No preview available
070119 Council Mtg Agenda Back Materials Administration Department Interoffice Memorandum North ,Augusta � Soufh Corulinu:s liwerfronl TO: Mayor and City Council FROM: B.Todd Glover,City Administrator DATE: June 28,2019 SUBJECT: Regular City Council Meeting of July 1 2019 REGULAR COUNCIL MEETING NEW BUSINESS ITEM 5. ENGINEERING& PUBLIC WORKS: Resolution No.2019-19—Authorizing the Acceptance of the Low Bid of Beam's Contracting,Inc.for the Walnut Lane Reconstruction Project A resolution has been prepared for Council's consideration to authorize the acceptance of the low bid of Beam's Contracting,Inc. for the Walnut Lane reconstruction project. Please see ATTACHMENT q5 for a copy of the proposed resolution and supporting documents. ITEM 6. PUBLIC SERVICES: Resolution No.2019-20—Authorizing the City to Accept a Grant of$20,000 from the State of South Carolina Department of Health and Environmental Control to be Utilized in Purchasing Public Place Recycling Stations and Providing Public Education A resolution has been prepared for Council's consideration to authorize the City to accept a grant of$20,000 from the State of South Carolina Department of Health and Environmental Control to be utilized in purchasing public place recycling stations and proving public education. Please see ATTACH M ENT 86 for a copy of the proposed resolution and a picture of the recycling stations. ITEM 7. PLANNING AND DEVELOPMENT: Planning Commission Recommendation (Memorandum p 19-005)and Project Staff Report•. ANX 19-001, Bradley Terrace,Aiken County; Receipt of Information by Council—Motion On February 21,2019,after a duly advertised and convened public hearing,the Planning Commission considered a request of Summer Lakes Development, LLC that the City annex +5.42 acres of property located on Bradley Drive,Thaxton Court,and Bradley Court so that the site can be served by the City. The property's contiguity is shown on the attached"Exhibit A." If annexation is approved,the site will be used for residential development. The Planning Commission,on a vote of 8-0,voted in favor of a recommendation to City Council to accept the petition for annexation with the requested R-7 zoning.Receipt of the report for consideration by motion of Mayor and Council is requested. June 28, 2019 Please see ATTACH M ENT#7 for Memo#19-005,a copy of the report,and Exhibit A. ITEM S. ANNEXATION: Annexation of+5.42 Acres of Property Located Along Bradley Drive,Thaxton Court,and Bradley Court,and Owned by Summer Lakes Development,LLC A. Petition,Resolution No.2019-21 to Accept a Petition for Annexation of 5.42+/-Acres of Property Located Along Bradley Drive, Thaxton Court, and Bradley Court and Owned by Summer Lakes Development,LLC A resolution has been prepared for Council's consideration accepting the petition of Summer Lakes Development, LLC in which the owner requests the annexation of+5.42 acres of property located along Bradley Drive,Thaxton Court, and Bradley Court,Aiken County Tax Parcel Number 012-14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06- 069,012-14-06-070,012-14-06-074,012-14-06-075,012-14-06-076,012-14-06-084,and 012,14-06-085; AND 012-14-08-007, 012-14-08-008, 012-14-08-009, 012-14-08-010, 012-14-08-011, 012-14-06-068, 012-14-06-073, 012-14-06-077, and 012-14-06-082; AND 012-14-06-071. The property to be annexed is also shown on a map identified as"Exhibit A"titled"Map of Property Sought to be Annexed to the City of North Augusta." Please see ATTACH M ENT 48A for a copy ofthe proposed resolution,petition,and map. B. Ordinance No.2019-05 to Change the Corporate Limits of the City of North Augusta by Annexing+/-5.42 Acres of Property Located Along Bradley Drive,Thaxton Court, and Bradley Court and Owned by Summer Lakes Development,LLC,First Reading Pending Council's acceptance of the petition described in Item#8-A above,an ordinance has been prepared for Council's consideration on first reading to affect the requested annexation. The parcel is proposed to be zoned R-7, Small Lot Single-Family Residential as shown on the attached"Exhibit B". The requested zoning,R-7, is inconsistent with the future land use classification of the property,Low Density Residential,as specified in the Land Use Element of the 2017 Comprehensive Plan,so it has been reviewed by the Planning Commission for recommendation to the City Council.The Planning Commission,on a vote of 8-0,voted in favor of a recommendation to City Council to accept the petition for annexation with the requested R-7 zoning. Please see ATTACHMENT#81f for a copy of the proposed ordinance and Exhibit B. C. Ordinance,Second Reading Pending Council's passage of the ordinance on first reading, it is submitted for Council's consideration on second reading. ITEM 9. PLANNING&DEVELOPMENT: Planning Commission Recommendation (Memorandum# 19-012)and Project Staff Report RWA19-001,Carolina Avenue Alley June 28, 2019 Abandonment;Receipt of Information by Council- Motion On June 20,2019,after a duly advertised and convened public hearing,the Planning Commission considered a request by Paul D.Brewer and Barbara C.Coleman to abandon a ±0.02-acre portion of unnamed right-of-way located at the rear of their property at 812 Carolina Avenue. The Planning Commission voted unanimously to recommend the alley abandonment for approval by City Council. Receipt of the report for consideration by motion of Mayor and Council is requested. Please see ATTACH M ENT#9 for Memo#19-012 and a copy of the report. ITEM 10. PLANNING& DEVELOPMENT: Ordinance No.2019-09—Abandoning a Platted, But Unopened, Unimproved Road Right-of-Way Shown on a Plat for Paul D.Brewer and Barbara C.Coleman dated June 22,2005 in the City of North Augusta A. Ordinance,First Reading An ordinance has been prepared for Council's consideration to abandon a platted but unopened,unimproved road right-of-way shown on a plat for Paul D.Brewer and Barbara C. Coleman dated June 22,2005 in the City of North Augusta. Please see ATTACH M ENT#10 for a copy of the proposed ordinance. B. Ordinance,Second Reading Pending Council's passage of the ordinance on first reading, it is submitted for Council's consideration on second reading. ITEM ll. PLANNING & DEVELOPMENT: Planning Commission Recommendation (Memorandum# 19-013)and Project Staff Report: RZT19-003,Article 13:Signs,Text Amendment; Receipt of Information by Council-Motion On June 20,2019,after a duly advertised and convened public hearing,the Planning Commission considered a request by the City of North Augusta to amend Article 13,Signs,of the North Augusta Development Code. The Planning Commission voted unanimously to recommend the text change for approval by City Council.Receipt of the report for consideration by motion of Mayor and Council is requested. Please see ATTACHM ENI #I I for Memo#19-013 and a copy of the report. ITEM 12. ZONING: Planning Commission Recommendation(Memorandum#19-011)and Project Staff Report: RZT19-002,Neighborhood Preservation Overlay Text Amendment; Receipt of Information by Council-Motion On June 20,2019,after a duly advertised and convened public hearing,the Planning Commission considered a motion to recommend that the City Council approve Application June 28, 2019 RZT 19-002 to amend Section 3.8.2,Establishment of Corridor Overlay Districts,in Article 3, Zoning Districts,of the North Augusta Development Code. The proposed amendment would modify the boundaries of the current Neighborhood Preservation Overlay District to exclude Briggs Avenue to Maddox Street on the West side of Georgia Avenue. The Planning Commission,on a vote of 4-1,voted in favor of a recommendation to City Council for the text amendment. Receipt of the report for consideration by motion of Mayor and Council is requested. Please see ATTACHMENT#12 for Memo#19-011 and a copy of the report. ITEM 13. ZONING: Ordinance No.2019-08—Amending Article 3,Zoning Districts,Related to Neighborhood Preservation Overlay District Boundaries of the North Augusta Development Code,Chapter 18 of the City of North Augusta, South Carolina Cade of Ordinances. A. Ordinance,First Reading An ordinance has been prepared for Council's consideration to amend Article 3,Zoning Districts,related to Neighborhood Preservation Overlay District Boundaries of the North Augusta Development Code,Chapter 18 of the City of North Augusta,South Carolina Code of Ordinances. Please see ATTACHMENT#13 for a copy of the proposed ordinance. B. Ordinance,Second Reading Pending Council's passage of the ordinance on first reading, it is submitted for Council's consideration on second reading. ITEM 14. PLANNING& DEVELOPMENT: Ordinance No.2019-06- To Amend Article 3, Zoning Districts,Related to the Public Use(P) Special Zoning District,of the North Augusta Development Code,Chapter 18 of the City of North Augusta,South Carolina Code of Ordinances. A. Ordinance, First Reading An ordinance has been prepared for Council's consideration amending Article 3,Zoning Districts,Related to the Public Use(P)Special Zoning District,of the North Augusta Development Code,Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances. Please see At TA('II M ENT#14A for a copy of the proposed ordinance. Please see Al"FACII M ENI #141i for a copy of the Department of Planning and Development's Memorandum#19-006 and Project Staff Report RZT19-001 Public Use Text Amendment received for information by Council on May 6,2019. B. Ordinance,Second Reading Pending Council's passage of the ordinance on first reading, it is submitted for Council's consideration on second reading. June 28, 2019 ITEM 15. ZONING: Ordinance No.2019-07- To Amend the Zoning Map of the City of North Augusta,South Carolina by Rezoning±2.41 Acres of Land Owned by the City of North Augusta,and Located at 1220 and 1220'/:Georgia Avenue,Aiken County Tax Parcels#007-07-06-003 and 007-07-06-004,From R-14, Large lot Single-Family Residential,to P,Public Use. A. Ordinance, First Reading An ordinance has been prepared for Council's consideration to amend the zoning map of the City of North Augusta, South Carolina by rezoning 12.41 acres of land owned by the City of North Augusta,and located at 1220 and 1220 '/:Georgia Avenue,Aiken County tax parcel#007-07-06-003 and 007-07-06-004,from R-14,Large Lot Single-Family Residential,to P,Public Use. Please see ATTACHMENT#15A for a copy of the proposed ordinance. Please see ATTACHM ENT#15B for a copy of the Department of Planning and Development's Memorandum#18-011 and Project Staff Report RZM I8-001 Fire Station Rezoning Request received for information by Council on June 4,2018. B. Ordinance,Second Reading Pending Council's passage of the ordinance on first reading, it is submitted for Council's consideration on second reading. ATTACHMENT #5 RESOLUTION NO. 2019-19 �. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE LOW BID OF BEAM'S CONTRACTING INC. FOR THE WALNUT LANE RECONSTRUCTION PROJECT WHEREAS, on May 23, 2019, an Advertisement for Bids for the Walnut Lane Reconstruction Project was published on the City's website and in South Carolina Business Opportunities(SCBO);and WHEREAS, on June 13, 2019, two (2) sealed bids were received, publicly opened and read aloud; and WHEREAS,the low bid by Beam's Contracting,Inc.is in the amount of$718,630.26; and WHEREAS,the Mayor and City Council of the City of North Augusta find that the awarding of such bid is in the best interest of the City. 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 that Beam's Contracting, Inc. shall be awarded the contract for the Walnut Lane Reconstruction Project at a bid amount of$718,630.26. C BE IT FURTHER RESOLVED that construction contingency funding shall also be provided in the amount of$18,869.74. BE IT FURTHER RESOLVED that the funding sources for this contract shall be as follows: 2019 Budget Acct#30-4220-304 $ 493,565.00 Transportation Improvement Fund"US#25/Walnut Lane Improvements" $ 156,363.00 Transportation Improvement Fund Un-Allocated $ 50,000.00 Sales Tax 3 Fund`Street Resurfacing"(Not to Exceed) $ 37,572.00 Total $ 737,500.00 BE IT FURTHER RESOLVED that the City Administrator is authorized to execute any documents required for the entering into of this contract. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS DAY OF JULY,2019. Robert A.Pettit, Mayor ATTEST: Sharon Lamar,City Clerk WALNUT LANE RE-CONS I RUCTION BID TABULATION project: Walnut Lane Re-Construction Date/Time:June 13,2019 at 11:00 AM Department: Engineering&Public Works project p: 2019-ENG-003 Bidder Bid Bond General Construction Pavement Markings Pvmt-Option A Pvmt-Option B Total-Opt.A Total-Opt.B Beam's Contracting Yes $91,145.00 $28,703.36 $680,058.90 $598,781.90 $799,907.26 $718,630.26 Reeves Construction Yes $196,275.00 $24,628.30 $677,557.50 $726,317.50 $898,460.80 $947,220.80 North ,t.,_\ Augusta w Welded Lane Road Reconalmdlm June l3,2.19 GENEMLCONSEIUCEION Beam's Reeves Bidder Sid1:1 Beam's REM DESCRIPTION QUANTITY UNIT PRICE TOTAL UNI PRICE TOTAL UNIT PRICE TOTAL Odder2 Reeves 1 MPbllization 1 LS $33,4fi6.00 $32,4...00 $4.,50000 $.4,500.00 50110 Bidder 2 ireRC Control 1 LS $59054.00 $54,054.00 $1.1,525.00 $141,52500 $0.00 3 1cmdoustron Sury 1 1 IS $3,42500 53,425.00 57,000.00 57,000.00 $0 DO 4 Remove and Re las&istin [onsite Z5 5F $48.00 $1,2ULM $13000 $3,250.00 $DOD Summused-General Lbnrtmatbn: ......AN; 196,22500 .00 PAVEMENT MMRINGS Beams Keever BMdes3 ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL UNR PRICE TOTAL UNTPRICE TOTAL 1 24"White Saild Lines(STOP) 27 LF $10.40 $280.00 $8.50 $229.50 50.00 2 4-Dnuble Yelmw Centerline rm) 4,250 LF $1.10 $4,67S.00 5090 $3,825.00 $DAD 3 4'Double Yellow Centedlne(tem . 4,250 LF $0.38 $1,615.00 $(L30 51,275.00 SO.00 a 4-White sole line( orn.) 7,575 LF $055 $4,16625 $OAS $3,408.75 $000 5 a-White sola line tem .) 7,525 LF $020 $1,51500 $0.15 $1,136x5 5000 6 4'Broken"Re lines(Ski95 LF $122 $115.90 $1.00 $95.00 $000 ] 4'Broken who,lines(Dash) 385 LF $1.22 $469.70 51.00 $385.00 $000 9 8-White solid Ones(vosswalk 150 LF $361 $541.50 $2.95 $44250 $000 9 Permanent Yellow Pavement Markers A EA $1223 $69].11 $10.00 $570,00 $DOD 10 Lane Drop Arrow 8 EA $10346 $1,46268 $150.00 $1,200.00 $000 11 Right Tum Arms, 10 EA $122.30 $1,22300 $100.00 $1,000.00 $000 12 Whle ward message"ONLY" 7 EA $18346 $1,284.22 $150.00 $.05000 $DAO 13 Textured Thermo IasOr Crosswalk442 SF $24.10 $10,65220 $22.65 $10,011.30 $0.00 Subsidies vement Medium: earelioi 628.30 $0.00 PAVEMENT OPTION Beam's Renta Bidde REM DESCRIPTION I QUAN7RV UNI PRICE TOTAL UNR PRICE TOTAL UNIT PRICE TOTAL 1 HMA Surfure,Tyre,0 3,500 1 TON $93.0] 5325,745.00 588.00 $308,000.00 $000 2 HMABaseT eA 3,300 TON $84.84 $2]9,9]200 585.00 1 $280,SLIO.00 $OD0 3 Removal of Ens[re Pavement 1 12,215 1 $0,14990 $5.50 1 $67,18250 $0.00 4 Exeavmipn for Sher der Pavin 1000 I SY 58,94 $0.940.00 $4.10 1 $4,100.00 $u.00 5 Variable Depth Milling 1 2,155 1 5Y 54,00 $8,620.00 $5.00 $10,775.00 6 Shoulder Fill 1 LS $9,63300 $9,63200 $7,000.00 $7,000.00 $0.00 SUMouI-Pevemem Optbn A: 680,058.90 7,55].50 0.00 PAVEMEM OPTIONS Beam's Renta ..ties 3 ITEM DESCRIPTION QUA MIIY UNRPRICE TOTAL UNR PRICE TOTAL UNRPRICE TOTAL 1 HMA Surfacer B 3,500 TON $93.0] 5325,745.00 $88.00 $300,00000 $0.00 2 0"GABC MI $56.7] $198,695.00 $80.00 S28O.OD1OD SO= 3 Removal of Existing Pavement $3.86 $47,149.90 $9.50 $116,042.50 $000 4 E.raeauion for Shoulder Posing $8.94 $8,9.0.00 $4.50 $4,500.00 Sam 5 Variable Depth Millin Sy $400 $8,620.00 $500 $10,77500 $0.00 6 Shoulder Fill $9,63200 $9,63200 $7,00000 $7 000.00 $000 Subtotal-Perimeter Option 0: 598,781.9011 $726,317.50 .W ADDIIONALIEMS Beam's Retries BMtler3 NEM DES01KION QUANTITY UNITPRICE TOTAL UNIT PRICE TOTAL UNITPRICE I OTAL 1 1 Removal of Unsuitable Subgmde CV $1800 $000 $2000 1 $0.00 I I $0.00 2 1 GMCmre Late U...itabI.S.bgrade I I 1Y $S6.A $0.00 $9000 $0.00 $0.00 ATTACHMENT #6 RESOLUTION NO. 2019-20 AUTHORIZING THE CITY TO ACCEPT A GRANT OF $20.000 FROM THE STATE OF SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE UTILIZED IN PURCHASING PUBLIC PLACE RECYCLING STATIONS AND PROVIDING PUBLIC EDUCATION. WHEREAS, the City has previously applied to the State of South Carolina Department of Health and Environmental Control (SCDHEC) for a grant being provided to purchase public place recycling stations and provide public education; and, Whereas,the City will utilize the$20,000 grant for costs related to the purchase of the recycling stations and public education; and, Whereas, the City is agreeable to providing public education as well as servicing the recycling stations to enhance our solid waste program and services. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of North Augusta, South Carolina, have determined the following: 1. That it is in the best interest of the City to accept the $20,000 grant being offered to the j City from SCDHEC to purchase the recycling stations and provide public education. 1 C 2. That the requirements of the grant, related to the purchase of the recycling stations and providing public education,are reasonable and the City is capable of complying with such requirements. 3. That this is a reimbursement grant of 100% and funds will initially come from the Sanitation Fund not to exceed $20,000. 4. That the City Administrator is specifically authorized to execute any and all documents required by SCDHEC for the purpose of accepting such grant. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS DAY OF JULY,2019. Robert A. Pettit, Mayor ATTEST: Sharon Lamar,City Clerk O Y Y 1��� •Y1� _� r waste cak ATTACHMENT #7 Department of Planning and Development Memorandum # 19-005 To: B. Todd Glover, City Administrator From: Libby Hodges, AICP, Director of Planning and Development Subject: ANX 19-001 —Annexation of±5.42 acres located in Bradley Terrace Date: February 26, 2019 Summer Lakes Development, LLC, owners of Aiken County Tax Parcel Numbers 012- 14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06-069, 012-14-06-070, 012-14-06- 074, 012-14-06-075, 012-14-06-076, 012-14-06-084, 012-14-06-085, 012-14-08-007, 012-14-08-008, 012-14-08-009, 012-14-08-010, 012-14-08-011, 012-14-06-068, 012- 14-06-073, 012-14-06-077, 012-14-06-082, and 012-14-06-071 have requested that the City annex ±5.42 acres of property located on Bradley Drive, Thaxton Court, and Bradley Court so that the site can be served by the City. The property's contiguity is shown on the attached "Exhibit A". If annexation is approved, the site will be used for residential development. The parcel is proposed to be zoned R-7, Small Lot Single-Family Residential as shown on the attached "Exhibit B". The requested zoning, R-7, is inconsistent with the future land use classification of the property, Low Density Residential, as specified in the Land Use Element of the 2017 Comprehensive Plan, so it has been reviewed by the Planning Commission for recommendation to the City Council. The Planning Commission, on a vote of 8-0, voted in favor of a recommendation to City Council to accept the petition for annexation with the requested R-7 zoning. The original executed annexation petition, signed by the owner, is attached along with the two exhibits. The exhibits were prepared by City staff and are dated February 6, 2019. Digital copies of the petition and exhibits have been forwarded to the City Clerk. Please schedule the annexation petition and ordinance for City Council consideration at the next available meeting. Department of Planning North Augusta\ and Development SoUth Carc0ilnaS Riverfrom Project Staff Report ANX19-001 Bradley Terrace, Aiken County Prepared by: Libby Hodges Meeting Date: February 21, 2019 SECTION 1: ANNEXATION REQUEST SUMMARY Address/Location Bradley Terrace: Bradley Drive,Thaxton Court, Bradley Court Parcel Number 012-14-06-065,012-14-06-066,012-14-06-067, 012-14-06-069,012-14-06-070,012-14-06-074, 012-14-06-075,012-14-06-076,012-14-06-084, 012-14-06-085,012-14-08-007,012-14-08-008, 012-14-08-009,012-14-08-010,012-14-08-011, 012-14-06-068,012-14-06-073,012-14-06-077, 012-14-06-082,and 012-14-06-071 Total Development Size 2 5.42 acres Zoning Requested R-7,Small Lot,Single Family Residential Future Land Use Low Density Residential SECTION 2: PLANNING COMMISSION CONSIDERATION The City of North Augusta has received a request to annex several parcels owned by Summer Lakes Development, LLC. The Planning Commission is being asked to make a recommendation regarding the zoning classification of this property prior to annexation. NADC 418.3.7 Additional Reviews 18.3.7.3 Annexation—All proposed annexations,where the requested zoning is inconsistent with the Land Use Element of the Comprehensive Plan or differs from zoning on adjacent property, shall be reviewed by the Planning Commission for conformity and consistency with the Comprehensive Plan and recommendations regarding the zoning to be applied to the property to be annexed shall be forwarded to the City Council in accordance with the Planning Commission recommendation procedures specified in Article 5, Approval Procedures. L Page 1 of 6 Proiect Staff Report ANX19-001 Bradley Terrace Prepared by: Libby Hodges CMeeting Date: February 21,2019 SECTION 3: EXISTING SITE CONDITIONS Existing Land Use Future Land Use Zonin¢ Subject Parcel Vacant Low Density Residential n/a (Aiken County) North P- Public,CR -Critical Low Density Residential n/a (Aiken County) South Single Family Low Density Residential n/a (Aiken County) Residential and Utility East Single Family Low Density Residential n/a (Aiken County) Residential West Single Family Low Density Residential n/a (Aiken County) Residential SECTION 4: STAFF EVALUATION AND ANALYSIS .