PAGE 1 OF 2

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 2 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.

)

)

)

)

City CenterDesign/Development

District

Landmark

Cottontown/BellevueArchitectural

Conservation District

LandmarkDistrict

WALLACE ST

ELMWOOD AVE

CALHOUN STMARION ST

C-3

RG-2RG-1

C-1C-1

C-1

C-1

PUD-LS

C-4

BULL ST

ELMWOOD AVE

DISCLAIMER:The City of Columbia Department of 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 the City of Columbia makes no

representation as to its accuracy. Its use without field verification is at the

sole risk of the user.

2022, 2034, 2040 Marion Street & 1408, 1414, 1420 Elmwood Avenue & 2019 Bull StreetTMS# 09016-07-01, -02, - 03, -04, -06, -17 & -18Zoning Map

** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION

µDepartment of Planning & Development Services

LegendRAILROADS CITY LIMITS

FEMA FP

ORIGINAL PREPARATION/DATE:This map was prepared by:

D-1RS-1RS-1ARS-1BRS-2RS-3RDRD-2RG-1RG-1ARG-2RG-3UTDMX-1MX-2

C-1C-2C-3C-3AC-4C-5M-1M-2PUD-CPUD-LSPUD-LS-EPUD-LS-RPUD-ROUT OF CITYDD DISTRICTDP DISTRICTSPD DISTRICTCC OVERLAY

) City Landmark

Special Exception 2020-0040-SE

1 inch = 101 feet

Waverly

Subject Properties

Hope Hastyfor

August 6, 2020BoZA Meeting

01/26/2019 - 02/08/2019

02/19/2017

02/23/2017

02/19/2017

Office Use Only

CITY OF COLUMBIA ZONING DIVISION 1136 Washington Street, 1st Floor Columbia, SC 29201 Office: 803-545-3333 E-mail: zoning@columbiasc.gov 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: Southeast Corner of Elmwood Avenue & Marion Street (not addressed yet). R09016-07-01, R09016-07-02, R09016-07-03,

Tax Map Number(s): R09016-07-04, R09016-07-06, R09016-07-17,

District: C-3 Overlay District: City Center Design R09016-07-18 Zoning

Current Use of Property: Commercial Retail (Deli, Dry Cleaner, Office)

Estimated Value of Project: $3,391,573.00

Type of Development: 1. Convenience Store 2. Gasoline Station

Applicant Information

Florence Abrenica Applicant:

Name of Company (if applicable): GreenbergFarrow

Mailing Address 92 E. Main Street, Suite 410

City: Somerville

State: NJ 08876 Zip:

E-mail Address: fabrenica@greenbergfarrow.com 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

Date Received:

Case #:

Staff Initial:

Invoice:

ge 3 of 4

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

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.

Pa

The Murphy Express will improve upon the existing character of the surrounding commercial retail. Per City and D/DRC requirements the site will be adequately landscaped, and the building architecture will resemble a building typically seen in a "City Center" setting. The proposed design will be pedestrian friendly and compliment the proposed Penny Project streetscape. The building will be of historical design with no more than two wall materials with natural brick veneer and metal or equal finishes. The building will be situated so as to provide pedestrian friendly street front access. The vehicular areas such as parking, will be landscaped with 5ft. - 10ft. planting strip along road frontages to provide a more aesthetic pedestrian experience.

The site will not have a substantial adverse impact on adjoining properties regarding environmental factors. Murphy meets all State and Federal air quality regulations and gasoline delivery trucks are fitted with systems that capture vapors when fueling and returns these vapors to the terminal. Murphy works closely with the fuel delivery systems in order to minimize fuel delivery during peak hour traffic flow. Murphy provides a photometric plan for all new stores during development review with the City and down-lit lighting is designed to reduce glare and meet City Code requirements.

The proposed Murphy Express will not have an adverse impact on traffic. The proposed development is not intended to create traffic, but rather serve those that are already in the area. Vehicular safety will be addressed by conducting a TIS (Traffic Impact Study). If deemed necessary by the TIS, the existing access drives along Elmwood Avenue and Bull Street will be converted to Right In/Right Out, per SCDOT specifications. Pedestrian safety will be addressed with addition of sidewalks and crosswalks if and where required. A truck route will be designed so that fuel tankers will not block vehicles entering and exiting the parking area.

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.

Section(s): 17-258 & 17-297

The Murphy Express 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. Murphy Oil USA, Inc. will be responsible for preventing loitering at this convenience store. The site will be designed with adequate lighting around the building, within parking areas, and under the canopy. To assist with enforcement, law enforcement will be alerted when necessary and Murphy staff (store manager, cashiers, etc.) shall be formally trained on a loitering control program prior to opening. Additionally, Murphy operates 15+ cameras that can be remotely monitored from the corporate offices in El Dorado, Arkansas by the VIGIL Surveillance System. Murphy Oil USA, Inc.’s Loss Prevention Group and store personnel will maintain a good relationship with the law enforcement. Murphy Oil USA, Inc. will participate in the City of Columbia Police Department’s Crime Prevention/Awareness program. Murphy enforces a “one strike, you’re out” per the company’s Responsible Vendor Policy.

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: 07/02/2020

Page 4 of 4

The proposed convenience store and gasoline service station will not adversely affect the public interest. The existing site is zoned for commercial uses such as the proposal and the parcel's orientation will provide efficient traffic flow from both Elmwood Avenue and Bull Street. The use proposed will benefit the public and provide the consumers a compatible, harmonious and smart development alongside the existing uses. The Murphy Express will be designed to provide a pedestrian friendly streetscape experience through the City Center district.

The proposed Murphy Express is appropriate for its location and compatible with the permitted uses adjacent to and in the vicinity of the property. The proposed site is not located in the vicinity of residential properties or other uses that may be viewed incompatible.

The proposed Murphy Express is consistent with the character and intent of the C-3 General Commercial District, and the City Center overlay.The proposed establishment will comply with the City of Columbia and D/DRC design requirements, (including but not limited to) building setback, screening/landscape requirements, and sign requirements.

The proposed convenience store will be located on the southeast corner of Elmwood Avenue and Marion Street, wit access drives off of Elmwood Avenue, Marion Street, and Bull Street. This is a heavily traveled area in a commercia zone with a City Center overlay. It is anticipated that with the redevelopment of this area, per the Penny Project, it wi be more active with vehicular and pedestrian traffic. The proposed convenience store will provide residents and visitors options and convenience.

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SITE

CSP ASSUMPTIONS / POTENTIAL ISSUES:

DATA WAS BASED ON CITY OF COLUMBIA GIS INFORMATION ANDGOOGLE MAPS.

PARCEL DATAS.F. ACRES

MURPHY LOT AREA 74,559 1.712

MURPHY PARKING REQUIRED 3.5/1000 SF (10 SPACES REQUIRED)

MURPHY PARKING PROVIDED 10 SPACES PROVIDED

ZONING

C-3 (GENERAL COMMERCIAL) &CITY CENTER DESIGN

DEVELOPMENT DISTRICT(OVERLAY)

SETBACKS

FRONT: 0' / 10' (MIN / MAX)

SIDE: 0'

REAR 0'

SIGNAGE

WALL/CANOPY SIGNS TBD

FREESTANDING SIGN TBD

LED SIGNS TBD

2824SF-10-MPD-2017v2

SITE

2824SF-10-MPD-2017v2

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CSP ASSUMPTIONS / POTENTIAL ISSUES:

DATA WAS BASED ON CITY OF COLUMBIA GIS INFORMATION ANDGOOGLE MAPS.

