BOARD OF ZONING APPEALS CASE SUMMARY FOR SPECIAL EXCEPTION

631 Whaley Street August 14 2018 at 10:00 A.M. City Council Chambers, 1737 Main Street, 3rd Floor Columbia, South Carolina

Case Number: 2018-0052-SE Subject Property: 631 Whaley Street (TMS# 08913-13-04) Zoning District: M-1 (Light Industrial), -PD (Planned Development Area) Applicant: Hashmukhbhai Parekh Property Owner: Shree Kishordas LLC Summary Prepared: 7/23/2018

Requested Action: Special Exception to permit a liquor store

Applicable Sections of Zoning Ordinance: §17-258 Liquor stores (SIC 592) are permitted within the M-1 district by special exception §17-112 Standard criteria for special exceptions

Case History: N/A

Staff Comments: The applicant is requesting a special exception to permit the establishment of a +/-1,113 square foot liquor store. The +/- 17,085 square foot parcel currently consists of a gasoline service station and +/- 1,113 square foot convenience store. Applicant intends to relocate the convenience store onto an adjacent parcel and utilize the existing convenience store space as a liquor store. A special exception will be required for the future relocation of the convenience store. Should the Board approve this request, the following items shall be conditions of approval:  The approved liquor store shall substantially conform to the application, submitted materials, and testimony before the board;  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;

Persons expressing support or concern about this application submitted the documents outlined below to staff. All documents are attached hereto and made a part of the record of the public hearing.

PAGE 1 OF 1 631 Whaley Street Zoning Map Special Exception 2018-0052-SE TMS# 08913-13-04 µ Department of Planning & G

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S T T DISCLAIMER: The City of Columbia Department of RD-2 Planning and Development Services data represented on this map or plan is the product of compilation, as produced by others. It is provided for informational purposes only and Y ST RS-3 the City of Columbia makes no HALE representation as to its accuracy. Its W use without field verification is at the sole risk of the user. MX-1

C H U R ST C D AR H YW E S H T ** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION

August 7, 2018

Honorable Chairperson and Members of the City of Columbia’s Board of Zoning Adjustment,

The Olympia Residents Council stands in OPPOSITION to the proposed zoning exemption to allow for a liquor store at 631 Whaley Street (Shiv Mart).

Olympia residents are a diverse group, including families with children, transients, working individuals, the retired and university students. A liquor store would be in direct conflict with the direction set forth for our historic neighborhood in the Capital City Mill District Plan. This plan has been adopted by both the City of Columbia and Richland County.

Our specific concerns include:

Vehicular and Pedestrian Safety

A liquor store at 631 Whaley Street will attract additional pedestrian & vehicular traffic to an already busy intersection at Whaley & Wayne Streets. The intersection’s current pedestrian signaling provides one crossing on Wayne & one on Whaley. Olympia Avenue (which does not have sidewalks) and one marked crossing will also experience increased traffic.

University students are often distracted by their cell phones while walking and driving. They also tend to imbibe in excess. First responders already experience a significant increase in calls during the academic year. Additionally, many of our transient residents have alcohol addiction issues and would be traveling to the store while under the influence. These high risk behaviors may result in increased rates of pedestrian and vehicular accidents.

The governmental costs to address the increase in vehicular & pedestrian traffic would include improvements to the intersection pedestrian crossings and Olympia Avenue would need safer pedestrian walkways as well as well marked crossings.

Public Safety / Nuisance Conditions

University students comprise a large majority of our neighborhood residents during the academic school year. This population is known to purchase alcohol using fake identification and binge drink. Once impaired, the students drive under the influence which results in increased rates of pedestrian and vehicular accidents. While walking under the influence they disrupt the neighborhood with rude and obnoxious behavior including littering, yelling, fighting, playing loud obscene music, passing out on streets or front porches & yards, throwing up and urinating in public. Further, they put themselves at risk by stumbling onto heavily traveled streets.

The 631 Whaley Shiv Mart has been identified by students and periodically targeted by Alcohol Law Enforcement, as a place to purchase beer. The Shiv Mart currently sells an item behind the counter that encourages immature drinkers to binge drink, called Beer Fucked Funnels. Labeled as such, the device includes a funnel with a tube intended to hasten the ingestion of beer. Selling these items may be in conflict with SC Alcohol and Alcoholic Beverage Code 61, section 61-6-1510 which states, “Retail dealers are prohibited from using in an advertisement for alcoholic liquor or wine a subject matter, language, or slogans addressed to and intended to encourage persons under twenty- one years of age to purchase or drink alcoholic liquor or wine.”

In addition to our student residents, we have a year round transient population. Many of these individuals suffer alcohol addiction and habitually loiter convenience stores that sell alcohol. Customers are pan handled and at times are fearful of the aggressive nature of “the ask”. Though unable legally to drink on site, these individuals often do. When asked to move along, they make their way to our community parks, all of which are in walking distance of 631 Whaley Street.

A liquor store in our neighborhood, the Capital City Mill District, would require city, county, university and state law enforcement agencies to better coordinate and enforce underaged purchase, loitering, public intoxication and driving under the influence laws.

Concentration

Residents of Olympia have access to six liquor stores all within, on average, a 2 mile radius from the 631 Whaley Street. Green’s on Assembly Street is a mere .6 miles away. Our neighborhood is adequately served as it relates to the retail sale of liquor.

The addition of a liquor store at 631 Whaley Street would erode the positive redevelopment of the Mill District that has been supported by permanent neighborhood residents and the City of Columbia.

Compatible

The Capital City Mill District supports the diversity of our neighborhoods by providing family friendly activities making the Mill District a good place to live. A liquor store at 631 Whaley Street is incompatible with our neighborhood. The Shiv Mart is at the doorstep of four churches, two public parks with playgrounds, and residential homes. Character and Aesthetics

The Capital City Mill District Plan, adopted by the City of Columbia, outlines the land use for 631 Whaley as an Urban Core Neighborhood Activity Center (UCAC-1). Primary uses include multi-family, small mixed use business providing services and retail within a .3 to 1 mile radius of the neighborhood. They are built to scale and with architectural design in the mill vernacular.

Shiv Market buildings in the Midlands are cookie cutter designed gas station convenience stores. The building at 631 Whaley is no exception. We have not seen plans for this addition and are concerned that the orientation and spacing of the store may be in direct conflict with state law requiring a liquor business be at least 300 feet from a church or playground. Increasing the building footprint would result in additional outdoor lighting further polluting the night sky. Further, given the design of the current building, we are concerned the structure would not match the historic architecture of the surrounding buildings in the Mill District.

Environmental Factors

Alcohol containers & black plastic bags are a blight upon our community and already litter our neighborhood parks, waterways and streets. The addition of a liquor store will intensify the problem. As the Mill District is under multiple governmental jurisdictions, the litter is not picked up unless citizens complain or pick it up themselves.

Public Interest

The proposed liquor store at 631 Whaley Street is in conflict with the public interest. The Olympia Residents Council promotes an environment within the Capital City Mill District that provides a healthy, wholesome and safe environment for our neighborhood residents. To provide another liquor store where there are currently six liquor outlets in an area heavily populated by university students would suggest our community (and the City of Columbia) supports their high risk behaviors.

Respectfully Submitted for Your Consideration,

Vi Hendley, Chairperson Olympia Residents Council [email protected] 803.730.2326