CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, NOVEMBER 10, 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, November 10, 2004, in the City Council Chambers, 1737 Main Street, Columbia, South Carolina.  The Honorable Mayor Robert D. Coble called the meeting to order at 10:13 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. Moore, City Clerk.

· City Council opened the Zoning Public Hearing at 10:13 a.m.

ZONING PUBLIC HEARING

CONFIRM ZONING OF PREVIOUSLY ANNEXED PROPERTIES  – FIRST READING

1. 0.765 acres (Parcel A-2), Cushman Road at Two Notch Road, TMS#14103-03-18(p); the property is zoned C-3.

No one appeared in opposition to this request.

Upon motion by Ms. Devine, seconded by Ms. Sinclair, Council voted unanimously to approve on first reading a Zoning Confirmation for 0.765 acres (Parcel A-2), Cushman Road at Two Notch Road, TMS#14103-03-18(p); the property is zoned C-3.  Mr. Cromartie and Mr. Davis were not present for the vote.

· Mr. Davis joined the meeting at 10:14 a.m.
 
ANNEXATION AND REZONING – FIRST READING

2.  205 Lost Creek Road (Lot 4, Lost Creek Plantation), TMS# 05114-04-02; rezone from Richland County RU to RS-1.  This property is currently being considered for annexation.
Ordinance No.: 2004-102 – Annexing Lot 4, Lost creek Plantation, Richland County TMS# 05100-03-89 (portion)

No one appeared in opposition to this request.

Upon motion by Ms. Sinclair, seconded by Ms. Devine, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 205 Lost Creek Road (Lot 4, Lost Creek Plantation), TMS# 05114-04-02; rezone from Richland County RU to RS-1 and Ordinance No.: 2004-102 – Annexing Lot 4, Lost creek Plantation, Richland County TMS# 05100-03-89 (portion). Mr. Cromartie was not present for the vote.

3.  Pennington Place - 9.2 acres 1000 block Leesburg Road, 2.5 acres Leesburg at Peyton Road, 1.8 acres Pepper, Peyton, and Pennington Roads (Pennington Place), TMS# 16411-01-20, 16411-09-04, 16411-10-01; rezone from Richland County C-1 (TMS# 16411-01-20) and C-3 (TMS# 16411-09-04 & 16411-10-01) to PUD-R.  This property is currently being considered for annexation.
Ordinance No.: 2004-101 – Annexing 16.5 +/- acres, Leesburg Road at Pennington Road, Richland County TMS# 16411-01-20; 16411-09-04 and 16411-10-01

No one appeared in opposition to this request.

Upon motion by Mr. Osborne, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval on a single motion to the Rezoning of Pennington Place - 9.2 acres 1000 block Leesburg Road, 2.5 acres Leesburg at Peyton Road, 1.8 acres Pepper, Peyton, and Pennington Roads (Pennington Place), TMS# 16411-01-20, 16411-09-04, 16411-10-01; rezone from Richland County C-1 (TMS# 16411-01-20) and C-3 (TMS# 16411-09-04 & 16411-10-01) to PUD-R and Ordinance No.: 2004-101 – Annexing 16.5 +/- acres, Leesburg Road at Pennington Road, Richland County TMS# 16411-01-20; 16411-09-04 and 16411-10-01provided that the applicant enclose the park at southeast corner of subject property with a fence.  Mr. Cromartie was not present for the vote.

REZONING – FIRST READING

4.  3032 Farrow Road and 3103 Carver Street, TMS#11503-06-01 and 11507-02-03; rezone from RS-3 and C-2 to all C-2.

No one appeared in opposition to this request.

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading the Rezoning of 3032 Farrow Road and 3103 Carver Street, TMS#11503-06-01 and 11507-02-03; rezone from RS-3 and C-2 to all C-2.  Mr. Cromartie was not present for the vote.

