CITY OF COLUMBIA
CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, NOVEMBER 12, 2003
10:00 A.M. - 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for a Zoning Public Hearing on Wednesday November 12, 2003 in the City Hall 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 Jim D. N. Papadea, The Honorable Anne M. Sinclair, The Honorable Hamilton Osborne, Jr. and The Honorable Tameika C. Isaac.  Absent was The Honorable Sam Davis.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Moore, City Clerk.
 
ZONING PUBLIC HEARING

· Mayor Coble opened the Public Hearing at 10:00 a.m.

 MAP AMENDMENTS – FIRST READING

1. HYATT PARK ELEMENTARY SCHOOL - 4200 North Main Street; Rezone portion from C-1 to RS-3.

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve on first reading a Zoning Map Amendment for Hyatt Park Elementary, 4200 North Main Street; Rezone portion from C-1 to RS-3.

2. 2200 College Street and 714-16 Pine Street; rezone from RS-3, DP to PUD-R, DP.

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to approve on first reading a Zoning Map Amendment for 2200 College Street and 714-716 Pine Street; rezone from RS-3, DP to PUD-R, DP, subject to the condition that the total occupancy of the entire duplex structure be limited to no more than 3 unrelated persons.

3. 217-19 Huger Street; rezone from RG-2, PD to PUD-R, PD.

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to approve on first reading a Zoning Map Amendment for 217-219 Huger Street; rezone from RG-2, PD to PUD-R, PD, subject to the condition that the total occupancy of the duplex structure be limited to no more than 4 unrelated persons.

4. THE EDGE - 900 Whaley Street; property generally bounded by Whaley Street on north, Lincoln Street on west, Heyward Street to south, and CSX Railroad to east; rezone from M-2, PD to PUD-R, PD.

Mr. Larry Gates appeared before the members of Council in support of the request to rezone the property at 900 Whaley Street.   He stated that he would rather the property be zoned for residential use than commercial use.  He requested that all occupants file a dated registry indicating who resides in each unit.

Mr. Ted Phipps, stated that the units would be sold, but the developer would work with the City to set a platform for this registry.  He indicated that there would not be a problem with imposing a deed restriction.

Mr. Larry Gates, requested that wall around the pool area match the façade wall.

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to approve on first reading a Zoning Map Amendment for The Edge, 900 Whaley Street; property generally bounded by Whaley Street on north, Lincoln Street on west, Heyward Street to south, and CSX Railroad to east; rezone from M-2, PD to PUD-R, PD subject to the following conditions:
1. Substantial conformance with the site plan, elevations, and building material samples submitted to City Council;
2. Limiting occupancy within each dwelling unit to 1 unrelated person times the number of bedrooms;
3. Screening the pool with a 6-foot high masonry wall that matches the masonry of the building;
4. Submitting sample condominium documents to City Council with PUD packet; and
5. Recording a deed restriction that mandates that all homeowners comply with the occupancy limits outlined in Condition Number 2 and that the entity responsible for management of the building submits a registry of tenants to the Zoning Division annually.

5. PICKENS STREET APARTMENTS - 700 Pickens Street; rezone from C-1, DD to PUD-R, DD.

Mr. Charles Small, Project Developer, stated that this project began in July with a plan to develop twenty-four (24) units, but has since decreased to seventeen (17) units.  He stated that there will be an on site Residential Manager, all congregation areas are located within the development, entrances are limited and secure and there will be a parking garage on site.

Mr. John Stucker, University Neighborhood Association President, appeared before the members of Council in opposition to this request.  He requested that City Council defer taking action on this matter until the developer addresses various concerns.  He voiced concerns about the proposed parking structure being larger than the existing parking lot.  Mr. Stucker stated that he and other property owners are more concerned about density.  He indicated that he would also like to meet with the Zoning Administrator to discuss the project.

