CITY OF COLUMBIA
CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, JULY 14, 2004
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for a Zoning Public Hearing on Wednesday, July 14, 2004, 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.  Council members present were The Honorable E. W. Cromartie, II, The Honorable Sam Davis, The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  Absent were The Honorable Anne M. Sinclair and The Honorable Hamilton Osborne, Jr.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Moore, City Clerk.

APPROVAL OF MINUTES
 
1. Minutes of June 2, 9, 16 and 23, 2004

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Minutes of June 2, 9, 16 and 23, 2004 as presented.

ZONING PUBLIC HEARING

· Mayor Coble opened the Zoning Public Hearing at 10:05 a.m.

  ANNEXATION WITH REZONING – FIRST READING

2. 409 LOST CREEK DRIVE (LOST CREEK PLANTATION), TMS#05115-01-10; annex and rezone from RU to RS-1.

Ordinance No.: 2004-060 – Annexing 409 Lost Creek Drive (lot19, Lost Creek Plantation), Richland County TMS# 05100-03-89 (portion)

Upon motion by Mr. Davis, seconded by Ms. Devine, Council voted unanimously to approve on first reading the Rezoning of 409 Lost Creek Drive, TMS# 05115-01-10 and Ordinance No.: 2004-060 – Annexing 409 Lost Creek Drive (lot19, Lost Creek Plantation), Richland County TMS# 05100-03-89 (portion).

3. 411 LOST CREEK DRIVE (LOST CREEK PLANTATION), TMS#05115-01-11; annex and rezone from RU to RS-1.

Ordinance No.: 2004-061 – Annexing 411 Lost Creek Drive (lot19, Lost Creek Plantation), Richland County TMS# 05100-03-89 (portion)

Upon motion by Mr. Davis, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the Rezoning of 411 Lost Creek Drive, TMS# 05115-01-11 and Ordinance No.: 2004-061 – Annexing 411 Lost Creek Drive (lot19, Lost Creek Plantation), Richland County TMS# 05100-03-89 (portion).

4. 20.8 ACRES, I-20 AT CLEMSON ROAD (REGENCY PARK), TMS#25603-01-01(p); annex and rezone from C-1 to RG-1.
 
Ordinance No.: 2004-050 – Annexing 20.8 acres N/S I-20 at Clemson Road, Richland County TMS# 25603-01-01

 The applicant withdrew the request for annexation with rezoning.

5. 17 + ACRES, CAUGHMAN ROAD AT HALLBROOK DRIVE, TMS#19100-02-01(p); annex property with RG-2 and rezone 4 acres fronting Caughman Road to C-2.

Ordinance No.: 2004-059 – Annexing 17 +/- acres, Caughman Road at Halllbrook Drive, Richland County TMS# 19100-02-01 (portion)

Mr. Wade McGuinn, McGuinn Construction Management, Inc., told the members of City Council that the development area was studied and two (2) neighborhood input meetings were conducted.  He said that they received lots of positive and negative feedback and their original proposal was changed to address all valid concerns.  He stated that the primary entrance was changed to face Hallbrook Drive instead of Caughman Elementary School and that some units were repositioned to save 50-60% of the existing trees.  Mr. McGuinn stated that there would be 45% additional green space under the proposed zoning.  He described some of the significant changes as follows:  added a park, gazebo and connecting sidewalk; saved trees; relocated signage; added brick to home fronts; and more.

Mr. Tony Mizzell, Richland County Council, told the members of Council that he received many messages from constituents regarding this development.  He stated that many were not opposed to the proposed development, but are opposed to the request to rezone to C-2.  He said that the residents would prefer that the parcel to remain as residential and to keep commercial zoning out.
 
Ms. Virginia Sanders, Strathaven Forest Resident and Sierra Club Organizer, appeared before the members of City Council in opposition to the request to rezone.  She stated that the community has fought for years to resist sprawl and growth.  Ms. Sanders referred to the proposed development as a Project Apartment Complex.  She argued that this development is not geared towards senior citizens, that the property would be clear-cut, and that this development would increase traffic congestion.

Mr. Kenny Faison, Prudential Realtor, appeared before the members of Council in opposition to the request to rezone.  He stated that the current traffic situation is deplorable and this development would create additional problems unless a traffic signal was installed and crossing guards are near the school.

Mayor Coble withdrew the motion to deny the request to rezone 17 + acres, Caughman Road at Hallbrook Drive, TMS#19100-02-01(p) and Ordinance No.: 2004-059 – Annexing 17 +/- acres, Caughman Road at Halllbrook Drive, Richland County TMS# 19100-02-01 (portion) was withdrawn.

 The applicant withdrew the request for annexation with rezoning.