ANNEXATION AND REZONING – FIRST READING

5.  17± acres, Caughman Road at Hallbrook Drive, TMS#19100-02-01(p); annex and rezone 17± acres from Richland County RG-2 to PUD-R.  This property is currently being considered for annexation.
Ordinance No.: 2004-059 - Annexing 17 +/- acres, Caughman Road at Hallbrook Drive, Richland County TMS #19100-02-01 (portion)

Mr. Bill Higgins, Ellis Lawhorne & Sims, P.A., appeared before the members of Council on behalf of the requestor, McGuinn Construction Management, seeking the approval of an amendment to a PUD-R designation for said property from the current RG-2 zoning.  He told the members of City Council that his client is a local outfit from the Lexington area with great experience with this type of development.  He said that fundamental changes were made as a result of citizen input.  He outlined those changes as follows:  brick fronts; moving the primary entrance to the commercial portion from Caughman Road to Hallbrook Drive; saved 50% of the trees; additional green space was created in the residential area by eliminating four (4) of the proposed residential units; and connecting sidewalks were guaranteed within the development.  He said that the development consists of a 17-acre tract with 13 acres being dedicated to the residential section for the development of 110 senior friendly residential units, with 8 units being constructed per acre.  He said that the commercial portion of the property is less than 4 acres and abuts Caughman Road with a 10,000 sq. ft. building to include a family medical practice and a pharmacy.  The second building of 5,000 sq. ft. is for a proposed dentist or chiropractors office.  Mr. Higgins indicated that the four 5,000 sq. ft. retail buildings would be developed for general retail purposes without alcohol sales to accommodate the residents.

Mr. Wade McGuinn, Applicant, told the members of Council that there are many partners involved and none of them wish to compete with such major chains as Wal-Mart of K-Mart.

Councilman Anthony Mizzell, Richland County Council, told the members of City Council that the community does support the residential aspect of this proposal.  He asked the members of Council to imagine that this development was being proposed for Wheat Street near Hand Middle School.  He urged City Council to deny commercial encroachment into this community.

· Mr. Cromartie joined the meeting at 10:33 a.m.

The following individuals appeared before the members of City Council in opposition to the retail portion of the request:
Mr. Dell Isham
Ms. Virginia Sanders
Mr. Mike Smith
Mr. William Gilbo
Ms. Audrey Trujillano
Ms. Pam Ruda
Mr. Earl McLeod
Mr. Edward Jones
Ms. Cora Lee Swink
Mr. Marvin Busby

Mr. Kenny Faison, Caughman Road Elementary School Parent Teacher Organization President, appeared before the members of City Council in support of this request to rezone and annex 17 acres on Caughman Road.  He said that the school is in full support of the entire proposal.  Mr. Faison said that the school lacks volunteers so this development may afford them the opportunity to pool the senior residents to volunteer.  He stated that out of 646 students only seven of them walk to and from school daily.  He requested that an access gate be installed by the school’s flashing light to block the entrance during arrival and dismissal times.

There was a consensus of City Council to defer first reading consideration until November 17, 2004.

ANNEXATION AND REZONING – FIRST READING

6.  803 Silver Street, TMS#08816-01-08; rezone from Richland County M-1 to RG-1.  This property is currently being considered for annexation.
  Ordinance No.: 2004-095 – Annexing 803 Silver Street, Richland County TMS# 08816-01-08

No one appeared in opposition to this request.

Upon motion by Mayor Coble, seconded by Mr. Rickenmann, Council voted unanimously to deny on a single motion the Rezoning of 803 Silver Street, TMS#08816-01-08; rezone from Richland County M-1 to RG-1 and Ordinance No.: 2004-095 – Annexing 803 Silver Street, Richland County TMS# 08816-01-08 based upon staff recommendation.  Ms. Devine was not present for the vote.

REZONING – FIRST READING

7.  2406 through 2412 Superior Street and 705-07 Howard Street, TMS# 11216-17-02, through 04; rezone from RS-3 to PUD-R.

Mr. Peter Mayer, appeared before the members of City Council to present the general consensus of the residents.  He said that the residents are in support of this development, but they are concerned about density.
Mr. Stan Frick appeared before the members of City Council on behalf of the Rosewood Community Council in support of this request to rezone.  He said that the developer has addressed the concerns of the community.  He said that this development is a major improvement compared to the duplexes that are currently there.

Ms. Cheryl Fulton appeared before the members of City Council in support of the request.  She admitted that she was very displeased when Mr. Dorsey developed “plastic homes” near her lot. She said that the developer has worked with the community to rectify that situation and she would like for this request to be approved.