Mr. Tom Gotshall, Land Use and Zoning Committee Chairman, appeared before the members of Council in opposition to this request.  He stated that he is also concerned about density.

Mr. Raj Aluri, Pickens Street Property Owner and Resident, appeared before the members of Council in opposition to this request.  He stated that more students in the area would cause more problems.  He said that he looked into purchasing the same property, but decided not to because of the zoning classification.  Mr. Aluri informed the members of Council that if the property were rezoned, then he would apply to have his property rezoned for the development of a high rise.

Mr. Charles Small, Project Developer, stated that it was important to get first reading approval today.  He said that in the realm of trying to make everyone happy, they’ve already given up 33% of the units.  He assured Council that he would work to match the number of beds with parking spaces provided.

Ms. May Viset, Brennan Co., appeared before the members of Council in support of this request. She stated that this is not about density, but it is about increased traffic.  She reminded the members of Council that fifty-five (55) cars would be removed from the street.

Upon motion by Mr. Papadea, seconded by Mr. Cormartie, Council voted unanimously to defer first reading approval until November 19, 2003 to afford the developer another opportunity to meet with the University Neighborhood Association to address the neighbors concerns regarding density.

6. DREHER HIGH SCHOOL - 701 Adger Road, 3319 Millwood Avenue; area generally bounded by Michigan Street on north, Millwood Avenue on south, Adger Road on East, and Daly Street on west; rezone from RS-2, RG-1, C-1, C-3 to PUD-C.

Mr. Doug Quackenbush, Architect, appeared before the members of Council to present the proposed designs, floor plans and elevation drawings for Dreher High School.  He stated that the intent is to make Dreher a 21st century modern urban high school.  He said that Richland County School District One would like to close Princeton Street and to disconnect Michigan Street and all access points would be from Millwood Avenue.  Mr. Quackenbush described the brick walls that would serve as buffers between the neighbors and the school.  He explained that brick columns would not be used with the PVC fencing on the northern boundary.  Mr. Quackenbush stated that they are willing to accept the Planning Commissions recommendations with two (2) amendments.

Mr. Jesse Scott, 800 Adger Road, appeared before the members of Council in opposition to the request to rezone.  He submitted a statement and a petition with twenty-nine (29) signatures urging with City Council to protect their homes and to improve the situation with Dreher High School.

Mr. Bob Gardner, 808 Sims Avenue, appeared before the members of Council in opposition to the request to rezone.  He asked why additional student parking was needed.  Mr. Gardner presented an alternate land use plan for Dreher High School.

Ms. Alice Sloan, 3320 Deveraux Road, appeared before the members of Council in opposition to the request to rezone.  She asked the members of Council to help preserve and protect their neighborhood.  She stated that the school would be closer to their homes if it were expanded.  She stated that she would not support any alternatives to the existing compromise.

Ms. Melrose Ott, 839 Adger Road, appeared before the members of Council in opposition to the request to rezone.  She stated that the proposed fitness trail would run along her property line inviting strangers through her back yard without protection.
Ms. Candy Buchanan, 800 Adger Road, appeared before the members of Council in opposition to the request to rezone.  She said that she supports the Planning Commission recommendations.

Ms. Sue McClam, Dreher High School Student Improvement Council, appeared before the members of Council in support of the request to rezone.  She stated that the objectives are to provide a facility that students can learn in and to provide a safe environment.  She also stated that the proposed wall on Adger Road would be a safety hazard.  Ms. McClam explained that the money is going to be spent on the walls is slated for classrooms.  She recommended that there be an exit at the rear of the school in case of an emergency.

Ms. Cathy Garrick, Dreher High School Parent and Volunteer, appeared before the members of Council in support of the Planning Commission recommendation.  She stated that she is concerned about visibility through the proposed brick walls.  She said that there are no existing athletic facilities on Dreher campus.

Mr. Harry Ward, Dreher High School Student Improvement Council Chairman, appeared before the members of Council in support of the request to rezone.  He stated that the biggest issue is security.