PARCEL DATAS.F. ACRES

MURPHY LOT AREA 74,559 1.712

MURPHY PARKING REQUIRED 3.5/1000 SF (10 SPACES REQUIRED)

MURPHY PARKING PROVIDED 10 SPACES PROVIDED

ZONING

C-3 (GENERAL COMMERCIAL) &CITY CENTER DESIGN

DEVELOPMENT DISTRICT(OVERLAY)

SETBACKS

FRONT: 0' / 10' (MIN / MAX)

SIDE: 0'

REAR 0'

SIGNAGE

WALL/CANOPY SIGNS TBD

FREESTANDING SIGN TBD

LED SIGNS TBD

June 23, 2020 | Page 1

June 23, 2020

City of Columbia Zoning

1136 Washington Street 1st Floor

Columbia, SC 29201

Re: Good Neighbor Plan

Murphy Express Gas Station and Convenience Store

Site Address: Southeast Corner of Elmwood Avenue and Marion Street, Columbia, SC

Dear Zoning Division Staff:

This document shall serve as the Letter of Intent and Good Neighbor Plan prepared by GreenbergFarrow acting as

applicant on behalf of Murphy Oil USA, Inc. The purpose of this document is to apply for and receive approval for a

Special Exception with the City of Columbia to construct a gasoline service station and convenience store. The basis

for this Special Exception request shall be per the requirements set forth in the applicable code sections 17-258 and

17-297 of the City of Columbia Zoning Ordinance.

The site of the proposed parcel is located at the southeast corner of Elmwood Avenue and Marion Street. The site is

located in zone C-3 (General Commercial) within the City Center Overlay District. Seven (7) existing parcels (R09016-

07-01, R09016-07-02, R09016-07-03, R09016-07-04, R09016-07-06, R09016-07-17, R09016-07-18), shall be combined

to form a single parcel. Murphy Oil USA, Inc. is proposing to redevelop the site by demolishing all the existing

structures and pavement at this site to make way for a new commercial development called "Murphy Express”. The

project will be approximately +/- 1.8 acres in size and. Murphy Oil USA, Inc. plans to construct a 2,800 square foot

convenience store with a separate canopy structure containing ten (10) fueling multi-pump dispensers at this location.

Also proposed with this development will be paved parking spaces and drive aisles with adequate lighting and

enhanced landscaping.

In addition to the criteria for approval for the special exception listed on the City of Columbia Special Exception

application, Murphy Oil USA, Inc. is proposing the following Good Neighbor Plan in accordance with the Special

Exception Criteria listed for Convenience Stores and Gasoline Service Stations in the City of Columbia Ordinances:

Good Neighbor Plan

1. Loitering Control Program

Murphy Oil USA, Inc. will be responsible for preventing loitering at this convenience store. The site will be

designed with adequate lighting around the building, within parking areas, and under the canopy. To assist

with enforcement, law enforcement will be alerted when necessary and Murphy staff (store manager,

cashiers, etc.) shall be formally trained on a loitering control program prior to opening. Additionally, Murphy

operates 15+ cameras that can be remotely monitored from the corporate offices in El Dorado, Arkansas by

the VIGIL Surveillance System.

June 23, 2020 | Page 2

2. Litter Control Program

Murphy Oil USA, Inc. will be responsible in providing at least two (2) trash receptacles on-site for customer

use. At a minimum, there will be one trash receptacle at each gas pump, one at each store entrance, and

one inside the building. The Murphy store manager or accompanying staff will conduct, at a minimum, daily

on-site litter pick-up as well as litter pick-up along sidewalks adjacent to the site. Murphy staff will ensure

this convenience store will be well maintained and that waste will be adequately disposed of.

3. Sign Pledge Program

Murphy Oil USA, Inc. will be responsible with complying with the zoning regulations regarding signage for

the property and is aware that all business signage is included in the total display surface area permitted,

including any additional signs, either permanent or temporary, advertising items for sale on-site (e.g.

beverages, chips, tobacco, snacks, etc.).

4. Crime Prevention Program

Murphy Oil USA, Inc.’s Loss Prevention Group and store personnel will maintain a good relationship with the

law enforcement. Murphy Oil USA, Inc. will participate in the City of Columbia Police Department’s Crime

Prevention/Awareness program. Murphy enforces a “one strike, you’re out” per the company’s Responsible

Vendor Policy.

5. Neighborhood Communication Program

Murphy Oil USA, Inc. 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.

Should you have any questions or require additional information, please do not hesitate to contact me at 732.784.3231

or at fabrenica@greenbergfarrow.com . The 24-hour emergency contact for Murphy Oil USA, Inc. shall be Jason Laird

and he may be contacted at 870.866.7681.

Sincerely,

Florence Abrenica PE Site Development Coordinator c: 732.784.3231

20200418.0 Meeting Minutes July 1, 2020 | Page 1

Memorandum

July 1, 2020

To: Vincent McCarron

Downtown Neighborhood

Association

vjmquattro@gmail.com

803.603.2198

Other Members/Attendees:

Barbara, Jean, Eric

Project City of Columbia, SC - Murphy Express

SEC Elmwood Avenue & Marion Street

Project # 20200418.0

From Florence Abrenica

Re Special Exception Permit Application

Good Neighbor Outreach – Meeting Minutes

Copies MUSA - Carlos Gutierrez, Tyler Brandt

GF – Dorothy Volker, Kathy Hervol

PROJECT SUMMARY • Murphy Oil, Inc. is planning to construct a new Murphy Express gasoline station with convenience

store at the southeast corner of Elmwood Avenue and Marion Street in Columbia, SC.

• Per the City of Columbia Code Sections 17-258 and 17-297, we are required to submit a Good

Neighbor Plan to the City.

• We are proposing a new Murphy Express convenience store and gas station.

• Site is located in C-3 Zone and the City Center Design Overlay District.

• We are proposing redevelopment of seven (7) parcels for a new Murphy Express gas station on a

new Lot consisting of +/- 1.8 acres.

• It is a complete demolition of the existing site with multiple buildings and paved parking areas and

drive aisles.

• New 2,824 SF convenience store, within a standalone, prefabricated building, with 10 stacked MPD

multi-product dispensers.

• The access points along Elmwood Street will be shifted to the east; the existing access point on

Marion Street will remain but widened; the existing access point on Bull Street will remain but

widened.

• Construction is anticipated to begin in Spring of 2021.

DOWNTOWN NEIGHBORHOOD QUESTIONS AND CONCERNS 1. (Barbara) What specific exceptions will you be applying for?

Per Section 17-297, convenience stores are permitted as a special exception in the C-3 Zone. As part of

the Special Exception Criteria, the standard for approval requires the submittal of a Good Neighbor Plan

as well as outreach to adjacent neighborhoods. An exception, per se, is not being requested; a special

exception permit is similar to a special use permit in other jurisdictions.

20200418.0 Meeting Minutes July 1, 2020 | Page 2

2. (Barbara) How will adjacent property owners be protected aesthetically and visually, specifically

the western and southern properties? Will screening be provided along south property line? Screening or a “Street Protective Yard” will be provided along both Marion Street and Elmwood Avenue

right-of-ways, in accordance with the City’s Code requirements. We will look at providing along the

south property line.

3. (Barbara) Describe the monument signs proposed at the site. In accordance with the City Center Design Overlay requirements, we are proposing two (2) monument

signs, one located near the access driveway along Elmwood Avenue and another located near the

access driveway along Bull Street. The monument sign will be 5 feet high and 12’-6” wide and will be a

decorative type sign. The illuminated portions of the sign will include the Murphy Logo and the price

signs only, approximately 34 SF in area.

4. (Vincent) Has a plat approval been submitted to the City yet? Murphy will close on the properties in the next 6 to 8 months. A plat approval application has not been

submitted yet.

