CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, JANUARY 12, 2005
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for a Zoning Public Hearing on Wednesday, January 12, 2005, in the City Council Chambers at 1737 Main Street, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 10:00 a.m.  The following Council members were present:  The Honorable E. W. Cromartie, II, The Honorable Anne M. Sinclair, The Honorable Hamilton Osborne, Jr., The Honorable Sam Davis, The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Moore, City Clerk.

ZONING PUBLIC HEARING

· City Council convened the Zoning Public Hearing at 10:03 a.m.

CONFIRMATIONS – FIRST READING

Upon motion by Ms. Sinclair, seconded by Mr. Davis, Council voted unanimously to give first reading approval on a single motion to Zoning Confirmation Items 1. through 3. as presented. No one appeared in opposition to these requests.

1. 3517 Broad River Road, TMS# 06110-04-06; confirm C-3. – Approved on first reading.

2. 745 Janice Drive, TMS# 07305-01-08; confirm RS-1. – Approved on first reading.

3. 735 Deerwood Street, TMS# 13708-08-11; confirm RS-3. – Approved on first reading.

 MAJOR CHANGES TO PREVIOUSLY APPROVED PUDS – FIRST READING

4. 2400 Haskell Street (Benedict College), TMS# 11408-10-18, rezone from PUD-C to amended PUD-C.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading a Major Change to a Previously Approved Planned Unit Development for 2400 Haskell Street (Benedict College), TMS# 11408-10-18, rezone from PUD-C to amended PUD-C, subject to the neighborhood association being contacted regarding their support or opposition to this request.  The building should maintain its residential quality.  No one appeared in opposition to this request.

5. 11.558 acres Club Road between Parkridge Road & Lake Murray Boulevard, TMS#05005-01-02; rezone from PUD-LS (Church/School) to PUD-LS (RG-2).

Mr. Marc Mylott, Director of Development Services, explained that this property was originally a part of the 50-acres that City Council approved the major change for the Riverland Hills Baptist Church in September 1999. However, when Riveland Hills Baptist Church discovered the nuances of Club Road, it decided to take approximately 11-acres on the other side bringing its total back up to 50-acres. There was speculation that when they moved to the west that the RG zoning transferred over to the Club Road portion, but there is no record of that.  He indicated that the City’s records show that this piece remains as a school/church.  He noted that  neither Planning Commission nor staff have a problem with making this RG like zoning.  There are some issues that need to be resolved with Club Road that will determine the number of units.  If the applicant wants to develop more than 29 – 30 units, they will be required to have two (2) points of access.

Reverend Wayne Cole, Riverland Hills Baptist Church, appeared before the members of Council in support of the request to rezone.  He said that he is concerned with ingress and egress from Club Road.  He said that opening up Club Road would be an advantage to the church as well.

Mr. Leroy Simons, 111 Lake Murray Boulevard, appeared before the members of Council in opposition to the request to rezone.  He stated that they were told that a church and a school would be in this area.  He said that he would prefer that it remain as a religious area without the increase in traffic.

Ms. Gail Morales, appeared before the members of Council in opposition to the request to rezone.  She said that there is a tremendous amount of traffic on Highway 60 and now Club Road will be impacted.  She explained that there is another proposed development two (2) blocks down on Highway 60 at the corner of Piney Woods Road and Broad River Road.

Mr. John Gerald, Land Acquisition Manager for Centex Homes, explained that they are currently working with the adjacent landowners to obtain access on Club Road.  He stated that this proposal is consistent with other area developments.  Mr. Gerald assured the members of Council that they are working to resolve the egress and ingress issue.

Representative Rick Quinn appeared before the members of Council in opposition to the request to rezone.  He stated that Harbison was supposed to be a planned community and that this proposal was not a part of the original plans for the area.

There was a consensus of Council to defer first reading approval to allow the developer and the community an opportunity to meet and discuss their concerns.  Also, the matter of egress and ingress should be resolved prior to first reading approval.

6. 9.91+  & 4.49+ acres Southwest Corner of Piney Woods Road & Broad River Road, TMS#05013-01-01 & 05009-02-52; rezone from PUD-LS (Reserved) to PUD-LS (RG-2).

Representative Rick Quinn appeared before the members of Council in opposition to the request to rezone.  He stated that he didn’t want to oppose Centex, but this proposal is not a part of the original plan; the referenced property was supposed to maintain its green space and a park; and traffic would increase tremendously.

