be applied to portions of a city block, consisting of storefronts with limited on-site parking. Uses are intended to be neighborhood-serving and capture some through-traffic, though auto-oriented uses and design are discouraged. Allowed uses include live/work and multi-family dwellings, mixed-use, offices, personal services uses, and community service uses. Clearly, Lidl’s business model does not fit the stated purpose of Columbia’s description of a Neighborhood Activity Center/Corridor. Lidl is a high-volume seller of groceries and home goods including beer, wine, and distilled spirits.[1] A Lidl store is therefore designed to provide prices and products that will attract a large number of customers from a large area (in this case most of downtown Columbia and outlying areas as far away as West Columbia, the Forest Acres area, the Garner’s Ferry Road area, and other areas close to but beyond Columbia’s city limits.
1 The presence of a liquor store with a legally required separate entrance would attract not only customers who are shopping in the Lidl’s grocery story, but also customers attracted by lower prices on liquor. Its presence is thus highly likely to dramatically increase traffic (and thus safety issues) on local streets. It would also insure crowding in the relatively small parking lot at the current Piggly Wiggly. The traffic and congestion that would come with a high volume, discount liquor store at this location can be easily seen by looking at the heavy traffic in and out of Green’s on Assembly Street. Existing Lidl stores in the Columbia area clearly demonstrate that a Lidl store should not be located in residential neighborhoods where space is limited and additional traffic would be seriously problematic. For example, the Lidl in Lexington is located in a high density commercial area that already has heavy traffic. It is in an area zoned General Commercial. The near-by residential areas are new developments with their own entrance roads. The Lidl in the northeast area of Columbia on Summit Parkway in an area just off Hard Scrabble Road that is apparently zoned for commercial development. Nearby residential developments are new and are accessible by entrance roads off Summit Parkway or Hard Scrabble Road. Appropriately, neither of these locations is embedded in a residential area as 3818 Devine Street location is. The intersection of Devine and Kilbourne is already much busier and much more dangerous than it should be. Even at its current levels of traffic, that intersection as well as the entrances/exits to the Piggly Wiggly on Devine and Kilbourne require special caution to navigate safely. That situation would be significantly worse and thus more dangerous if a high-volume store moves into that location.
Accepting this Application Would Cause A Major Disruption of Our Community’s Identity
The Piggly Wiggly has for years met the needs of local patrons by providing for sale in a convenient location and at good prices a range of products that we who live in its neighborhood regularly use and enjoy. We would have to travel outside of our neighborhood to find those products if the Piggly Wiggly is displaced by Lidl which achieves its efficiencies by offering less variety. Note that Lidl brags that 80% of its product line carries the “Lidl” label.
Many of us, the customers of Piggly Wiggle, can easily walk to the store to purchase last minute needs. The Piggly Wiggly has for decades had the nickname of “the Social Pig” because it is a community grocery store; its loss not only would impose on us a considerable, detrimental change in shopping and transportation patterns, but also would also change the identity of our residential community.
Finally, know that my strong opposition to the Lidl grocery store and liquor store at 3818 Devine Street does not mean that I am opposed to Lidl locating in Columbia. My argument is simply that any new store that is designed to attract the large number of customers that keeps the Lidl business model going must be located where the additional traffic can be accommodated. The zoning designation given to 3818 Devine Street is appropriate for our neighborhood. Allowing an exception to the current zoning or, worse, changing that designation to accommodate a new business that would be a major mistake. Zoning guidelines exist for reasons. They both enhance the commercial attractiveness of some areas and insure the safety and integrity of others. Both Lidl’s stores—the grocery store and the liquor store—belong in a designated commercial zone. They should not be embedded in a neighborhood.
William E. Rivers Distinguished Professor Emeritus Department of English University of South Carolina Columbia, SC 29208 [email protected]
803 530-1893
2
[1] See Lidl’s own description of its business model at https://www.lidl.com/about-us#principles-and-values
3 Jaen, Erica L
From: Henry Nechemias
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Hello,
I am a resident of the Sherwood Forest Neighborhood, and am strongly opposed to the Special Exception being requested for 3818 Devine St., the addition of a "Liquor Box" at the proposed new Lidl supermarket.