5. (Vincent) When is construction anticipated to start? Construction is anticipated to start on or about April 21, 2021, Springtime. Total construction time is 16

weeks which includes 12 week of site construction and an additional 4 weeks to get ready to open the

site.

6. (Vincent) What is the expected traffic flow at the site and has the DOT been contacted? Murphy expects to have approximately 878 cars flow through the site in a 24-hour period. The type of

driveway proposed and their locations as shown will be reviewed and require approval from the DOT.

Yes, the DOT has been contacted. Our contact is Tyler Clark, PE, District Permit Engineer,

ClarkTA@scdot.org District 1 SC Department of Transportation, D 803.737.4596 | O 803.737.6660 1400

Shop Road - Columbia, SC 29201 or Joey McIntyre, PM, McIntyreJD@scdot.org 803.737.1842. We will

have a Traffic Impact Study prepared and submitted for review and approval by the DOT. A copy will be

provided to your Neighborhood.

7. (Vincent) What is included in the Litter Control Program? Murphy will be responsible in providing, at a minimum, one trash receptacle at each gas pump, one at

each store entrance, one inside the building, and one at the air vacuum unit. The Murphy store

manager or accompanying staff will conduct, at a minimum, daily on-site litter pick-up as well as litter

pick-up along sidewalks adjacent to the site in accordance with a daily checklist requirement. Murphy

staff will ensure this convenience store will be well maintained and that waste will be adequately

disposed of.

8. (Vincent) What is included in the Loitering Control Program? Yellow Shirt is a local community

group which we suggest you get in contact with. Murphy Express sites experience customers purchasing items in the convenience store in a short period

of time; typically, customers will quickly be in and out of the store to purchase their items. Our

convenience stores do not propose tables or any areas that would encourage places to sit or

congregate. Anticipated hours of operation at this location will be 5 am to 11 pm, not 24-hour

operation. If there is a problem with loitering, Murphy would immediately address and mitigate the

issue. Murphy’s primary concern is the safety of customers and employees. As part of the Loitering

Control Program, Murphy will be responsible for preventing loitering at this convenience store by

providing adequate lighting around the building, within parking areas, and under the canopy. To assist

with enforcement, law enforcement will be alerted when necessary and Murphy staff (store manager,

cashiers, etc.) shall be formally trained on a loitering control program prior to opening. Additionally,

20200418.0 Meeting Minutes July 1, 2020 | Page 3

Murphy operates 15+ cameras that can be remotely monitored from the corporate offices in El Dorado,

Arkansas by the VIGIL Surveillance System.

9. (Vincent) What is included in the Neighborhood Communication Program? Murphy will provide local contact information. Murphy also has a Support Center with 30-40 employees

available to address any questions or concerns you may have.

10. (Vincent) How will pollution to any existing drainage systems be addressed? Murphy fueling system includes a double wall tank which provides secondary containment and a sump.

Should any spills occur, an alarm would go off to alert headquarters and stop any dispensing of product.

11. (Vincent) What design elements would be provided to meet the downtown characteristics required

by the City? Murphy will meet the City Center Design Guideline requirement for providing less than two wall

materials. Additionally, the design would meet a façade that would typically seen in historic districts.

12. (Jean) Will the Marion Street and Elmwood Avenue intersection be signalized? No, we do not anticipate that this intersection will be signalized.

End of Memorandum

Tyler BrandtReal Estate ManagerMurphy USA704-756-7214Tyler.brandt@murphyusa.com

Carlos GutierrezConstruction ManagerMurphy USA870-918-4329Carlos.gutierrez@murphyusa.com

Florence Abrenica PEGreenbergFarrowSite Development Coordinator732.784.3231fabrenica@greenbergfarrow.com

Dorothy Volker GreenbergFarrowDevelopment Services - Due Diligence Coordinator732.485.1809dvolker@greenbergfarrow.com

CONTACTS:

20200418.0 Meeting Minutes July 13, 2020 | Page 1

Memorandum

July 13, 2020

To: Elizabeth Marks, President

Robert Mills Historic District

Neighborhood Association and VP of

Columbia Coalition of Downtown

Neighborhoods

emarksinc@gmail.com

803.315.8704

Will Thrift, President

Cottonwood/Bellevue Historic District

Neighborhood Association

wthrift@sc.rr.com

Other attendees: Robin Waites, Ellen

Cooper-President of Columbia

Coalition of Downtown Neighborhoods,

Holly Atkins, Clay Yomtob – VP

Historic Elmwood Park

Project City of Columbia, SC - Murphy Express

SEC Elmwood Avenue & Marion Street

Project # 20200418.0

From Florence Abrenica

Re Special Exception Permit Application

Good Neighbor Outreach – Meeting Minutes

Copies MUSA - Carlos Gutierrez, Tyler Brandt

GF – Dorothy Volker, Kathy Hervol

Robin Spaniel, Cottonwood/Bellevue Secretary,

robinspaniel@gmail.com ,

Victoria Dozier, 1931/1925/1921 Henderson Street,

victoriadozier@icloud.com

PROJECT SUMMARY • Murphy Oil, Inc. is planning to construct a new Murphy Express gasoline station with convenience

store at the southeast corner of Elmwood Avenue and Marion Street in Columbia, SC.

• Per the City of Columbia Code Sections 17-258 and 17-297, we are required to submit a Good

Neighbor Plan to the City.

• We are proposing a new Murphy Express convenience store and gas station.

• Site is located in C-3 Zone and the City Center Design Overlay District.

• We are proposing redevelopment of seven (7) parcels for a new Murphy Express gas station on a

new Lot consisting of +/- 1.8 acres.

• It is a complete demolition of the existing site with multiple buildings and paved parking areas and

drive aisles.

• New 2,824 SF convenience store, within a standalone, prefabricated building, with 10 stacked MPD

multi-product dispensers.

• The access points along Elmwood Street will be shifted to the east; the existing access point on

Marion Street will remain but widened; the existing access point on Bull Street will remain but

widened.

• Construction is anticipated to begin in Spring of 2021.

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DOWNTOWN NEIGHBORHOOD QUESTIONS AND CONCERNS In addition to the questions asked and answered below at today’s meeting, the following comments were

provided on 7/2 via email as your District’s main concerns:

• Another gas station along Elmwood, there are 4 existing stations there now, including the El

Cheapo.

• Since the proposed Murphy in on the same block as the El Cheapo, the neighborhoods are

concerned with having an entire block developed as gas stations.

• Screening is a big concern for the neighborhoods, particularly screening to the West of the site

along Marion Street, where the Historical District borders the property.

• The neighborhoods would like to know how the gas station and convenience store

architecture/façade will blend in with the Historical Districts bordering the property.

• The neighborhoods would like to see more pleasing signage than a standard gas station,

permeable pavers used, and nice landscaping (per attached pictures of historic downtown,

Charleston SC).

1. (EM) Do you anticipate applying for a beer and liquor license? Yes, we will be applying for a Beer and Wine License.

2. (EM) There are already four (4) gas stations along Elmwood Avenue. Is there a need for another

gas station? Is there something that you all will do completely differently? It’s not an underserved

corridor. Why did you choose this particular group of parcels/site? The intent behind this site selection: The intersection of Bull Street and Elmwood Avenue experiences

approximately 70K-80K vehicles per day, which is an attractive feature for the location of a gas station

and convenience store. Murphy’s intent is to redevelop the properties and at the same time feed off

existing traffic. Currently, there are no Murphy locations in this trade area.

3. (RS) Do you intend to ask City to install additional traffic lights? There is no way to get into this

property from Bull Street. No traffic signals will be proposed as part of this project.