Ms. Glenda Swearingen appeared before the members of Council in opposition to the request.  She said that they were told that there would be green space not town houses in that area.

There was a consensus of Council to defer first reading approval.

MAP AMENDMENTS / REZONING – FIRST READING

7. 1305 North Millwood Avenue, TMS# 11411-15-09(p); rezone from C-3 to RG-2.

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading a Map Amendment / Rezoning of 1305 North Millwood Avenue, TMS# 11411-15-09(p); rezone from C-3 to RG-2.  No one appeared in opposition to this request.

8. 21 +/- acres, East Exchange Blvd (Hampton Oaks), TMS# 16308-07-01; rezone from C-3 to PUD-R.

Upon motion by Mr. Rickenmann, seconded by Mr. Osborne, Council voted unanimously to approve on first reading a Map Amendment / Rezoning for 21 +/- acres, East Exchange Blvd (Hampton Oaks), TMS# 16308-07-01; rezone from C-3 to PUD-R.  No one appeared in opposition to this request.

9. 1117 Woodrow Street, TMS# 11414-18-08; rezone from RG-2, -DP to PUD-R, -DP.

Ms. Christine Benson, 1112 Woodrow Street, asked for clarification of the details of the request.

Ms. Sarah Svedberg stated that she’s concerned about parking.  She said that the two (2) residences should share a drive way with parking in the back.

Mr. Marc Mylott, Director of Development Services explained that some of the concerns addressed in Ms. Svedberg’s letter are under the purview of the Design Development Review Commission.

Upon motion by Ms. Sinclair, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading the Map Amendment / Rezoning of 1117 Woodrow Street, TMS# 11414-18-08; rezone from RG-2, -DP to PUD-R, -DP.  The applicant was advised to proceed with the Design Development Review Commission application process and to continue to work closely with the residents.

10. 506 Sunset Drive, TMS# 09107-06-03(p); rezone from RS-1 to PUD-R.

Ms. Peggy Gainey, ReMax representative, appeared before the members of Council on behalf of the applicant.  She explained that they have met with the Homeowners Association and the Planning Commission since the process began in July 2004.  She stated that this development would add value to the community with the homes costing $150,000.00.

Mr. Grady Wallace, 3221 Makeway Drive, appeared before the members of Council in opposition to the request.  He stated that the members of the Homeowners Association would not be directly impacted by this development.  Mr. Wallace said that Sunset Drive is extremely heavy in traffic and they have experienced a number of tragedies in the area. He said that it is inconceivable to construct four (4) homes at the proposed site and their overflow parking would be on Westbury Drive.  Mr. Wallace added that the homes would deter from the residential character of the area.  He submitted a 45-signature petition in opposition to this request.

Ms. Rebecca Connelly, 3145 Makeway Drive, appeared before the members of Council in opposition to the request to rezone due to the current density of the area.  She was also addressed traffic and safety concerns. Ms. Connelly submitted letters of opposition from a neighbor.

Ms. Evelyn Scott, 3300 Makeway Drive, appeared before the members of Council in opposition to the request to rezone.  She said that these homes would add to the traffic problems they currently have.
Ms. Lynn Scott, 3335 Westbury Drive, appeared before the members of Council in opposition to the request to rezone.  She said that there are no sidewalks and cars almost park in the ditch on Westbury Drive.  She added that there is also bad sight distance in the area.  She requested that the City of Columbia widen the road to decrease danger.

Mr. Bill Manley, Abigdon Road Resident, appeared before the members of Council in opposition to the request.  He said that that there are no sidewalks or gutters on Sunset Drive.  He asked how much longer would the City continue to impact Sunset without any enhancements to the road.

Ms. Bonnie Horne, 515 Sunset Drive, appeared before the members of Council in opposition to the request to the density of the area.  She stated that the layout of the homes and driveways indicates that there is a problem with this project.  She said trees would have to be removed to construct these homes.

Ms. Virginia Bedford, Earlewood Neighborhood Association President, appeared before the members of Council in support of the request to rezone.  She said that the original proposal was to develop three (3) one-story homes with vinyl or hardi-plank siding and front-loading garages on this property.  She further explained that the Neighborhood Association’s Executive Council developed a compromise by requesting that the developer build four (4) two-story homes instead.  Ms. Bedford said that the footprint of the two-story homes is less than the footprint of the one-story homes.  She agreed that there is a terrible traffic problem on Sunset Drive.

