CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, MAY 11, 2005
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council conducted a Zoning Public Hearing on Wednesday, May 11, 2005, in the City Council Chambers at 1737 Main Street, Columbia, South Carolina.  The Honorable Mayor Robert D. Coble called the meeting to order at 10:00 a.m.  The following City 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. Salley, City Clerk.

APPROVAL OF MINUTES

1.  Minutes of May 4, 2005

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve the Minutes of May 4, 2005 as presented.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Consent Agenda Items 2. through 11. as presented.

STREET CLOSINGS

2.  Council is asked to approve a request from the Carolina Coliseum to close Park Street between College Street and Blossom Street to include Devine Street and Greene Street on May 20, 2005 until June 2, 2005 for multiple Graduations and Dance Recitals as listed below.  Contact:  Inspector JT, Wright, USCPD – Approved subject to the University Police being responsible for traffic control and coordinating the length of time the streets will be closed as necessary to accommodate the recitals and graduations.  Due to the large number of people congregating in this area for the events, it is recommended that barricades be placed as follows:
· Four (4) barricades at the intersection of Park Street and Greene Street
· Five (5) barricades at the intersection of Park Street and Devine Street
· Six (6) barricades at the intersection of Park Street and Blossom Street
· Four (4) barricades at the intersection of Park Street and College Street
 
ORDINANCES – SECOND READING

3.  Ordinance No.: 2005-019 – Annexing Parcel at Montgomery Avenue and Suber Street Richland County TMS# 13708-09-01First reading approval was given on May 4, 2005. – Approved on second reading.
 
4.  Ordinance No.: 2005-020 – Annexing 0.13 acres, Suber Street at Eureka Street Richland County TMS# 13708-09-22 (portion) First reading approval was given on May 4, 2005. – Approved on second reading.

5.  Ordinance No.: 2005-041 – Annexing 2314 Newell Road, Richland County TMS# 19208-02-12 First reading approval was given on May 4, 2005. – Approved on second reading.

6.  Ordinance No.: 2005-043 – Annexing 7236 Broad River Road, Richland County TMS# 05004-02-13 First reading approval was given on May 4, 2005. – Approved on second reading.

7.  Ordinance No.: 2005-044 – Annexing 2310 Newell Road, Richland County TMS# 19208-02-11 First reading approval was given on May 4, 2005. – Approved on second reading.
 
8.  Ordinance No.: 2005-045 – Annexing Lots 15, 16 and 17, Pine Knoll Subdivision, Wynn Way, Richland County TMS# 06202-01-02; 06202-01-03 and 06202-01-04 First reading approval was given on May 4, 2005. – Approved on second reading.

9.  Ordinance No.: 2005-046 – Annexing 2137 Apple Valley Road, Richland County TMS# 07502-01-06 First reading approval was given on May 4, 2005. – Approved on second reading.

10.  Ordinance No.: 2005-048 – Approval for Closing a Portion of the Right-of-Way for Rhett Avenue and Conveyance by Quit Claim Deeds to the South Carolina Department of Transportation and W. B. Thomasson Heating Co., Inc.; Richland County TMS#11604; North Main Street Streetscape Project; CF#250-169 and CF#251-64 First reading approval was given on May 4, 2005. – Approved on second reading.

11.  Ordinance No.: 2005-049 – Authorizing execution of a Lease Agreement and Memorandum of Lease between the City of Columbia and Capitol Places III, LLC for a 0.15 acre tract near Main Street and Taylor Street First reading approval was given on May 4, 2005. – Approved on second reading.

ZONING PUBLIC HEARING

Upon motion by Ms. Sinclair, seconded by Ms. Devine, Council voted unanimously to give first reading approval on a single motion to Zoning Confirmation Items 12. through 16. as presented.  Mr. Rickenmann was not present for the vote.

CONFIRM ZONING OF PREVIOUSLY ANNEXED PROPERTIES – FIRST READING
 
12.  225, 229, and 233 Wynn Way (Lots15, 16, 17 Pine Knoll Subdivision), TMS# 06202-01-02, 03, and 04; this property is zoned RG-2. – Approved on first reading.

13.  2137 Apple Valley Road, TMS# 07502-01-06; this property is zoned RG-1. – Approved on first reading.

14.  7236 Broad River Road, TMS# 05004-02-13; this property is zoned C-3. – Approved on first reading.