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading the Rezoning of 2406 through 2412 Superior Street and 705-07 Howard Street, TMS# 11216-17-02, through 04; rezone from RS-3 to PUD-R provided that the applicant (1) clad 50% of the residences with brick and 50% of the residences with HardiPlank; (2) provide variety within the elevations of the residences; and (3) replace any grand tree that must be removed at the current rate established within the Landscape Ordinance.

8.  1.57 acres on Byron Road, Wormwood Lane, and Veterans Road, TMS#16406-06-07(p), 08(p), and 11(p); rezone from PUD-R to amended PUD-R.

Mr. John Blackmon, told the members of City Council that this development has no commercial aspect to it.

There was a consensus of City Council to defer first reading consideration until November 17, 2004 to allow Councilman Hamilton Osborne an opportunity to look at the property in question.

· City Council closed the Zoning Public Hearing at 11:57 a.m.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve on a single motion the Consent Agenda Items 9. through 14. as presented.

STREET CLOSINGS

9.  Council is asked to approve a request from the Township Auditorium to close Henderson Street between Taylor Street and Blanding Street and Blanding Street between Pickens Street and Henderson Street during the following dates and times for various Children shows Contact:  Ms. Sally Roach, Executive Director – Approved subject to the sponsor hiring off duty police officers to provide traffic control.

10. Council is asked to approve a request from the University of South Carolina and Global Spectrum to close Greene Street between Park Street and Gadsden Street and Lincoln Street between Devine Street and College Street on Thursday, November 18th, 2004 from 2:00 p.m. until 10:00 p.m. for a Tiger Burn.  Contact:  Mr. Matt Homan, Assistant General Manager for the Colonial Center – Approved subject to the University Police being responsible for traffic and crowd control at each location and the sponsor will clean up a one-block radius following the event.

11.  Council is asked to approve a request from United Way of the Midlands to close Main Street between Richland Street and Laurel Street on Tuesday, January 11, 2005 from 10:00 a.m. until 11:00 a.m. for the Unveiling of the New Logo Design.  Contact:  Ms. Anita Brewer-Crosby, Marketing Director - Approved

CONSIDERATION OF BIDS, AGREEMENTS & CHANGE ORDERS

12.  Council is asked to approve the Removal of Bats at Arsenal Hill, as requested by the Parks and Recreation Department. Award to Forest and Wildlife Innovations, Inc., the low bidder, in the amount of $15,000.00.  This firm is located in Cayce, SC. - Approved

ORDINANCES – SECOND READING

13.  Ordinance No.: 2004-047 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article III, Building Permits, Sec. 5-204, Fee Schedule First reading approval on November 3, 2004. – Approved on second reading.

14.  Ordinance No.: 2004-098 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, Article II, Business and Professional Licenses, Sec. 11-49, Classification rate schedules, insurance to provide for provisions for insurance companies and for brokers for non-admitted fire and casualty insurers First reading approval on November 3, 2004. – Approved on second reading.

RESOLUTION

15.  Resolution No.: R-2004-070 – Creating the Columbia Small Business Regulatory Review Committee

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve Resolution No.: R-2004-070 – Creating the Columbia Small Business Regulatory Review Committee.  The Columbia Small Business Regulatory Review Committee members shall be appointed as follows:  Each City Council member will appoint one (1) individual; Mr. Frank Knapp will appoint two (2) individuals from the business community; Councilwoman Devine will seek two (2) appointments from the Minority Business Center; and Mr. Frank Knapp will be appointed by City Council.

OTHER MATTERS

16.  Council is asked to approve a Request for a Certificate of Convenience and Necessity for a Carriage Service, as requested by the Business License Division.  Award to Don Purcell doing business as Columbia Carriage Works, 105 Burmaster Drive, Columbia, South Carolina 29229.

Upon motion by Mayor Coble, seconded by Ms. Sinclair, council voted unanimously to approve a Request for a Certificate of Convenience and Necessity for a Carriage Service, as requested by the Business License Division.  Award to Don Purcell doing business as Columbia Carriage Works, 105 Burmaster Drive, Columbia, South Carolina 29229.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL    

No one appeared before the members of City Council.

· City Council adjourned the meeting at 12:06 to reconvene the Work Session.

Respectfully submitted by:
Erika D. Moore
City Clerk