I have looked over your "Criteria for Special Exceptions", items 1-8, and see many glaring problems. Following your numbering:
1. This proposal will have a substantial adverse impact re: vehicular traffic and parking, more late night traffic, and the unknown future development of the former Long's Drug Store which could impact the number of available parking spaces.
2. Because liquor stores generally have increased business in the evening, and especially Friday and Saturday nights, the addition of this type of business will definitely have a negative impact on our neighborhood, and on nearby residences.
3. This will have an adverse impact on the aesthetic character of the character of the neighborhood.
4. This proposal will have an adverse impact on public safety and create nuisance conditions likely to result in increased law enforcement responses. Liquor stores have historically been magnets for problems.
5. Concentration of similar retailers? "Bottles" is less than 1/2 mile away, properly located in a shopping center, not in the heart of a residential area. This proposed special exception does in no way fill a need in this location. All local supermarkets sell beer and wine. The addition of a liquor store is unnecessary for a successful business in this location. Interestingly, any comparison with Lowes Foods and their "liquor store" are ridiculous. Lowes Foods is located in a large shopping center, not in a residential neighborhood.
6. This proposal is definitely not consistent with the character of the underlying district, not consistent with zoning and not consistent with our overlay goals and requirements.
7. This special exception is not appropriate for its location nor compatible with the permitted uses adjacent to this property.
8. This proposal will adversely affect the public interest.
Of course, the fact that this location is across the street from a school playground, and down the block from a church and a school is another major objection to this special exception.
I hope you will reject this proposed special exception.
Thank you!
1 Henry Nechemias 4 Robin Hood Ct Columbia, SC 29205 215.888.5104
2 Jaen, Erica L
From: Regina Monteith
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City of Columbia Board of Zoning Appeals
Re: Special Exemption Application, 3818 Divine St., Columbia SC 29205
Please respectfully consider the following objections to the application for the special exemption for a liquor store at the Piggly Wiggly/Lidl grocery site.
My name is Regina Monteith and I have resided at 530 Kilbourne Road for 30 years. William Gordon Belser built this family home, which he named “Bloomwood,” and moved into it with his wife and five children in 1920. It has been a family home for 100 years. The Scovilles with their several daughters and the Sextons with their children, each family lived for many years at this site. My late husband and I moved into this home in 1990 and reared our two children there.
The long left side of my property abuts the long side of the rear of the Piggly Wiggly lot. Along the property line there is a buffer of evergreen and deciduous trees that was required by the City of Columbia about 2000 when the Piggly Wiggly expanded its building to its current size. There is also a power easement along this line. Annually the power company, formerly SCE&G and now Dominion, authorizes severe pruning of these trees because of the overhead powerlines. So the green buffer is neither the sound nor the visual buffer to the degree originally intended. The buffer extended along Kilbourne Road to shield the parking lot from the street.
The site, at the corners of Devine Street, Kilbourne Road , and Blossom Street, is at the center of three neighborhoods, Sherwood Forest, Heathwood, and Shandon. These are neighborhoods of families, many of whom have young children. Just across Kilbourne Road from one entrance to the parking lot at the site is Saint Joseph School and its playground, and further up the block, St. Joseph Church. South Carolina regulations do not allow a retail liquor store within 300 feet of a school, its playground or a church.
The current proposal may not be for a “standalone” liquor store, called instead by the applicant a “liquor box.” While the term “liquor box” may be a more palatable and less aggressive name on the application, the S.C. Department of Revenue for alcohol beverage licensing does not recognize the term “liquor box” as a special term. The “box” will not be a box, and it will not be part of the grocery store. It will have a separate entrance, and it will be a separate store. It will be a “Liquor Store,” a “Lidl Liquor Store,” as the signage already exceptionally approved designates it.