15.  2310 Newell Road, TMS# 19208-02-11; this property is zoned RS-2. – Approved on first reading.

16. 2314 Newell Road, TMS# 19208-02-12; this property is zoned RS-2. – Approved on first reading.

ANNEXATIONS WITH MAP AMENDMENT / REZONING – FIRST READING

17. +/- 1.16 acres, Lykes Lane, TMS# 05008-01-09 and 10; rezone from D-1 to C-3.

Ordinance No.: 2005-029 – Annexing 1.16 +/- acres. Lykes Lane, Richland County TMS# 05008-01-09 and 05008-01-10

Upon motion by Mr. Davis, seconded by Mr. Cromartie, Council voted unanimously to give first reading approval on a single motion to a Map Amendment and Rezoning of +/- 1.16 acres, Lykes Lane, TMS# 05008-01-09 and 10; rezone from D-1 to C-3 and Ordinance No.: 2005-029 – Annexing 1.16 +/- acres. Lykes Lane, Richland County TMS# 05008-01-09 and 05008-01-10

18. 506 and 510 Alcott Road (May Heavy Equipment), TMS# 11703-01-05 and 06; rezone from D-1 to M-1.  This property is currently under consideration for annexation.

Ordinance No.: 2005-028 – Annexing 506 and 510 Alcott Drive, Richland County TMS# 11703-01-05 and 11703-01-06

Upon motion by Mr. Davis, seconded by Mr. Osborne, Council voted unanimously to give first reading approval on a single motion to a Map Amendment and the Rezoning of 506 and 510 Alcott Road (May Heavy Equipment), TMS# 11703-01-05 and 06; rezone from D-1 to M-1 and Ordinance No.: 2005-028 – Annexing 506 and 510 Alcott Drive, Richland County TMS# 11703-01-05 and 11703-01-06.

MAP AMENDMENTS / REZONING – FIRST READING

19. +/- 11.9 acres on Roberts Street (Eau Claire Place), TMS# 11607-14-01 and 11603-11-03; rezone from RG-1 to PUD-R.

Upon motion by Mr. Davis, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to a Map Amendment and the Rezoning of +/- 11.9 acres on Roberts Street (Eau Claire Place), TMS# 11607-14-01 and 11603-11-03; rezone from RG-1 to PUD-R subject to the applicant working with staff and removing up to two (2) lots to preserve grand trees

20. 400 block of Park Street (USC Thurmond Wellness Center fields), TMS# 11302-13-04 (p), 08914-07-10, 11, and 13; rezone from M-2 and C-1 to C-3.

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to a Map Amendment and the Rezoning of the 400 block of Park Street (USC Thurmond Wellness Center fields), TMS# 11302-13-04 (p), 08914-07-10, 11, and 13; rezone from M-2 and C-1 to C-3.

21. 2700 Block Millwood Avenue (Shandon Square), TMS# 11413-05-02; rezone from C-1 -DP, C-3, and C-3 -DP to PUD-R and PUD-R -DP.

Upon motion by Mr. Rickenmann, seconded by Ms. Sinclair, Council voted unanimously to give first reading approval to a Map Amendment and the Rezoning of 2700 Block Millwood Avenue (Shandon Square), TMS# 11413-05-02; rezone from C-1 -DP, C-3, and C-3 -DP to PUD-R and PUD-R –DP, provided that (1) the ingress/egress running along the east side of the subject property from Cypress Street to Millwood Avenue need not be within a dedicated ROW -- an ingress/egress easement is acceptable -- but it shall be designed to City street specifications; (2) the height of buildings along Woodrow Street shall not exceed 3 stories; (3) the height of the clock tower/cell tower shall not exceed 120 feet; (4) density permits up to 26 dwelling units and 7 live/work units; and (5) pervious surfaces are permitted within the development.

22. 709 Woodrow Street (“Private P.O.”), TMS# 11316-14-6; rezone from C-1 to PUD-C.

Upon motion by Ms. Sinclair, seconded by Mr. Osborne, Council voted unanimously to give first reading approval to 709 Woodrow Street (“Private P.O.”), TMS# 11316-14-6; rezone from C-1 to PUD-C subject to conformance with the descriptive statement dated 3/7/05 and amended to limit displays to no more than three (3) and to strike language regarding “garish”.