— All of the parcels proposed for annexation are vacant at this time. R-7, Small Lot, Single Family �✓ Residential is described as the following: 3.3.2.2 R-7,Small Lot Single-Family Residential District—The purpose of this district is to provide for a variety of single-family housing types on small lots to meet market demands for smaller lot developments. It is also the intent of this district to balance higher densities with common open space. The following uses are allowed in an R-7 zoning district: Primary Uses: • Duplex • Patio Homes • Single-family Detached Dwelling • Townhouse • Zero Lot-Line Units • Tourist Homes • Churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services (subject to 4.9) • Open space, park, or active recreational uses operated on non-commercial basis Page 2 of 6 Project Staff Report ANX19-001 Bradley Terrace Prepared by: Libby Hodges ,.�. Meeting Date: February 21, 2019 • Swimming Pool • Cemeteries • Telephone exchange and repeater stations • Utility lines(including electric lines, phone and cable lines,distribution circuits,gas and fuel lines, water lines, steam and air conditioning lines, irrigation channels, and sewer and waste water lines) Accessory Uses: • Accessory uses as allowed in Article 4 and this stable (Table 3-2, Use Matrix) • Bus Shelters • Storage of construction equipment, outdoor, incidental to construction activities. • Accessory Dwellings(carriage houses,granny flats, echo homes,subject to 4.4) • Home Occupations • Community Centers, meetings halls, community halls, reception halls, wedding halls,for assembly and recreation • 6 Studios for artists, designers, musicians, photographers, sculptors (not as home occupation) • Parking lots, parking structures or underground parking areas Conditional Uses: • Group Homes, Non Exempt (subject to 4.13) • Child Care • Private or non-profit clubs,including country clubs,athletic clubs, lodges,fraternal organizations, and swimming clubs on a noncommercial membership basis. Includes social,fraternal, social service, union and civic organizations • Schools,academic, nursery and preschool,grade schools,elementary,middle,and high school Private boat docks, boat houses, or marinas • Agricultural uses including raising crops, horticulture, orchards, forestry, and related uses, excluding livestock, unless otherwise listed in this matrix Special Exception Uses: • Cell towers,communication towers, and antennae (subject to §4.8) (Rev. 12-1-08; Ord. 2008-18) • Gas or electric generation distribution facilities, compressor stations, or substations Based on these descriptions and nearby similarly zoned properties within the city limits, staff L. believes allowing R-7,Small Lot, Single Family Residential zoning for the property is appropriate. Page 3 of 6 Project Staff Report ANX19-001 Bradley Terrace Prepared by: Libby Hodges P— Meeting Date: February 21, 2019 SECTION 5: ATTACHMENTS Aerial Application materials(4 pages) Future Land Use Exhibit A (from petition) CC. Cliff Russell, lcliff.carbon@Dgmaii.com Page 4 of 6 Proiect Staff_rt ANXz Bradley__ Prepared by: Libby Hodges Meeting : February» z � � | Page - � \ : s. . « � � w K � q � 5« Project Staff Report ANX19-001 Bradley Terrace Prepared by: Libby Hodges Meeting Date: February 21, 2019 EXHIBITA i \ Inside City T.P.N.012-1406-065.012-14-08-086,012-14-06-067, l 01214-06-089,012-14-06-070,012-14-06-074. 012-14-06-075, 012-14-0&076,012-14-06-084. 012-14-OB-085,012-14-08-007,012-14-08-008, 012-14-08-009,012-14-08-010,012-14-08-011. 012-1446-068,012-14-06-073,012-14-06-077, 012-14-06-082.and 012-14-0&071 iAppmxlmetely 5 4 Acres RusMW LI G I nnroer e outside City op, I 1 e North � ANX19-001 MAP PROPERTY Au usta SOUGHT OFBE ANNEXED TO Oti+anh In,c/nx n THE CITY OF NORTH AUGUSTA 2W019MF— Page 6 of 6 ATTACHMENT #8A RESOLUTION NO. 2019-21 Y" TO ACCEPT A PETITION FOR ANNEXATION OF±5.42 ACRES OF PROPERTY LOCATED ALONG BRADLEY DRIVE,THAXTON COURT AND BRADLEY COURT AND OWNED BY SUMMER LAKES DEVELOPMENT LLC WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete";and WHEREAS,the governing body of the City of North Augusta determines it to be in the best interest of the City to accept a petition for annexation attached hereto dated February 9,2019. The property sought to be annexed is described as follows: Being all that certain piece, parcels, or tracts of land,with any improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina and being shown and designated as Lots 4, 5,6, 8, 9, 13, 14, 15,23 & 24 of Block C, of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina,in Deed book 4730,pages 1605-1607. That being the same as the piece, parcels or tracts of land conveyed from Bradleyville, LLC to 30901 Development Corporation recorded in the RMC Office of Aiken County, South Carolina in Deed Book 2412, page 304 and corrected in Book 4051,page 1101. Tax Parcel Numbers: 012-14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06-069, 012-14-06-070, 012- 14-06-074,012-14-06-075, 012-14-06-076, 012-14-06-084,and 012-14-06-085 And Being all that certain piece, parcels, or tracts of land,with any improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina and being shown and designated as lots 28B, 29B, 30B, 318, 32B, 7C, 12C, 16C, and 21C of Bradley Terrace Subdivision as conveyed to Summer Lakes Development,LLC,in the RMC Office of Aiken County, South Carolina, in Deed book 4728, pages 246-248. That being the same as the piece, parcels or tracts of land conveyed from Bradleyville, LLC by deed of William H. Presley and Joel T. Presley dates 12/30/2002, recorded in the RMC Office of Aiken County, South Carolina, Deed Book 2269, page 163. Tax Parcel Numbers: 012-14-08-007, 012-14-08-008, 012-14-08-009, 012-14-08-010, 012-14-08-011, 012- 14-06-068, 012-14-06-073, 012-14-06-077,and 012-14-06-082. T RESOLUTION NO. 2019-20 Page 2 And Being all that certain piece, parcels, or tracts of land, with any improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina and being shown and designated as lot IOC as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina, in Deed book 4740, pages 1511-1513. That being the same as the piece, parcels or tracts of land conveyed to Joel Presley by deed of Melvin A. Baskett dated May 25, 2010, recorded the RMC Office of Aiken County, South Carolina, in Book 4311,page 441. Tax Parcel Number: 012-14-06-071 The property to be annexed is also shown on a map identified as "Exhibit A" titled "Map of Property Sought to be Annexed to the City of North Augusta" dated February 6, 2019,and prepared by the City of North Augusta. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of North Augusta in meeting duly assembled and by the authority thereof that the Petition to annex the property described herein is hereby accepted. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS DAY OF JULY,2019. �.r Robert A. Pettit,Mayor ATTEST: Sharon Lamar,City Clerk -'� STATE OF SOUTH CAROLINA ) PETITION FOR ANNEXATION OF±5.42 ACRES OF LAND LOCATED ALONG BRADLEY DRIVE,THAXTON COURT AND BRADLEY COURT COUNTY OF AIKEN ) AND OWNED BY SUMMER LAKES DEVELOPMENT,LLC We the undersigned, as freeholders and as purchaser under contract of property located along Bradley Drive,Thaxton Court and Bradley Court,do respectfully petition the City Council for the City of North Augusta, South Carolina, for annexation of the hereinafter described property into the municipal corporate limits of the City of North Augusta, South Carolina. This petition is submitted in accordance with Title 5-3-150(3)of the Code of laws of South Carolina, 1976,as amended. The properties sought to be annexed are described as follows: Being all that certain piece, parcels, or tracts of land, with any improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina and being shown and designated as Lots 4, 5, 6, 8, 9, 13, 14, 15,23 &24 of Block C,of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina,in Deed book 4730,pages 1605-1607. That being the same as the piece, parcels or tracts of land conveyed from Bmdleyville, LLC to 30901 Development Corporation recorded in the RMC Office of Aiken County, South Carolina in Deed Book 2412,page 304 and corrected in Book 4051,page 1101. Tax Parcel Numbers: 012-14-06-065,012-14-06-066,012-14-06-067,012.14-06-069,012-14-06-070,012-14-06-074, 012-14-06-075, 012-14-06-076,012-14-06-084,and 012-14-06-085 And Being all that certain piece, parcels, or tracts of land, with any improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina and being shown and designated as lots 28B, 29B, 30B, 31B, 32B, 7C, 12C, 16C, and 2IC of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina,in Deed book 4728,pages 246-248. That being the same as the piece, parcels or tracts of land conveyed from Bradleyville, LLC by deed of William H. Presley and Joel T. Presley dates 12/30/2002, recorded in the RMC Office of Aiken County, South Carolina,Deed Book 2269,page 163. Tax Parcel Numbers: 012.14-08-007,012-14-08-008,012-14-08-009,012-14-08-010,012-14-08-011,012-14-06-068, 012-14-06-073,012-14-06-077,and 012-14-06-082. C ANX19-001—Bradley Terrace, Summerlakes Development Page 2 And Being all that certain piece,parcels,or tracts of land,with any improvements thereon, situate,lying and being in the County of Aiken,State of South Carolina and being shown and designated as lot 1 OC as conveyed to Summer Lakes Development,LLC,in the RMC Office of Aiken County, South Carolina,in Deed book 4740,pages 1511-1513. That being the same as the piece,parcels or tracts of land conveyed to Joel Presley by deed of Melvin A.Baskett dated May 25,2010,recorded the RMC Office of Aiken County, South Carolina, in Book 4311,page 441. Tax Parcel Number: 012-14-06-071 The property to be annexed is also shown on a map identified as"Exhibit A"titled"Map of Property Sought to be Annexed to the City of North Augusta"dated February 6,2019,and prepared by the City of North Augusta. �{ This petition dated the ___ ._ day of e�1 71019. PromdN Representative Signatures Owner/Representative EXHIBIT A 4 e d 9� e W K�haw Or Inside City T.P.N. 012-14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06-069, 012-14-06-070, 012-14-06-074, 012-14-06-075, 012-14-06-076, 012-14-06-084, 012-14-06-085, 012-14-08-007, 012-14-08-008, 012-14-08-009, 012-14-08-010, 012-14-08-011, 012-14-06-068, 012-14-06-073, 012-14-06-077, 012-14-06-082, and 012-14-06-071 Approximately 5.42 Acres C Rushton Ct G` (J eac ! ky Cr Outside City io S o / �a VC 6 C 0 i zsc North �-`� ANX19-001 {A� MAP OF PROPERTY Augusta SOU7 F GHT TO BE ANNEXED TO vo ��� a 230 South cluroliaa'.s RitwrGoat THE CITY OF NORTH AUGUSTA ATTACHMENT #8B ORDINANCE NO. 2019-05 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING f 5.42 ACRES OF PROPERTY LOCATED ALONG BRADLEY DRIVE,THAXTON COURT AND BRADLEY COURT AND OWNED BY SUMMER LAKES DEVELOPMENT, LLC WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina provides that: 'Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete"; and WHEREAS, the Mayor and City Council of the City of North Augusta, by adoption of Resolution No. 2019-21 dated July 1, 2019, accepted a Petition for Annexation and wish to annex the below described properties; and WHEREAS, the zoning classification recommended for the properties proposed for annexation has been reviewed for consistency with the Future Land Use Classification of the properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive Plan; 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: I. The following described property shall be annexed into the City of North Augusta: Being all that certain piece, parcels, or tracts of land, with any improvements thereon,situate,lying and being in the County of Aiken,State of South Carolina and being shown and designated as Lots 4, 5,6, 8,9, 13, 14, 15, 23 &24 of Block C,of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina, in Deed book 4730,pages 1605- 1607. That being the same as the piece, parcels or tracts of land conveyed from Bradleyville, LLC to 30901 Development Corporation recorded in the RMC Office of Aiken County, South Carolina in Deed Book 2412, page 304 and corrected in Book 4051,page 1101. Tax Parcel Numbers: 012-14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06-069, 012-14-06-070, C012-14-06-074,012-14-06-075,012-14-06-076,012-14-06-084,and 012-14-06-085 And Being all that certain piece, parcels, or tracts of land, with any improvements C thereon,situate,lying and being in the County of Aiken,State of South Carolina and being shown and designated as lots 28B, 29B, 30B, 31 B, 32B, 7C, 12C, 16C, and 21C of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina, in Deed book 4728, pages 246-248. That being the same as the piece, parcels or tracts of land conveyed from Bralleyville, LLC by deed of William H. Presley and Joel T. Presley dates 12/30/2002, recorded in the RMC Office of Aiken County, South Carolina, Deed Book 2269,page 163. Tax Parcel Numbers: 012-14-08-007, 012-14-08-008, 012-14-08-009, 012-14-08-010, 012-14-08-011, 012-14-06-068, 012-14-06-073,012-14-06-077,and 012-14-06-082. And Being all that certain piece, parcels, or tracts of land, with any improvements thereon,situate,lying and being in the County of Aiken, State of South Carolina and being shown and designated as lot IOC as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina, in Deed book 4740, pages 1511-1513. That being the same as the piece, parcels or tracts of land conveyed to Joel Presley r'^ by deed of Melvin A. Baskett dated May 25, 2010, recorded the RMC Office of �./ Aiken County, South Carolina, in Book 4311,page 441. Tax Parcel Number: 012-14-06-071 The property to be annexed is also shown on a map identified as "Exhibit A" titled "Map of Property Sought to be Annexed to the City of North Augusta" dated February 6,2019,and prepared by the City of North Augusta. 11. The zoning classification recommended for the properties to be annexed has been reviewed by the Planning Commission for consistency with the Future Land Use Classification of the properties as specified in the North Augusta 2017 Comprehensive Plan;therefore,the properties shall be zoned R-7,Small Lot Single-Family Residential as shown on a map identified as "Exhibit B" titled"General Commercial Zoning of Property Sought to be Annexed to the City of North Augusta" dated October 31, 2018 and prepared by the City of North Augusta. 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. C O DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF JULY, 2019. First Reading: Second Reading: Robert A. Pettit,Mayor Third Reading: ATTEST: Sharon Lamar, City Clerk G r EXHIBIT B n 0 (� a y acs 4 0 9 L P°dJtlo i N N w Kershaw 0or CR P Inside City Rushton Ct G t�oa R-] Sca edtl/e�,C! T.P.N. 012-14-06-065, 012-14-06-066, 012-14-06-067, 012-14-06-069, 012-14-06-070, 012-14-06-074, 9 012-14-06-075, 012-14-06-076, 012-14-06-084, W, 012-14-06-085, 012-14-08-007, 012-14-08-008, m 012-14-08-009, 012-14-08-010, 012-14-08-011, c 012-14-06-068, 012-14-06-073, 012-14-06-077, 0 012-14-06-082, and 012-14-06-071 R-7, Small Lot Single-Family Residential T Outside City mP �6 @d �Ij VC 6 C9 N NOft�� � ANX19-007 {A� R-7 ZONING OF PROPERTY V E Augt 1, SOUGHT TO BE ANNEXED TO z3a o no ... . _. . . _ .I... .... ri __ • . . .—..r—. Feet ATTACHMENT #9 Department of Planning 5 and Development Memorandum # 19-012 City of North Augusta To: B. Todd Glover, City Administrator /�� From: Libby Hodges, AICP, Director of Planning and Developmerii�'ij�C/ Subject: Carolina Avenue Right-of-Way Abandonment �/ Date: June 26, 2019 On June 20, 2019, after a duly advertised and convened public hearing, the Planning Commission considered Application RWA19-001, a request by Paul D. Brewer and Barbara C. Coleman to abandon a ±0.02 acre portion of unnamed right-of-way located at the rear of their property at 812 Carolina Avenue. The Planning Commission voted unanimously to recommend the alley abandonment for approval by City Council. A draft ordinance approving the right-of-way abandonment is attached and an electronic copy has been forwarded to the City Clerk. Please schedule the ordinance for consideration by City Council at the next available meeting. Department of Planning North " Augusta and Development South Carolina's Riucrfr<av _ Project Staff Report RWA19-001 Carolina Ave Alley Abandonment Prepared by: Kuleigh Baker Meeting Date: lune 20, 2019 SECTION 1: PROJECT SUMMARY Project Name Carolina Ave Alley Abandonment Applicant Paul Brewer and Barbara Coleman General Location Portion of Alley behind 812 Carolina Ave Parcel Number Behind 007-10-04-003 SECTION 2: GENERAL DESCRIPTION On March 27, 2019, the Planning and Development Department received an application from Paul Brewer and Barbara Coleman requesting the abandonment of a ±0.02 acre portion of unnamed right-of-way located at the rear of their property at 812 Carolina Avenue. The section of alley sought to be abandoned is indicated as Parcel "A"on a plat prepared for Paul D. Brewer and Barbara C. Coleman by George L. Godman &Associates dated June 22, 2005. SECTION 3: PLANNING COMMISSION CONSIDERATION The Planning Commission is being asked to review the request for a right-of-way abandonment based on the following provisions of the North Augusta Development Code: 18.3.7.2 Street Abandonment—All applications for the abandonment of a street or other public right of way shall be considered by the Planning Commission for conformity and consistency with the Comprehensive Plan and recommendations regarding the requested abandonment shall be forwarded to the City Council in accordance with the procedures specified in Article 5, Approval Procedures. 1 Project Staff Report RWA19-001 Carolina Ave Alley Abandonment Prepared by: Kuleigh Baker Meeting Date:June 20,2019 SECTION 4: PUBLIC NOTICE Per NADC Table 5-1, a notice of the right-of-way abandonment request and scheduled date of the Planning Commission public hearing was mailed to the owners of property within 200 feet of the subject property on April 29, 2019. A public notice of the right-of-way abandonment request and scheduled date of the Planning Commission public hearing was published in The North Augusta Star and on the City's website www.northougusto.net on May 1, 2019. Due to a publication error, a notice of the cancellation of the May 16, 2019 public hearing was mailed to neighboring property owners on May 8, 2019. A public notice of the right-of-way abandonment request and rescheduled date of the Planning Commission public hearing was published in the North Augusta Star and on the City's website www.northougusta.net on May 29, 2019. SECTION 5: HISTORY The alley is not currently in use or maintained by the City. The alley ends at the southern-most extent of parcel number 007-10-04-003 and the applicant has proposed a quitclaim deed with �.. the owner of 811 West Avenue for full ownership after this portion is abandoned. SECTION 6: STAFF RECOMMENDATION The current Comprehensive Plan does not provide any specific recommendations for the abandonment or continued use of the City's existing alleyways. Planning Staff are not aware of any plans containing references to this portion of the alley system in North Augusta. The requested right of way abandonment will facilitate appropriate residential development of the block between Carolina Ave and West Ave and encourage accessory uses near Downtown as outlined in Chapter 6, Stable, Diverse & Walkable Neighborhoods of the 2017 Comprehensive Plan while still being consistent with the Future Land Use classification, Low Density Residential. Staff finds the request to be generally in conformity with the goals of the plans. SECTION 7: ATTACHMENTS 1. Public Notice 2. Application Documents Page 2 of 2 North 3J� Augusta\ Youth Carolino'_c Riuerfront City of North Augusta May 8, 2019 RE: Rescheduled Public Hearing for Proposed abandonment of unnamed alley right-of-way behind 812 Carolina Ave. Please note: Your property is not included in the alley abandonment request. You are receiving this notice only because you own property within 200 feet of the proposed project area. Dear North Augusta Property Owner: A request has been received from Paul Brewer and Barbara Coleman for the abandonment of a ±0.02 acre section of unnamed alley located between Carolina Ave. and West Ave. at the rear of 812 Carolina Avenue. Due to a publication error,the public hearing originally scheduled for Thursday, May 16, 2019 has been cancelled and rescheduled to Thursday, June 20, 2019. The North Augusta Planning Commission will hold a public hearing at its regular monthly meeting beginning at 7:00 PM in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina. You are welcome and encouraged to attend and participate in this public hearing. Following the public hearing, the Planning Commission will vote on the request and make a recommendation to City Council about the abandonment. Copies of the application and related documentation will be available for public inspection on or after June 14, 2019 in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina. A map of the project area is enclosed, along with a copy of the public hearing notice that will be published in The Star on May 29, 2019. If you have any questions about this application or need additional information, please contact the Department of Planning and Development at 803-441- 4221. Sincerely, Libby Hodges, AICP Director Department of Planning and Development r - . #. . . - Ira City of North Augusta, South Carolina Planning Commission PUBLIC HEARING NOTICE The North Augusta Planning Commission will hold public hearings at its regular monthly meeting beginning at 7:00 PM on Thursday, June 20, 2019, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following applications: RZT 19-002 — A request by Mountaineer Pest Services to amend Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts, of the North Augusta Development Code to amend the NP, Neighborhood Preservation Overlay District to remove properties from overlay requirements. RZT 19-003 — A request by the City of North Augusta to amend Article 13, Signs, of the North Augusta Development Code. RWA 19-001 — A request by Paul Brewer and Barbara Coleman to abandon a section of an unnamed alley at the rear of 812 Carolina Avenue, 10.02 acres. Documents related to the applications will be available for public inspection on or after Friday, June 14, 2019 in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 803-441-4221. All citizens and property owners interested in expressing a view on any matter that is the subject of a public hearing are encouraged to attend. CITIZEN ASSISTANCE: Individuals needing special assistance or a sign interpreter to participate in the meeting are asked to please notify the Department of Planning and Development at 803-441-4221 at least 48 hours prior to the meeting. Application for Development Approval North . Augusta Please type or print all information Sourh Carolina's Riverfronr Staff Use Application Number h- WA- 19.