4. (EM) I see an entrance south of El Cheapo. No left-hand turn from Bull Street into site, and no left-

hand turn from Elmwood Avenue into site. Looks like that Marion Street will be the primary

entrances? The proposed driveways are right-in/right-out driveways (RI/RO) along both Bull Street and Elmwood

Avenue. Correct, no left-hand turns are possible from both Bull Street and Elmwood Avenue. There is no

median on Marion Street and the driveway that is proposed along Marion Street is a full movement

driveway.

5. (EM) What is your company policy when you move into an historic area? Do you have a structure

design, a signage design, and a landscaping design that would make it compatible with our area? Yes, we will be designing our site to meet the City Center Design Guidelines. We have talked to Lucinda,

Principal Planner at the City. We will be proposing a historic type façade which includes brick. We will

be providing landscaping along Marion Street and Elmwood Avenue, to screen the site. We are

proposing two (2) monument signs, one along Elmwood Avenue and another along Bull Street which

will also be designed with decorative brick. This will meet City Center Design Guideline requirements.

6. (EM) Are you going to use shrubbery and trees as screening or are you going to have any kind of

walls around your property?

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No, we are not proposing any walls at the site. We will be meeting City Center Design Guidelines for

landscaping and screening along both Marion Street and Elmwood Avenue. We are also coordinating

with DOT with their streetscape plans for both Elmwood Avenue and Bull Street.

7. (EM) When is DOT going to begin their landscaping plan for Elmwood Avenue and Bull Street? Unfortunately, we do not have a DOT schedule for their anticipated start date.

8. (EM) Do you think that has to do with the restructuring of that entrance for the Bull Street

property? That work was supposed to begin this fall. They were going to restructure the

intersection with turn lanes. Is this part of that? Yes, it is tied together.

9. (EM) When would we be able to see what the structure would look like and what the landscaping

would look like? How soon would that be ready? We are currently working on our design now. We are looking at 8/6 to meet with the City for the

Special Exception Permit hearing. Subsequent to that approval, we are hoping to submit a DDRC

application to the City which would require submission of our Site Plans and renderings for review.

10. (EM) What is your optimum number of people you would like to attract, say during a weekday, to

your gas station? What kind of traffic flow are you looking for? Every trade area has different characteristics with traffic counts and traffic flow. The nature of our

business is fuel. We sell a lot of gasoline. Each new store has different metrics based on the existing

traffic flow. Our intent is to feed off the existing traffic that is already there for purposes of people

going about their way coming to and leaving from downtown. Murphy gas stations are typically not

destinations; they are typically tapping into the existing traffic flow which currently exists.

11. (EM) One of the issues that we deal with downtown is a lot of walk up traffic. What is Murphy’s in

town policy for pan handling, public drunkenness, etc.? How do you monitor or control your area? We have lots of security equipment on-site. We have cameras at the dispensers, at the entrances, and

inside and outside of the building. We have a no loitering policy. Business model: the faster we get

customers in and out of our site; the better our business runs. It is in Murphy’s best interest to get

customers in and off of the property quickly.

12. (HA) I have a business near the corner of Calhoun and Marion. There is a lot of foot traffic. We

have a lot of gas stations along Elmwood Avenue. There is loitering at gas stations. I am

concerned about the increase in the foot traffic, that you may not have control over, in our

neighborhood. With regard to lottery, beer and wine sales, we do not allow people to sit in our parking lot to drink.

Customers must purchase items and leave the site. If it becomes a problem, we will contact the

authorities to have them removed. Our stores do not propose or provide picnic tables or seating or

gathering areas, for anyone to congregate. You may notice that some of our competitors are proposing

and including these types of areas; we are not. We want people in and out. The other facet is, there

are existing structures (5 or 6 buildings) on the 7 parcels. Currently, there are many locations for people

to hide behind these buildings. With our proposed redevelopment, it will open the area and allow

visibility from the street. We will be fostering a safer environment with security cameras all over the

site, which will prevent loitering, when compared to the existing structures currently on the site.

13. (WT) I hear what you are saying about on-site security. What tends to happen in surrounding

neighborhoods is that people will make purchases (alcoholic beverages) on foot, and then they will

go out into the neighborhood to consume them. Do you have any proposal for how you would

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address if an increase in foot traffic is seen coming from Murphy Oil and purchased alcoholic

beverages out into our neighborhood to consume the alcohol? Once a customer leaves our site, controlling them and where they go can become difficult. We were

introduced to the Yellow Shirts program in our meeting last week with another neighborhood group.

We could work with them to help prevent those types of situations that occur. We would work with you

to figure out the best solution to the potential concerns your neighborhood has.

Yellow Shirts Program:

• Are paid for by taxpayer funds.

• They do not cross Elmwood Avenue. They stop at Elmwood Avenue.

• They do not patrol in the Cottonwood/Bellevue Historic District.

• They do not patrol in the Robert Mills Historic District.

• They patrol in certain geographic boundaries.

• They are supported by a combination of City money and Congaree Vista money.

• The area they maintain is Sumter/Main/Gervais and Lady Street in the Vista.

• If they expanded their territory, more funds would be needed to cover additional vehicles,

their payroll, etc.

• Yellow Shirts Program is not a solution for this project in the short term.

Local Programs – Homeless Shelter: Transitions Homeless Shelter (Craig Curry, CEO - 2025 Main

Street, located 0.25 miles southwest of the site) and Concessions of Hope at Hope Plaza/Christ

Central Ministries (Jimmy Jones, Founder and CEO - 2401 Main Street, located 0.52 miles

northwest of the site).

• Both have daytime programs to bring in the homeless.

• Transitions has very strong history of not wanting to support additional beer and liquor

licenses in that geographic area.

• Expect opposition by Transitions Homeless Shelter.

• Expect potential opposition by Hope Plaza.

• They have alcohol and drug abatement and treatment programs. We can certainly make contact with them.

14. You mentioned you have been working with other fuel stations on Elmwood Avenue. What have you

discussed, what have you put in place, what are they saying, and what is not happening that is

disconnected?

(EM) From our perspective, our biggest problem is El Cheapo. They either don’t return phone calls

or they return phone calls and say it is not their problem or that they will kick it up to someone in

management, and they will get back to us. What we experience are the following constant,

recurring problems on-site with no corporate remedy: drug dealing, prostitution, and public

drunkenness. The police will tell you that a lot of crime and arrests occurs in that vicinity, within

50 feet of El Cheapo.

(WT) Main’s Best convenience store is located (2132 Main Street) around the corner from this site,

2 blocks away from this site. They sell cigarettes and alcohol. They cater to walk up customers.

Cottonwood has a lot of problems with people loitering, not on their property, but customers go to

the empty, adjacent lots. They consume, litter, loiter, and conduct drug deals. The police have

been called many times for problems that occur because of that convenience store. The

convenience stores have washed their hands of the person after they pay and leave with their

products. It impacts the neighborhood and the are adversely. Our concern is that something

similar will happen with a Murphy Oil at the proposed location.

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(EM) It definitely affects property values because the people who tend to walk away from a gas

station to consume their alcohol, food, and drugs, urinate and defecate on the property. They

leave trash behind. They sometimes leave their personal belongings behind under a bush or

behind a building. When an area is easy for them to colonize, so to speak, where they can get food

and something to drink, and their cigarettes, they tend to camp out and stay in that area. They

move to adjacent properties such as historic buildings with porches and English basements; areas

downstairs, areas below dirt portion of the buildings that can be occupied either by office or

residential tenants; porticos where carriages used to drive up. Older houses offer attractive places

for people to sleep and camp. We are concerned that Murphy will be an even more enticing reason

to stay in the area to camp out. The pan handling can be aggressive and it can scare tenants.

They urinate and defecate in public. We don’t know what your bathroom policy is going to be. The

number one reason why people are attracted to this area are the two (2) shelters that are there.