23. 1807 Greene Street (Averyt Place), TMS# 11308-03-13, 14, and 15; rezone from RD, -DP to PUD-R, -DP.

Mr. Brian Boyer, Representing Gibbes Greene, LLC, stated that they went through two (2) Design Development Review Commission hearings to resolve any issues.  He said that city staff measured the setbacks along Greene Street and then the request was revised to 16.11 feet.

Mr. Raj Aluri, Greene Street Property Owner, stated that the average setback is unclear with the lowest being 20.5 feet from the sidewalk.  He said that setbacks should be consistent throughout the block. He asked if they could move back since there is a 3-feet setback in the rear.

Mr. Brian Boyer, Representing Gibbes Greene, LLC, stated that they would kill specimen trees on the adjacent property if they moved closer than 3 feet.

Upon motion by Ms. Sinclair, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to a Map Amendment and the Rezoning of 1807 Greene Street (Averyt Place), TMS# 11308-03-13, 14, and 15; rezone from RD, -DP to PUD-R, -DP subject to (1) the setback along Greene Street is approximately 16.2 feet measured from the back of the sidewalk to the principal vertical element of the front porches, not to the steps of the porches; (2) the location/configuration of the driveway is altered to minimize impact to the existing street tree shown within Site Picture B; and (3) the landscape plan is amended to provide greater species diversification.

24. 3207 Heyward Street, 120 Walker Street, and +/- .09 acre adjacent lot, TMS# 13802-09-14, 15, and 16; rezone from RS-2 to RG-1.

Mr. Don Jordan, Applicant, presented a substitute proposal to the members of Council.  He stated that the new proposal should resolve the noted concerns. He added that he couldn’t accept staff recommendations because it would take away his flexibility in the landlocked parcel. Mr. Jordan noted that his intention is to never build.  He said that he purchased the home at 120 Walker Street just to save the driveway.  He explained that his new plan is to omit 120 Walker Street from the proposal.  He said that he doesn’t want to split the 3207 Heyward Street parcel, but he wants to rezone the property to RG-1.

Mr. Marc Mylott, Director of Development Services, stated that if only the bottom is rezoned, there are no guarantees that he won’t split the lot.  He recommended that the property be rezoned under a Planned Unit Development (PUD) so City Council and the neighborhood association can approve the intent of the development.

Ms. Jo Ann Morton, 3219 Heyward Street, said that the neighbors are concerned about what would happen with this property in the future.  She added that the property should remain as is and that the landlocked parcel should be added to the conforming lot.  She expressed concerns about parking and trees.

The applicant withdrew this request.

TEXT AMENDMENTS – FIRST READING

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to give first reading approval on a single motion to Text Amendment Items 25. through 27. as presented.

25.  Ordinance No.: 2005-037 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article I, In General, to add Sec. 17-1, Definitions, Sec. 17-2, Establishment and conditions of vested rights, and Sec. 17-3, Conflicting provisions – Approved on first reading.

  Ordinance No.: 2005-038 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article IV, Subdivisions, Division 2, Plat Approval, Sec. 17-492, Procedures and plan requirements, (2) Sketch plan requirements (c) – Approved on a first reading.

26. Ordinance No.: 2005-039 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, --Article IV, Subdivisions, Division 3, Minimum Design Standards, Sec. 17-511, Variances – Approved on first reading.

27.  Ordinance No.: 2005-040 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article IV, Subdivisions, Division 1, Generally, Sec. 17-466, Violations; penalty – Approved on first reading.

RESOLUTION

28. Resolution No.: R-2005-018 – Authorizing street closing for Carolina Classic Car Show

Upon motion by Mr. Davis, seconded by Ms. Devine, Council voted unanimously to approve Resolution No.: R-2005-018 – Authorizing street closing for Carolina Classic Car Show.

OTHER MATTERS

29. Appeal Hearing for Denial of a Chauffeurs License  – Mr. James Jackson

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve a Chauffeurs License for Mr. James Jackson subject to Mr. Jackson submitting to a random drug test as deemed necessary by the Columbia Police Chief for a one (1) year period.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

No one appeared at this time.

· City Council adjourned the meeting at 10:49 a.m. to break prior to reconvening the Work Session.

Respectfully submitted by:
Erika D. Salley
City Clerk