There was a consensus of Council to defer first reading approval to allow Councilman Sam Davis and Councilwoman Tameika Isaac Devine time to meet with the residents and the developer to address the concerns presented before City Council.

MAP AMENDMENTS / REZONING – PUBLIC HEARING ONLY

Ms. Krista Hampton, Historic Preservation Planner, appeared before the members of Council to elaborate on Items 11a.,b. and c.  She noted that these items were being presented for a Public Hearing only and that a vote should not be taken today. She said that this is a result of a request from the Waverly Neighborhood Improvement and Protection Association from September 2003. Ms. Hampton said that neighborhood meetings were conducted and all property owners were notified.  The boundaries for this protection area are Taylor Street, Millwood Avenue, Harden Street and Gervais Street.  She said that this also includes an amendment to the Ordinance to regulate setbacks within this historic district.

Ms. Doris Hilderbrand, Waverly Neighborhood Protection and Improvement Area President thanked Ms. Krista Hampton for working with the Waverly Community on establishing the preservation district.  She stated that they like what they are doing.

Ms. Lindsay Gerts, informed the members of Council that the Waverly Community is listed in the National Register of Historic Places. She added that this is the only African American community in South Carolina with this designation.  Ms. Gerts stated that they need this protection because structures have been lost in the past.

11a. Establish Waverly Design Preservation Overlay – Protection Area, the area of the city generally bound by Harden Street, Gervais Street, Millwood Avenue, and Taylor Street and to be identified as Waverly Protection Area and further identified on tax maps: TMS# 11410-01-1 through 29; 11410-02-1 though 7, 9, 10 and 14 through 22; 11411-01-1 through 3, 7, 8, and 11 through 19; 11411-15-1 through 16; 11511-16-1 through 20; 11411-17-1 through 15; 11406-05-1 through 20; 11406-06-1 through 6 and 8 through 13; 11406-07-1 through 24; 11406-08-1 through 20 and 23 through 29; 11407-07-1 through 3; 11407-08-1 through 6; 11407-09-2; 11407-13-1 through 7, 10, 11, 13, 18 through 20, and 22 through 26; 11407-14-1, 3 through 20, 22, 23; 11407-15-1, 3 through 10; 11407-16-1 through 13.  Also shown on map attached to ordinance.  Add –DP (Design Preservation) overlay zone to this district.  This overlay is the application of a Protection Area as provided by Article V (Historic Preservation and Architectural Review) of Chapter 17 (Planning, Land Development, and Zoning) of the City of Columbia Code of Ordinances.
 
 This item was scheduled for a Public Hearing only.

TEXT AMENDMENTS – PUBLIC HEARING ONLY

11b. Amend Chapter 17, Article V, Division 3.  Landmarks and Design Protection District, Section 17-681 Districts Identified, (C) Protection Area: Add:  The area of the city generally bound by Harden Street, Gervais Street, Millwood Avenue, and Taylor Street and to be identified as Waverly Protection Area and further identified on tax maps: TMS# 11410-01-1 through 29; 11410-02-1 though 7, 9, 10 and 14 through 22; 11411-01-1 through 3, 7, 8, and 11 through 19; 11411-15-1 through 16; 11511-16-1 through 20; 11411-17-1 through 15; 11406-05-1 through 20; 11406-06-1 through 6 and 8 through 13; 11406-07-1 through 24; 11406-08-1 through 20 and 23 through 29; 11407-07-1 through 3; 11407-08-1 through 6; 11407-09-2; 11407-13-1 through 7, 10, 11, 13, 18 through 20, and 22 through 26; 11407-14-1, 3 through 20, 22, 23; 11407-15-1, 3 through 10; 11407-16-1 through 13.
 
 This item was scheduled for a Public Hearing only.

11c. Amend Chapter 17, Article III, Division 9.  Supplementary District Regulations, Section 17-309 DP: Add:  (d) Supplemental district regulations:  (1) Front yard setbacks: There shall be no required front yard setback in –DP districts; the maximum setback for any new structure shall be no more than five (5) feet behind the average of the existing setback in the block upon which the project is to be constructed and the adjacent blocks.
 
