CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, SEPTEMBER 8, 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, September 8, 2004 in the City Council Chambers, 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 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.

MOMENT OF SILENT MEDITATION

Mr. Charles P. Austin, Sr., City Manager led a moment of silent meditation and prayer in commemoration of the third anniversary of the 9-11 terrorists attacks.

PRESENTATIONS

 A. **2004 Parks & Recreation Sponsor Reception – Mr. Allison Baker, Assistant City Manager for Public Services

Mr. Allison Baker, Assistant City Manager for Public Services, invited the members of City Council to the 2004 Parks & Recreation Sponsor Reception on Thursday, September 30, 2004 at the Big Apple on Hampton Street.  He said that more than fifty sponsors supported various Parks & Recreation programs this year.

SIDEWALK VENDOR PUBLIC HEARING

· City Council convened the Sidewalk Vendor Public Hearing at 10:08 a.m.

  1.  Jonathan A. Berry along the northwest corner of Main Street and Washington Street
  The applicant withdrew the Application for Franchise Agreement.

· City Council adjourned the Sidewalk Vendor Public Hearing at 10:09 a.m.

ZONING PUBLIC HEARING

· City Council convened the Zoning Public Hearing at 10:09 a.m.

CONFIRM ZONING OF PREVIOUSLY ANNEXED PROPERTY – FIRST READING

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to give first reading approval on a single motion to Zoning Confirmation Items 2. through 8. as presented.  No one appeared in opposition to the Zoning Confirmation of these previously annexed properties.

2. 1001 KINLEY ROAD, TMS#05000-01-16; confirm C-3. -  Approved on first reading.

3. 3625 CLEMENT ROAD, 5.74 ACRES, TMS#09104-07-11; confirm C-3. -  Approved on first reading.

4. APPROXIMATELY 86.8 ACRES (HONEY TREE SUBDIVISION), bounded by northern portion of the 3300-3600 block of Padgett Road; also, bounded by the southern portion of the 3700-3800 block of Old Leesburg Road, TMS#22109-02-03 and 04, 22012-01-01; confirm RS-3. – Approved on first reading.

5. 315 S.  BELTLINE BOULEVARD, TMS#13805-05-24; confirm RG-2. – Approved on first reading.

6. 920 HEMLOCK DRIVE, TMS#11206-06-13; confirm M-1. – Approved on first reading.

7. 1009 BENDALE DRIVE AND 5554 FARROW ROAD, TMS#11612-04-01; confirm C-3. – Approved on first reading.

8. 5217 FAIRFIELD ROAD, TMS#11702-02-30; confirm RG-1. – Approved on first reading.

ANNEXATION WITH REZONING – FIRST READING

9. 36.43 ACRES, NORTH SIDE OF 800 THROUGH 1000 BLOCK OF PINEY GROVE ROAD, TMS#06200-01-06; annex and rezone from D-1 to RS-3. – Approved on first reading.

Ordinance No.: 2004-074 – Annexing 36 +/- acres, Piney Grove Road, Richland County TMS #06200-01-06 – Approved on first reading.

Mr. Greg Lane, Representative for the Mungo Company, presented a conceptual plan to the members of City Council.   He requested permission to annex the 36.43 acres into the City of Columbia and to rezone the property as RS-3.  He said that they plan to develop a garden home style / gated community with 30% common area, a park, a landscaped entrance way, a buffer along Piney Grove Road, walking trails and a picnic area.  He indicated that the cost of these homes would range between $115,000 and $150,000, comparable to Saluda Mill or Ivy Green Subdivisions.

Upon motion by Mr. Rickenmann, seconded by Mr. Cromartie, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 36.43 Acres, North Side of 800 through 1000 block of Piney Grove Road, Richland County TMS#06200-01-06; annex and rezone from D-1 to RS-3 and Ordinance No.: 2004-074 – Annexing 36 +/- acres, Piney Grove Road, Richland County TMS #06200-01-06.  No one appeared in opposition to the annexation with rezoning.

10. 6600 OLD DAVIDSON STREET, TMS#16505-02-03; annex and rezone from C-1 to RS-3. – Approved on first reading.

Ordinance No.: 2004-082 – Annexing 6600 Davidson Street, Richland County TMS# 16505-02-03. – Approved on first reading.

Upon motion by Mr. Cromartie, seconded by Mr. Osborne, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 6600 Old Davidson Street, Richland County TMS# 16505-02-03 and Ordinance No.: 2004-082 – Annexing 6600 Davidson Street, Richland County TMS# 16505-02-03.  No one appeared in opposition to the annexation with rezoning.

REZONING – FIRST READING

11. 1609 OGDEN STREET, TMS#11511-05-10; rezone from RG-1 to C-1.

Mr. Frank Mitchell, Licensed Real Estate Broker and Contractor, told the members of City Council that he met with the immediate neighbors and they support his request to rezone the residential property into commercial property.  He said that he met with Ms. Elise Martin, President of the Jones McDonald Community Club, but he did receive a letter of support.  Mr. Mitchell told the members of Council that he would not change the nature of the structure and that traffic would not increase.