People would be more dispersed if it weren’t for the… Hope Plaza isn’t a shelter anymore, but

Transitions is. Hope Plaza is a treatment facility now where they have programs for the homeless.

Between those two facilities and the gas stations and surrounding historic properties, it’s turning

into a great place to survive without having to be part of society. Another gas station makes us

nervous because we are already dealing with daily problems with the gas stations that are there -

contributing to loitering and public camping and trash and sanitation issues. We have to look at it

as: Can we take another one? Can we take that burden? It’s not your fault. You’re coming in

innocent. But this has been 35 years of us dealing with these issues daily. Which is why we are

sharing this with you. We don’t know if you will have a solution or if you will be part of the problem. (TB) Have we ever hired security guards, a third-party security, surveillance, i.e. one man who monitors

the site at certain hours or anything like that? (CG) Yes, during construction on an Atlanta site, in a high

crime area. We have hired a security guard to monitor the site after hours. In our safety program, our

training program for our employees, they are taught how to manage people and handle those who are

being difficult, those who are not complying with our instruction to not loiter, etc. We do provide

training. That’s part of our program.

15. (EC) You are going to get people off of your property which means, where do they go? They go to

our property. That’s what we worry about. Well, the problem is we can’t control what happens off-site. Murphy is a corporately owned and

operated and we are publicly traded on the stock market. We are not a franchisee. If you need to call

the corporate office, you get a well-oiled machine that has policies and procedures in place. Unlike a

small mom and pop business like El Cheapo where it’s very difficult to get answers at times. I wish we

could have some major influence on what happens to where people go when they leave our site. I want

to be a good steward at Murphy and will ask internally if we have ever, more specifically, hired security

guards. I don’t know how we police people once they leave the site. We can certainly do our part to

improve that property and work all of you as neighbors so it’s a cohesive development amongst all

parties. With an existing issue, we are willing to help in some capacity but we don’t know how to

control what happens off-site. We will get an answer on the security guards and see if it something we

can do.

16. (CY) If you force El Cheapo out of business would you try to acquire that property at that time? In a way, yes. I have put a bug in El Cheapo’s ear – sell me your property, we’ll clean up that whole

block, we’ll work with the downtown historic district and we’ll make this a cohesive corner to mirror

what’s going on in the Bull Street District. The El Cheapo owner did not have that opinion. And he

thought his price was a lot higher that what it’s worth. So, Murphy will go around you and your

business will slowly suffer. And then at some point his property will not be as valuable to us anymore

and his price will come down. What can he do with 0.3 acre on a hard corner when we have access on

both sides, to Bull Street and Elmwood Avenue? Who is the buyer for his property at that point? It’s

Murphy. On our site plan there is excess land that could be used in addition to the El Cheapo site to

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redevelop. In concept and theory, if there is an opportunity to redevelop that whole corner and Murphy

can be a catalyst for that and you welcome that, I think we need to go down that path and explore it,

and see what happens.

17. (EM) Would Murphy keep the corner property to make it part of and expand the Murphy Oil gas

footprint? No, we would not expand what you see on the screen (site plan). At some point, if El Cheapo sells,

that’s when we go into negotiations with them. El Cheapo is not an attractive use for the gateway or a

major entrance into the City. Murphy is fully for redeveloping that whole property and using Murphy’s

leverage just through an operations standpoint by sitting next to him to get El Cheapo to sell, for a

reasonable price where someone else can come in there and to develop that corner.

18. (EM) So you would be open to a different business being on that square of land, where El Cheapo

is now? Of course, absolutely. Should we acquire that property, and then sell it to someone else, it would not be

in our best interest to put another convenience store or gas station there. It could be redeveloped for

something that the community wants, assuming the numbers make sense for a developer to come in

and buy it and develop it.

19. (HA) Have you definitely decided on this site for Murphy or is this still in the speculation stage?

Have you acquired all the properties? Yes, we have decided this the location for us. Murphy chose to sit farther away from the signal to allow

customers ease of getting into and out of the site. Currently, Murphy is under contract with both

seller’s/property owners. We have not closed on the properties yet. It sounds like El Cheapo is a

problem. I’m not concerned about them from a competition standpoint. If Murphy can assist you all in

cleaning up that entire corner, then we are all for it. I will figure out how to make it work with the El

Cheapo property owner.

20. (RS) When you say you want to attract traffic leaving the City would that be traffic coming down

Elmwood Avenue not Bull Street? Because Bull you can’t make a left-hand turn. Yes, that is correct. In the gas station and convenience store world, you are most likely to fill up gas

tank when you are leaving work, in the afternoon. When you are going to work in the morning, and

running late and want to get a coffee, gas is the last thing on your mind. So, traffic that is heading

eastbound coming out of downtown on Elmwood Avenue is the PM traffic. If you are heading south on

Bull Street, that would be more the AM traffic. Yes, that is the intent of why we are located there –

because we can pick up existing traffic that is already there.

21. (RS) You said there are 7 buildings, is there a way you can point to them? There are 6 buildings and 7 parcels.

22. (RS) No Name Deli (see chat) does hire a part time security guard to stand outside their building

during lunch due to pan handlers and people harassing customers. The BP station on Elmwood

attached to the McDonald’s have seen drug sale +/-40-50% of the time in broad day light. They do

not have outside seating. I don’t know if being larger helps of if there’s just more areas to hang out

somewhere. (EM) Not sure if the food has anything to do with it. Good information; we appreciate you sharing that. Murphy doesn’t sell pre-packaged food and we

don’t make sandwiches. We sell strictly fuel and convenience store items. Also sell beer and wine,

candy bars and snacks, etc. We don’t make sandwiches to-go. Without offering a food/meal option

perhaps that would change things, i.e. be different. It’s another destination. It’s a reason for someone

to go there, to get a happy meal or a dollar burger in addition to their liquor. It’s another option.

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23. (WT) It seems like you are making an effort to work with the surrounding neighborhoods and we

appreciate that. The idea of a Murphy Oil gas station and convenience store at this location –

there are pros and cons, and the neighborhoods recognize that. If you can revisit within your

corporation some way to address the walk-up traffic that you are going to have that will come on

by providing discount alcohol beverages and have them leave and go out into the neighborhood…If

you can address that issue somehow, or if you can actively work on this issue somehow, that

could it erase it from the con column for us. Having a corporate partner to clean up the area is a

good thing. You are going to contribute to part of our problem through the sale of alcohol and

cigarettes. I will run that front internally at Murphy and see what our options are.

24. (VD) My only concern – I hear your strategy of trying to get into the community and eventually

sounds like they will create a situation where they will be having competition for El Cheapo to

eventually sell. We are not sure because of the pandemic. We are not sure how that community

will look. With Bull Street coming in and starting to develop, it may be enough business to sustain

both gas stations. When you get into the business of selling cheap beer, wine, lottery tickets,

scratch off tickets, that’s the majority of the sales that keep people in a class and that’s what I

don’t want to see, more of that. If Murphy can show me that they are going to employ people that

really need to work, to help build Murphy. How are they going to create opportunities, versus

making it a place where they are going to hustle money and buy dollar stuff and drop on the

ground? What are they going to do to help our community if they want to be a part of the

community? A lot of people are unemployed and entangled in substance abuse. If you can prove

to our community that you are going to be a steward of hiring people for construction and hiring

people for security and sell products, and beautification you might get a little more openness to

the idea. How many employed are minority owned businesses, contractors included? Real data

interesting for us. I am going to do some homework on my side to see what we can do to be a part of the community. We

have certainly done it in the past. I need to look at this store in this location. We want to be stewards

of the community. We don’t want to be this corporate entity that comes in and says we are going to

drop a store in here and then we are on our way. Construction process will take approximately 12

weeks. All contractors hired are bonded. The store will employ between 15-20 people. We sponsor

youth sporting events. We hire people from the surrounding area and in the neighborhood. With

regard to beautification, the landscaping plans are impressive for gas stations. We spend a lot of money

on landscaping and maintaining it in the future. We will be employing local landscapers, freight carriers

for our fuel, and restocking of our stores. Example, +/-60% Harco has Latino Americans working full

time. There is a mixed racial component to all of our contractors. I don’t know percentage of racial

mix. We will get back to you on this.