-00 1 Date Received 3f Lia If Review Fee 100 - _ Date Paid 3f Z'1 JI q Gku I l5 5 1. Project Name Alley P bas'1 doh+'/nt1,,-r Project AddresslLocation Total Project Acreage D �— Current Zoning j� " Tax Parcel Number(s) DD 's rr//O D y 0,93 2. Appllcant(OwnerName ,,- ) y7"Gr.1C✓ _. Applicant Phone 706 23rd 5z9'o Mailing Address SI/e2 r z r c ling 4,,e-- city P, A,�.slh ST 5,1- Zip ;?1WY1 Email Pl+v�. ��tv.1Pr12 el�Nar•yl�.�+t� 3. Is there a Designated Agent for this project? Yes No If Yes, attach a notarized Designation of Agent form. (required if Applicant is not property owner) 4. EnglneerlArch/itectlSurveyor G�"�Je aood .r.. - License No. C DO a 3 7 Firm Name 67e.r4e I- . r?oA rr7•nof 0553 Firm Phone 7,)L 738 071/q Firm Mailing Address I;L $o /j���-e e7 , y 5 T _ city y-1���sTi1. ST EL Zip 30fO`' Email �. _. Signature Date �'��2L &)6a - 5. Is there any recorded restricted covenant or other private agreement that Is contrary to, conflicts with or prohibits the use or activity on the property that is the subject of the application? (Check one.) __ yes .W no 6. in accordance with Section 5.1.2.3 of the North Augusta Development Code, I hereby request the City of North Augusta review the attached project plans. The documents required by the City of North Augusta, as outlined In Appendix B of the North Augusta Development Code, are attached for the City's review for completeness. The applicant acknowledges that all required documents must be correct and complete o Initiate the compliance review process. 7. i3, Applicant or Designated Agent Signature Date P- i &e,-e , Print Applicant or Agent Name 12013 To: Kelly Zier/Libby Hodges Fr: Paul Brewer/Barbara Coleman Re:Alley abandonment 812 Carolina Avenue My wife and I moved to North Augusta from Richmond County about fourteen years ago because this Is where we wanted to have our permanent home.We bought a wonderful old house at 812 Carolina Avenue that was desperately in need of much TLC.We have since restored,refurbished,or rebuilt pretty much every Inch of the house and yard into the home we love. We have an unresolved issue with parking in that our driveway will not easily accommodate our vehicles.The result of this Is that we park one vehicle on the street. Carolina Avenue has a history of speeders and some reckless drivers.This recently resulted in my legally parked Porsche being rear- ended and declared a total loss. There is an unused alley on the rear of our property that hasn't been active for decades and Isn't maintained by the city.The alley ends at our southern-most property line so can never be reconnected to a street. It is therefore useless to the city.There was even a structure built on the alley that was many decades old that I recently removed. I would like the city to abandon the alley so that I can build a structure for parking my car off Carolina Avenue. I know the usual procedure when a street or alley is abandoned is to grant property to each of the adjacent land owners. I approached the owner of the property immediately behind 812 Carolina Avenue, Ben Watson of CSRA Computer at 811 West Avenue,and he agreed to a quitclaim for the alley property as he had no use for the extra property.We have executed and recorded the quitclaim deed with Aiken County. Gaining use of this unused and abandoned alley will allow me to park in the rear of our property and avoid having another car parked,and possibly struck,on Carolina Avenue. Thanks, Paul Brewer/Barbara Coleman 812 Carolina Avenue North Augusta,SC 29841 Pa u I.brewe rll(n]com0ast.net 706.836.5290 9HY2017 r' -h Augurt SC home I gis esd l , Zoning and Use opo magery kdvanced 211 200 007061801 of 007001 7010 t067A 693 L F OF 6107 06 17 007 ea 007�06n263007 t7 7oE2eW 0 0 7 0 6 2400; _. 0� ) r�n82 007I � 0"0623 tff 1 O1 BIG , 5 !rI 11 e 0070 2 0762 . O O 1300029004 0070623003 9 OW _ j 61ffi0 y 00702003 919 7062M 0070173007 910 _. . a W+�240'" �c7062<0Pt 1 423 O W70f 2?ON _ -- � 0070E 2S 00P 401 1B1C10 2A2B'gp4B. 663 875 °\� 2C26 4C4d +"' ."OW ' POOO_<a'�` 110 j t / 070E 23007 0070624 W7 619 i `J 07t3A 38� sft­ kl '-2 e1 _.. ' 007'003 007 /� 91 5A 5B / 1004001 n scso 6Ced ew t0, 697 ( J aat en: n I ' �2j3�16 toe i, �`� ! �\ E,2 > I IJ 0077004000.1 Cf 432 �� / 'n7700 276 213 /714� �- G 604 e0� d 312 �^° 1 007100403 \ o°1 0072001007 1 60003"79003 n i o 0R ,I710 9079009 a7. \�� � NAGIS" L� h3p172O6.74.124.9WPAAC earCW 1/1 _. `..�� � _�� z��. �:__. ,, . • • �r w ,�,. '� � �� .t , F ,_,a;.: • R- 7 Nub. P.�� ° L � ' vr'F� ws1 sfa. /)1 PiG . ��oC�q Lf � n°rf qce l�u.Sf� . Ne�i .�/ o iv I N N , . TO BEA x n 11- H CALCULATED FOR CLOSURE 71.4 x 17.6 0 0 77 5 I AND FOUND TO BE ACCURATE ORE THAN ONE FOOT 000 FEET. PORCH DATE OF FIELD SURVEY: �_I m 6-22-2005 i •sr o y<,' o < z 331.48• ALONG R/W TO INT. OF R/W �zp OF NY)OOLAWN AVE. (PLAT DIST.) ' ,p U- 1/z'0 O.T.P.FD. c� :`. 1/2"0 O.T.P.FD. .. .7.i PK NAIL FD IN GONG. .. F7CC. ALK '. . 5:i - 3/40TPFD., a. ;-JOINT DR J•`N CARO N.1, _� CURB �� �G\S T NO. 6268 O 9 CAROLINA AVENUE - 100' R1W PROFESSIONAL NOTE: -DPTAIr2' 2 THIS LOT IS SUBJECT TO ALL EASEMENTS AND R� SETBACKS OF RECORD (ASP. PAVING) WHETHER SHOWN HEREON OR NOT. NOTE: FILE: 3-14 A.-2 CURRENT F.I.A. MAPS DO NOT PLACE THIS LOT DATA: 970, F.B. 2005-02, PG. 13 IN THE 100 YR. FLOOD PLAIN, SEE: 808 CAROLINA AVE. (ST.) PLAT Seale: 1' - 30' PAUL D. BRENER & BARBARA C. COLEMAN f O r : I Dote: 6-22-2005 Description: PROPERTY LOCATED AT 812 CAROLINA AVENUE, BEING LOT 3 AND J•`� CARO( A PORTION OF LOT 4, BLOCK 16, CITY OF NORTH AUGUSTA S/D. [�6 �9 COUNTY OF: AIKEN STATE OF: SOUTH CAROLINA GEIXtCE L CODMAN Z e 4GEORGE L. GODMAN & ASSOCIATES UND WRV YND ~ -- NO 0=37 GEORGIA REGISTERED LAND SURVEYOR 1977 C �� 2 SOUTH CAROLINA REGISTERED LAND SURVEYOR 6268 qrF OF PAZ 1280 MERRY STREET AUGUSTA, GEORGIA PHONE: (706) 738-0749 30904 EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: TOPCON GPT-3003 00'-00'-03"/STA. (( \ RADIAL TRAVERSE ADJUSTMENT: NONE ATTACHMENT #10 A`+ ORDINANCE NO. 2019-09 ABANDONING A PLATTED,BUT UNOPENED,UNIMPROVED ROAD RIGHT-OF-WAY SHOWN ON A PLAT FOR PAUL D.BREWER AND BARBARA C.COLEMAN DATED JUNE 22.2005 IN THE CITY OF NORTH AUGUSTA WHEREAS,at its regularly scheduled meeting of lune 20,2019,the North Augusta Planning Commission considered the request of property owners, Paul D. Brewer and Barbara C. Coleman, for the City to abandon a section of a platted but unopened and unimproved road right-of- way adjoining their properties; and WHEREAS, the portion of road right-of-way requested to be abandoned is shown as Parcel"A"on a plat prepared for Paul D. Brewer and Barbara C. Coleman by George L. Godman and Associates dated June 22, 2005. WHEREAS, THE Planning Commission, after reviewing the request, determined that the subject right-of-way has never been opened, never named, and never used as regular access to adjoining properties;that the City has never maintained the subject right-of-way;that the right-of- way did not have a tax parcel number nor was anyone paying taxes thereon; and that the road abandonment would not conflict with the City's Comprehensive Plan.Therefore,abandonment of the road right-of-way would be appropriate;and WHEREAS, upon completion of their review, the Planning Commission unanimously recommended to the City Council that the subject right-of-way be abandoned;and WHEREAS,the Planning Commission held a duly advertised public hearing on the requested abandonment on June 20, 2019 for the purpose of receiving input from the public on the requested abandonment;and WHEREAS, following consideration of the recommendation from the Planning Commission and any input received at the public hearing,Mayor and Council have determined that it is appropriate that the City abandon any interest in the identified road right-of-way. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council in meeting duly assembled and by the authority thereof, that the section of platted but unopened and unnamed road right-of-way described herein is hereby abandoned. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2019. FIRST READING: SECOND READING: ROBERT A. PETTIT,MAYOR THIRD READING: ATTEST: SHARON LAMAR,CITY CLERK Department of Planning ATTACHMENT #11 and Development 1 rf Memorandum # 19-013 City of North Augusta To: S. Todd Glover, City Administrator From: Libby Hodges, AICP, Director of Planning and Development Subject: Application RZT19-003, a request by the City of North Augusta to amend Article 13, Signs, of the North Augusta Development Code. Date: June 26, 2019 On June 20, 2019, after a duly advertised and convened public hearing, the Planning Commission considered Application RZT19-003, a request by the City of North Augusta to amend Article 13, Signs, of the North Augusta Development Code. The Planning Commission voted unanimously to recommend the text change for approval by City Council. Following this memo is a Public Announcement released on April 26, 2019. Within this announcement is an itemized list of the revisions within the draft. The released was revised on May 2, 2019, to acknowledge a publication error and rescheduled public hearing. An electronic copy of the ordinance, revised text and staff report has been forwarded to the City Clerk. Please schedule the ordinance for consideration by City Council at the next available meeting. PUBLIC ANNOUNCEMENT e North �--� RE: Proposed Revisions to the North Augusta L ]ugustar/ Development Code:Article 13,Signs South Carollrlo'S RluCrfrollt Date: May 2,2019 Status: For Public Release and Review Issued By: Libby Hodges,Planning and Development Director Background In response to issues with Interpretation,court rulings, unclear text,and discussions with the Planning Commission, the Planning and Development Department has completed a review of the sign regulations in North Augusta. Several revisions to the code have been made to simplify, clarify,allow for new types of signage,and allow for more diverse signage types in Downtown.Generally,the square footage for signage has remained the same or similar for most commercial and residential signage.These changes are outlined in the"Itemized Changes"below.A full draft is attached for review.In the attached draft,items in blue are relocated. Items in red are new. Purple text is relocated from the overlay district standards. Public Comments:Comments are welcome and encouraged. A"Sign Revision Preview"meeting will be held Tuesday, May 7 from 5:30 to 6:30pm in the Palmetto Room,on 4a' floor of the Municipal Building at 100 Georgia Avenue,North Augusta. Due to a publication error,the Planning Commission public hearing originally scheduled for May 16,2019 has been rescheduled for the lune 20,2019 Regular Meeting.The meeting will begin at 7pm in the Council Chambers, 3'd floor of the Municipal Building at 100 Georgia Avenue,North Augusta. Comments may be submitted In writing at the Planning and Development office in the Municipal Center,via email at planningCdnorthaugusta.mt,or in person at any public hearing. Public hearings will be held with the Planning Commission and City Council prior to the adoption of any text changes. Itemized Changes Please note:Items are grouped under headings as final formatting and numbering Is not complete. Applicability • added section clarifying what sign types require permits • added section requiring repair and replacement of dilapidated signs • clarified non-conforming signage • added severability clause Variances and Appeals • Added provision to allow staff to authorize 1o%variance under specific circumstances • Clarified the BZA can allow variances • Clarified appeals to administrative decisions Page 1 of 2 Definitions • Added several definitions based on new sign types and requirements • Relocated definitions from the text of the Article to the definitions section General Requirements • Reformatted to clarify measurements and other requirements for all signs • Added requirement for"Master Signage Plans"on large developments.The Committee felt that large developments may compete for space ortry to put too many construction signs at the main entrance of a subdivision or large development.Additionally,if there are multiple ground signs or wall signs at a location, developers and owners would need to coordinate the amount of signage to clarify and ease permitting and maintain a consistent plan throughout a development. • Signs on Public Property and Public Right-of-Way • Added provisions to clarify these signs include those held by people Signage Allowed • Reformatted to separate residential,non-residential,and downtown signage requirements • Reformatted charts to include new signage types • Added"Construction Signage"for all districts • Added restrictions on menu boards • Revised electronic readerboard language to remove color restrictions on text • Downtown allowances for temporary signs,iconic signs,murals and public art • Incorporated Georgia Avenue Overlay standards into Downtown sign standards • Revised to change percent of window signage allowed Prohibited Signage • Moved definitions into definition section, prohibitions have generally remained the same Comprehensive Plan Goals/Priorities: • Core Principle:7,A Vibrant Downtown&Riverfront • Key Initiatives:1,Develop and Implement a Downtown Master Plan • Goals and Strategies:8.1.1 Introduce Public Art into neighborhoods,public open space,parks,the Greeneway and downtown. Areas Impacted by Proposed Changes:All property within the City of North Augusta. Financial Impact to City: None anticipated. Resources for Additional Information: Planning and Development Department,www.northaugusta.net. PlanninRCdnorthaugusta.net or(803)441-4221. Page 2 of 2 Department of Planning North Augusta_ and Development South Canonnalc Riu(TIvn„ Project Staff Report RZT19-003 Article 13: Signs,Text Amendment Prepared by: Libby Hodges Meeting Date:June 20, 2019 SECTION 1: PROJECT SUMMARY Project Name Article 13,Signs Applicant City of North Augusta Proposed Text Amendment A request by the City of North Augusta to review proposed changes to Article 13: Signs in the City of North Augusta Development Code. SECTION 2: GENERAL DESCRIPTION Under the Direction of the Planning Commission,the Planning and Development Department has ti issued a revision of Article 13:Signs, in the North Augusta Development Code. SECTION 3: PLANNING COMMISSION CONSIDERATION The Planning Commission is being asked to review the request for a text amendment based on the following provisions of the North Augusta Development Code: 5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to provide the public an opportunity to be heard consistent with the adoption procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process protections such as the right of the parties to offer evidence, cross-examination, sworn testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative review hearings such as amendments to a comprehensive plan, amendments to this Chapter including the zoning provisions of this Chapter and the Official Zoning Map, and applications for a Planned Development. The order of the proceedings for a legislative hearing shall be as set forth in §5.1.4.5.b. Testimony may be presented by any member of the public, but need not be submitted underoath or affirmation.The Planning Commission and Board of Zoning Appeals may establish a time limit for testimony. 1 Project Staff Report RZT19-003 Article 13:Signs, Text Amendment Prepared by:Libby Hodges Meeting Date:June 20,2019 i 5.3.2 Applicability This section applies to any application for an amendment to the text of this Chapter or for an amendment to the Official Zoning Map. An amendment to the Official Zoning Map which reclassifies property from one zoning district to another is known as a 'rezoning." A change to the text of this Chapter is referred to as a "text amendment'. 5.3.3 Initiation This Chapter, including the Official Zoning Map and any supporting map(s), may be amended from time to time by the City Council, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any communication, the interested parties shall be supplied with the proper application form(s) by the Director. (5.3.3.1 Rezoning, does not apply, removed for brevity) 5.3.3.2 Text Amendment—Any person,property owner, board,commission, department or the City Council may apply for a change in zoning ordinance text. A proceeding for approval of a text amendment may be initiated by filing an application with the Department. The application shall be signed by the applicant and shall include the language of the proposed amendment to the text of this Chapter and the justification for the proposed change. Before any application is accepted by the Department, it is recommended that the applicant meet with a representative of the Department. The purpose of the pre-application meeting isto discuss the procedures and requirements for a text amendment request. During the conference, the Department will identify the submittal requirements. 5.3.5 Decision 5.3.5.1 The Director shall transmit the application to the Planning Commission for consideration at the next regularly scheduled monthly meeting following receipt of a complete application, provided that the complete application is submitted at least thirty (30)calendar days prior to said meeting. Notice of the public hearing shall be provided as set forth in §5.1.3. The Planning Commission shall approve or deny the zoning amendment in accordance with the procedures for a legislative hearing as set forth in §5.1.4.6. i Page 2 of 6 Project Staff Report RZf19-003 Article 13:Signs, Text Amendment Prepared by:Libby Hodges s Meeting Date:June 20,2019 5.3.5.2 At least ten (30) days' notice and opportunity to comment must be given to the public if the applicant is allowed to present oral or written comments pursuant to S.C. Code §6-29-760. 5.3.5.3 The Planning Commission shall submit its recommendation to the City Council within thirty(30) calendar days, or other period required by law, after the initial hearing date(see S.C. Code§6-29-760(A).A majority vote is required for the Planning Commission to approve,approve with conditions, if applicable,or deny a rezoning or text amendment application. A recommendation of approval with conditions of a rezoning may be submitted only if a conditional use permit is requested pursuant to§5.5. 5.3.5.4 The City Council shall consider the recommendation of the Planning Commission on each proposed rezoning and text amendment within thirty (30) days of receipt of the Planning Commission report. The City Council is not bound by the recommendation in making a final decision and may call for additional information and/or public hearing(s). 5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning or text amendment, whether enacted before or after the effective date of this section, may be made sixty (60) days after the decision of the City Council if there has been substantial compliance with the notice requirements of this section, with established procedures of the City Council and the Planning Commission and with S.C. Code §6-29. 