Mr. John Furgess appeared before the members of City Council in opposition to the request.  He stated that the neighborhood association has not approved this request.  He told the members of Council that many residents are rehabilitating their homes and that the commercial zoning would not be compatible.

There was a consensus of Council to defer first reading consideration until September 22, 2004 to allow time for the City of Columbia to meet with the leaders of this community.

12. 501-03 BELTLINE BOULEVARD, TMS#13810-01-07; rezone from RS-2 to PUD-C. – Approved on first reading.

Mr. Don Rickenbaker, Certified Public Accountant, appeared before the members of City Council on behalf of an elderly resident of this area in question.  He requested additional information relating to this request.

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to give first reading approval on a single motion to the rezoning of Item 12. 501-03 Beltline Boulevard, TMS#13810-01-07; rezone from RS-2 to PUD-C and the rezoning of Item 13. the lot adjacent to 501-03 Beltline Boulevard, TMS#13810-01-06; rezone from RS-2 to PUD-C.  No one appeared in opposition to either of the requests to rezone.

13. LOT ADJACENT TO 501-03 BELTLINE BOULEVARD, TMS#13810-01-06; rezone from RS-2 to PUD-C. – Approved on first reading.

14. 1220,1228, AND 1242 HARDEN STREET, 2106-2112 AND 2114 LADY STREET, 2 THROUGH 10 BRAYTON ALLEY, 1 THROUGH 11 BRAYTON ALLEY, TMS#11406-08-01 and 02(p), 08(p) through 10, 12 through 14, 28 and 29; rezone from RG-2 and C-3 to C-1. – Approved on first reading.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on first reading the Rezoning of 1220,1228, and 1242 Harden Street, 2106-2112 and 2114 Lady Street, 2 through 10 Brayton Alley, 1 through 11 Brayton Alley, TMS#11406-08-01 and 02(p), 08(p) through 10, 12 through 14, 28 and 29; rezone from RG-2 and C-3 to C-1.  No one appeared in opposition to the request to rezone.

MAJOR CHANGE TO PUD (REZONING) – FIRST READING

15. 1481 THROUGH 1545, 1589 THROUGH 1617 LOST CREEK DRIVE (THE GROVE I AND CHESTNUT WOODS), TMS#05211-01-30 through 34, 05207-03-01 and 02, 05206-09-01 through 03; major change to PUD-R.

Mr. Cliff Kinder, Chestnut Hill Associates General Manager and Chestnut Hill Plantation Developer, told the members of Council that in 1994 five (5) of the ten (10) existing lots were platted to be a minimum of sixty (60) feet wide and now we’re talking about thirteen (13) lots with an average width of fifty seven (57) feet.  He described the development as single family detached dwelling units with a minimum of 1,850-heated square footage with brick veneer on all four (4) sides.  He stated that city approved sidewalks would be built and the homes would be landscaped in the front and on the side yards.  He told City Council that the developer is going to dedicate the remaining land from the re-subdivision of this property to the Chestnut Hill Plantation Homeowners Association as additional space.  Mr. Kindler said that the developer has committed in writing to upgrade existing homeowners open space.  He said that they have met with the residents on two (2) occasions and communicated via telephone and e-mail.  He stated that fifteen (15) residents have signed a petition in support of this request.  Mr. Kindler indicated that this proposed plan is consistent with the goals and plans from 1994 when they asked the City of Columbia to annex this property. He said that this project is not age directed or restricted, but it is targeted for those that would like a nice home with less demands.

Ms. Krista McMillan, told the members of Council that they were not given any guarantees for this development.  She said that she lives across the street from the proposed development and she is concerned about the number and size of the lots, the value of the new homes and how that would affect the property value of her home.

Mr. Cliff Kindler added that the price of the homes would be market driven, but the anticipated prices would be between the high 100’s and the mid 200’s due to the size, architectural features, and interior / exterior detailing.  He said that the current houses are southern, traditional, semi-colonial architecture.  He said that this development is not a divergence to the plan submitted in 1994.  Mr. Kindler explained that he asked the Chestnut Hill Plantation Homeowners Association’s advisory board members not to take a position on this matter because he is still the dictator.  He told the members of Council that the builder is already negotiating with two (2) current neighbors that want to purchase a home in this development for their elderly parents.  He said that this is a good addition to the diversity and lifestyle that’s offered in a suburban planned unit development.  He added that it would increase home values and the quality of life.

Mr. Mike Lowman, Mike Lowman Homes President and Owner, told the members of City Council that he would purchase the land and build in that area whether this request is approved or not.  He said that he was involved with designing and building all of the homes in the Grove Subdivision until 2002.  He stated that he met with the residents and distributed fliers to inform the entire community.  Mr. Lowman said that he can’t guarantee market value, but those concerns have been addressed by establishing higher minimums so that this project is done well above average.