25. (RS) I have worked with big box before. Can you provide your District Manager and Store number? The Division Manager is Jason Hill (above District Manager) and has been with Murphy for more than

15 years. His contact information is Jason.hill@murphyusa.com , 870.918.2591.

End of Memorandum

2

Dorothy Volker Development Services - Due Diligence Coordinator

92 East Main Street, Suite 410, Somerville, NJ 08876

2

Dorothy Volker Development Services - Due Diligence Coordinator

92 East Main Street, Suite 410, Somerville, NJ 08876

Neighborhood Association July 20, 2020

Mr. Chuck Salley, Chairman

The Columbia Board of Zoning Appeals

Mr. Salley,

The Cottontown Neighborhood Association formally opposes the installation of a Murphy Oil gas

station/convenience store at the corner of Marion Street and Elmwood Avenue (and adjacent parcels).

After a virtual meeting on Monday July 13 – speaking with representatives of Murphy Oil and GreenbergFarrow – it

is clear that they have neither a plan nor a solution for walk-up consumer traffic (prevalent in this area) beyond their

proposed property. It is this walk-up traffic – consuming food, alcohol, tobacco products, and lottery items away

from the Murphy Oil location, and the litter and loitering which accompany such consumption – which would

exacerbate the on-going problem that surrounding neighborhoods experience with the foot traffic from the other

convenience stores that exist within five blocks from the corner of Marion and Elmwood (El Cheapo, Main’s Best,

Market Express, S-Mart, and Circle K).

The above conditions constitute an adverse impact on the public interest, adverse impact on public safety and

creating a public nuisance, and will add to the concentration/proliferation of same or similar types of special

exception uses in the area. GreenbergFarrow (BoZA applicant and Murphy Oil representative) has failed to

demonstrate any adequate solution to these points on their application.

The Cottontown Neighborhood Association encourages the development of vacant adjacent and abutting properties

in such a way as would enhance the quality of life for our historic area. We believe that the Murphy Oil proposal at

Marion and Elmwood would serve to lure the vulnerable population in our area into activities that would perpetuate

their plight rather than adding to or enhancing the overall quality of life for our residents and entrepreneurs.

Sincerely,

Will Thrift

President, Cottontown N.A.

Midlands Housing Alliance, Inc.

2025 Main Street │Columbia, SC 29201│P. 803.708.4861│F. 803.708.4863│www.TransitionsSC.org

July 27, 2020 Mr. Chuck Salley, Chairman City of Columbia Zoning Division 1136 Washington Street Columbia, SC 29201 Dear Mr. Salley:

In response to the August 6, 2020 Board of Zoning Appeals Agenda, line IV 7, additional alcohol being sold along Elmwood Street in downtown Columbia is not conducive to the mission of Transitions Homeless Center. Our facility houses 260 homeless clients almost every night with another 90 or so clients who come in only for the day. Addiction is a major issue for our clients. This last fiscal year some 24% of our new residents admitted having a serious addiction issue upon entry. The recognized actual percentage of those with addiction is undoubtedly much higher. Another gas station is not the problem for those who are homeless. Our concern is having yet another place that sells alcohol in close proximity to the homeless center at Main and Elmwood. As the COVID-19 pandemic sweeps America, national overdoses have increased 18% in March, 29% in April, and 42% in May as compared to last year according to LRADAC, the addiction authority for Richland County. The pandemic isolation is exacerbating addiction issues of all types with overdoses in SC alone jumping from 540 to 915 in May as compared to last year. Both Richland and Lexington counties are in the top ten of SC counties by overdose count. In examining chronically homeless, they generally die from 42 to 52 years of age with 30-70% dying from alcohol use. So, addiction is a serious homeless problem for all substances to include alcohol. As the largest homeless center in the Midlands, Transitions is committed to helping those who are homeless find housing, obtain work, and pay bills responsibly. Our clients need to save money to afford moving into housing, and they should not spend to buy alcohol. Many are saving money to eliminate debt and to be ready to move into their own permanent housing. These cheap, single-serving beer, wine, or liquor bottles provide easy alcohol access to the homeless with no benefit to them or the community. Many of these containers are now found by our morning garbage patrols from Transitions.

Transitions views nothing positive from a new alcohol business this close to our homeless center. We ask that a beer and wine permit not be granted to a store this close to a homeless center and during the pandemic.

I am available at (803) 724-1080 to answer any question or to be of assistance.

Sincerely,

Craig J. Currey Transitions CEO

Mr. Chuck Salley, ChairmanThe Columbia Board of Zoning Appeals1136 Washington St.Columbia, SC 29201 July 27, 2020

Dear Chairman Salley,

Regarding the Board of Zoning Appeals Special Exceptions Application submitted by GreenbergFarrow (2020-0040-SE) on behalf of Murphy USA, our neighborhood, the Robert Mills Historic Neighborhood Association, raises the following points of contention:

Regarding Section 17-112(2), #1:There can be no left turn from Bull St. (see exhibit A) on to the proposed new entrance between ElCheapo’s and Auto Glass, and a left turn from Elmwood on to Marion will not only cause traffic toback up between Bull and Marion, Westbound, it will cause confusion and potential accidents in theEastbound lanes on Elmwood and Bull, as drivers will have to collectively decide whether or not tocreate an opening in Eastbound lanes to allow a left-hand turn where no light exists. No left handturn lane currently exits for Eastbound traffic at the Elmwood/Marion Street intersection (seeExhibit B). This is an extremely heavily-trafficked intersection, which is already scheduled toundergo lane modifications for the Bull Street Commons development.

Regarding Section17-1122(2), #2:The 4 existing gas stations on Elmwood generate significant off-site litter, consisting of beer cans, bottles, snack bags and wrappers, and soda cans. This litter is discarded beside roads, in gardensand landscaping, in driveways, on lawns in the neighborhoods, on front and back porches and atnearby schools, playgrounds, graveyards and in public parks.None of those food or alcoholic beverages are sold at the restaurants on Elmwood.While Greenberg/Farrow/Murphy has agreed to monitor and pick up trash on their property, they ac-knowledge that they cannot and will not do so beyond their property. Murphy USA cannot guaranteethat an additional gas station/convenience store will not significantly contribute to the area’s litteringproblem.

Regarding Section17-1122(2), #3:Not only will an additional gas station of this size and footprint have an adverse impact on the aes-thetic character of the area, the application completely mischaracterizes the area as a “City Center”architectural area. In fact, the site is bordered by the Robert Mills Historic District (National Regis-ter, Landmark District II, 1981,113 listed historic properties. Also a City Of Columbia Historic OverlayDistrict);

The Historic Cottontown/Belleview residential neighborhood (a City of Columbia Historic District),175+ homes; and within two blocks of The Elmwood Park Historic Neighborhood (City of ColumbiaHistoric District), with 200+ residential homes. The Marion Street entrance/exit will be directly oppositeHistoric Columbia’s Modjeska Simpkins cottage, a Civil Rights landmark built between 1890 and1895. Main Street is also densly populated, with hundreds of apartments and upscale condominiums.

The huge footprint of the proposed gas station will cover slightly less than 1/2 of a full city block, at amajor gateway intersection, and when combined with the El Cheapo gas station, will cover the entireNorth-facing, 1400 block of Elmwood, with pavement, gas pumps and artificial light.