5.3.6 Approval Criteria Whenever the public necessity, safety or general welfare justifies such action, the Planning Commission may recommend amendments to the text of this Chapter or changes to zoning district boundaries. The Planning Commission shall consider all of the factors specified in this section,at a minimum, in reviewing an application for a rezoning.The Planning Commission shall consider the factors specified in §5.3.3.2 in reviewing an application for a text amendment. The Planning Commission is being asked to review the proposed text changes and provide a recommendation of approval or denial, which will be forwarded to the City Council. Section 5.3.3.2 does not require additional standards for analysis to address in this staff report. Staff notes that the requested text changes respond to the following Comprehensive Plan Goals/Priorities: • Core Principle: 7,A Vibrant Downtown & Riverfront • Key Initiatives: 1, Develop and Implement a Downtown Master Plan • Goals and Strategies: 8.1.1 Introduce Public Art into neighborhoods, public open space, r' parks, the Greeneway and downtown. \. Page 3 of 6 Project Staff Report RZf19-003 Article 13:Signs, Text Amendment Prepared by:Libby Hodges Meeting Date:June 20,2019 SECTION 4: PUBLIC NOTICE Due to a publication error, a notice of the cancellation of the May 16, 2019 public hearing was placed on the City's website on May 8, 2019.A public notice of the text amendment request and rescheduled date of the Planning Commission public hearing was published in the North Augusta Star and on the City's website www.northougusto.net on May 29, 2019. SECTION 5: HISTORY The North Augusta Development Code was adopted by City Council on December 17, 2007, effective January 1, 2008. In response to issues with interpretation, court rulings, unclear text, and discussions with the Planning Commission,the Planning and Development Department has completed a review of the sign regulations in North Augusta. Several revisions to the code have been made to simplify, clarify, allow for new types of signage, and allow for more diverse signage types in Downtown. Generally,the square footage for signage has remained the same or similar for most commercial and residential signage. These changes are outlined in the "Itemized Changes' below.A full draft is attached for review. These revisions have been reviewed by a subcommittee consisting of volunteers from the Planning Commission with a special interest in the topic. A"Sign Revision Preview" meeting was held on May 7, 2019,to review the changes and discuss these changes with the public. SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS In the attached draft, items in blue are relocated. Items in red are new. Purple text is relocated from the overlay district standards. Since the last public release on May 2, 2019, additional minor revision in the order of the text,corrections of scrivener's errors, and minor rephrasing have been edited or added as noted in the complete text. Itemized Changes Please note: Items are grouped under headings as final formatting and numbering is not complete. Applicability • added section clarifying what sign types require permits C • added section requiring repair and replacement of dilapidated signs Page 4 of 6 Project Staff Report RZr19-003 Article 13:Signs, Text Amendment ,.. Prepared by:Libby Hodges Meeting Date:June 20,2019 • clarified non-conforming signage • added severability clause Variances and Appeals • Added provision to allow staff to authorize 10%variance under specific circumstances • Clarified the BZA can allow variances • Clarified appeals to administrative decisions Definitions • Added several definitions based on new sign types and requirements • Relocated definitions from the text of the Article to the definitions section General Requirements • Reformatted to clarify measurements and other requirements for all signs • Added requirement for"Master Signage Plans" on large developments.The Committee felt that large developments may compete for space or try to put too many construction signs at the main entrance of a subdivision or large development.Additionally, if there are multiple ground signs or wall signs at a location, developers and owners would need to coordinate the amount of signage to clarify and ease permitting and maintain a consistent plan throughout a development. • Signs on Public Property and Public Right-of-Way • Added provisions to clarify these signs include those held by people Signage Allowed • Reformatted to separate residential, non-residential, and downtown signage requirements • Reformatted charts to include new signage types • Added "Construction Signage"for all districts • Added restrictions on menu boards • Revised electronic readerboard language to remove color restrictions on text • Downtown allowances for temporary signs, iconic signs, murals and public art • Incorporated Georgia Avenue Overlay standards into Downtown sign standards • Revised to change percent of window signage allowed Prohibited Signage • Moved definitions into definition section, prohibitions have generally remained the same Page 5 of 6 Project Staff Report RZf19-003 Article 13:Signs, TextAmendment Prepared by:Libby Hodges L Meeting Date lune 20,2019 SECTION 7: ATTACHMENTS 1. Public Notice 2. Revised Text of Article 13: Signs Page 6 of 6 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions 13.1 PURPOSE AND SCOPE The purpose of sign regulations are to encourage the effective use of signs as a means of communication in the City of North Augusta; to maintain and enhance the aesthetic environment; to minimize the possible adverse effects of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. These regulations: a. Establish a permit system that allows a variety of types of signs in commercial and industrial zones, and a limited variety of signs in residential zones; b. Allow certain signs that are small and incidental to the principal use of the properties on which they are located without a requirement for permits; and c. Provide for temporary signs in limited circumstances on private property and in the public right of way. 13.2 APPLICABILITY 1. Definition a. This Article applies to any sign.A"sign" is any structure or device designed or intended to convey information to the public in written or pictorial form. 2. Prohibition a. Asign maybe erected, placed,established, painted,created or maintained in the City of North Augusta only in conformance with the standards, procedures and requirements of these regulations. All signs not expressly allowed or permitted by this Article are prohibited. 3. Permit Required a. No sign shall be placed, installed, erected or constructed on any property within the City of North Augusta until all the applicable permits, approvals and certificates required for the particular sign have been issued and approved. 4. Signs Allowed Without a Permit a. Flags and Flagpoles I. Applicability: a "Flag" means any flag, including a flag of the United States, the state of South Carolina, and any other flag sanctioned by these regulations.Any flag not meeting these conditions shall be considered a banner sign and shall be subject to regulations as such. National flags, state and municipal flags, and official flags of businesses, institutions or other organizations shall not be considered banners If displayed on a flag pole. North Augusta Development Code 13-1 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions ii. One (1) flag and flagpole is allowed on a parcel without ^ considerationoftotal signage allowed. Flags and flagpoles in excess of one (1) shall be included in the maximum square footage of allowable signage. iii. All flagpoles shall comply with the setback requirements for freestanding signs. iv. Any flag shall not exceed twenty-four(24) square feet in area. v. Flagpoles may not be flown from a pole more than the maximum height permitted in the district or forty-five (45)feet, whichever is less (see §3.5.10.3 and Table 3-4). vi. Flags must be flown in accordance with the protocol established by the Congress of the United States for the Stars and Stripes or the state of South Carolina for the state flag. b. The following types of signs to not require a permit prior to installation but must comply with any size limits or other restrictions as contained herein. These signs do not count towards the Maximum Total Signage allowed. i. Construction Signs it. Temporary Signs iii. Signs on Vacant Property iv. Identification Signs v. Accessory Signs n vi. Window Signs: Window signs do not require a permit to install, \/ however, window signage will count towards the Maximum Total Signage allowed. 5. Repair and Replacement a. All signs are to be kept in good repair. b. Any dilapidated or neglected sign shall be repaired or removed. If the Building Official deems any sign structurally un-sound, it shall be repaired or removed. 6. Non-Conforming Signs a. With a valid sign permit, a legal, non-conforming sign may be: I. Re-faced ii. Repaired Iii. Repainted, or iv. Removed for repair and remounted. b. Nothing in this section grants the right to technological upgrades such as the addition of electronic readerboards to an existing sign. Technological upgrades are the same as erecting a new sign. Changing a light source, such as changing from fluorescent to LED, with no change in appearance of the sign, is not considered a technological upgrade. c. Abandoned Non-conforming Signs shall be removed. North Augusta Development Code 13-2 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions 7. Enforcement may be carried out by the Director of Planning and Development or e^ their designee as allowed in Article 5 and the Municipal Code. �•r 8. Subdivision and New Street Signs a. As new subdivisions and developments are completed,the city will install street name and traffic control signage based on a uniform sign design adopted by the city.The applicant shall remit payment for the signs at the time of final plat application. The cost for such signs shall be determined by the City of North Augusta. 9. No Content Restrictions a. Notwithstanding any other provision of this Chapter, no sign shall be subject to any limitation based on the content of the message contained on such sign. Any sign authorized in this Article may contain non- commercial copy in lieu of any other copy. 30.Severability a. If any word, sentence, section, chapter or any other provision or portion of this section is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions or portions thereof will not be affected and will continue in full force and effect. 13.3. VARIANCES&APPEALS 1. The Director is authorized to vary the dimensional requirements for permitted signs by no more than 10% if: a. The Director determines that the proposed waiver does not conflict with the goals and policies of the Comprehensive Plan or the purposes underlying the standard; and b. The applicant demonstrates, through documentation and/or studies, based on generally accepted engineering principles,that adherence to the standard provided by this Chapter would pose a threat to health and safety or would undermine a policy set forth in the Comprehensive Plan or the purposes underlying the standard; and c. The applicant consents to an alternative standard and the Director finds that such standard is consistent with the Comprehensive Plan,will protect the public health, safety and general welfare, and is consistent with the purposes underlying the standard; and d. The economic burden Imposed on the applicant to comply with the generally applicable standard outweighs the public purpose for such standard; and e. Compliance with the generally applicable standard Is Impracticable due to unique topographical or other site conditions. North Augusta Development Code 13-3 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions f. The Director may, at their discretion, refer requests to the Board of Zoning C Appeals. g. The Director may not issue variances for accessory, temporary, construction,vacant lot signs, or any other prohibited signs. Z. PUFSW@At t9 the PFAY -"� ' •The Director may authorize minor waivers in the amount of white space or the light source utilized, or both,to provide Flexibility to the applicant or to accommodate an established, registered or trademarked logo or graphic. In approving waivers the Director shall also consider the objectives of this Section related to traffic safety, reduction of glare and ambient light, and improved readability. 3. Variances to this chapter may be issued by the Board of Zoning Appeals as specified in Article 18 of this Code. �I 4. Administrative decisions or interpretations of the sign ordinance may be appealed as specified in Article 18 of this Code. 13.4 DEFINITIONS OAbandoned Non-Conforming Signs: signs that do not conform to the requirements of this code and that are currently displayed on the premises of abandoned businesses as defined in Article 19 of this code. This does not include non-conforming signage as a result of annexation or signs that were legally permitted under prior ordinances. Accessory Sign: signs that provide information, direction, control or other functions incidental and necessary to a use. Accessory signs can include parking lot directional and regulatory signs (in,out,one-way,etc.)and pavement markings consistent with the Manual of Uniform Traffic Control Devices (MUTCD), most recent edition.Accessory signs may also include instructions, hours and days of operation information, "closed" Figure c Accessory signs and 'open" signs, address numbers, identification signs for deliveries, loading and unloading, fire exit and others. North Augusta Development Code 13-4 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions Awning: a sheet of canvas or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck. Balloon Sign: any lighter than air or gas filled inflatable object attached by a tether to a fixed place. Banner: any sign of lightweight fabric, plastic or similar Figure 2:Awning s Awning material mounted at one (1) or more edges to a pole or Sign other structure. National flags, state and municipal flags, and official flags of businesses, institutions or other organizations shall not be considered banners if displayed on a proper flag pole as required by this code. Canopy: a permanent roofed structure which may be freestanding or attached to a building, but which is not a completely enclosed structure or awning. This includes coverings over gas pumps. Canopy Sign: any sign attached to or painted on a canopy. Changeable Copy Sign: also known as a "readerboard," is any Figure 3:Canopy and sign designated so that letters or numbers attached to the sign Canopy Sign can be periodically changed to a different message. Construction Signage: signage of a temporary nature installed at the entrance or along the street frontage of a project under construction. Dilapidated or neglected sign: a sign (including sign structure) that does not present a neat and orderly appearance, which may be manifested by the following: rust or holes on or in the sign or sign structure, or broken, missing, loose or bent parts, faded or flaking Figure a: paint, non-operative or partially non-operative illuminating or Construction Sign mechanical devices or missing letters in sign copy. Electronic Readerboard: a sign which displays messages in alternating light cycles using electronic messaging or LED lights. They are generally computerized programmable electronic visual communication devices, manufactured for the outside environment. Flag: any flag, including a flag of the United States, the state of South Carolina, and any other flag sanctioned bythese regulations. Flashing Sign: a sign that contains an intermittent or sequential flashing light source that flashes or changes light patterns more than once every thirty (30) seconds. North Augusta Development Code 13-5 EXHIBIT A: RZT 19-003 DRAFT NADC ArtiCle 13 Revisions FREESTANDING SIGNS usually perpend=lar to Maulers line-ol-sight.May Ee double or multi faced and contain thematic embellishment and integral mvers or daddng W mnmal sbudural supports. v PYLON POLEWITH CLADDING MULTI PANEL PYLON POLE GNEEN,IEAF panmxme MONUMENT MONOLITH Figure 5:Freestanding Sign Types Freestanding Sign (Ground Sign): any sign supported by integral poles(s), post(s) or other structure or frame, the primary purpose of which is to connect it permanently to the ground. Examples include monument signs and pole signs. A freestanding sign does not include a portable or temporary sign. Home Occupation sign: see Identification Sign. _ Iconic Sign: a sign that has a particularly distinctive or artistic value and may visually depict the nature of the business, goods or services that the business provides through unique shape and any combination of color, lighting, or historic reference. Identification Sign: any .-- r1e.:... Figure 6:Iconic Signs wall sign which is limited to , WOBHSuRBACON laxbl: the name, address and .1884 street number of a building, institution or person and to the activity carried on in the building or institution. Identification signs include nameplates and building name signs. ._ Illuminated Sign: any sign Illuminated by an Internal or �.:. Cexternal source of light primarily designed to illuminate the sign. The Illumination is "External' when the light source Is Figure I ,, r ) ,V North Augusta Development Code 13-6 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions separate from the sign surface or not 11111111 contained within the sign, and is directed to '' 1� lIII11I shine upon the sign. The illumination is �; "Internal" when the light source is contained U�3101 """rt� � or created within the sign. Marquee Sign: a sign painted on, attached to or hung from a marquee. SAMarquee: means a hood or awning of permanent construction without pillars or posts which is supported from a building wall and extends beyond the building or building line; marquees sometimes extend over a property line. Figure 8:Marquee Signage Maximum Total Sign Area:the maximum total sign area is the sum for all signs contained on a building or on the entire lot or project, regardless of the number of buildings,businesses or tenants, not including exempt or non-permitted signage except as required or i exempted herein. CMaster Signage Plan: a plan that is required when more than one use or business is located on a lot or within a development whether or not the development is on one r; lot or more than one lot. A Master Signage Plan should ;k provide for consistency among signs on the premises with regard to location of a freestanding sign(s),location of each sign on the buildings,size,and lighting and coordinate total allowed square footages among the uses or businesses in Figure 9:Multi-Faced Sign the development. Menu Board: a sign placed at a drive-thru service usually containing a food menu and used for taking orders. Multi-faced Sign: any sign that has two or more faces that are separated by more than ,7r 10 degrees or with any two (2) faces visible -,'!r��} ~ ` from any one (1) point. n Mural: a painting or other work of art executed directly on a wall. Signage painted "� t on walls does not automatically qualify as a Omural. Figure 10 North Augusta Development Code 13-7 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions Percentage of Wall Area: the percentage of wall area is calculated for the wall of which Cthe sign is a part or to which the sign or signs is most nearly parallel. Pole Sign: see freestanding sign. Portable Sign: a "Portable Sign' means any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian Figure I is Projecting sign public. Projecting Sign: a "Projecting Sign' means any sign affixed to, projecting from, and supported by a building. Roof Sign: a "Roof Sign" means ® �Wm any sign erected upon, against or ROOF r in directly above a roof or roof eaves, or on top or above the parapet, or on a functional architectural appendage above _ ZZOF the roof. For the purposes of this POO "1OUNT Article, a roof shall be considered .".. �� to be any building surface where the slope of the surface is less Figure 12:Roof signs than one and one half to one (1.5:1) relative to horizontal (the rise is one and one half times the run). This does not include signs legally allowed on a marquee or canopy. i i Setbacks: setbacks should be measured from a property line or the right-of-way line unless otherwise specified. Sign Area:the area of the sign measured within the most logical geometric figure applying to lines drawn between the outermost points of a sign, but may exclude essential sign structure, foundations, or supports. The copy of signs composed of individual letters, numerals or other devices are the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letters or devices. 1 North Augusta Development Code 13$ EXHIBIT A:: RRZT 19-003 DRAFT NADC Article 13 Revisions r slaMing Sign Monument IT UCPeCmenL alpha :b s gn area aefned by sum d Imaginary bravo n around graphic and copy Do act �J-pellshmentormbeimketbackgrouna. 4GN AREA F MdgCnopy Sp fo 19 pop a 9 rypa, 10 tl tl copy Do d k lame tlew 1 Mi .Calc I I lar 1 n Irea canopy al gee. Wall I Fascia Signs �_ SCNARFA Pa r r r r rsutxrx. ityi,,,t'.�1 Irar�a r................. — Mood Case l enenng.Draw imaginary canal around elle,ascanea,e a,bacon bas bin nd bell Sigre wiMwt Ydegrsl Wckgmund.GIpuINe egn area M Nnepirery caret drawn emund sign copy. Cawfee�l � C+r.