 This item was scheduled for a Public Hearing only.

· City Council adjourned the Zoning Public Hearing at 11:42 a.m.

CONSENT AGENDA

CONSIDERATION OF BIDS & AGREEMENTS

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Consent Agenda Items 12. through 15. as presented.

12.  Council is asked to approve the Purchase of Twenty (20) each Body Armor Vests, as requested by the Police Department.  Award to Wright-Johnston, using the S.C. State Contract, in the amount of $12,453.00.  This vendor is located within Columbia city limits. - Approved

13.  Council is asked to approve the Purchase of Two (2) Gravely Lawn Movers, as requested by the Parks & Recreation Department.  Award to Catoes, Inc. the low bidder, in the amount of $17,220.00.  This vendor is located in Columbia.  - Approved

14.  Council is asked to approve the Purchase of an 800 Horsepower Motor, as requested by the Lake Murray Water Plant.  Award to Electric Motor & Repair, the low bidder, in the amount of $65,536.80.  This vendor is located in West Columbia, SC.  - Approved

ORDINANCES – SECOND READING

15.  Ordinance No.: 2005-003 – Repealing Ordinance 88-30 – Approved on second reading.

CONSIDERATION OF BIDS, AGREEMENTS & CHANGE ORDERS

Upon motion by Mr. Osborne, seconded by Mr. Rickenmann, Council voted unanimously to approve on a single motion Bids, Agreements and Change Order Items 16. through 18.  Mr. Cromartie was not present for the vote.

16.  Council is asked to approve Change Order #3 for CIP SS 819 Phase IIB - Five Points / Rocky Branch, as requested by Construction Management.  Award to Trussell Bros. Construction, in the amount of $75,860.00.  This firm is located in Columbia, SC. - Approved

17.  Council is asked to approve the Purchase of an Inventory / Work Order Management System, as requested by Public Works and Public Utilities.  Award the software purchase to Data Stream of Greenville, SC in the amount of $84,000.00 and the hardware purchase to Dell Marketing of Atlanta, GA in the amount of $15,093.05 for a total amount of $99,096.05.  - Approved

18.  Council is asked to approve the Purchase of Twenty Three (23) Vehicles, as requested by Various Departments and Divisions.  Award to Vic Bailey Ford of Spartanburg, SC; Herndon Chevrolet of Lexington, SC; and Pulliam Motor Co., of Columbia, SC in the total amount of $422,086.35 using the S.C. State Vehicle Contract.  - Approved

Vehicle Type Department Vendor Funding Source Cost
Full size Patrol Cars (9) Police Dept. Vic Bailey Ford 1012403-658500 $183,996.00
Chevy Tahoe (1) Fire Dept. Herndon Chevrolet 1012304-658500 $25,388.46
2005 Ford Ranger (1) Public Utilities Pulliam Motors 5516206-658500 $10,631.19
Intermediate Patrol Cars (11) Police Dept. Herndon Chevrolet 1012403-658500 $184,852.80
Intermediate Patrol Car (1) Police Dept. Herndon Chevrolet 1012403-658500 $17,217.90

ORDINANCES – FIRST READING

19. Ordinance No.: 2005-006 – Closing a Portion of the Right-of-Way for Drayton Street; Richland County TMS# 09109; North Main Street Streetscape Project; CF# 250-169

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading Ordinance No.: 2005-006 – Closing a Portion of the Right-of-Way for Drayton Street; Richland County TMS# 09109; North Main Street Streetscape Project; CF# 250-169.  Mr. Cromartie was not present for the vote.

OTHER MATTERS

 20. Council is asked to approve a Professional Services Agreement between the City of Columbia and Mary Skinner-Jones doing business as Skinner & Associates to develop and conduct a fund raising campaign for the City’s Parks and Recreation Department for the construction and furnishing of the Charles R. Drew Wellness Center.

 This item was discussed in Executive Session Discussion only.  No action was taken.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL    

Mrs. Lela Metts, Farrow Road Resident, appeared before the members of Council to discuss the actions of the City’s Inspections Department.  She stated that she has been harassed for the past 17 months about the condition of her home.  She described how some valuable belongings were removed from her property by the Inspections Department.

· City Council adjourned the meeting to reconvene the Work Session at 11:56 a.m.

Respectfully submitted by:
Erika D. Moore
City Clerk