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2020-0040-Se BOARD OF ZONING APPEALS CASE SUMMARY FOR SPECIAL EXCEPTION 2022, 2034, 2040 Marion Street & 1408, 1414, 1420 Elmwood Avenue & 2019 Bull Street September 3, 2020 at 4:00 P.M. Case Number: 2020-0040-SE Subject Property: 2022, 2034, 2040 Marion Street & 1408, 1414, 1420 Elmwood Avenue & 2019 Bull Street (TMS#s 09016-07-01, -02, -03, -04, -06, -17 & -18) Zoning District: C-3 (General Commercial District), -DD (City Center Design/Development District) Applicant: Florence Abrenica, GeenbergFarrow Property Owner: Brownstein Associates, LLC Summary Prepared: July 13, 2020 Requested Action: Special exception to permit a gasoline service station and convenience store Applicable Sections of Zoning Ordinance: §17-258 Gasoline Service Stations (SIC 554) permitted in C-3 districts by special exception §17-258 Convenience Stores (SIC 541.1) permitted in the C-3 districts by special exception §17-297 Additional criteria and standards for special exception approval of convenience stores §17-112 Standard criteria for special exceptions Case History: N/A Staff Comments: The applicant is requesting a special exception to permit a gasoline service station and a special exception to permit convenience store on the parcel. The special exceptions will be reviewed together but voted on individually. Part I: The applicant is requesting a special exception to permit a gasoline service station. The subject property consists of seven commercially developed lots. Once the lots are combined, the proposed property will be +/- 1.7-acres. Applicant intends to construct a ten (10) pump fuel dispenser with canopy. Part II: The applicant is also requesting a special exception to permit a convenience store. Applicant intends to construct a +/- 2,824 square foot building. Parking will be provided on-site. Also included in this packet is a copy of a “Good Neighbor Plan” submitted by the applicant. §17-297 requires that prior to approving a special exception to establish or expand a convenience store, the board find that – in addition to the standard criteria – the applicant has committed to a “Good Neighbor Plan”. The ordinance further requires that these conditions be made a part of any approved special exception. For reference, the specific language of this “Good Neighbor Plan” has been included below. PAGE 1 OF 2 a. Good Neighbor Plan 1. Loitering control program. Written verification must be provided by the owner, operator, manager, or local representative of the parent company that a loitering control program will be enforced. 2. Litter control program. At least two trash receptacles must be provided onsite for customer use. Written verification must be provided that the owner, operator, manager, or a local representative of the parent company will conduct at a minimum, daily onsite litter pickup as well as litter pick-up along sidewalks adjacent to the site. 3. Sign pledge program. Written verification must be provided that the owner, operator, manager, or a local representative of the parent company will comply with the zoning regulations regarding signage. All business signage is included in the total display surface area permitted, including any additional signs, either permanent or temporary, advertising items for sale onsite (e.g., beverages, chips, tobacco, snacks, etc.). 4. Crime prevention and awareness program. Written verification must be provided that the owner, operator, manager, or a local representative of the parent company has contacted the City of Columbia Police Department regarding participation in a crime prevention/awareness program. 5. Neighborhood communication program. Written verification must be provided that the owner, operator, manager, or a local representative of the parent company will provide local contact information to the adjoining neighborhood associations or business for the documentation of any problems they may have with current business practices that impact adjacent neighborhoods or businesses. Applicant has submitted a conceptual site plan. Should the Board approve this request, the following items shall be conditions of approval: The convenience store shall operate in substantial conformance with the application, submitted materials, and testimony before the Board regarding its operation, and shall conform to the submitted “Good Neighbor Plan” and all relevant city development regulations including but not limited to the building code and landscaping. Lots to be combined. 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 a part of the record of the public hearing. PAGE 2 OF 2 2022, 2034, 2040 Marion Street & 1408, 1414, 1420 Elmwood Avenue & 2019 Bull Street Special Exception 2020-0040-SE Zoning Map TMS# 09016-07-01, -02, - 03, -04, -06, -17 & -18 µ Department of Planning & Development Services RG-1 VE D A OO RG-2 MW Legend EL RAILROADS CITY LIMITS FEMA FP PUD-LS W A L Waverly L A C D-1 C-1 Cottontown/Bellevue E S RS-1 C-2 T C-1 RS-1A C-3 Architectural RS-1B C-3A Conservation District RS-2 C-4 Subject Properties RS-3 C-5 RD M-1 E Landmark RD-2 M-2 AV OD RG-1 PUD-C WO ELM RG-1A PUD-LS RG-2 PUD-LS-E RG-3 PUD-LS-R C-1 UTD PUD-R City Center MX-1 OUT OF CITY MX-2 DD DISTRICT Design/Development DP DISTRICTS PD DISTRICT District CC OVERLAY ) City Landmark B U L 1 inch = 101 feet L S T ORIGINAL PREPARATION/DATE: This map was prepared by: Hope Hasty C-3 for ) August 6, 2020 BoZA Meeting M A DISCLAIMER: R I The City of Columbia Department of O Planning and Development Services N S data represented on this map or plan T is the product of compilation, as ) produced by others. It is provided Landmark for informational purposes only and the City of Columbia makes no representation as to its accuracy. Its District use without field verification is at the sole risk of the user. ) C-4 ST UN HO ) CAL C-1 C-1 ** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION 01/26/2019 - 02/08/2019 02/19/2017 02/23/2017 02/19/2017 Date Case Office Use Only Received: #: Staff Invoice: Initial: 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. ApplicantProperty Information Information Florence Abrenica Address of Subject Property: Southeast Corner of Elmwood Avenue & Marion Street (not addressed yet). Applicant: R09016-07-01, R09016-07-02, R09016-07-03, R09016-07-04, R09016-07-06, R09016-07-17, Tax Map Number(s): District: C -3 Overlay District: City Center Design Name of Company (if R09016applicable)-07-18: GreenbergFarrowZoning MailingCurrent AddressUse of Property: 92 E. MainCommercial Street, RetailSuite 410 (Deli, Dry Cleaner, Office) $3,391,573.00 1. Convenience Store EstimatedSomerville Value of Project: TypeNJ of Development: 08876 City: State: 2. GasolineZip: Station E-mail Address: [email protected] Phone: 732.784.3231 Are you the property owner? Yes No X 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): 17-258 & 17-297 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.) We are seeking a Special Exception Permit for a Convenience Store and Gasoline fueling station. The proposed Murphy Express will consist of an ten (10) pump fueling canopy, 2,824 sf. Convenience store, 10 parking spaces, substantial landscaping, screening and buffering. Seven parcels will be combined to form a single parcel for the proposed development. All existing structures and pavement will be demolished to make way for the new Murphy Express. 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. The proposed Murphy Express will not have an adverse impact on traffic.
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