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted six (6) to one (1) to approve on first reading the rezoning of 1481 through 1545, 1589 through 1617 Lost Creek Drive (The Grove I and Chestnut Woods), TMS#05211-01-30 through 34, 05207-03-01 and 02, 05206-09-01 through 03; major change to PUD-R subject to the following.  Voting aye were Mr. Cromartie, Ms. Sinclair, Mr. Osborne, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Mr. Davis.
1. Applicant must conform with all documents on file;
2. Staff was directed to send letters describing the development to the residents of this community; and
3. A meeting is to be scheduled with the residents by the City of Columbia.  Second reading consideration will be given on September 22, 2004.
· City Council adjourned the Zoning Public Hearing at 11:14 a.m.

ORDINANCES – SECOND READING

Upon motion by Ms. Devine, seconded by Mr. Cromartie, Council voted unanimously to give second reading approval on a single motion to Items 16. through 19. as presented.

16.  Ordinance No.: 2004-083 – Annexing 5217 Fairfield Road, Richland County TMS# 11702-02-30 First reading approval on September 1, 2004. – Approved on second reading.

17.  Ordinance No.: 2004-084 – Authorizing transfer of a 1.22 acres (55,520 square feet) portion of Lexington County TMS# 01800-07-02, at Hwy. 6 and North Lake Drive First reading approval on September 1, 2004. – Approved on second reading.

18.  Ordinance No.: 2004-085 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 14, Offenses and Miscellaneous Provisions, Article IV, Offenses Against the Public Peace and Order, Sec. 14-97, Loitering First reading approval on September 1, 2004. – Approved on second reading.

19.  Ordinance No.: 2004-086 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 14, Offenses and Miscellaneous Provisions, Article IV, Offenses Against the Public Peace and Order, to add Sec. 14-104, Unlawful urination or defecation First reading approval on September 1, 2004.  – Approved on second reading.

ORDINANCES – FIRST READING

Upon motion by Ms. Sinclair, seconded by Ms. Devine, Council voted unanimously to give first reading approval on a single motion to Items 20. and 21. as presented.

20.  Ordinance No.: 2004-087 – Granting encroachment to the University of South Carolina for installation and maintenance of a bus shelter adjacent to Barnwell Street Lot Z13 – Approved on first reading, subject to the requestor obtaining a City building permit and the shelter being ADA compliant.
 
21. Ordinance No.: 2004-088 - Authorizing execution of a Lease Agreement with the University of South Carolina Research Foundation for 1225 Laurel Street – Approved on first reading.

OTHER MATTERS

22.  University of South Carolina Columbia Technology Incubator Funding – Mr. Joel Stevenson, Director

Mr. Joel Stevenson, USC Columbia Technology Incubator Director, presented the results of the Incubator Program from fiscal year 2003/2004.  He thanked the members of City Council for their continued support.  He announced that two (2) additional companies would be graduating on November 23, 2004 at 6:00 p.m. at the Midlands Technical College Northeast Campus.  Mr. Stevenson stated that ten (10) of the twelve (12) companies are located in the Midlands, one has gone out of business and a company in Virginia purchased the other.  He said that two hundred seventy seven (277) jobs have been created and five of the companies are minority.   Mr. Stevenson requested continued financial support in the amount of $25,000.00 from the City of Columbia.

 No action was taken.

APPOINTMENTS

23. Municipal Court Ministerial Recorder

Upon motion by Ms. Devine, seconded by Ms. Sinclair, Council voted unanimously to approve the appointment of Ms. Janice T. Apatang as a Ministerial Recorder for Municipal Court.  Ms. Apatang shall hold this office at the pleasure of City Council.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Mr. Eddie Lloyd, Waverly United for Action, Inc., invited the members of City Council to the Roberson Memorial Outreach Ministry Groundbreaking Ceremony on Saturday, September 11, 2004 at 10:00 a.m.  He requested financial assistance for the community center.  He indicated that they are also pursuing private sector contributions.

Councilman Cromartie suggested that Mr. Lloyd submit an application for Community Promotions Funding to be considered by the Community Promotions Advisory Committee.

EXECUTIVE SESSION DISCUSSION

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to go into Executive Session at 11:28 a.m. for the discussion of Items 24., 25. and 26. as amended.

  24.  **Discussion of negotiations incident to proposed contractual arrangements
- Washington Square Property – Mr. Steve Gantt, Senior Assistant City Manager for Operations
- Three Rivers Music Festival – Mr. Charles P. Austin, Sr., City Manager
  These items were discussed in Executive Session no action was taken.

  25. **Discussion of negotiations incident to the proposed sale of property
- Washington Street Property – Mr. Steve Gantt, Senior Assistant City Manager for Operations
 This item was discussed in Executive Session no action was taken.

26. **Receipt of legal advice which relates to pending, threatened or potential claim
 This item was discussed in Executive Session no action was taken.

· City Council adjourned the Work Session at 12:32 p.m.

Respectfully submitted by:
Erika D. Moore
City Clerk