Dr. Cassandra Crooks, 3416 Cassina Road, appeared before the members of Council in opposition to the request to rezone.  She stated that security is not an issue.

Ms. Karlann Brenner, 724 Holly Street, appeared before the members of Council in opposition to the request to rezone.  She explained the results of a survey, which was distributed to 259 residents within the 29205 zip code area.

Ms. Jennifer Gardner, appeared before the members of Council in opposition to the request to rezone.  She stated that all downtown neighborhoods are under assault and have to defend themselves.  She informed the members of Council that $60,000.00 is being removed from the tax role, because of the many homes that will be demolished for the development of a parking lot.

Ms. Deb Snow, appeared before Council in favor of the proposed plans.  She stated that she is also in favor of fencing with high visibility.

Mr. Sam Waters, Historic Heathwood Neighborhood Association Co-chair, appeared before the members of Council in opposition to the request to rezone.  He stated that the neighbors continue to have concerns regarding parking and fencing.  He said that Mr. Doug Quackenbush has taken a lot of flack for Richland County School District One.

Upon motion by Ms. Sinclair, seconded by Mr. Osborne, Council voted unanimously to approve on first reading a Zoning Map Amendment for DREHER HIGH SCHOOL - 701 Adger Road, 3319 Millwood Avenue; area generally bounded by Michigan Street on north, Millwood Avenue on south, Adger Road on East, and Daly Street on west; rezone from RS-2, RG-1, C-1, C-3 to PUD-C subject to the following conditions.  Mr. Cromartie and Ms. Isaac abstained from discussions and voting due to a potential conflict of interest.

(1) SITE PLAN AND SCREENING DEVICES:  Conformance with the site plan dated 11/22/03 and submitted to City Council 11/12/03, except . . .
a. that segment of screening along the Adger Road lot line, from the northern-most point to the south side of 746 Adger Road, shall be a 6-foot high red-clay brick wall, the bottom five feet of which shall be solid and the top one foot of which shall be brick lattice, columns or some other architectural relief to the wall shall be placed every 8 to 12 feet, and a vine or ground cover shall be planted along the Adger Road side to grow on the wall,
b. that segment of screening along the north lot lines, specifically from the east end of the Michigan Avenue brick wall to the southeast corner of 827 Adger Road, shall be a fence consisting of brick columns and PVC/vinyl panels, provided that:
I. the majority of the fence shall be constructed of 6-foot 6-inch high brick columns and 6-foot 6-inch high PVC/vinyl panels, except the height of the columns and panels along the south lot line of 827 Adger Road shall be 6-feet high, matching the height of the wall required along Adger Road,
II. the fence along the north lot lines described above shall be installed prior to construction,
III. the School District may use 6-foot high PVC/vinyl panels in the event that 6-foot 6-inch high panels are not readily available and upon showing a good-faith effort to procure 6-foot 6-inch panels, and
IV. if the School District uses 6-foot PVC/vinyl panels, then the panels shall be set upon the columns and/or the grade around the screening raised to approximate a 6-foot 6-inch screen and the school district shall install devices as necessary to minimize the likelihood that rodents and other vermin may travel under the screen,
c. Substantial conformance with the Preliminary Landscape Plan dated revised 10/24/03 and submitted to City Council 11/12/03 that depicts, among other things, a buffer transition yard (specifically the equivalent to 16 caliper inches of canopy trees only every 100 feet) located in close proximity to the walls and fences required above;
(2) MAINTENANCE:  All landscaping and screening devices (i.e. walls and fences) shall be well maintained in perpetuity;
(3) LIGHTING:  Lights may be mounted upon 22-foot poles as shown but light levels shall be reduced to 50 percent after 10:30 p.m.; and
(4) AMENDMENTS:  Any changes to the site plan must be reviewed and approved by the Planning Commission.

