091712 Council Mtg Mins Adopted North
Augusta
South Carolina's Riuerfront
MINUTES OF SEPTEMBER 17, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur H. Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
PUBLIC HEARING
The public hearing of September 17, 2012, having been duly publicized, was called to order by
Mayor Jones at 7:00 p.m. The purpose of the public hearing was consideration of the
Development Agreement between the City of North Augusta an North Augusta Riverfront
Company, LLC involving a tract of land in excess of 25 acres adjacent to the Savannah River in
the vicinity of the 13th Street Bridge.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Shealy, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John
P. Potter, Jr., Director of Finance; Richard L. Meyer, Director of Parks, Recreation, and Leisure
Services; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of
Engineering and Public Works; James E. Sutton, Deputy Director of Public Services; Diana H.
Miller, Manager of Human Resources; and Donna B. Young, City Clerk.
Minutes of Regular Meeting of 9/17/12
Questions/comments were made by the following individuals:
Brenda Bancroft, 219 Jackson Avenue,North Augusta, South Carolina
Rod Berg, 37 Lake Hartwell, North Augusta, South Carolina
Walker Posey, 445 Railroad Avenue, North Augusta, South Carolina
There being no further comments; the meeting was adjourned.
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of September 17, 2012, having been duly publicized, was called to order by
Mayor Jones following the Public Hearing. Mayor Jones rendered the invocation and led in the
Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Shealy, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John
P. Potter, Jr., Director of Finance; Richard L. Meyer, Interim Director of Parks, Recreation, and
Leisure Services; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of
Engineering and Public Works; James E. Sutton, Deputy Director of Public Services; Diana H.
Miller, Manager of Human Resources; and Donna B. Young, City Clerk.
The minutes of the regular and study session meetings of August 20, 2012, were approved by
general consent.
ITEM 1: COMMUNITY PROMOTION: Constitution Week — September 17 — 23,
2012—Proclamation
In cooperation with the Martintown Road Chapter of the D.A.R. Mayor Jones
proclaimed the week of September 17 - 23, 2012, as Constitution Week in the
City of North Augusta.
Minutes of Regular Meeting of 9/17/12
The proclamation text is as follows:
North City of Worth Augusta,
Au sista `. CarvRnaSouth
South Ccrrolitm'S 1Ztuedreult
PROCLAMATION
WHEREAS, our Founding Fathers, including South Carolinians, Pierce Butler, Charles
Pinckney, John Rutledge, and Charles Cotesworth Pinckney, risked their fortunes, and some even their lives, to
secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the
United States of America, and
WHEREAS, September 17, 2012, marks the two hundred and twenty-fifth anniversary of the
drafting of the Constitution of the United States by the Constitutional Convention; and
WHEREAS, the anniversary of the signing of the Constitution provides an historic opportunity
for all Americans to learn about and recall the achievements of our Founders, and to reflect on the rights and
privileges of citizenship as well as its attendant responsibilities, and
WHEREAS, the independence guaranteed to the American people by the Constitution should be
celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, 2012, as
designated by proclamation of the President of the United States of America in accordance with Public Law 915.
NOW THEREFORE, 1, Lark W Jones, Mayor of the City of North Augusta, South Carolina, do
hereby proclaim September 17-23, 2012, as
CONSTITUTION WEEK
in the City of North Augusta, South Carolina, and urge all our citizens to reflect during that week on the many
benefits of our Federal Constitution and the privileges and responsibilities of American citizenship
IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of North
Augusta, South Carolina, to be affixed this 19th day of September, 2012
ITEM 2. STREETS AND DRAINS: Whatley Place Townhouses, Phase II-B-1,
Deed of Dedication for Subdivision Improvements —Resolution
On motion by Councilmember Shealy, second by Councilmember Carpenter, a
motion accepting a deed of dedication for the subdivision improvements for
Whatley Place Townhouses, Phase II-B-1 was unanimously passed by Mayor and
Council.
Minutes of Regular Meeting of 9/17/12
The resolution text is as follows:
RESOLUTION NO. 2012-18
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER AND STORMWATER COLLECTION SYSTEMS AND ASSOCIATED
EASEMENTS ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF
CREDIT FOR WHATLEY PLACE TOWNHOUSES PHASE II-B-1
WHEREAS, RDB Whatley Place, LLC, developed Whatley Place Townhouses,
Phase II-B-1 according to the requirements of the North Augusta Planning Commission and the
City, and owns the streets, utilities, and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the
Interim Director of Planning and Economic Development and the City Engineer approved the
final subdivision plat for recording on January 18, 2012; and
WHEREAS, it is the policy of the City that, upon approval of a final subdivision
plat, the City will, following inspection by the City's Engineering department, accept a deed of
dedication for the streets, utilities, etc. for the purpose of ownership and maintenance when said
deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and letter of credit accompany the deed;
and
WHEREAS, the City Engineer has made final inspection of the subject
improvements, and these improvements meet City standards.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
do hereby accept a deed of dedication for:
All that certain piece, parcel or tract of land, situate, lying and being in the City
of North Augusta, in the County of Aiken, State of South Carolina, being shown
and designated as Alberta Avenue, a street located in Whatley Place
Townhouses, Phase II-B-1, as shown on the plat prepared by Piedmont
Surveying, Inc. dated February 9, 2009, revised December 12, 2011 and further
revised on December 18, 2011, recorded in the office of the RMC for Aiken
County in Plat Book 56 at page 380, consisting of Alberta Avenue from
Harvester Drive to SC. Highway 45, Five Notch, to include that portion of
Alberta Avenue that was previously conveyed to the Grantee herein by Deed of
Dedication of the Grantor herein, recorded in the Office of the RMC for Aiken
County, South Carolina in Record Book 4393 at page 1490, with all right of way
for said street being fifty feet (50'). Reference is hereby made to said plat for
specific metes, bounds, and location of the said property. The storm drainage
and sewer lines, pipes, valves and connections are those identified on said plat as
Minutes of Regular Meeting of 9/17/12
well as any and all of the same that are actually installed and located within the
right of way to include various sewer and drainage easements as identified on
said plat. In addition, the Grantor does hereby convey an easement to enter upon
all areas as shown as drainage and utility easements on the abovc-referenced plat
and also an easement over and across all sidewalks adjacent to said public
roadways.
