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BOARD OF ZONING APPEALS CASE SUMMARY FOR

APPLICATION FOR SPECIAL EXCEPTION

1209 and 1205 Franklin Street

August 11, 2015 at 10:00 A.M. City Council Chambers, 1737 Main Street, 3rd Floor

Columbia, South Carolina Case Number: 15-058-SE

Subject Property: 1209 and 1205 Franklin Street (TMS# 09113-13-17 and -18)

Zoning District: MX-1, -NC (Mixed Use district in the North Main Corridor overlay)

Applicant: Frank Cason, Cason Development Group

Property Owner: Sue M Harvell/Kirkwood Properties 2 LLC

Council District: 1

Summary Prepared: 8/4/ 2015

Requested Action: Special Exception for leased remote parking Applicable Sections of Zoning Ordinance: §17-345(b)(2) Where the off-street parking spaces required by the Zoning Ordinance

cannot be reasonably provided on the same lot on which the principal nonresidential use would be located, such space may be leased subject to the approval of a special exception by the Board of Zoning Appeals and subject to certain conditions (see comments)

§17-326(b)(5) Parking requirements shall be reduced by 20% for all uses within the

–NC overlay district. §17-112 Standard criteria for special exceptions Case History: 8/11/15 Special Exception request for alternate parking surface (15-059-SE). Staff Comments: This application for Special Exception is to allow leased "remote" parking within a

parking lot at 1205 Franklin Street in order to accommodate the required parking for the redevelopment of the adjacent property at 1209 Franklin Street. The applicant is proposing to convert a former 2,400 sq. ft. automotive garage into a restaurant, which would require 15 parking spaces, all of which would be provided in the remote parking lot. The subject properties are within the Cottontown/Bellevue Historic District neighborhood, though within a commercial area of the neighborhood.

In addition to the standard criteria for special exception, the board must find that the

location of the parking spaces and the associated pedestrian path of travel are safe and well lit. Also, the applicant will need to comply with all of the applicable conditions within §17-345, including that an executed lease for the approved parking must be provided prior to occupancy of the building, and at the time of every annual renewal for a business license, the user must provide evidence that the lease is still in effect (see the text of §17-345(b)(2) below).

The parking lot is immediately adjacent to the applicant’s property and accessible by

way of a proposed sidewalk within the right-of-way. Being adjacent to the applicant’s property, the proposed parking lot is well within the maximum allowed distance of 600

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feet from the proposed restaurant. A streetlight request has recently been approved at City Council to install a streetlight near the intersection of the two property lines and the right-of-way. In addition, a streetlight is to the east of 1211 Franklin Street, and streetlights are at both ends of the block (at Main and Sumter Streets). The lease submitted with this application includes an unsigned addendum that meets the requirements of item b contained within §17-345(b)(2) below.

Should the applicant receive the necessary approvals from the Board, encroachments

may be required for the work within the right-of-way, and a Certificate of Design Approval (CDA) will need to be issued for any exterior work. The project will need to meet all other city codes, including landscaping, building code, fire code, and the requirements of the Utilities and Engineering department (i.e. grease trap and/or tap upgrade fees).

In addition to this request, the applicant is also requesting special exception approval for

an alternate parking surface (case # 15-059-SE).

§17-345(b)(2): Such space may be leased subject to the approval of a special exception by the board of zoning appeals and

subject to the following conditions: a. Notices required of section 17-112 shall include both the location of the prospective use and the

property containing the leased parking spaces; b. At the time of application for special exception, each prospective user shall provide a copy of an

unexecuted lease for a number of off-street parking spaces at a rate specified upon Table 1 of section 17-258, and the number of parking spaces required will be rounded to the nearest whole number;

c. The lease must specify that the parking spaces are for the exclusive use of the prospective user, including the user's customers and employees, unless the parking spaces are controlled by the City of Columbia;

d. The lease must state that no party can cancel the lease without first sending notice via certified mail to the Zoning Administrator, c/o the Zoning Division of the City of Columbia, at least 30 days prior to the termination of the lease;

e. With the application for special exception, the applicant shall provide a site plan to scale depicting the location of the prospective use, the location of the parking spaces, and the pedestrian path of travel between these locations. The board of zoning appeals shall find that the location of the parking spaces and the associated pedestrian path of travel are safe and well lit;

f. Parking spaces shall be located on parcels within 600 feet of the property containing the prospective use;

g. Parking spaces shall not include required off-street parking spaces for another use, except in accordance with section 17-346, shared parking;

h. For the purposes of this subsection, section 17-345 (b), the term "lease" may include some other similar type of binding contractual arrangement between a user and a property owner, subject to compliance with all other conditions of the grant of special exception;

i. At the time of application for zoning approval (request coming from either a business license application or other similar application for zoning permit), each prospective user shall provide a copy of an executed lease identical to the unexecuted lease provided to the board of zoning appeals and in conformance with any additional conditions imposed by the board of zoning appeals;

j. Prior to operating the use, each parking space shall be clearly marked that the space is reserved for the exclusive use of the user, and that the user may cause violators to be towed;

k. Each parking space marking shall not exceed two square feet and shall be free of logos or other commercial contents; and

l. At the time of every annual renewal for a business license, each user shall submit evidence that the lease submitted in support of the grant of special exception is currently in effect and has been in effect since the last date of zoning approval (i.e. initial zoning approval or last annual business license renewal).

I recommend that the Board approve this application, subject to the following condition:

• Construction, operation, and/or use shall be in substantial compliance with the documents placed on file in conjunction with this case.