•_�J Signs with imagral background panelcalculam fee area by area of anual background panel surrounding sea copy SIGN AREA 91 M III ILUIT/IlO � ---Aoki Awnings-Calailalasrgna ea by lnu,ginary panel drawn una copy Do not calcuitlp domraLro gmplus Figure 13:Sign Area Computation Sign Height: the height a sign is measured from the top of h the curb or edge of the roadway where no curb exists, where the curb is closest to any portion of the sign to the top of the highest attached component of the sign. in Street Frontage: the measurement of the property frontage on the street where the sign will be located at the right-of- way or property line and to which the sign will be oriented. QFigure 14:Sign Height North Augusta Development Code 13-9 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions Subdivision/Project Identification sign: means a freestanding sign that identifies a subdivision, 71, multi-occupancy project, or neighborhood ,r developed under one common plan of development, and is located internal to and visible from the initial point of entry to a :oysE� ` - subdivision or project from surrounding streets. ns FOR SALE Temporary Sign: signs for a "temporary cause or Figure 145:Temporary Signs event" that occurs only on a scheduled date or time period and for a specific purpose, regardless of whether the event is for commercial or non-commercial purposes. Examples include grand openings of new businesses, church revivals, property for sale, special events, and political campaigns. This includes sidewalk signs or A-frame signs that are moveable. Wall Area: the total area of the Bullang length wall, or connected wall sections that are generally parallel to each other, on the side of a building, or L� �-.. lease space within a building, that .:....,,� � �»l Alt♦Ojll] faces a street, parking area or -i courtyard or other similar open �r space. Areas of more than one wall �• may not be combined to calculate a 6� gulldinghelgM "" _ larger permissible sign area for one AF14 Is ;ul aar2f en i wElhol Inc rapae on Inch the sign Is(la 4.The wall. a�� J Ga[erta,of Wallfvea'IIUn.portion d Ite fe,eY a11o�1.hweslgns, erpeire n a pa eOage d thetotal hpde vnll area.Total slgnge onthn fa,ade ru i,nW.-ceml tlx nin ucwn.N. .n Wall Sign: a "Wall Sign" means any sign painted on the outside of a building, or attached to, and erected parallel to the face of a building and supported throughout n I + its length by such building. + V,a Window Sign: a "Window Sign" a :q, hgx t t111 means any sign installed inside or outside a building within six (6) inches of a window or on the inside surface of a window that is visible WallSnLLhneE in a MafB Signage from outside the building. This ean,l I iis dage allwad ro,tkfaa�. term does not include merchandise Figure 156:Wall Area computation located in a window. l , North Augusta Development Code 13-10 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions 13.5 GENERAL PROVISIONS I r 1. Sign Area: is the measured area of a sign as defined herein.-The area allowed for each zoning district or use may not exceed the amounts allowed in this chapter. a. Maximum Total Sign Area shall not exceed these regulations as contained herein. 2. Wall Signs a. The maximum total square footage of sign area for all wall signs is the sum of all wall signs on any elevation. b. Lots fronting on two (2) or more streets are allowed the permitted wall sign area for each street frontage. However, the total sign area that is oriented to a particular street may not exceed the maximum sign area allowed on that particular street or the maximum total permitted sign area. 3. Freestanding or Ground Signs a. One (1)freestanding sign per site, lot or parcel may be permitted. b. Where more than one(1)business or use occupies a parcel,individual signs for individual businesses or uses may be consolidated on one (1) freestanding sign that meets the maximum total sign area limitations for a freestanding sign as provided herein. c. A developed through lot which fronts on two arterials, offers site access from both arterials and is not less than three hundred (300)feet deep(the distance between the two arterials) may have two (2) freestanding signs, one located on each of the two arterials. In such cases the second freestanding sign is limited in size to not more than two-thirds (2/3) the area permitted for the first freestanding sign. d. When two (2) identical sign faces are placed back to back, the sign area shall be computed by the measurement of one (1) of the faces where: i. Both faces cannot be viewed from any point at the same time, and; it. Such sign faces are part of the same structure; and iii. The sign faces are not more than twenty-four(24) inches apart. 4. Pedestrian and Vehicular Clearance a. All signs constructed over a public or private pedestrian walkway or area where pedestrians may walk or congregate shall be constructed to provide a clearance of not less than seven (7)feet from the grade level below the sign to the lowest element of the sign structure. b. Signs and sign structures projecting over vehicular access and parking areas shall be constructed to provide a clearance of not less than eight(8) feet from the grade level below the sign to the lowest element of the sign structure. 5. Sight Distance Requirements North Augusta Development Code 13-11 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions a. No sign should be placed within the sight distance triangle as required in Article 14 of this code. 6. Master Signage Plan Required a. A"Master Signage Plan" is required as noted in this chapter. b. This plan shall, at a minimum: L Show or outline each suite, building, and its associated facade square footages and allowed square footages. ii. The total square footages and placement allowed for each suite and/or individual building within the development for freestanding signage iii. The total square footages and placement allowed for each suite and/or individual building within the development for wall signage iv. Materials v. Illumination vi. Must meet the requirements of this ordinance. vii. A Master Signage Plan may be submitted and approved with any site plan or plat, or individually, and must be approved prior to the issuance of any sign permit. viii. A Master Signage Plan may be revised at any time, however, any revised plan must meet the requirements of the code in force at the time of the revision. C7. Illumination a. Any sign that is internally illuminated with a translucent face or sign panel may utilize "daylight" bulbs as the light source provided that no more than thirty percent (30%) of the sign face is white or light in color. Sign faces where the amount of white or light colored space exceeds thirty percent (30%) shall utilize "cool white" bulbs (or equivalent) as the light source. b. Blank sign faces and panels shall be a dark color regardless of the type of bulb utilized. 13.6 EXEMPT SIGNAGE 1) Public Notice Signs a) Any public notice or warning issued by the city, county, state or federal government is exempt from these regulations. 2) Signs Interior to a Project or on the Interior of Buildings and Not Visible from a Right- of-Way a) Signs not visible from a right-of-way or visible from the exterior of the building are exempt from these regulations. Any sign inside a building and visible from North Augusta Development Code 13-12 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions the exterior of the building that is not a window sign shall be considered a wall sign. 3) Government Signs a) Permanent or temporary signs erected by or on behalf of the city,county,state or federal government identifying streets or public property, conveying public information,and directing or regulating pedestrian or vehicular traffic are exempt from these regulations. 4) Public Utility Information Signs a) Informational signs of a public utility regarding its poles, lines, pipes or facilities are exempt from these regulations. 5) Address Signs a) The city finds and determines that address lettering that is unreadable creates unsafe traffic situations and inhibits the provision of public services. b) Address numbering is required on all structures in accordance with this section to be readable from the street. Street numbers shall have the following minimum heights: i) Three(3)inches on the front door or front wall surface of a residential dwelling unit; ii) Eight (8) inches on the front door or wall surface of a commercial structure; !'^ iii) One and three-fourths (1.75) inches on any mailbox located adjacent to the L sidewalk, curb or edge of pavement. 13.7 SIGNS ON PUBLIC PROPERTY AND PUBLIC RIGHTS OF WAY 1) Non-Profit Street Banners a) Banners advertising events of public interest sponsored by non-profit, non- commercial agencies and which are placed at street locations specifically authorized for display bythe City Council maybe approved. 2) Private Signs on Public Property or Right of Way a) Private signs shall not be placed on any public property or right of way without an approved encroachment permit authorizing such sign or express allowance in this code. The Director may remove signs found to be in violation of this section without prior notification to the property owner. This includes signs held by humans or other devices within the right-of-way. 13.8 ALLOWED SIGNAGE 1) Applicability:Signage shall not exceed the limits as defined herein. If a sign type is not listed in that district/use, that type of signage is not allowed in that district/use. North Augusta Development Code 13-13 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions Zoning district applies to the district as established in Article 3,Zoning Districts. Use is C more precise than the zoning district. If there is a conflict between district and use, use shall prevail. 2) Signage Allowed in Residential Uses and Districts a) Subdivision/Project Identification Signs i) The size,location and design of subdivision entrance signs shall be included on the approved preliminary plat. If a subdivision sign is requested after the plat has been approved it may be approved in accordance with this section. ii) If a Subdivision/Project Identification Sign is preferred within an existing subdivision or as part of a phased development, a "Master Signage Plan" shall be required. iii) Subdivision Identification Signs must meet the following: (1) Not more than one (1) subdivision entrance sign shall be located at the entry to any subdivision as identified on the preliminary plat. (2) If two (2)identical monument signs are used,they may not exceed sixteen (16) square feet in size or four (4) feet in height and must be placed symmetrically on each side of an entry road. (3) Subdivision entrance signs may be located in the right of way within a required median but must be outside of the paved section of the roadway iv) Shall not be internally illuminated. b) Constructions Signs i) General Requirements (1) Signs must be located on private property. (2) Signs must abut a public road frontage at the main entrance to the project. (3) Signs must be removed prior to the issuance of the final Certificate of Occupancy, Maintenance,or Performance Guarantee as applicable. (4) One sign is allowed per project. (5) If additional Construction Signage is preferred within an existing, established subdivision or project,or as part of a phased development where multiple construction signs may be desired: (a) A"Master Signage Plan" shall be required. (b) Each secondary sign may not exceed the square footage allowed for each Construction sign. (c) Signs may be placed only at the main entry points to the phase or sub-phase. (6) Shall not be illuminated ii) Allowed Square Footage (1) Projects containing 10 or more lots or units: (a) Maximum Square Footage: 32 sq ft. 1 (b) Maximum Height: 8 ft. (2) Projects containing less than 10 units: North Augusta Development Code 13-14 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (a) Maximum Square Footage: 16 sq ft. (b) Maximum Height:8 ft. c) Temporary Signage i) Shall not exceed six (6) square feet on any sign. ii) Shall not be illuminated. d) Signage on Vacant Lots in Residential Districts I) Parcels 5 acres or more: 32 sq ft. ii) Parcels with less than 5 acres, but over 1 acre: 16 sq ft. iii) Parcels 1 acre or less: 6 sq ft. iv) Shall not be illuminated. e) Identification Signage i) Must be attached to the building ii) Shall be mounted flush to or not project more than 4 inches from the building iii) Area shall not exceed 2 square feet. iv) Shall not be illuminated. f) Single-family Dwelling Units, Townhouses, Rowhouses or Individual Mobile Homes I) Applicability:this category applies to single lots in any zoning district that are currently used for single-family,townhomes on individual lots,or duplex uses. This does not include "condo' developments where units do not have individual lots extending away from the footprint of the unit. ii) No sign in a single-family district or use shall be internally illuminated. iii) Allowed Signage: (1) Total Maximum Signage for all signs on a property: 8 sq ft. (2) Wall Signs Maximum Square footage: 4 sq ft. (3) Freestanding or Ground Signs (a) Maximum Square Footage: 4 sq ft. (b) Maximum Height:4 ft. (c) Minimum Setbacks: 5 ft.from all property lines. (4) Accessory Signs (a) Maximum Square Footage: 4 sq ft. (b) Maximum Height: 2 ft. (c) Minimum Setbacks: 0 ft. from all property lines, except as needed to avoid the sight triangle. g) Multi-family Districts and Uses I) Applicability:this category applies to multi-family developments in any zoning district with three or more residential units on a single lot and that do not fall under single-family or duplex uses. ii) Allowed Signage: (1) Total Maximum Signage for all signs on a property: 150 sq ft. North Augusta Development Code 13-15 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (2) Wall Signs Maximum Square footage: (a) Maximum Area: 100 sq ft. or 5%of Wall Area, whichever is greater (3) Freestanding or Ground Signs (a) Maximum Square Footage: 50 sq ft. (b) Maximum Height: 5 ft. (c) Minimum Setbacks: 5 ft. front, 10 ft. side (4) Accessory Signs (a) Maximum Square Footage: 4 sq ft. (b) Maximum Height: 2 ft. (c) Minimum Setbacks: 0 ft. from all property lines, except as needed to avoid the sight triangle. i i North Augusta Development Code 13-16 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions TABLE 13-1 RESIDENTIAL USES SIGN AREA CHART All Signs Wall Signs Freestanding Signs Maximum Area(SF) Maximum Area may not of all signs may not exceed square footage exceed the maximum area or percentage of wall area,whichever is less Type at Sign or use allowed A Y x b Q Q Q ? j? a Y Type of Sign or Use m N x a E ' 3 E ' '° —y � � x 1%1 1. Single Dwelling Units" 8 4 — 4 4 5 5 2. Multi-Family Structure• 150 100 S 50 5 5 10 3. Construction Signage,10+lots or — units _ -- — 32 8 -- 4. Construction Signage,less than 10 — lots or units -- -- -- 16 8 S. Signage on Vacant Lots over 5 32 8 — acres 6. Signage on Vacant Lots less than 5 -- "' 16 8 acres -" -- — -- `�. 7. Signage on Vacant Lots 1 acre or - 6 4 — less 8. Subdivision/Project Identification 64" -- -- 32* 5 -- Signs" 9. Accessory Signs -- -- 4 2' -- 10. Temporary Signs - -- 6 4' 11. Identification Sign -- -- -- 2 Notes to Table 13-1 • —" means that the restriction does not apply. • Please see the definitions to clarify how to measure these requirements. • "SF"means square feet. • *See text for further restrictions on size and layout. North Augusta Development Code 13-17 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions 3) Non-Residential Uses Ga) Applicability: restrictions in this category apply to developments in any zoning district that are currently used for non-residential purposes. If a non-residential use is legally occupying a residentially zoned lot,the Director shall determine the closest applicable district and sign requirements. b) Special Provisions for Shopping Centers: (1) A Master Signage Plan is required for any new shopping centers permitted after January 1, 2020. A Master Signage Plan is recommended for existing Shopping Centers. (2) Maximum Square Footage: 1000 sq ft. or 10°% of wall area, whichever is less. 4) Signage Allowed in Non-Residential Districts and Uses a) Maximum Total Square Footage of All Signage i) NC Zoning: (1) Maximum Square Footage: 200 sq ft. or 4%of ground floor area, or 3 sq ft per linear foot of street frontage, whichever is least. ii) OC Zoning: (1) Maximum Square Footage: 300 sq ft. or 6%of ground floor area, or 3 sq ft Cper linear foot of street frontage, whichever is least. iii) GC&TC Zoning: (1) Maximum Square Footage: 300 sq ft. or 10% of ground floor area, or 3 sq ft per linear foot of street frontage, whichever is least. iv) Neighborhood Preservation Overlay (1) Maximum Square Footage: 200 sq ft. or 6%of ground floor area,or 3 sq ft per linear foot of street frontage, whichever is least. v) Highway Corridor Overlay (1) Maximum Square Footage: 300 sq ft. or 10% or 6 sq ft per linear ft of frontage,whichever is least. vi) Georgia Avenue Overlay (1) Maximum Square Footage: 100 sq ft. or 10°%or 6 sq ft per linear ft of frontage,whichever is least. vii) Shopping Centers (1) Maximum Square Footage: 1000 sq ft. or 5%of ground floor area, 1 sq ft per linear foot of street frontage, whichever is least. b) Subdivision/Project Identification Sign (1) The size,location and design of subdivision entrance signs may be included on the approved site plan. If a sign is requested after the plat or plan has been approved it may be approved in accordance with this section. North Augusta Development Code 13-18 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (2) If a Subdivision/Project Identification Sign is preferred within an existing subdivision or as part of a phased development, a "Master Signage Plan" shall be required. (3) Not more than one (1) subdivision entrance sign or signs shall be located each entrance to any project. (4) If two(2) identical monument signs are used,they may not exceed sixteen (16) square feet in size or four (4) feet in height and must be placed symmetrically on each side of an entry road. (5) Subdivision/Project entrance signs may be located in the right of way within a required median but must be outside of the paved section of the I roadway. I c) Constructions Signs: i) General Requirements { (1) Signs must be located on private property. (2) Signs must abut a public road frontage at the main entrance to the project. (3) Signs must be removed prior to the issuance of the final Certificate of Occupancy, Maintenance, or Performance Guarantee as applicable. (4) One sign is allowed per project. (a) If additional Construction Signage is preferred within an existing, established subdivision or project,or as part of a phased Odevelopment where multiple construction signs may be desired: (i) A "Master Signage Plan" shall be required. (ii) Each secondary sign may not exceed the square footage allowed for each Construction sign. (iii)Signs may be placed only at the main entry points to the phase or sub-phase. { (5) Shall not be illuminated ' ii) Allowed Square Footage: (1) Projects containing more than 40000 square feet or processed as a major site plan: j (a) Maximum Square Footage: 32 sq ft. (b) Maximum height: 8 ft. (2) Projects developed under a minor site plan: (a) Maximum Square Footage: 16 sq. ft. (b) Maximum Height: 8 ft. i d) Temporary Signs i) In the NC District: (1) Maximum Square Footage: 6 sq ft. (2) Maximum Height:4 ft. ii) In all other districts: C (1) Maximum Square Footage: 16 sq. ft. (2) Maximum Height: 8 ft. North Augusta Development Code 13-19 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (3) Shall not be illuminated. e) Signage on Vacant Lots I) Parcels 5 acres or more: (1) Maximum Square Footage: 32 sq ft. ill Maximum height, 8 ft. iii) Parcels with less than 5 acres, and over 1 acre: (1) Maximum Square Footage: 16 sq ft. (2) Maximum height: 8 ft. iv) Parcels one acre or less: (1) Maximum Square Footage: 6 sq ft. (2) Maximum Height: 4 ft. v) Shall not be illuminated. f) Identification Signage I) Must be attached to the building ii) Shall be mounted flush to or not project more than 4 inches from the building iii) Area shall not exceed 2 square feet. iv) Shall not be illuminated. g) Accessory Signs 1, i) Maximum Square Footage: 4 sq ft. © ii) Maximum Height: 2' iii) Minimum Setbacks: 0' from all property lines, except as needed to avoid the sight triangle. iv) Shall not be illuminated. v) Accessory Signs are not allowed in the Neighborhood Preservation Overlay District. h) Window Signs I) No window sign shall obscure more than fifty(50) percent of the total window area on any single facade. ii) Window signs should not completely obscure the view into the business or office except as allowed herein. iii) Window signs shall count towards the total allowed square footage of signage allowed on any parcel or building. iv) Window tinting or frosting with no design, words, or any other graphic that could be considered a sign would not qualify as a window sign. v) Window signs are not allowed in the Neighborhood Preservation Overlay District. I) Wall Signs i) NC Zoning: (1) Maximum Square Footage: 160 sq ft., or 10% of wall area, whichever is less. North Augusta Development Code 13-20 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions ii) OC, GC and TC Zoning: O (1) Maximum Square Footage: 300 sq ft., or 10% of wall area, whichever is less. iii) Neighborhood Preservation Overlay (1) Maximum Square Footage: 160 sq ft. (2) Signs shall not be internally illuminated. (3) Externally illuminated signs and signs in which the letters or graphics are constructed of neon tubing are permitted. iv) Highway Corridor Overlay (1) Maximum Square Footage: 300 sq ft.or 10%of wall area,whichever is less. v) Georgia Avenue Overlay (1) Maximum Square Footage: 100 sq ft. or 7%of wall area,whichever is less. vi) Shopping Centers (1) Maximum Square Footage: 1000 sq ft.or 10°%of wall area, whichever is less. j) Freestanding Signs I) NC Zoning: (1) Maximum Square Footage: 60 sq ft. or 0.25 sq ft per linear foot of street frontage,whichever is less. (2) Maximum Height: 10' (3) Minimum Setbacks: 5' front, 10' side ii) OC Zoning: (1) Maximum Square Footage: 100 sq ft. or 0.5 sq ft per linear foot of street frontage,whichever is less. (2) Maximum Height: 12' (3) Minimum Setbacks: 5' front, 10' side iii) GC Zoning: (1) Maximum Square Footage: 100 sq ft. or 0.5 sq ft per linear foot of street frontage, whichever is less. (2) Maximum Height: 20' (3) Minimum Setbacks: 5'front, 10' side iv) TC Zoning: (1) Maximum Square Footage: 100 sq ft. or 1 sq ft per linear foot of street frontage,whichever is less. (2) Maximum Height: 25' (3) Minimum Setbacks: 5' front, 10' side v) Overlay District Standards (1) Highway Corridor Overlay (a) Maximum Square Footage: 100 sq ft. or 0.5 sq ft per linear foot of street frontage, whichever is less. (b) Maximum Height: 25' (c) Minimum Setbacks: 5' front, 30' side (2) Neighborhood Preservation Overlay North Augusta Development Code 13-21 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (a) Maximum Square Footage: 60 sq ft. or 0.5 sq ft per linear foot of street frontage, whichever is less. `✓ (b) Maximum Height: 30 ft. (c) Minimum Setbacks: 5 ft front, 5 ft side (d) Signs shall not be internally illuminated. (e) Externally illuminated signs and signs in which the letters or graphics are constructed of neon tubing are permitted. (3) Georgia Avenue Overlay (a) Maximum Square Footage: 20 sq ft. or 0.25 sq ft. per linear foot of street frontage, whichever is less. (b) Maximum Height: 8 ft. (c) Minimum Setbacks: 0 ft. (d) Signs shall not be internally illuminated. vi) Shopping Centers (1) Maximum Square Footage: 150 sq ft. or 0.5 sq ft per linear foot of street frontage,whichever is less. (2) Maximum Height: 25 ft. (3) Minimum Setbacks: 5 ft.front, 10 ft. side k) Menu Boards I) Maximum Square Footage: 32 sq ft. ii) Maximum Height: 8 ft. Ciii) Must be located to the side or the rear of the building. iv) May be internally illuminated, however, no light from the menu board should be easily visible from any surrounding residential use. v) Lighting must be turned off when the business is closed. vi) May be exempt if not visible from any public right-of-way, whether internal or external to the project. 