This being a portion of the premises conveyed to RDB Whatley Place, LLC, by
deed of Blackston Development, LLC, recorded in the office of the RMC for
Aiken County, South Carolina in Record Book 4381 at page 1713-1717.
Tax Parcel Number 005-08-20-028 Alberta Avenue (Portion)
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Letter of
Credit valued at $18,750 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
) 2012.
ITEM 3. ZONING: Four Parcels of Land Totaling 2.25 +/- Acres Owned by V&H
Ponce De Leon and Located West of the Intersection of Ponce De Leon
Avenue and Sikes Avenue — P-D, Planned Development, to R-7, Small Lot
Single Family Residential — Planning Commission Recommendation —
Receipt by Council, Motion To Receive
On motion by Mayor Jones, second by Councilmember McDowell, Council
unanimously received the August 16, 2012, Planning Commission
recommendation of the approval of Application Number RZM 12-002, a request
by V&H Ponce De Leon to rezone 2.25 + acres located West of the intersection
of Ponce De Leon Avenue and Sikes Avenue, from PD, Planned Development, to
R-7, Small Lot Family Residential. The parcel numbers are 007-14-17-002, 007-
14-17-010, 007-14-17-011, and 007-14-17-012.
ITEM 4. ZONING: Four Parcels of Land Totaling 2.25 +/- Acres Owned by V&H
Ponce De Leon and Located West of the Intersection of Ponce De Leon
Avenue and Sikes Avenue — P-D, Planned Development, to R-7, Small Lot
Single Family Residential—Ordinance, First Reading
On motion by Mayor Jones, second by Councilmember Baggott, Council
unanimously passed an ordinance on first reading to affect the requested rezoning
of 2.25 t acres located West of the intersection of Ponce De Leon Avenue and
Sikes Avenue, from PD, Planned Development, to R-7, Small Lot Family
Residential. The parcel numbers are 007-14-17-002, 007-14-17-010, 007-14-17-
011, and 007-14-17-012.
The ordinance text is as follows:
Minutes of Regular Meeting of 9/17/12
ORDINANCE NO. 2012-12
TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA,
SOUTH CAROLINA BY REZONING FOUR PARCELS OF LAND TOTALING±2.25
ACRES OWNED BY V&H PONCE DE LEON LLC AND LOCATED WEST OF THE
INTERSECTION OF PONCE DE LEON AVENUE AND SIKES AVENUE, TAX PARCEL
NUMBERS 007-14-17-002 007-14-17-010 007-14-17-011 AND 007-14-17-012 FROM PD,
PLANNED DEVELOPMENT TO R-7 SMALL LOT SINGLE-FAMILY RESIDENTIAL
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code and a citywide Zoning Map which
is consistent with the City's 2005 Comprehensive Plan; and
WHEREAS, pursuant to Section 5.3, North Augusta Development Code, the
North Augusta Planning Commission may recommend amendments to the Zoning Map,
provided such amendments are consistent with the City's 2005 Comprehensive Plan; and
WHEREAS, the North Augusta Planning Commission, following an August 16,
2012 public hearing, reviewed, considered and approved an amendment to the Zoning Map and
recommended said amendment to the City Council for approval.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
1. The property, four parcels owned by V&H Ponce de Leon, LLC, west of the
intersection of Ponce de Leon Avenue and Sikes Avenue, containing ±2.25 acres
and shown on the map prepared by the City of North Augusta dated July 20,
2012 and attached hereto as Exhibit A, is hereby rezoned from PD, Planned
Development, to R-7, Small Lot, Single-Family Residential.. The subject
property is identified by the following Aiken County Tax Map Block and Parcel
Numbers:
007-14-17-002
007-14-17-010
007-14-17-011
007-14-17-012
IL Said property being officially rezoned to the classification R-7, Small Lot,
Single-Family Residential, in accordance with the map attached hereto as Exhibit
A, the official Zoning Map of the City of North Augusta is to be so amended.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
IV. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
Minutes of Regular Meeting of 9/17/12
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
ITEM 5. ZONING: Four Parcels of Land Totaling 2.25 +/- Acres Owned by V&H
Ponce De Leon and Located West of the Intersection of Ponce De Leon
Avenue and Sikes Avenue - P-D, Planned Development, to R-7, Small Lot
Single Family Residential; -Ordinance, Second Reading
On motion by Councilmember Carpenter, second by Councilmember Whinghter,
Council unanimously passed an ordinance on second reading to affect the
requested rezoning of 2.25 ± acres located West of the intersection of Ponce De
Leon Avenue and Sikes Avenue, from PD, Planned Development, to R-7, Small
Lot Family Residential. The parcel numbers are 007-14-17-002, 007-14-17-010,
007-14-17-011, and 007-14-17-012.
Please see Item No. 4 above for the ordinance text.
There being no further business, Council adjourned.
APPROVED THIS r DAY OF Respectfully submitted,
(DC'1-a LAV-, , 2012. -a
Donna B. Young
Mayor Lark W. J nes City Clerk