In order to build this gas station, 5 existing structures will have to be demolished and 7 separate parcelscombined. This is a significant loss of leaseable commercial space and eliminates structures that couldbe re-purposed for retail, restaurants, condominiums or apartments.

Regarding Section17-1122(2), #5:The proposed Murphy Express will absolutely contribute to an already existing proliferation ofgas stations, and beer and wine resources, on Elmwood Avenue.It will be right next door to El Cheapo’s, an existing gas station.

The application neglects to mention that there are FOUR existing gas stations, offering identicalservices, in 4 blocks on Elmwood, totalling 19 existing pumps:

The BP Station: Beer and Wine License, 6 gas pumps, convenience store, on site parkingThe Exxon: Beer and Wine License, 4 gas pumps, convenience store, on site parkingThe Circle K: Beer and Wine License, 6 gas pumps, convenience store, on site parkingEl Cheapo’s: Beer and Wine License, 3 gas pumps, convenience store, on site parking

The proposed Murphy USA operation will add 10 more gas pumps, a 5th place to buy beer andwine, and another convenience store in that same limited corridor, and will be significantlylarger than any of the other 4 gas stations.This will add no options or conveniences that 4 other competitors don’t already provide, but willadd another source of beer and wine.

Regarding Section17-1122(2), #6:Suggesting that the proposed gas station would be compatible with the City Center Overlay is an ex-treme stretch. Careful reading of the City Center’s development objectives does not reveal an intent tosupport the proliferation of gas stations. Nor is that endorsed on any page or section of The Penny’sguiding legislation. Neither the City’s C-3 General Commercial District guidelines nor the current Plan-ning update underway encourage the destruction of 5 existing structures and the collapsing of 7 sepa-rate lots to create one duplicate gas station.

Additionally: the 5-to-10 foot landscaped buffer strips are hardly sufficient to screen a footprint 1/2 of aCity block long, and more than 100 feet wide.

Regarding Section 17-1122(2), #7:The application states that there are no nearby homes or residences.Including the aforementioned historic districts, and many small individual rental properties in the area,there are apartment buildings, duplexes, condominiums and individual residences within one to 6blocks of the proposed gas station. Hundreds of residents live nearby, including:

The Marion Street Highrise Apartments, 145 residents, one block awayThe Robert Mills Historic District, one block away, covering 36 City blocks, 100-150 residentsCottontown/Belleview Historic Neighborhood, directly across Elmwood, 400+ residentsElmwood Historic Neighborhood, two blocks away, 500+ residentsThe Main Street District, two blocks away, 300+ residents, including:Main Street Lofts, 5 blocks awayThe Dakota, 5 blocks awayThe Hub, 6 blocks away

Regarding Section 17-1122(2), #8:The proposed Murphy’s Express will in effect add a 5th wine and beer source in a 4-block zone,thereby adversely affecting Historic neighborhood character in 3 adjacent neighborhoods, potentiallyadding significant litter, encouraging more loitering, trespassing, panhandling and foot traffic in thenearby businesses and neighborhoods, and permanently reducing opportunities for more compatibleeconomic development (similar to Bull Street Commons) on one of the City’s major gateways.

See Crime Analysis and letter from Transitions attached. This concentration of gas stationsgenerates a significant number of 911 and police calls, and according to the Analysis at-tached, those calls include surrounding businesses and properties. See ‘Report Area’ (RA)data column. Transitions, a City and community-funded counseling and rehabilitation facilityjust 2 block away, already treats scores of clients annually who struggle to escape alcoholism.

While Crime is not one of the criteria for objection to an application, it does it does severly impactquality of life in the nearby neighborhoods.

For the above reasons, we ask you to deny this Special Exception request.

Respectfully submitted,

President, The Robert Mills Historic District

Enclosures (4)Exhibit AExhibit BCrime Analytics ReportTransitions Letter

2031 Bull St RA 529

HOMICIDESEXUAL ASSAULT* 2ROBBERY 3 7AGGRAVATED ASSAULTS* 12TOTAL VIOLENT CRIMES 3 21

BURGLARY 14AUTOBREAKING 33LARCENY* 7 33MOTOR VEHICLE THEFT 8TOTAL PROPERTY CRIMES 7 88

ALL OTHER CRIMINAL VIOLATIONS 9 103ASSISTING OTHER AGENCY 17COUNTERFEIT / FORGERY 2 7CREDIT CARD FRAUD 2DISORDERLY CONDUCT 2 24DRUG LAW VIOLATIONS 3 40DRUNKENNESS 4 20DUI 4FAMILY OFFENSES (NON-VIOLENT) 2FRAUD 1 3INDECENT EXPOSURE 1INTIMIDATION / HARASSMENT 1LIQUOR LAW VIOLATIONS 3 79LOITERING / BEGGING 2 18MIPP / VANDALISM 2 77MISSING PERSONS 3POSSESSION OF STOLEN GOODS 1RESISTING ARREST 3RUNAWAY 1 1SIMPLE ASSAULT 6 33TRESPASSING 2 52UNLAWFUL USE OF MOTOR VEHICLE 1 4UNLAWFUL USE OF TELEPHONE 7WEAPON LAW VIOLATIONS 1 3WELFARE FRAUD 1WIRE FRAUD 1TOTAL "OTHER" CRIMES 39 507CRIMES TOTALS 49 616

**Date range is between Jul 1, 2018 to Jul 24, 2020. Data pulled from RMS and is subject to changes.

El Cheapo2031 Bull St (RA 529)

July 1, 2018 - July 24, 2020

*Sexual Assault - includes all attempts and completions of the following: Rape, Sodomy, Rape w/ Object, Forced Fondling

*Aggravated Assaults are reported by the number of incidents, not by victims.

*Larceny - includes all attempts/completions of Pocket Picking, Purse Snatching, Shoplifting, Theft from Building, Theft from Coin Operated

Machine/Device, Theft of Motor Vehicle Parts/Accessories, All Other Larceny

Page 1 of 4

1000 Elmwood

Ave RA 530

HOMICIDESEXUAL ASSAULT* 4ROBBERY 13AGGRAVATED ASSAULTS* 2 18TOTAL VIOLENT CRIMES 2 35

BURGLARY 2 22AUTOBREAKING 1 23LARCENY* 14 90MOTOR VEHICLE THEFT 12TOTAL PROPERTY CRIMES 17 147

ALL OTHER CRIMINAL VIOLATIONS 11 101ARSON 1ASSISTING OTHER AGENCY 15COUNTERFEIT / FORGERY 5 15DISORDERLY CONDUCT 7 35DRUG LAW VIOLATIONS 10 38DRUNKENNESS 10 26DUI 21FAMILY OFFENSES (NON-VIOLENT) 7FRAUD 4 15IDENTITY THEFT 1INDECENT EXPOSURE 1 6INTIMIDATION / HARASSMENT 5KIDNAPPING 1LIQUOR LAW VIOLATIONS 22 78LOITERING / BEGGING 1 14MIPP / VANDALISM 2 43MISSING PERSONS 7POSSESSION OF STOLEN GOODS 1RESISTING ARREST 10SIMPLE ASSAULT 9 62TRESPASSING 69 177UNLAWFUL USE OF MOTOR VEHICLE 5UNLAWFUL USE OF TELEPHONE 2 5WEAPON LAW VIOLATIONS 2 7WELFARE FRAUD 1TOTAL "OTHER" CRIMES 155 697CRIMES TOTALS 174 879

*Larceny - includes all attempts/completions of Pocket Picking, Purse Snatching, Shoplifting, Theft from Building, Theft from Coin Operated

Machine/Device, Theft of Motor Vehicle Parts/Accessories, All Other Larceny

**Date range is between Jul 1, 2018 to Jul 24, 2020. Data pulled from RMS and is subject to changes.

*Sexual Assault - includes all attempts and completions of the following: Rape, Sodomy, Rape w/ Object, Forced Fondling

*Aggravated Assaults are reported by the number of incidents, not by victims.