1) Electronic Readerboards I) Shall be used only in the OC, GC,TC, and IND districts ii) Shall not exceed 50%of the sign area of which it is a part iii) Must have a dark or black background. iv) Shall not display any animation, scrolling, flashing, or the appearance of animation or other prohibited sequence of lighting. v) Electronic Readerboards are prohibited in the Neighborhood Preservation Overlay. m) Changeable Copy i) Shall be used only in the OC, GC and TC districts ii) Must be part of a larger wall or freestanding sign iii) Shall not exceed 30%of the sign area of which it is a part. iv) Changeable Copy signs are prohibited in the Georgia Avenue and Neighborhood Preservation Overlay. North Augusta Development Code 13-22 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions TABLE 13-2 NON-RESIDENTIAL SIGN AREA BY USE OR ZONE All Signs Wall Signs Freestanding Signs Maximum TOTAL Maximum SF Maximum SF of all signs is is the lesser Maximum SF is the lesser of SF,if not the lesser of of G or H otherwise B,or C,or D E or F specified A B C D E F G H I 1 K i Use or Zoning DiWictE Lf e m c E 3 E �• ¢ o w x 00 D n E O R 1. Neighborhood Commercial 200 4 3 160 10 60 0.25 10 5/10 6 INC) 2. Office Commercial(OC) 300 6 3 300 10 100 0.50 12 5/10 16 3. General Commercial(GC) 300 10 3 300 30 1001 0.50 20 5/10 16 a. Thoroughfare Commercial 300 10 3 300 10 100 1 25 5/10 16 (TC) 6. Highway Corridor Overlay 300 10 6 300 10 100 0.50 25 5/10 16 (HC) 7. Neighborhood Preservation 200 6 3 160 -- 60 0.50 30 5/5 6 Overlay(NP) 8. Traditional Neighborhood 50 5 2 50 5 25 0.25 6 0/0 6 Development(TND) 97 Industrial(IND) 300 2 3 -- -- 150 0.50 20 5/10 16 12. Shopping Centers 1,000 5 1 11,000 10 150 0.50 25 5/10 16 13. Canopy Signs -- -- -- -- -- -- -- -- 50%of canopy 14. Electronic Readerboards• -- -- -- -- -- -- -- -- 50%of sign area 15. Changeable Message Signs* -- -- -- -- -- -- -- -- 30%of sign area Construction Signage, Major 32 -- -- -- -- -- -- 8 -- 32 ite Plan 16. Construction Signage, Minor 16 8 16 ite Plan 17. Signage on Vacant Lots over 32 -- -- 8 -- 32 5 acres 18. Signage on Vacant Lots less 16 -- -- -- -- -- -- 4 -- 16 ,than 5 acres 19. Subdivision/Project 64 -- -- -- -- 32 -- 5 -- Identification Signs 20. Accessory Signs -- -- -- -- -- -- -- 2' 4 21. Temporary Signs •- •- -- -- -- -- -- 8' 16 22. Temporary Signs,NC District -- -- -- -- -- -- -- 4' -- 6 L North Augusta Development Code 13-23 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions All Signs Wall Signs Freestanding Signs C Maximum TOTAL Maximum SF Maximum SF of all signs is is the lesser Maximum SF is the lesser of SF, if not the lesser of of G or H otherwise B,or C,or D E or F specified AB C D E F G H 1 1 K R d 9 W d i an d N y S a` § u A ° a a` a aa � " Era a use or Zoning Distrix E u e E E = .x o9 '° : 'R a 'x d mo of i ` v .q de LL F 6 �. W UI w LL LL 23. Window Signs -- — -- -- -- -- -- -- -- 5096 of window area 24. Identification -- -- -- -- -- 2 25.IMenu Boards -- -- -- -- -- -- 8 -- 32 Notes to Table 13-2 • .--" means that the restriction does not apply. • Please seethe definitions to clarify how to measure these requirements. • "sf" means square feet. • * See text for further restrictions on size and layout. North Augusta Development Code 13-24 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions /^ 5) Downtown a) Applicability: any property zoned "D, Downtown," regardless of the use of the property. b) Maximum Total Square Footage of Signage i) Maximum Square Footage: 200 sq ft. or 4%of ground Floor area, or 3 sq ft per linear foot of street frontage,whichever is less. c) Illumination: i) Signs shall not be internally illuminated. ii) Externally illuminated signs and signs in which the letters or graphics are constructed of neon tubing are permitted. iii) Illuminated signs shall not be oriented such that the direction and intensity of lighting creates glare or a hazardous condition for drivers or pedestrians. iv) Plastic box signs and signs constructed primarily of plastic are not permitted. Plastic and vinyl lettering are permitted. d) Window Signs i) No window sign shall obscure more than fifty(50) percent of the total window area on any single facade. ii) Window signs should not completely obscure the view into the business or Coffice except as allowed herein. iii) Window signs count towards the total allowed square footage of signage allowed on any parcel or building. iv) Window tinting or frosting with no design, words, or any other graphic that could be considered a sign would not qualify as a window sign. v) Window signs may be painted on the inside of the window. Rigid plastic sheets I with paint or vinyl lettering are permitted as window signs. vi) Window signs shall not be internally illuminated. vii) Window signs in which the letters or graphics are constructed of neon tubing ! are permitted. viii)Window signs are not allowed in the Neighborhood Preservation Overlay District. e) Accessory Signs j i) Maximum Square Footage:4 sq ft. ii) Maximum Height: 2 ft. iii) Minimum Setbacks: 0 ft.from all property lines,except as needed to avoid the sight triangle. iv) Shall not be illuminated. Q Constructions Signs: OI) General Requirements (I) Signs must be located on private property. North Augusta Development Code 13-25 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (2) Signs must abut a public road frontage at the main entrance to the project. (3) Signs must be removed prior to the issuance of the final Certificate of Occupancy, Maintenance, or Performance Guarantee as applicable. (4) One sign is allowed per project. (a) If additional Construction Signage is preferred within an existing, established subdivision or project,or as part of a phased development where multiple construction signs may be desired: (i) A "Master Signage Plan" shall be required. (ii) Each secondary sign may not exceed the square footage allowed for each Construction sign. (iii)Signs may be placed only at the main entry points to the phase or sub-phase. (5) Shall not be illuminated ii) Allowed Square Footage: (1) Projects containing more than 40,000 square feet or processed as a major site plan: (a) Maximum Square Footage: 32 sq ft. (b) Maximum height: 8ft. (2) Projects developed under a minor site plan: (a) Maximum Square Footage: 16 sq. ft. (b) Maximum Height: 8 ft. g) Temporary Signs I) Maximum Square Footage: six (6) square feet ii) Temporary signs within the public right-of-way or advertising special sales or activities during business hours must be removed at closing. iii) Shall not be illuminated. iv) Temporary signs may be placed in the public right-of-way if: (1) Must be placed on the sidewalk. (2) Shall not be more than 20' from the public entrance of a business (3) Shall not restrict free movement of the public road or sidewalk and maintain a free a walkway of not less than five (5)feet at all times. (4) Shall be removed from the sidewalk when the business is closed. h) Signage on Vacant Lots I) Vacant non-residential zoned parcels may have the following temporary signage: (1) Parcels 5 acres or more: 32 sq ft. (2) Parcels with less than 5 acres: 16 sq ft.. (3) Shall not be illuminated. I) Wall Signs (a) Wall signs shall be placed in existing architectural sign panels integral to the building facade when such a sign panel exists. North Augusta Development Code 13-26 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (b) Maximum Square Footage: 100 sq ft.,or 10%of wall area,whichever is less. j) Projecting Signs (1) Projecting signs shall be extended no more than six (6) feet from the building to which it is affixed. (2) Only one (1) projecting sign is permitted per building frontage, provided, however, that multi-tenant buildings in non-residential districts may include one (1) projecting sign per tenant in addition to wall signs, and provided that such signs are spaced not closer than twenty (20) feet horizontally from another projecting sign. (3) A projecting sign shall not exceed 12 square feet (4) Signs that project into the right-of-way must have an encroachment permit as required by the City of North Augusta or SCDOT, as applicable. k) Canopy or Awning Signs i) A canopy or awning may be used as a sign surface only if: (1) No wall sign is included on the same facade. (2) The message does not extend in any direction above, below or beyond the canopy edge. (3) The message is an integral part of the canopy or awning covering. (4) Signage on the canopy or awning sign does not exceed one-half(h) of the area bounded by the edges of the canopy or awning visible from the public v right of way. (If the only signage for the building is on the fringe drip-flap portion of the canopy, the entire portion of said area may be utilized for signage.) 1) Marquee Signs i) A building is permitted one marquee sign in addition to a wall sign. it) A marquee sign shall not be permitted if the building employs a freestanding, monument, canopy or awning sign. iii) The maximum sign surface shall not exceed five percent (5%) of the building facade or wall area to which the sign is attached, up to a maximum of twenty (20)square feet.The maximum area shall be measured as a percentage of the wall or facade to which the sign is attached, whichever results in a smaller area. iv) Alternate designs for marquee signage may be considered as Iconic Signs and may follow the process for approval of Iconic signs. m) Freestanding or Ground Signs I) One (1) sign per building may be located in lieu of a canopy sign if a wall or canopy sign does not provide adequate visibility. ii) The sign may be located on the sidewalk in the right of way if an © encroachment permit or agreement required by the city and SCDOT has been approved and issued. North Augusta Development Code 13-27 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions (1) The sign shall not exceed eight (8)feet in height. C (2) The pole and base of such signs shall be constructed of decorative black, or other approved dark color, metal. No portion of the shaft shall have a diameter exceeding ten (10) inches. (3) The sign panel or message area shall not exceed twenty (20) square feet in area. (4) The sign shall not obstruct or interfere with pedestrian traffic, parking or lines of sight required for traffic safety(sight triangle). iii) Monument Signs—Ground mounted or monument signs are permitted under the following conditions: (1) Such signs shall not exceed five (5) feet in height and twenty(20)square feet in area. (2) Such signs shall not be located within the public right of way. (3) Such signs shall be set back from the right of way no less than one (1) foot. (Rev. 5-21-12; Ord. 2012-08) (4) Such signs shall not obstruct or interfere with pedestrian traffic, parking or lines of sight required for traffic safety (sight triangle). 1 n) Electronic Readerboards i) Shall not exceed 50%of the sign area of which it is a part ii) Must have a dark or black background. ^ iii) Shall not display any animation, scrolling, flashing, or the appearance of 1 v animation or other prohibited sequence of lighting. iv) Electronic Readerboards are prohibited in the Neighborhood Preservation Overlay. o) Changeable Copy i) Must be part of a larger wall or freestanding sign ii) Shall not exceed 30%of the sign area of which it is a part. iii) Changeable Copy signs are prohibited in the Georgia Avenue and Neighborhood Preservation Overlay. p) Iconic Signs I) Iconic Signage may be installed in lieu of any allowed signage on any building in the Downtown District after review and approval by the North Augusta City Council until such time as a Design or Architectural Review Board are in place. After approval, all signs must be properly permitted through Planning and Development and the Building Standards Department, as applicable. ii) Iconic Signage may encroach on public right-of-way if an encroachment agreement Is Issued by the City Engineer. iii) These signs may be Illuminated externally, Internally, or with neon. Signs utilizing Illumination that radiates a glare or light greater than one half foot- candle at the property line on which the sign is located are prohibited. North Augusta Development Code 23-28 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions q) Public Art C i) Public Art may be installed in the Downtown District after review and approval by the North Augusta City Council until such time as a Design or Architectural Review Board are in place. After approval, all art must be properly permitted through Planning and Development and the Building Standards Department, as applicable. ii) Public Art may encroach on public right-of-way if an encroachment agreement is issued by the City Engineer. r) Murals i) Murals may be painted on any wall in the Downtown District after review and approval by the North Augusta City Council until such time as a Design or Architectural Review Board are in place. After approval, all art must be properly permitted through Planning and Development and the Building Standards Department, as applicable. North Augusta Development Code 13-29 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions TABLE 13-3 DOWNTOWN SIGN AREA BY TYPE All Signs Wall Signs Freestanding Signs Maximum TOTAL Maximum SF of all signs is SF is the Maximum SF is the the lesser of lesser of lesser of Maximum SF B,or C,or EorF GorH A B C D E F G H I 1 g 41 E ° < E 3 E o o E a Y E 2 ` 1. Wall -- -- -- 100 10 -- -- -- -- 2. Free Standing/Ground 100 10 6 100 7 20 .5 8 0/0 -- 3. Canopyor Awning -- -- -- -- -- -- -- -- -- 50%of canopy 4. Marquee 20 sf or 5%of __ __ __ marquee asade C Window 50%of window area -67 Projecting -- — -- — — -- -- — — 12 sf 7. Electronic Readerboard -- -- — — — — -- — — 1 50%of sign B. Changeable Copy -- 30%of sign 9. Temporary -- - -- — — — — — 6 30. Iconic -- - -- —1717 Identification -- -- -- — — — 2 12. Accessory — - 4 13. Vacant Lots 5 acres or 32 32 more 14.iVacant lots under 5 acres 16 — — 16 15. Menu Boards — -- 32 16. Construction Signage, — — — — — -- — — 40,000 sf or Major Site 32 32 Plan 17. Construction Signage, 16 16 Minor Site Plan Notes to Table 13-3 • —" means that the restriction does not apply. • Please see the definitions to clarify how to measure these requirements. • "SF" means square feet. • •See text for further restrictions on size and layout. North Augusta Development Code 13-30 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions 6) Special Zoned Districts Ca) For TND, PD and mixed use developments,the signage allowed should correspond to the use of the lot or portion the building for that use. If there is not a primary use of a building, such as in a mixed use development, the total allowed square footage may be coordinated between uses with a Master Signage plan. The total square footage allowed shall not exceed the total square footage allowed for any use. b) Conservation Subdivisions: should be calculated the same as all other residential uses. c) Public Districts: as approved by the City Council. d) Critical Resource Areas: based on the use of the property and the most closely related zoning district as determined by the Director of Planning and Development. 13.9 PROHIBITED SIGNS 1) Flashing Signs:Any sign which displays intermittent or flashing illumination which changes more than once in any thirty(30) second period is prohibited. 2) Portable Signs:Any portable sign, except when used as a temporary sign as permitted in these regulations, is prohibited. 3) Signs Attached to Fences, Poles,Trees: Any sign or advertising device attached to or painted on a fence, power or telephone pole,tree, stone or any other natural object is prohibited. 4) Roof Signs 5) Fluttering Signs:Any fluttering ribbon and any banner or similar device is prohibited. 6) Illuminated Tubing: Any illuminated tubing outlining property lines, open sales areas or parking areas is prohibited. Illuminated tubing that is attached and integral to an original architectural detail of a building is permitted. 7) Inflatable Signs or Decoration:Any inflatable sign or sign affixed to a tethered balloon,where such sign is visible from the property line, is prohibited. 8) Reflective Paint and Lighting:Any sign with "day-glow' or highly reflecting coloring, paint or lighting or any sign that conflicts or may conflict with traffic flow or the visibility of vehicle drivers or pedestrians is prohibited. 9) Spot and Strobe Lights: Any spot light or light that shines into the sky or the clouds, moveable or non-moveable, for the purpose of attracting attention to a location is not permitted. 10)Billboards 11)Multi-faced Signs 12)Any sign within the right-of-way except as expressly allowed herein. North Augusta Development Code 13-31 EXHIBIT A: RZT 19-003 DRAFT NADC Article 13 Revisions North Augusta Development Code 13-32 Department of Planning ATTACHMENT #12 and Development Memorandum # 19-011 City of North Augusta To: B. Todd Glover, City Administrator From: Libby Hodges, AICP, Director of Planning and Development Subject: Application RZT19-002— North Augusta Development Code Text Amendment—A request by Mountaineer Pest Services, represented by Michael W. Pace, Director, to amend Section 3.8.2 entitled "Establishment of Corridor Overlay Districts" in regard to NP, Neighborhood Preservation Overlay in Article 3, Zoning Districts, of the North Augusta Development Code. Date: June 26. 