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The above recommendation is based upon the following findings as required within

§17-112 of the Zoning Ordinance:

1. Leased remote parking is allowed by special exception within the MX-1, -NC district, and granting this special exception would not adversely affect the public interest.

2. The proposed leased remote parking, when operated in conformance with the application and submitted documents presented to the Board prior to the public hearing:

a. Will not have a substantial adverse impact on vehicular traffic or vehicular and pedestrian safety and adequate provisions are made in the proposed exception for parking and for loading and unloading in that the proposed leased parking is on a parcel immediately adjacent to the site;

b. 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 as the proposed leased remote parking will be upon an existing vacant lot in a commercial area;

c. 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 in that the proposed leased parking will be upon an existing vacant lot immediately adjacent to the proposed restaurant;

d. Will not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public interest or conditions likely to result in increased law enforcement response;

e. 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 because the parking lot is immediately adjacent to the proposed restaurant and will enable investment and renovation of an otherwise underutilized property;

f. Is consistent with the character and intent of the underlying MX-1, -NC district as indicated in the zoning district description as the proposed leased remote parking will enable the renovation of a former automotive use into a restaurant, consistent with the goals of a mixed-use district and the North Main Corridor overlay;

g. Is appropriate for its location and compatible with the permitted uses adjacent to and in the vicinity of the property.

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. -None.

SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT, ("Amendment") made the date as so specified herein below, by and between Kirkwood Properties 2, LLC. ("Landlord"), and Cason Development Group, LLC (Tenant"); WHEREAS, Landlord and Tenant entered into a Lease Agreement, ("Lease"), dated the 9th day of June, 2015, for premises ("Demised Premises") and more specifically described in the Lease and; NOW THEREFORE, the parties for considerations hereinafter mentioned covenant and agree thatthe said Lease is amended, effective upon execution hereof, as follows:

A. Landlord and Tenant acknowledge that there will be 15 parking spaces on the site for the exclusive use of the occupants of 1209 Franklin Street;

THIS AGREEMENT, by reference to the above stated Lease Agreement, shall, when fullyexecuted, form a part thereof; and ALL OTHER TERMS AND CONDITIONS, of the Lease Agreement shall remain in full force and effect. In Witness Whereof, the parties have executed this Amendment Agreement as of the ____ day of _______, 2015. ATTEST: LANDLORD: Kirkwood Properties 2, LLC _______________________ By: __________________________________ _______________________ Title: __________________________________ Date: __________________________________

TENANT: Cason Development Group. LLC _______________________ By: __________________________________ _______________________ Title: __________________________________ Date: __________________________________

Leased off-site parking: 1. Narrative- (from §17-345(b)(2)e.):

a. You may want to address “The board of zoning appeals shall find that the location of the parking spaces and the associated pedestrian path of travel are safe and well lit”.

We just recently requested and were granted a new street light on Franklin Street between the building and the new parking lot. Additionally, we will add new lighting as it fits in with the landscaping requirements both on the building and in the parking lot. Lighting is extremely important to our restaurant.

MN 6/16/2015 Page 8 of 9

20. Neighborhood Street Lighting Request - Approved Upon a motion made by Mayor Benjamin and seconded by Mr. Davis, Council voted unanimously to approve the following Neighborhood Street Lighting Request:

Neighborhoods Listed by Priority Existing

Lights

Requested

Lights

Current

Lease Cost /

Annually

Project

Request Total Total Year

to Date

1209 Franklin Street 1 1 $118.92 $118.92 $6,211.44 21. Council is asked to approve the Installation of a Multi-Way Stop at the intersection of

Heyward Street and Gregg Street, as requested by the Hollywood / Rose Hill Neighborhood. – Consideration of this item was deferred.

22. Council is asked to approve the Installation of a Four-Way Stop at the intersections of

Read Street, Heidt Street and Waverly Street. - Approved

Upon a motion made by Ms. Devine and seconded by Mr. Davis, Council voted unanimously to approve the Installation of a Four-Way Stop at the intersections of Read Street, Heidt Street and Waverly Street.

CITY COUNCIL COMMITTEE REPORTS / REFERALS

23. Council is asked to refer a review of Requests for Pop-Up Shops to the Economic and

Community Development Committee, as requested by The Honorable Tameika Isaac Devine.

Councilor Davis said this is an initiative we worked on with a North Columbia and he looks forward to coming up with a resolution that works for the City at large. Upon a motion made by Ms. Devine and seconded by Mr. Davis, Council voted unanimously to refer a review of Requests for Pop-Up Shops to the Economic and Community Development Committee. 24. Business License Ad-Hoc Committee Report

Councilor Devine reported on behalf of Mr. Baddourah, committee chair. She noted that the Business License Ad-Hoc Committee met on June 3, 2015 to discuss Mr. Baddourah’s proposed ordinance regarding a business license for non-profits. She said there are a lot more questions than answers and staff is not able to run revenue projections, because the proposed ordinance is unclear on which non-profits will be affected. She reported that Chuck Beaman, Chief Executive Officer for Palmetto Health expressed concerns that Palmetto Health would have with the current proposal. She said that Mr. Beaman provided additional information on their costs and economic impact. She said Council members need to submit questions to the City Manager for follow-up. She said one question involves the nonprofits that are in competition with businesses. She said the committee will continue its discussions and a review of revenue sources, but the committee isn’t ready to move forward with a recommendation at this time.

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