BP Gas Station

July 1, 2018 - July 24, 20201000 Elmwood Ave (RA 530)

Page 2 of 4

1027 Elmwood

Ave RA 530

HOMICIDESEXUAL ASSAULT* 4ROBBERY 1 13AGGRAVATED ASSAULTS* 18TOTAL VIOLENT CRIMES 1 35

BURGLARY 7 22AUTOBREAKING 23LARCENY* 7 90MOTOR VEHICLE THEFT 12TOTAL PROPERTY CRIMES 14 147

ALL OTHER CRIMINAL VIOLATIONS 2 101ARSON 1ASSISTING OTHER AGENCY 15COUNTERFEIT / FORGERY 15DISORDERLY CONDUCT 1 35DRUG LAW VIOLATIONS 1 38DRUNKENNESS 1 26DUI 21FAMILY OFFENSES (NON-VIOLENT) 7FRAUD 15IDENTITY THEFT 1INDECENT EXPOSURE 1 6INTIMIDATION / HARASSMENT 5KIDNAPPING 1LIQUOR LAW VIOLATIONS 10 78LOITERING / BEGGING 1 14MIPP / VANDALISM 1 43MISSING PERSONS 7POSSESSION OF STOLEN GOODS 1RESISTING ARREST 10SIMPLE ASSAULT 2 62TRESPASSING 10 177UNLAWFUL USE OF MOTOR VEHICLE 5UNLAWFUL USE OF TELEPHONE 5WEAPON LAW VIOLATIONS 7WELFARE FRAUD 1TOTAL "OTHER" CRIMES 30 697CRIMES TOTALS 45 879

**Date range is between Jul 1, 2018 to Jul 24, 2020. Data pulled from RMS and is subject to changes.

Exxon1027 Elmwood Ave (RA 530)July 1, 2018 - July 24, 2020

*Sexual Assault - includes all attempts and completions of the following: Rape, Sodomy, Rape w/ Object, Forced Fondling

*Aggravated Assaults are reported by the number of incidents, not by victims.

*Larceny - includes all attempts/completions of Pocket Picking, Purse Snatching, Shoplifting, Theft from Building, Theft from Coin Operated

Machine/Device, Theft of Motor Vehicle Parts/Accessories, All Other Larceny

Page 3 of 4

927 Elmwood

Ave RA 533

HOMICIDESEXUAL ASSAULT* 2ROBBERY 1 2AGGRAVATED ASSAULTS* 3 3TOTAL VIOLENT CRIMES 4 7

BURGLARY 16AUTOBREAKING 41LARCENY* 22 36MOTOR VEHICLE THEFT 2 12TOTAL PROPERTY CRIMES 24 105

ALL OTHER CRIMINAL VIOLATIONS 11 33ASSISTING OTHER AGENCY 3 8COUNTERFEIT / FORGERY 3 10CREDIT CARD FRAUD 1 1DISORDERLY CONDUCT 8 12DRUG LAW VIOLATIONS 6 19DRUNKENNESS 8 9DUI 8EMBEZZLEMENT 1 1FRAUD 1 7IDENTITY THEFT 1INCORRIGIBLE 1INTIMIDATION / HARASSMENT 3KIDNAPPING 1LIQUOR LAW VIOLATIONS 16 19LOITERING / BEGGING 3MIPP / VANDALISM 20MISSING PERSONS 1POSSESSION OF STOLEN GOODS 1RESISTING ARREST 1SIMPLE ASSAULT 4 15TRESPASSING 51 75UNLAWFUL USE OF TELEPHONE 2TOTAL "OTHER" CRIMES 113 251CRIMES TOTALS 141 363

**Date range is between Jul 1, 2018 to Jul 24, 2020. Data pulled from RMS and is subject to changes.

Circle K927 Elmwood Ave (RA 533)July 1, 2018 - July 24, 2020

*Sexual Assault - includes all attempts and completions of the following: Rape, Sodomy, Rape w/ Object, Forced Fondling

*Aggravated Assaults are reported by the number of incidents, not by victims.

*Larceny - includes all attempts/completions of Pocket Picking, Purse Snatching, Shoplifting, Theft from Building, Theft from Coin Operated

Machine/Device, Theft of Motor Vehicle Parts/Accessories, All Other Larceny

Page 4 of 4

 

July 30, 2020

Mr. Chuck Salley, Chairmen The Columbia Board of Zoning Appeals, Mr. Salley, The Downtown Neighborhood Association (DNA) is responding to the proposed Murphy Oil gas station and convenience store zoning appeal at the corner of Marion Street and Elmwood Avenue (and adjacent parcels). Our neighborhood of over 1,300 homeowners, renters, and students directly abuts the proposed project. After a virtual Public Information Meeting held by the DNA July 1, 2020, which was held to request information regarding the project from representatives of Murphy Oil and GreenbergFarrow, the DNA still has major concerns over the consequential effects to our neighborhood if this project were to move forward. As the proposed project is not directly within the Downtown Neighborhood, the DNA must strongly rely on the recommendations of our greater neighborhood in Columbia, SC. After reading the concerns identified in letters of opposition written by our adjacent neighborhoods, we must agree with the assessment that this proposed application should be rejected by BOZA. The following conditions constitute an adverse impact on the public interest and public safety, effectively creating a public nuisance; and will add to the concentration/proliferation of the same or similar types of special exception uses in the area: Regarding Section17-1122(2), #2: The four existing gas stations on Elmwood generate significant off-site litter, consisting of beer cans, bottles, snack bags and wrappers, and soda cans; none of which are sold by the neighboring commercial properties. While Murphy has agreed to monitor and pick up trash on their property, they acknowledge that they cannot and will not do so beyond their property. Murphy USA cannot guarantee that an additional gas station/convenience store will not significantly contribute to the area’s littering problem. Regarding Section17-1122(2), #6: Suggesting that the proposed gas station would be compatible with the City Center Overlay is an extreme stretch. After a review of the City Center’s development objectives, we note they do not reveal an intent to support the proliferation of gas stations; nor is that endorsed on any page or section of The Penny’s guiding legislation. Neither the City’s C-3 General Commercial District guidelines nor the current Planning update encourage the destruction of five existing structures and seven separate lots to create one duplicate gas station. Representatives of Murphy Oil expressed their intent to provide landscaped buffer strips to help reduce the aesthetic impact of

  developing a convenience store on the neighboring properties. We feel that their proposed 5-to-10-foot landscaped buffer strips are hardly sufficient to screen a footprint that is a half-City block long, and more than 100 feet wide. Regarding Section 17-1122(2), #7: The application states that there are no nearby homes or residences, which is untrue. The variety of nearby residences include apartment buildings, condominiums, residential neighborhoods and individual residences within six blocks of the proposed gas station. This comment in the application speaks to the very evident disconnect between the proposed developers and the environment in which they desire to build, and further demonstrates that the applicant performed little research on the Downtown Columbia community. Given these concerns addressed in our neighborhood Public Information Meeting, we implore the Board of Zoning Appeals to formally reject the application from Murphy Oil/GreenbergFarrow. In lieu of this project, the DNA is working with the City of Columbia to address the need for productive development based on the needs expressed by those in our city. Considering the plethora of development options that could take place on these seven parcels to spur growth, increase city funds and improve Columbia, we feel that the development of another fuel station/convenience store is unnecessary, and ultimately creates a larger problem than it solves. Sincerely, Vincent J. McCarron IV President, Downtown N.A.