2019 Planning Commission Recommendation On June 20, 2019, after a duly advertised and convened public hearing, the Planning Commission considered a motion to recommend that the City Council approve Application RZT19-002 to amend Section 3.8.2, Establishment of Corridor Overlay Districts, in Article 3, Zoning Districts, of the North Augusta Development Code. The proposed amendment would modify the boundaries of the current Neighborhood Preservation Overlay District to exclude Briggs Avenue to Maddox Street on the West side of Georgia Avenue. The Planning Commission, on a vote of 4.1, voted in favor of a recommendation to City Council for the text amendment. Attached is the staff report associated with the request along with a draft ordinance approving the text amendment. A digital copy has been forwarded to the City Clerk. Please schedule the ordinance for consideration by City Council at the next available meeting. Department of Planning North Augusta] and Development south ,i,(, a; r, Project Staff Report RZT19-002 Neighborhood Preservation Overlay Text Amendment Prepared by: Kuleigh Baker Meeting Date:June 20, 2019 SECTION 1: PROJECT SUMMARY Project Name Neighborhood Preservation Overlay Text Amendment Applicant Mountaineer Pest Services Proposed Text Amendment A request by Mountaineer Pest Services to amend Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts,of the North Augusta Development Code to amend the NP, Neighborhood Preservation Overlay District to remove properties between Briggs Street and Maddox Street from overlay requirements. SECTION 2: GENERAL DESCRIPTION �.s On April 3, 2019, the Planning and Development Department received an application from Mountaineer Pest Services requesting text amendments of the North Augusta Development Code related to Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts, of the North Augusta Development Code. The request is to amend the boundaries of the NP, Neighborhood Preservation Overlay District to remove properties between Briggs Street and Maddox Street from overlay requirements. SECTION 3: PLANNING COMMISSION CONSIDERATION The Planning Commission is being asked to review the request for a text amendment based on the following provisions of the North Augusta Development Code: 5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to provide the public an opportunity to be heard consistent with the adoption procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process protections such as the right of the parties to offer evidence, cross-examination, sworn testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative 1 Project Staff Report RZt19-002 Neighborhood Preservation overlay TextAmendment Prepared by: Weigh Baker Meeting Date:June 20,2019 review hearings such as amendments to a comprehensive plan, amendments to this Chapter including the zoning provisions of this Chapter and the Official Zoning Map, and applications for a Planned Development. The order of the proceedings for a legislative hearing shall be as set forth in §5.1.4.5.b. Testimony may be presented by any member of the public, but need not be submitted under oath or affirmation.The Planning Commission and Board of Zoning Appeals may establish a time limit for testimony. 5.3.2 Applicability This section applies to any application for an amendment to the text of this Chapter or for an amendment to the official Zoning Map. An amendment to the Official Zoning Map which reclassifies property from one zoning district to another is known as a "rezoning." A change to the text of this Chapter is referred to as a "text amendment'. 5.3.3 Initiation This Chapter, including the Official Zoning Map and any supporting map(s), may be amended from time to time by the City Council, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any communication, the interested parties shall be supplied with the proper application form(s) by the Director. (5.3.3.1 Rezoning, does not apply, removed for brevity) 5.3.3.2 Text Amendment—Any person, property owner, board, commission, department or the City Council may apply for a change in zoning ordinance text. A proceeding for approval of a text amendment may be initiated by filing an application with the Department. The application shall be signed by the applicant and shall include the language of the proposed amendment to the text of this Chapter and the justification for the proposed change. Before any application is accepted by the Department, it is recommended that the applicant meet with a representative of the Department. The purpose of the pre-application meeting is to discuss the procedures and requirements for a text amendment request. During the conference, the Department will identify the submittal requirements. 5.3.5 Decision 5.3.5.1 The Director shall transmit the application to the Planning Commission for - consideration at the next regularly scheduled monthly meeting following receipt of a Page 2 of 8 Project Staff Report RZT39-002 Neighborhood Preservation Overlay Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 20,2019 complete application, provided that the complete application is submitted at least thirty (30)calendar days prior to said meeting. Notice of the public hearing shall be provided as set forth in §5.1.3. The Planning Commission shall approve or deny the zoning amendment in accordance with the procedures for a legislative hearing as set forth in §5.1.4.6. 5.3.5.2 At least ten (10) days' notice and opportunity to comment must be given to the public if the applicant is allowed to present oral or written comments pursuant to S.C. Code §6-29-760. 5.3.5.3 The Planning Commission shall submit its recommendation to the City Council within thirty (30) calendar days, or other period required by law, after the initial hearing date(see S.C.Code§6-29-760(A).A majorityvote is required forthe Planning Commission to approve,approve with conditions,if applicable,or deny a rezoning ortext amendment application. A recommendation of approval with conditions of a rezoning may be submitted only if a conditional use permit is requested pursuant to §5.5. 5.3.5.4 The City Council shall consider the recommendation of the Planning Commission on each proposed rezoning and text amendment within thirty (30) days of receipt of the Planning Commission report. The City Council is not bound by the recommendation in making a final decision and may call for additional information and/or public hearing(s). 5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning or text amendment, whether enacted before or after the effective date of this section, may be made sixty (60) days after the decision of the City Council if there has been substantial compliance with the notice requirements of this section, with established procedures of the City Council and the Planning Commission and with S.C. Code §6-29. 5.3.6 Approval Criteria Whenever the public necessity, safety or general welfare justifies such action, the Planning Commission may recommend amendments to the text of this Chapter or changes to zoning district boundaries. The Planning Commission shall consider all of the factors specified in this section,at a minimum,in reviewing an application for a rezoning.The Planning Commission shall consider the factors specified in§5.3.3.2 in reviewing an application for a text amendment. The Planning Commission is being asked to review the proposed text changes and provide a recommendation of approval or denial, which will be forwarded to the City Council. Section 5.3.3.2 does not require additional standards for analysis to address in this staff report. Page 3 of 8 Project Staff Report RZT19-002 Neighborhood Preservation Overlay TextAmendment Prepared by: Kuleigh Baker Meeting Date:June 20,2019 The applicant has provided a letter outlining the justification for the requested changes. In this letter, the applicant mentions a key initiative from the 2017 Comprehensive Plan related to "Develop and Implement a Downtown Master Plan (Initiative 1)." Staff notes that the property described in the letter is not located in an area typically considered "Downtown."Staff notes that Initiative 2, "Identify Priority Investment Areas and Develop Policies and Zoning Regulations to Encourage Mixed Use and Progressive Development," is more applicable. The Planning Commission and the Planning Department have not adopted any policy or map identifying this area as a priority investment area, however, it should be noted that the mention of these areas within the Overlay district indicates it was a particular area of concern at the adoption of the Development Code. Staff also would like to note that some of the property affected by this request is not owned by the applicant, however, the Development Code allows any person to apply for a text change (NADC § 5.3.3.2,full text provided above). SECTION 4: PUBLIC NOTICE . Due to a publication error, a notice of the cancellation of the May 16, 2019 public hearing was placed on the City's website on May 8, 2019.A public notice of the text amendment request and rescheduled date of the Planning Commission public hearingwas published in the North Augusta Star and on the City's website www.northouausta.net on May 29, 2019. SECTION 5: HISTORY The North Augusta Development Code was adopted by City Council on December 17, 2007, effective January 1, 2008. The Neighborhood Preservation Overlay District was introduced as part ofthe new ordinance. The design elements and development standards within the overlay districtwere put in as regulationsto provide direction for community design in areas oftransition between residential and commercial uses and to guide the conversion of single-family residential structures to commercial and office establishments. This text change request is similar to a case submitted February 14, 2018. There is no required time delay after submittal of any other text amendment. Section 3.8.6.1. of the North Augusta Development Code describes the purpose of the NP, Neighborhood Preservation Overlay District as follows: 3.8.6.1. Purpose - The Neighborhood Preservation Corridor Overlay District applies to _ areas of the city that are located on collector and arterial streets and are in transition between traditional residential and commercial uses. Structures in the corridor are Page 4 of 8 Project Staff Report RZf19-002 Neighborhood Preservation Overlay Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 20,2019 predominantly if not exclusively residential in character. Parcel size is relatively small.The underlying zoning in the corridor includes a variety of both commercial and residential districts.The continued residential use of some parcels may not be economically feasible. It is anticipated that conversion of single-family residences to commercial and office establishments will continue. Demolition of existing residential structures is inconsistent with policies expressed in the Comprehensive Plan and contemporary commercial development for new retail uses and office buildings is inappropriate. New high-density residential development is also inappropriate. Alternative uses of existing residential buildings provides a more orderly and reasonable transition for the surrounding neighborhood.With appropriate restrictions,the conversion of houses to office and small personal service uses is suitable and provides for economically feasible uses of parcels in the corridor. This overlay is, therefore, created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architecture vernacular, and protecting the property values and health, safety and general welfare of surrounding neighborhoods.The Neighborhood Preservation Corridor Overlay District is established to preserve and protect residential neighborhoods while accommodating some transitional commercial uses at an appropriate scale in locations zoned for commercial uses. It is the intent of the Neighborhood Preservation Overlay _ Corridor District to maintain the residential appearance of existing structures and the residential setting of any building converted to a nonresidential use so that the converted dwelling will be compatible with neighboring residential property.To maintain residential character, lots shall not be developed or redeveloped solely for the purpose of providing parking. Table 3-8, Corridor Districts Established (Rev. 12-19-11; Ord. 2011-16) (Rev. 6-20-16; Ord. 2016- 14) reads as follows: 1. West Avenue between Jackson Avenue and Martintown Road 2. Carolina Avenue between Jackson Avenue and Martintown Road 3. The south side of Martintown Road between Bama Avenue and West Avenue 4. The north side of Martintown Road between Bama Avenue and Hampton Avenue 5. The residentially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive 6. Martintown Road between River Bluff Drive and Hammond Pond Road 7. The east side of Georgia Avenue between Jackson Avenue and Observatory Avenue 8. The east side of Georgia Avenue between Sidereal Avenue and Argyle Avenue 9. The west side of Georgia Avenue between Jackson Avenue and Hugh Street 10. Buena Vista Avenue from the alley located between Georgia Avenue and East Avenue to Brookside Drive Page 5 of 8 Project Staff Report RZT19-002 Neighborhood Preservation Overlay Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 20,2019 SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS The requested revisions to the Development Code have been modified to show changes as follows: Underlined Text:text that has been modified or added to the Code. Stk(.ThFauo r�;A;text proposed to be removed. 3.8 CORRIDOR OVERLAY DISTRICTS 3.8.1 Applicability 3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map. 3.8.1.2 In the event that the definite boundaries of the district cannot be ascertained, Corridor Overlay Districts shall be deemed to encompass the depth of the lots fronting on both sides of the corridor street up to three hundred (300)feet and all property within three hundred (300)feet of the edge of the right of way which utilizes the corridor street for direct access, unless otherwise specified, along specific sections of the corridor streets designated in §3.8.2, Establishment of Corridor Overlay Districts. 3.8.1.3 The streets designated in§3.8.2,Table 3-8,Column B, are referred to as Corridor Streets (see Figure 3-1). 3.8.1.4 A street that intersects a designated Corridor Street is referred to as an Intersecting Street (see Figure 3-1). (Figure 3-1 Omitted) 3.8.2 Establishment of Corridor Overlay Districts The following overlay districts are hereby established: TABLE 3-8 CORRIDOR DISTRICTS ESTABLISHED (Rev. 12-19-11;Ord. 2011-16) Page 6 of 8 Project Staff Report RZT19-002 Neighborhood Preservation Overlay Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 20,2019 A B Overlay District Corridor Streets Generally G,Georgia Avenue 1. Overlay 1. Georgia Avenue between Clifton Avenue and Spring Grove Avenue 1. Martintown Road between US 1 and Bama Avenue 2. The commercially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive 3. The south side of Martintown Road between West Avenue and River Bluff Drive 4. Martintown Road between Knobcone Avenue and the city limits 5. Knox Avenue/Edgefield Road(US 25)between Martintown Road and the HC,Highway Corridor city limits north of Walnut Lane 2. Overlay 6. Jefferson Davis Highway(US 1)between Martintown Road and Atomic Road 7. Belvedere-Clearwater Road between Edgefield Road(US 25)and Old Sudlow,Lake Road S. The east side of Georgia Avenue between Marion Avenue and Knox Avenue/Edgefield Road(US 25) 9. The west side of Georgia Avenue between Hugh Street and Knox Avenue/Edgefield Road (US 2S) 10. Five Notch Road Between Georgia Avenue and Walnut Lane 1. West Avenue between Jackson Avenue and Martintown Road 2. Carolina Avenue between Jackson Avenue and Martintown Road 3. The south side of Martintown Road between Bama Avenue and West Avenue 4. The north side of Martintown Road between Bama Avenue and Hampton Avenue 5. The residentially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive NP,Neighborhood 6. Martintown Road between River Bluff Drive and Hammond Pond Road 3. Preservation Overlay 7. The east side of Georgia Avenue between Jackson Avenue and Observatory Avenue 8. The east side of Georgia Avenue between Sidereal Avenue and Argyle Avenue 9. The west s de ef Ge@Fg'A Aq pn e het, -PPR Jackson —eRue and 1 lugh c• Feet 10. Th s g est de of Georgia Avenue between Jackson Avenue and Brinks Avenue 11. The west side of Georgia Avenue between Maddox Street and Hugh Street 12. Buena Vista Avenue from the alley located between Georgia Avenue and East Avenue to Brookside Drive 4 LMK,Landmark 1, Reserved. Not applicable until the city adopts historic preservation Overlay standards for any portion of the city. Page 7 of 8 Project Staff Report RZT19-002 Neighborhood Preservation Overlay Text Amendment Prepared by:Kuleigh Baker .+ Meeting Date:June 20,2019 SECTION 7: ATTACHMENTS 1. Public Notice 2. Application Documents 3. Map of Proposed Overlay Removal r Page 8 of 8 City of North Augusta, South Carolina Planning Commission PUBLIC HEARING NOTICE The North Augusta Planning Commission will hold public hearings at its regular monthly meeting beginning at 7:00 PM on Thursday, June 20, 2019, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following applications: RZT 19-002 — A request by Mountaineer Pest Services to amend Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts, of the North Augusta Development Code to amend the NP, Neighborhood Preservation Overlay District to remove properties from overlay requirements. RZT 19-003 — A request by the City of North Augusta to amend Article 13, Signs, of the North Augusta Development Code. RWA 19-001 —A request by Paul Brewer and Barbara Coleman to abandon a section of an unnamed alley at the rear of 812 Carolina Avenue, ±0.02 acres. Documents related to the applications will be available for public inspection on or after Friday, June 14, 2019 in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 803-441-4221. All citizens and property owners interested in expressing a view on any matter that is the subject of a public hearing are encouraged to attend. CITIZEN ASSISTANCE: Individuals needing special assistance or a sign interpreter to participate in the meeting are asked to please notify the Department of Planning and Development at 803-441-4221 at least 48 hours prior to the meeting. NOl LL 1 Application for Development ApprovalAU USta ,. Please type or print all information South Carolina's R(UQr,(ront --- -- Staff Use Application Number Rz I 19+ Co Z Date Received12 - q -131/117 Review Fee' 25 0 Date Paid x250 C-94t 110 78 1. Project Name I-IDa,h4-oin42v Rust S!.-vire$ Project Address/Location ITI (o Eltoraia. AYt Q A:ug"In, 6G ISO-91 Total Project Acreage 0.90 Current Zoning Tax Parcel Number(s) DO(r ' 19 ' O(t' 009 2. Applicant/Owner Name A.0 IX&Pl IA(, Arl Applicant Phone 4703-cs3�1-43Le0, Mailing Address T. D. &lf rhi tY) City M. A,i� ST -�, Zip %AeLyl Email 2w1�L....1&4.5Fr,nw.�.h„�c.re✓/� 3. Is there a Designated Agent for this project? Yes v�' No If Yes, attach a notarized Designation of Agent form. (required if Applicant is not property owner) 4. Engineer/ArchitecUSurveyor License No. Firm Name Firm Phone Firm Mailing Address City _. ST _ Zip Email Signature Date S. Is there any recorded restricted covenant or other private agreement that is contrary to, conflicts with or prohibits the use or activity on the property that is the subject of the application? (Check one.) yes no 6. In accordance with Section 5.1.2.3 of the North Augusta Development Code, I hereby request the City of North Augusta review the attached project plans. The documents required by the City of North Augusta, as outlined in Appendix B of the North Augusta Development Code, are attached for the City's review for completeness. The applicant acknowledges that all required documents must be correct and complete to initiate the compliance review process. Applicant or Designated Agent Signature Date m i fhcut I h/. ?c.LQ Print Applicant or Agent Name 1/2013 I April 3,2019 City of North Augusta Board of Zoning Appeals 100 Georgia Avenue North Augusta,South Carolina 29841 RE: Application Submittal and Review Section 5.3 1514 Georgia Avenue Parcel No.: 006-19-06-010 1516 Georgia Avenue Parcel No.: 006-19-06-009 1518 Georgia Avenue Parcel No.: 006-19-06-008 Honorable Members of the Zoning Board of Appeal: The above-referenced properties are zoned General Commercial, however, a Neighborhood Preservation Corridor Overlay District has been placed on top of the General Commercial zoning. It is my request that a text amendment be applied to North Augusta Development Code Article 3, Section 3.8.2. The text amendment requested below is relatively minor and does not violate or circumvent any other parameters set forth in Article 3,Section 3.8.2. I. Identification of the Specific Sectionp of the North Augusta Development Code Proposed to be Amended Article 3 - Zoning Districts, Section 3.8.2 1 Establishment of Corridor Overlay Districts states "NP, Neighborhood Preservation Overlay: The west side of Georgia Avenue between Jackson Avenue and Hugh Street." Text Amendment Request: 1. "NP,Neighborhood Preservation Overlay: The west side of Georgia Avenue between Jackson Avenue and Briggs Avenue." 