TEXT AMENDMENT – FIRST READING

6. Ordinance No.: 2004-057 – Amending 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 9, Supplementary District Regulations, Sec. 17-315, -FS freeway sign overlay district

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading Ordinance No.: 2004-057 – Amending 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 9, Supplementary District Regulations, Sec. 17-315, -FS freeway sign overlay district.

REZONING – FIRST READING

 7. NEWLAND ROAD ADJACENT TO I-20 (BILLBOARD AT CAPITAL CHEVROLET), TMS#25600-03-02; rezone from C-3 to C-3, FS.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading the Rezoning of Newland Road adjacent to Interstate 20 (Billboard at Capital Chevrolet), TMS# 25600-03-02; rezone from C-3 to C-3, FS.

8. FOUNTAIN LAKE WAY (CLIF KINDER, EAST LAKE PHASE V), TMS#16310-01-04; 16310-01-02(p); 16311-02-05; rezoned from PUD-R to amended PUD-R. PRESTON GREEN (THE MUNGO COMPANY), South Side of Atlas Road, TMS# 16311-02-02, with option of 16311-02-05(p), and 16310-01-20(p); rezone from PUD-R to amended PUD-R, FP.

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the Rezoning of Fountain Lake Way (Cliff Kinder, East Lake Phase V), TMS# 16310-01-0; 16310-01-02 (p); 16311-02-05; rezoned from PUD-R to amended PUD-R and Preston Green (The Mungo Company), South Side of Atlas Road, TMS# 16311-02-02, with option of 16311-02-05(p), and 16310-01-20(p); rezone from PUD-R to amended PUD-R, FP.

9. 4540 TRENHOLM ROAD (JEWISH COMMUNITY CENTER), TMS#13914-01-08; rezone from PUD-R to amended PUD-R.

Mr. George Lee, Representative for the Applicant, told the members of Council that the Jewish Community Center would be relocated on Rabon Road.  He stated that his client is purchasing this property and would tailor the existing PUD to meet their needs.  He explained that the facility would be owner occupied with limited office hours.  Mr. Lee indicated that community input meetings were conducted.

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the rezoning of 4540 Trenholm Road (Jewish Community Center), TMS#13914-01-08; rezone from PUD-R to amended PUD-R subject to any exterior lighting being directed away from residential properties and the second office building is limited to no more than 5,000 square feet.

10. 301 AND 305 WILKES ROAD (DR. REID), TMS#14203-04-14 and 15; rezone from RS-2 to PUD-C.

Upon motion by Mr. Davis, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the Rezoning of 301 and 305 Wilkes Road (Dr. Reid), TMS# 14203-04-14 and 15; rezone from RS-2 to PUD-C, provided that the use at 301 Wilkes Road shall either be single-family residential or medical office only.

11. 501 S. BULL STREET (C.H.A. ROSEWOOD HILLS), TMS#11212-01-01, 11212-02-01; rezone from RG-2 to PUD-R.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading the Rezoning of 501 S. Bull Street (Columbia Housing Authority Rosewood Hills), TMS#11212-01-01, 11212-02-01; rezone from RG-2 to PUD-R, provided that City Council address maintenance of the proposed street trees.

12. 1125 POPE STREET, TMS#09109-10-23; rezone from RS-3 to C-1.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading the Rezoning of 1125 Pope Street, TMS#09109-10-23; rezone from RS-3 to C-1.

13. 342 S. PICKENS STREET (DIPRATOS RESTAURANT), TMS#11307-18-01 and 04; rezone from PUD-C to amended PUD-C.

Ms. Dianne Light, Applicant, presented letters of support from various organizations and businesses.

Mr. Manson Greer, 1724 Rice Street, appeared before the members of Council in opposition to the request to rezone.  He stated that the restaurant should close no later than 9:00 p.m. to avoid further traffic concerns.  He offered to compromise by extending the hour of operation during the summer and closing earlier during winter months.

Ms. Dianne Light, Applicant, told the members of Council that most residents don’t arrive until late due to their work schedules and that they would not want to rush customers out because they have to close at 8:00 p.m.  She stated that this would remain as a deli and that once the parking lot is complete, the property won’t look so congested.

Ms. Karen Carlos, 1520 Rice Street Apartment 13-B, appeared before the members of Council in opposition to the request to rezone.  She stated that this business creates too much traffic and that she is concerned about the safety of the school children getting off the bus.

Ms. Pamela Cox, 1520 Rice Street Apartment 9-D, appeared before the members of Council in opposition to the request to rezone due to her concerns with loud music, drunks and loitering.

Attorney Thomas Mosley, appeared before the members of Council to seek a solution to this matter.  He stated that the residents of Wheeler Hill are often overlooked.  Mr. Mosley stated that he does not oppose the advancement of a private enterprise.