1 Grocery shoppers will not be able to pick up a bottle of bourbon and a bottle of gin along with a carton of milk and a dozen eggs. They will have to conclude the transaction for groceries, leave the grocery store and then enter the separate entrance to the liquor store to buy their alcoholic beverages.
1. The application states “Since no additional square footage was added to the project and overall use of the building remains as grocery, traffic volume will be equal to previous grocery tenant traffic volume.” With the addition of liquor sales in the liquor store, traffic volume is bound to increase, both vehicular and foot traffic. The intersection of Devine Street, Kilbourne Road, and Blossom Street is already heavily trafficked most of the day. Mornings and mid-afternoons with carpooling at Saint Joseph School, one lane on each of the streets is effectively blocked during drop off and pick up of elementary school children. Currently there is no traffic to the site to buy alcoholic beverages. All traffic by patrons to the liquor store to buy alcoholic beverages will be additional traffic.
Patrons of the liquor store need not shop for groceries, but just for liquor. I foresee not so amiable foot traffic along Kilbourne Road and the sidestreets from people going to pick up a half pint of whiskey. The steps from the parking lot to Kilbourne Road allow easy access for walkers. With their alcoholic beverages in hand, they may well sit down at the corner of the green buffer and in the midst of my loquat and magnolia trees to consume them there. Although I keep the area regularly pruned to discourage loitering in my garden, my garden proves to be inviting nevertheless. I continue to pick up litter among the shrubs and behind the trees, despite the recent addition of not one but two trash cans on the corners of Kilbourne and Blossom. In the future litter in my garden may not be just candy wrappers and coffee cups, but broken glass bottles.
2. The applicant states that “The noise, lighting, glare, vibration, fumes, odors, and obstruction of air light or litter will not differ from the environmental factors that the grocery portion of the building would produce if the liquor box were not present. The previous tenant was a grocery store so there is also no change from tenant to tenant.“ The applicant does not address the addition of a liquor store, the addition of separate deliveries from liquor distributors, and the odor that emanates from a liquor store. Regular deliveries of alcoholic beverages will increase the truck traffic to the site and the noise that accompanies truck traffic. The odor of frying chicken that wafts over the fence and into my gardens from the Piggly Wiggly mid-morning may excite the appetite, but it is gone well before noon. The unmistakable odor of a liquor store remains all day and all night. No one ought to be subjected unwillingly to the odor of alcoholic beverages that results from the inevitable breakage of glass bottles. With the addition of a liquor store, there is a change in tenancy from grocery store to grocery store and liquor store!
4. The applicant has not explained how “the proposed special exemption will not have an adverse impact on public safety or create nuisance conditions detrimental to the public interest.“ I can well imagine the nuisance condition of people gathering outside a liquor store as I have seen outside the liquor store on Millwood Avenue. Further the proximity of Dreher High School will inevitably lure cunning students with fake IDs to test the mettle of clerks inside the liquor store.
Although the site at Divine St., Kilbourne Road and Blossom Street may be zoned C-3, commercial, the site is in the midst of three neighborhoods, three family neighborhoods. It is in close proximity to an elementary school, its playground and a local parish church, St. Joseph Church. This neighborhood site does not need a liquor store, and many of the neighbors do not want one.
I respectfully ask that you reject the application for a special exemption for a liquor store on the site at Devine Street, Kilbourne Road, and Blossom Street.
Regina Monteith 530 Kilbourne Rd., Columbia, SC 29205
2 803-556-4141
Sent from my iPhone
Begin forwarded message:
From: "Allen, Adriane D"
Hello,
I have attached the application for the Special Exception.
Contact the Zoning Department for further assistance.
Best,
Adriane Allen Zoning Technician Planning & Development Services 1136 Washington Street Columbia, SC 29201 Phone: 803-545-3333 www.ColumbiaSC.gov
Please note that the City of Columbia has modified services until further notice to protect citizens and minimize opportunities to spread COVID-19 in our community. Permitting and payments will be handled online or by phone as staff will be limited. Your patience is appreciated during this time.