ZONING CONFIRMATIONS – FIRST READING (Properties Previously Annexed)

7. 116 and 124 McLeod Road and 25’ strip on McLeod Road; confirm M-1, annexed 8/13/03.

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted unanimously to approve on first reading a Zoning Confirmation for 116 and 124 McLeod Road and 25’ strip on McLeod Road; confirm M-1.  Mr. Cromartie was not present for the vote.

8. 1732 Carnegie Street; confirm C-3, annexed 8/20/03.

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve on first reading a Zoning Confirmation for 1732 Carnegie Street; confirm C-3.  Mr. Cromartie was not present for the vote.

9. 105 Leyden Lane; confirm RS-2, annexed 9/10/03.

Mr. Jerry Stone, informed the members of Council that the neighbors did not know 105 Leyden Lane was annexed into the City of Columbia.  He inquired about the annexation process and the notification process.

· Mr. Osborne left the meeting at 12:41 p.m.

Upon motion by Ms. Sinclair, seconded by Ms. Isaac, Council voted unanimously to approve on first reading a Zoning Confirmation for 105 Leyden Lane; confirm RS-2.  The Zoning Administrator was directed to contact Richland County to determine whether or not a permit was issued for the construction of the single-family residence.  Mr. Cromartie and Mr. Osborne were not present for the vote.

10. 1320 Buckner Road; confirm D-1, annexed 9/10/03.

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve on first reading a Zoning Confirmation for 1320 Buckner Road; confirm D-1.  Mr. Cromartie and Mr. Osborne were not present for the vote.

11. Woodcreek Farms, Southridge (Lots 1-37); confirm PUD-R, annexed 9/10/03.

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted unanimously to approve on first reading a Zoning Confirmation for Woodcreek Farms, Southridge (Lots 1-37); confirm PUD-R.  Mr. Cromartie and Mr. Osborne were not present for the vote.

· Mr. Osborne returned to the meeting at 12:46 p.m.

12. 1730 and 1732 Canal Drive; confirm D-1, annexed 9/24/03.

Ms. Peggy Fitts, 1875 Bentley Drive, appeared before the members of Council in opposition to the request to rezone.  She stated that Bentley Court Apartments are now Section 8 Housing and was sold to Benedict College.  She presented pictures of the apartment complex that showed debris piled up around the dumpsters and the buildings.  Ms. Fitts insisted that Benedict is running a slum and will not deal with the issues.

There was a consensus of Council to defer first reading approval.  The Director of Inspections was directed to investigate this property and adjacent properties along with the Richland County Building Inspector to determine if any of the properties are in violation of the Housing Code.

13. 131 Cort Road (5.85 acres); confirm M-1, annexed 9/24/03.

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted unanimously to approve on first reading a Zoning Confirmation for 131 Cort Road (5.85 acres); confirm M-1.  Mr. Cromartie was not present for the vote.

ZONING TEXT AMENDMENTS – FIRST READING

14. COMMUNICATION TOWER SETBACKS.  Amend §17-283 (formerly §17-280), Communication Towers.
Ordinance No.: 2003-083 – 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

Ms. Mary Robinson, 1131 Skyland Drive, appeared before the members of Council in favor of the Zoning Text Amendment.  She presented a petition from the community with 196 signatures in opposition to the expansion of cell towers in their neighborhood.

There was a consensus of Council to defer first reading approval until November 19, 2003.

· Mayor Coble adjourned the Zoning Public Hearing at 1:03 p.m.

ZONING MAP AMENDMENT  - FIRST READING

15. 03-33 MA 4503 Ridgewood Avenue, TMS#09211-02-03; rezone from RS-3 to PUD-R.
This item was held over, no action was taken.

· Mayor Coble adjourned the meeting at 1:04 p.m. to reconvene the Work Session.  Mr. Cromartie was not present for the vote.

Respectfully submitted by:

Erika D. Moore
City clerk