Ms. Rosemary Bisacrdi, Resident, appeared before the members of Council in support of the request to rezone.  She stated that this restaurant has improved the look of the neighborhood and she wished it remained open later in the evenings.  She agreed that there should not be loud outdoor music.

Mr. Jim Stuckey, referred to the music at Dipartos as a mute issue.  He stated that the traffic creates the noise.  He asked what would happen if the next tenant wanted to operate with extended business hours.

Ms. Julie McElveen, appeared before the members of Council in support of the request to rezone.  She stated that Dipratos has increased the property value and that they enjoy going there.  Ms. McElveen said that she supports Dipratos’ request for extended hours because they are good neighbors.

Ms. Gail Waddell, Wheeler Hill Resident, appeared before the members of Council in support of the request to rezone.  She stated that trains don’t quit making noise at eight o’clock.  She said that she has never heard music coming from Dipratos.
Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the Rezoning of 342 S. Pickens Street (Dipratos Restaurant), TMS#11307-18-01 and 04; rezone from PUD-C to amended PUD-C, subject to the off-street parking area being limited to Phase I and II only.  The applicant and all interested parties were asked to schedule a compromise meeting regarding the concerns that were presented today.  Second reading approval is scheduled for August 4, 2004.

TEXT AMENDMENTS – FIRST READING

14. Ordinance No.: 2004-058 – Amending 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 3, Board of Zoning Appeals, Sec. 17-112, Powers and duties

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading Ordinance No.: 2004-058 – Amending 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 3, Board of Zoning Appeals, Sec. 17-112, Powers and duties.

15. Ordinance No.: 2004-065 - Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning Division 8, District Descriptions; Use and Dimensional Regulations, Sec. 17-283, Communication Towers

Mr. Jonathan Yates, Cingular Wireless Representative, appeared before the members of Council in opposition to the proposed text amendment.  He stated that the proposed setbacks for monopoles are too large and won’t work.  He said that the cell towers are a part of life.  He asked the members of Council to defer the vote today.  Mr. Yates said that the setback should equal the height of the tower itself.

Mr. Gary Pennington, Verizon Wireless Representative, stated that the setback is too large, but he also excited about the new technology they can offer.

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted unanimously to approve on first reading Ordinance No.: 2004-065 - Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning Division 8, District Descriptions; Use and Dimensional Regulations, Sec. 17-283, Communication Towers.

· Mayor Coble closed the Zoning Public Hearing at 11:45 a.m.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Ms. Andrea Cooper, Sherlock Holmes Pub Owner, told the members of Council that her business has been closed for the past three (3) weeks due to the Main Street construction and the issue with the beams that support the sidewalks.  She said that they have been working with Chao & Associates and the Project Manager to resolve this issue.  Ms. Cooper stated that her fifteen (15) employees are now out of work.  She asked what would happen if the building owner didn’t pay for the repairs.

Mr. Billy Way, Grubbs Ellis Wilson Kibler / Representative for the Sherlock Holmes Building Owner, asked the members of Council to consider the fact that the sidewalk surfaces have been leaking since the 1950’s and that this situation is a little different from the others.  He said that his client is trying to work this out.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Consent Agenda Items 16. through 28. as presented.

STREET CLOSINGS

16.  Council is asked to approve a request from the Deliverance Cathedral Sounds of Praise to close Gregg Street between Richland Street and Calhoun Street, on Saturday, July 31, 2004 from 12:00 p.m. until 4:00 p.m. for a Community Summer Gospel Fest 2004.  Contact: First Lady Kym Baxter - Approved
 
17.  Council is asked to approve a request to close McDuffie Avenue between Youman Street and Washington Street on Saturday, July 24, 2004 from 4:00 p.m. until 9:30 p.m. for a Back to School Event.  Contact: Mr. Cornell Morris - Approved

CONSIDERATION OF BIDS & AGREEMENTS

18. Council is asked to approve Lawn Maintenance Services, as requested by the Metro Wastewater Plant and the Sewer Lift Stations for fiscal year 2004/2005.  Award to Nature Chem, the low bidder, in the amount of $49,500.00.  This firm is located in Lexington, SC. - Approved

19. Council is asked to approve Project #SD254-1/2; 3319 Park Street Storm Drainage Construction, as requested by Engineering.  Award to Ideal Construction, the low bidder, in the amount of $61,706.00.  This firm is located in White Rock, SC. - Approved

CONSIDERATION OF BIDS, AGREEMENTS & CHANGE ORDERS

20.  Council is asked to approve Project #SS912 Elimination of Murraywood Court Lift Station, as requested by Engineering.  Award to Holzheimer Construction, the low bidder, in the amount of $77,200.00.  This firm is located in Lexington, SC. - Approved