3 Bailey, Rachel L
From: Jim Mills
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I don.t know if any of this Zoning board live in the area where they have the responsibility to make this decision in regard to this zoning exception. If you do or did you would see how irresponsibility it would be to grant this exception beside a Elementary School. They are only trying to use their big company clout to move a very good grocery store that has served this community for years for financial gain and monopoly. Shut them down for good. They have no care for all of our loyal people in this area.!!!
1 Jaen, Erica L
From: Jim Mills
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Stop this bull and tell Lidl to take a hike. L eave our Piggly Wiggly alone!!!!!!!
1 Jaen, Erica L
From: Jim Mills
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This is across the street from St. Joseph’s Church playground. In all decency, turn down this zoning exception!!!!!!!!!!!!!!!!!!!!!!!!!
1 Jaen, Erica L
From: Lisa Militello
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I am vehemently opposed to allowing the former Long’s Drug Store becoming a Lidl liquor store. It is too close to St. Joseph School and Church. The children’s playground is literally across the street.
1 Jaen, Erica L
From: Janie Livingston
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As a resident of the surrounding neighborhoods since 1974, I prefer Piggly Wiggly or similar store to stay and no new liquor store in the Longs Drugs property or outside building attached to current buildings on property in question. Bottles,wine/ liquor store located down Devine in the shopping center area where Kmart was once located. School is located nearby also and churches and local growing neighborhoods. Devine Street should be upscale and with Earthfare and Whole Foods nearby we don't need another specialty store just a grocery store. The Pig has been updating their items for more of a variety. The small scale store and parking is a plus. I was a patron of Longs Drugs for years.
1 Jaen, Erica L
From: Gay
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Dear Zoning,
I am writing to protest the granting of a special exception to allow the vacant Long’s Drug Store on Devine St. to be licensed to be a liquor store. This location, though commercial, is surrounded by neighborhoods and is across the street from St. Joseph’s Church and school, down the street from Dreher High as well. We have Bottles down the street at the shopping center across from Bi-Lo, a liquor store on the corner of Rosewood and Beltline, a liquor store up Rosewood Dr., and probably more than I know about. This is not an appropriate business for that location, all things considered. More suitable businesses for this location will come along in time. No special exception should be granted.
Thank you for your time and consideration to this issue.
Gay and Jeff Amberg 4000 Bloomwood Rd. Columbia, SC 29205 803-360-4927
1 Jaen, Erica L
From: Gay
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Dear Board,
We are protesting the addition of a liquor store to the grocery facilities at the corner of Kilbourne and Devine Streets, now existing as the Piggly Wiggly. Whether it be a separate entrance or an added on box like structure, we don’t feel that it is suitable for the neighborhoods that it is located in, not to mention right across the street from a church/school. It is clearly against zoning code and no special exception should be granted. Sincerely,
Jeff and Gay Amberg 4000 Bloomwood Rd. Columbia, SC 29205 803-360-4927
1 Jaen, Erica L
From: Sherry Chesnutt
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Hello,
I am writing in regards to the proposed Liquor Store that is to be located at the corner of Kilbourne an Devine Street by Lidl. I do not want a liquor store in that location. We already have liquor stores that are close by and this one would be located too close to schools and churches. Bottles Beverage Liquor Store is only 1.1 mile away. A liquor store in that location would also cause more traffic to an already busy intersection.
Also, I don’t know what is up with Piggly Wiggly. I keep hearing that Piggly Wiggly has a lease signed for that location. Then I hear Lidl is moving in. Well, personally I would like to keep Piggly Wiggly. I’ve been shopping with them for years.
Please keep the liquor store from coming to the previous Longs Drug Store location and keep Piggly Wiggly.
Thank you,
Sherry Chesnutt 803-261-2946
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