21.  Council is asked to approve a Contract for Hauling Grit and Sludge, as requested by the Wastewater Treatment Plant.  Award to Waste Management, the only bidder, in the amount of $103,382.00.  This firm is located in Elgin, SC. - Approved

22.  Council is asked to approve the Installation of Two (2) 2” PVC Conduits around four (4) legs of each intersection on Sumter Street from Calhoun Street to Lady Street, as requested by Traffic Engineering.  Award to Gaskins Construction, Inc., the low bidder, in the amount of $115,000.00.  This firm is located in Aiken, SC. - Approved

23.  Council is asked to approve Project #W768-6/7; Proposed 8” Water Main Crossing Gills Creek, as requested by Engineering.  Award to D. S. Utilities, the low bidder, in the amount of $141,808.50.  This firm is located in Little Mountain, SC. - Approved

24.  Council is asked to approve a Contract for Hauling Ash, Grit and Sludge for fiscal year 2003/2004, as requested by the Wastewater Treatment Plant.  Award to Waste Management, the only bidder, in the amount of $166,561.08.  This firm is located in Elgin, SC. - Approved

25.  Council is asked to approve an Agreement for Professional Services for Providing Renovation, Painting and Preventive Maintenance Services for the City’s Wales Garden Water Storage Facility, as requested by Engineering.  Award to Municipal Tank Coating and Sandblasting, in the amount of $303,700.00.  This firm is located in Hamlet, NC. - Approved

26.  Council is asked to approve the Purchase of Chemicals for fiscal year 2004/2005, as requested by the Metro Wastewater Treatment Plant.  Award to the low bidder of each lot as outlined below for a total amount of $332,458.50. - Approved

27.  Council is asked to approve the Purchase of Water Meters for fiscal year 2004/2005, as requested by Water Distribution.  Award to the low bidder of each lot as outlined below for a total amount of $474,153.75. - Approved

28.  Council is asked to approve the Purchase of Chemicals for fiscal year 2004/2005, as requested by the Columbia Canal and Lake Murray Water Plants.  Award to the low bidder of each lot as outlined below for a total amount of $1,295,860.55. - Approved

ORDINANCES – FIRST READING

Upon motion by Ms. Devine, seconded by Mayor Coble, Council voted unanimously to give first reading approval on a single motion to Items 29. through A. as presented.

29.  Ordinance No.: 2004-053 – Authorizing conveyance of a 1.2 acres known as Parcel “A” Columbia Industrial Park, Richland County TMS# 13512-04-01 (portion) – Approved on first reading.

30.  Ordinance No.: 2004-066 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 8, District Descriptions; Use and Dimensional Regulations, Sec. 17-258, Table of permitted uses, Division E, Transportation, Communication, Electric, Gas and Sanitary Services, SIC 48 Communication to add 485, Wireless communication facilities – Approved on first reading.

31.  Ordinance No.: 2004-067 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 9, Supplementary District Regulations, Sec. 17-311, -DD design / development area – Approved on first reading.

A.  Ordinance No.: 2004-068 – Granting an easement to Time Warner Cable Company along a portion of City property identified as Lorick Park; Richland County TMS# 11602-16-01; CF# 250-185 – Approved on first reading.

RESOLUTIONS

Upon motion by Ms. Devine, seconded by Mr. Cromartie, Council voted unanimously to approve on a single motion Items B. through D. as presented.

B.  Resolution No.: R-2004-033 – Relating to the Declaration of Intent by the City of Columbia, South Carolina, to Reimburse Certain Expenditures Prior to the Issuance by the City of its Parking Facilities Revenue Bonds - Approved

C.  Resolution No.: R-2004-034 – Relating to the Declaration of Intent by the City of Columbia, South Carolina, to Reimburse Certain Expenditures Prior to the Issuance by the City of Certificates of Participation - Approved

D.  Resolution No.: R-2004-035 – Authorizing Sidewalk Sales for Granger Owings, Inc. at 1333 Main Street - Approved

OTHER MATTERS

E. Council is asked to Authorize Payment to Wilbur Smith & Associates in the amount of $118,975.00 for work performed to date on the Convention Center Garage Design, as requested by General Services.

Upon motion by Ms. Devine, seconded by Mr. Cromartie, Council voted unanimously to authorize payment to Wilbur Smith & Associates in the amount of $118,975.00 for work performed to date on the Convention Center Garage Design, as requested by General Services.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Mr. Bill Manley, 4000 Abingdon Road, complimented Mr. Marc Mylott, Zoning Administrator on a job well done during the Zoning Public Hearing.

· Council adjourned the meeting at 12:08 p.m. to convene the Executive Session Briefing.

Respectfully submitted by:
Erika D. Moore
City Clerk