2. "NP,Neighborhood Preservation Overlay: The west side of Georgia Avenue between Maddox Street and Hugh Street" The above-referenced properties are zoned General Commercial and the Neighborhood Preservation Overlay also applies. I am requesting this text amendment so that these properties would be exempt from the overlay which would allow me to build and revitalize the properties in accordance with North Augusta Development Code, Article 3, Section 3.5.7.6 1 General Commercial. Main Office 803-278-1131 Aiken 803-648-9533 Augusta 706-733-2445 Evans 706-650-1989 Lexington 803-796-4699 I Mountaineer Pest Services The granting of such an amendment will not be materially detrimental to the public welfare and it will do no harm to either public or private interests,and is injurious to any property or interest In fact,granting the amendment will serve only to create a more pleasing visual harmony by way of careful, authentic and architectural design created to flow with the newly revitalized area of Georgia Avenue. The North Augusta 2017 Comprehensive Plan developed by the Mayor and Council references a Downtown Master Plan wherein it states the long-term vision and strategy for Georgia Avenue to function as North Augusta's vibrant, pedestrian-oriented main street as well as adopting policies and zoning regulations to encourage mixed use of commercial, retail and residential development. I would like to see the City of North Augusta's vision for Georgia Avenue to come to life, however, the text amendment needs to be granted in order for business,like myself,to assist in making this happen. I plea with urgency that my request for this text amendment be heard at the Planning Commission Meeting on April 18, 2019 at 7:00 p.m. along with the City of North Augusta's request to amend Section 3.6.4.5.2, Development Standards within the P, Public Use Zoning District and Section 3.8.1.1,Applicability of the Corridor Overlay Districts to the P, Public Use Zoning District In addition, please revise the Public Hearing Notice to reflect same. Thank you for your kind consideration. Sincerely, - e- Cz— Michael W. Pace, President Mountaineer Pest Services Main Office 803-278-1131 Aiken 803-648-9533 Augusta 706-733-2445 Evans 706-650-1989 Lexington 803-796-4699 MOTO 7 0w���'-! " ✓� I„I v L pURRY 7 �. H'T T-E� BARK QC Qi h /4 tiC S O w Il; LL J7 yK 2 Z � wE/LS 3 �A�FFLOp QP F 00YA�� � MO l�SVO pK� 59� OPQ- NPOA6 F 0�40� 0 0 W W FC UT C BROOKGREEN ROB//v pOLs SOS OROS SpN NO F F�9 F p'C P� 2 N R� `FS 0 POOPen ,w yG @URN s'R7 e0�'• SOOASTEE p0 $ 3 py M q0 O�OFf Ny N'RFN EpL/N 2BRgpLFw.. P0S e�EA N G� oS 'v QY Fe SFOW pgMaBE' T°AK qP oR�o mrR� 9y gyp¢- MORE 3 ppNBgRN TOOy OOE A pymm O yTh FRO F EUCL SQ? Sv �,A Z 9Oi O 4 2 /N ➢m0 \E� OpC9 EPP ,Z. T Fy F F FJ �1 -\O - y1,0 Oda �O� 04. LECE OMPTE Z im 00 a z C� O ZO LADY HURMONO BROOK5 FAIRWOOD 'V p zr TO HENRY 3gNs FAIRLANE Hg BUTLER 1h V 3 50"0UR q<� e� MPrGN o� i 9p0 R 5 Y O W z yR N e” Os. m IY x p�ON SKYVIEW �I� � � � SON OFCRESr�P OP�P Rid � �F WE N OAUSTIN O y m 5T m e Q PLg� Cep PL psati m P Jt PN CRO S Rl/yG GRO Spq/NG'q" 0'90 J11 5 vy RSNING O 3� y s PCO; TIGER LILY yi z CLIFTON �' �O�BUFN G0L0rylg ��;�' 2 DAFFODIL m BLUFF , g Fsrg N ��,Jti e `9ijT/NT RP OPO P`MOJtN 2�.4'� RBJERS\DE O N ... OF, F4,y10 AuNorth F�j Neighborhood Preservation Overlay 9Usta r Boundary Map wurh Cnroiinn'. N" ' 'o, Date6/13/2019 Legend M NP Overlay Zoning Districts CR . GC IND M NC • •• •• ' .•♦�� '❖.•••.1 '•y...-.••❖.�•i TC ko SubjectArea IWILKER North Application •..., O❖:❖:O❖:❖:❖:•:i: i•� • ti::��•: '.0000•. •0 Au Neighborhood Preservation Overlay .. - ATTACHMENT #13 ORDINANCE NO. 2019-08 AMENDING ARTICLE 3 ZONING DISTRICTS RELATED TO NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT BOUNDARIES OF THE NORTH AUGUSTA DEVELOPMENT CODE CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code which is consistent with the City's 2017 Comprehensive Plan and which incorporates all City zoning and land development regulations; and WHEREAS,a request was made on April 3,2019,by Michael Pace to amend the text of the North Augusta Development Code; and WHEREAS,the North Augusta Planning Commission, following a June 20, 2019 public hearing, reviewed and considered amendments to Table 3-8, Corridor Districts Established, and Section 3.8.2, NP,Neighborhood Preservation Overlay District, to change the boundaries of the Neighborhood Preservation Overlay District. The Planning Commission report has been provided to City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY C COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT: I. The North Augusta Development Code, Chapter 18 of The City of North Augusta,South Carolina Code of Ordinances,Providing for New Zoning and Land Development Regulations for the City of North Augusta, South Carolina, is hereby amended and shall read as described in the following sections. The section of the Code affected by each proposed amendment is identified by the section number. Line 3 of Table 3-8, Corridor Districts Established, is amended to read: A B Overlay District Corridor Streets Generally ORDINANCE AMENDING THE NORTH AUGUSTA Page 2 DEVELOPMENT CODE—APPLICATION RZT19-002 NP,Neighborhood 1. West Avenue between Jackson Avenue and Mani town Road Preservation Overlay 2. Carolina Avenue between Jackson Avenue and Martintown Road 3. The south side of Martintown Road between Bama Avenue and West Avenue 4. The north side of Martintown Road between Bama Avenue and Hampton Avenue 5. The residentially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive 6. Martintown Road between River Bluff Drive and Hammond Pond Road 7. The east side of Georgia Avenue between Jackson Avenue and Observatory Avenue & The east side of Georgia Avenue between Sidereal Avenue and Argyle Avenue 9. The west sed f Georgia Avenue between Jackson Avenue and Briggs Avenue 10. The wet side of Georgia Avenue between Maddox Street and Hugh Street 11. Buena Vista Avenue from the alley located between Georgia Avenue and East Avenue to Brookside Drive IL All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict,hereby repealed. Ill. This Ordinance shall become effective immediately upon its adoption on third reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12019. First Reading Robert A. Pettit, Mayor Second Reading Third ReadinP ATTEST: Sharon Lamar, City Clerk C ATTACHMENT #14A f ORDINANCE NO. 2019-06 AMENDING ARTICLE 3 ZONING DISTRICTS RELATED TO THE PUBLIC USE (P) SPECIAL ZONING DISTRICT OF THE NORTH At DEVELOPMENT CODE CHAPTER 18 OF THE CITY OF NORTH AUGUSTA SOUTH CAROLINA CODE OF ORDINANCES WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code which is consistent with the City's Comprehensive Plan and which incorporates all City zoning and land development regulations; and WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5, Approval Procedures,of the North Augusta Development Code,any person,property owner, board, commission, department or the City Council may apply for a change in zoning ordinance text; and WHEREAS, the North Augusta City Council resolved to instruct the City Administrator to apply for a text change to Article 3,Zoning Districts,of the North Augusta Development Code;and WHEREAS, the North Augusta Planning Commission,following a April 18, 2019 public hearing, reviewed and considered a request by the City of North Augusta to �r amend Section 3.6.4.5.2 entitled"Development Standards"and 3.8.1.1 of the North Augusta Development Code to revise requirements for P, Public Use District related to corridor overlay standards in Article 3, Zoning Districts, of the North Augusta Development Code. The Planning Commission report has been provided to City Council for consideration. The Mayor and City Council have reviewed the request as well as the report from the Planning Commission and has determined that the change to the text of the Development Code is appropriate. 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: I. The North Augusta Development Code, Chapter 18 of The City of North 1 Augusta, South Carolina Code of Ordinances,Providing for New Zoning and ' Land Development Regulations for the City of North Augusta, South Carolina, is hereby amended and shall read as described in the following section. The section of the Code affected by the proposed amendment is identified by the section number. O A. Section 3.6.4.5.2 entitled"Development Standards", is amended to read: § 3.6.4.5.2 Development Standards—Uses within the P, Public Use District,are JR not subject to the dimensional standards of§3.5. However, such uses are i ORDINANCE AMENDING THE NORTH AUGUSTA Page 2 DEVELOPMENT CODE—APPLICATION RZT 19-001 subject to the landscaping standards of Article 10, and the parking standards of O Article 12. B. Section 3.8.1.1 entitled"Applicability", is amended to read: § 3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map, with the exception of those lots or parcels zoned P. II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. III. This Ordinance shall become effective immediately upon its adoption on third reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF ,2019. C First Reading Robert A. Pettit,Mayor Second Reading Third Reading ATTEST: Donna B. Young, City Clerk C ATTACHMENT #14B Department of Planning and Development Memorandum # 19-006 To: B. Todd Glover, City Administrator From: Libby Hodges, Planning and Development Director Subject: Application RZT 19-001 —North Augusta Development Code Text Amendment—A request by the City of North Augusta to amend Section 3.6.4.5.2 entitled "Development Standards" and 3.8.1.1 of the North Augusta Development Code to revise requirements for P, Public Use District related to corridor overlay standards in Article 3, Zoning Districts, of the North Augusta Development Code. Date: April 29, 2019 Planning Commission Recommendation On April 18, 2019, after a duly advertised and convened public hearing, the Planning Commission considered a motion to recommend that the City Council approve Application RZT 19-001 to amend Section 3.6.4.5.2 entitled "Development Standards" and 3.8.1.1 entitled "Applicability" of the North Augusta Development Code to revise requirements for P, Public Use District related to corridor overlay standards in Article 3, Zoning Districts, of the North Augusta Development Code. The motion was lost on a 4-2 vote and no recommendation will be presented to City Council. A draft ordinance approving the text amendment is attached and a digital copy has been forwarded to the City Clerk. Please schedule the ordinance for consideration by City Council at the next available meeting. HISTORY AND EXPLANATION The current North Augusta Development Code was adopted by City Council on December 17, 2007 and became effective January 1, 2008. Overlay Districts were introduced in this code. The 1996 North Augusta Zoning Development Standards Ordinance(ZDSO) allowed for municipal facilities and certain other public service uses to be established without regard to districts provided the use met the dimensional requirements of the district, except height. All municipal developments were required to have the approval of City Council. Resolution No. 2019-11 instructed the City Administrator to apply for the text change as described herein. P&D Memo 19-00x Application RZT 19-001 April 29, 2019 Page 2 of 2 PUBLIC NOTICE A public notice of the text amendment request and scheduled date of the Planning Commission public hearing was published in The North Augusta Star on April 3, 2019. The public hearing notice was published on the City's website www.northaugusta.net on April 3, 2019. PROPOSED AMENDMENTS The proposed revisions to the Development Code have been modified to show changes as follows: Underlined Text: text that has been modified or added to the Code. Stoke-Through Teed:text that will be removed. § 3.6.4.5.2 Development Standards—Uses within the P, Public Use District, are not subject to the dimensional standards of§3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. eday dis#Gt the deedaFds of§3.8 .apply. and §3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map, with the exception of those lots or parcels zoned P. Attachments: Staff Report Resolution Public Notice Department of Planning North Augusta\� and Development south cmollnas RJL)erfrnnr Project Staff Report RZT19-001 Public Use Text Amendment Prepared by: Libby Hodges Meeting Date:April 18, 2019 SECTION 1: PROJECT SUMMARY Project Name Public Use Text Amendment Applicant City of North Augusta Proposed Text Amendment Amendment of Sections 3.6.4.5.2 and 3.8.1.1 of the North Augusta Development Code to revise requirements for P, Public Use District related to corridor overlay standards. SECTION 2: GENERAL DESCRIPTION On March 18, 2019,City Council adopted Resolution 2019-11 directing the City Administrator to r... file an application requesting text amendments of the North Augusta Development Code related to Article 3.6.4.5.2, Development Standards and 3.8.1.1 Applicability/Corridor Overlay Districts as they relate to"P—Public Use' zoned properties.. V— Public Use' zoning is described as the following in the North Augusta Development Code: The purpose of the Public Use zoning district is to provide suitable locations for land and structures in the city of North Augusta used exclusively by the city of North Augusta, Aiken County, the State of South Carolina, the United States, or other governmental jurisdictions and their instrumentalities;and as such shall be used in accordance with such regulations as may be prescribed by the government or instrumentality thereof using the property. SECTION 3: PLANNING COMMISSION CONSIDERATION The Planning Commission is being asked to review the request for a text amendment based on the following provisions of the North Augusta Development Code: 5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to provide the public an opportunity to be heard consistent with the adoption procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process 1 Project Staff Report RZr19-001 Public Use Text Amendment Prepared by:Libby Hodges Meeting Date:April 18,2019 protections such as the right of the parties to offer evidence, cross-examination, sworn testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative review hearings such as amendments to a comprehensive plan, amendments to this Chapter including the zoning provisions of this Chapter and the Official Zoning Map, and applications for a Planned Development. The order of the proceedings for a legislative hearing shall be as set forth in 45.1.4.5.b. Testimony may be presented by any member of the public, but need not be submitted under oath or affirmation.The Planning Commission and Board of Zoning Appeals may establish a time limit for testimony. 5.3.2 Applicability This section applies to any application for an amendment to the text of this Chapter or for an amendment to the official Zoning Map. An amendment to the Official Zoning Map which reclassifies property from one zoning district to another is known as a "rezoning." A change to the text of this Chapter is referred to as a"text amendment'. 5.3.3 Initiation This Chapter, including the Official Zoning Map and any supporting map(s), may be amended from time to time by the City Council, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation.Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any communication,the interested parties shall be supplied with the proper application form(s) by the Director. (5.3.3.1 Rezoning,does not apply,removed for brevity) 5.3.3.2 Text Amendment—Any person,property owner, board,commission, department or the City Council may apply for a change in zoning ordinance text. A proceeding for approval of a text amendment may be initiated by filing an application with the Department. The application shall be signed by the applicant and shall include the language of the proposed amendment to the text of this Chapter and the justification for the proposed change. Before any application is accepted by the Department, it is recommended that the applicant meet with a representative of the Department. The purpose of the pre-application meeting is to discuss the procedures and requirements for a text amendment request. During the conference, the Department will identify the submittal requirements. Page 2 of 5 Project Staff Report RZT19-Ml Public Use Text Amendment Prepared by:Libby Hodges Meeting Date:April 18,2039 5.3.4 Completeness Review Within fifteen(15)working days after receipt of an application,the Department shall complete a review of the application, determine if the application is complete pursuant to this section, and inform the applicant of the status of the completeness of the application. If the Department determines the application is not complete,the applicant shall be advised of the reasons for the incomplete application, the additional information required and the schedule to complete the application process. 5.3.5 Decision 5.3.5.1 The Director shall transmit the application to the Planning Commission for consideration at the next regularly scheduled monthly meeting following receipt of a complete application, provided that the complete application is submitted at least thirty (30) calendar days prior to said meeting. Notice of the public hearing shall be provided as set forth in §5.1.3. The Planning Commission shall approve or deny the zoning amendment in accordance with the procedures for a legislative hearing as set forth in §5.1.4.6. 5.3.5.2 At least ten (10) days' notice and opportunity to comment must be given to the public if the applicant is allowed to present oral or written comments pursuant to S.C. Code§6-29-760. 5.3.5.3 The Planning Commission shall submit its recommendation to the City Council within thirty(30) calendar days,or other period required by law,after the initial hearing date(see S.C.Code§6-29-760(A).A majority vote is required for the Planning Commission to approve,approve with conditions,if applicable,or deny a rezoning or text amendment application. A recommendation of approval with conditions of a rezoning may be submitted only if a conditional use permit is requested pursuant to§5.5. 5.3.5.4 The City Council shall consider the recommendation of the Planning Commission on each proposed rezoning and text amendment within thirty (30)days of receipt of the Planning Commission report. The City Council is not bound by the recommendation in making a final decision and may call for additional information and/or public hearing(s). 5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning or text amendment, whether enacted before or after the effective date of this section, may be made sixty (60) days after the decision of the City Council if there has been substantial compliance with the notice requirements of this section, with established procedures of the City Council and the Planning Commission and with S.C. Code§6-29. Page 3 of 5 Proiect Staff Report RZT19 001 Public Use Text Amendment Prepared by:Libby Hodges Meeting Date:April 18,2019 5.3.6 Approval Criteria Whenever the public necessity, safety or general welfare justifies such action, the Planning Commission may recommend amendments to the text of this Chapter or changes to zoning district boundaries. The Planning Commission shall consider all of the factors specified in this section,at a minimum,in reviewing an application for a rezoning.The Planning Commission shall consider the factors specified in 45.3.3.2 in reviewing an application for a text amendment. In summary,the Planning Commission is being asked to review the proposed text changes and provide a recommendation of approval or denial, which will be forwarded to the City Council. Section 5.3.3.2 does not appear to provide additional standards for analysis to address in this staff report.The justification for the change and items needed to determine completeness are addressed in the resolution requesting the text change, a copy of which is supplied in the attachments. SECTION 4: PUBLIC NOTICE A public notice of the text amendment request and scheduled date of the Planning Commission public hearing was published in The North Augusta Star on April 3, 2019. The public hearing notice was published on the City's website www.northougusta.net on April 3, 2019. SECTION 5: HISTORY The current North Augusta Development Code was adopted by City Council on December 17, 2007 and became effective January 1,2008.Overlay Districts were introduced in this code. The 1996 North Augusta Zoning Development Standards Ordinance(ZDSO)allowed for municipal facilities and certain other public service uses to be established without regard to districts provided the use met the dimensional requirements of the district, except height. All municipal developments were required to have the approval of City Council. Page 4 of 5 Protect Staff Report RZf19-001 Public Use Text Amendment C Prepared by:tabby Hodges Meeting Date:April 18,2019 SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS The proposed revisions to the Development Code have been modified to show changes as follows: Underlined Text:text that has been modified or added to the Code. rte:i, Xt:text that will be removed. 3.6.4.5.2 Development Standards— Uses within the P, Public Use District, are not subject to the dimensional standards of §3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. If the use is withiR a eaFFide+ evieFlay diStFiCt,the NaAdaFdS..f GOO aPPIY- and 3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map, with the exception of those lots or parcels zoned P. SECTION 7: ATTACHMENTS 1. Copy of Resolution 2019-011 2. NADC Section 3.6.4, un-edited 3. NADC Section 3.8.1.1,un-edited 4. DRAFT revisions to NADC Section 3.6.4 and 3.8.1.1. S. 1996 Zoning Development Standards Ordinance,Section 1 6. Public Notice `y Page 5 of 5 RESOLUTION NO,2019-11 A RESOLUTION DIRECTING THE CITY ADMINISTRATOR TO FILE AN APPLICATION REQUESTING TEXT AMENDMENTS OF THE NORTH AUGUSTA DEVELOPMENT CODE. SUCH TEXT AMENDMENTS RELATED TO ARTICLE 3.6.4.5.2 DEVELOPMENT STANDARDS AND 3.8.1.1 APPLICABILITY/CORRIDOR OVERLAY DISTRICTS WHEREAS,the Mayor and City Council have been reviewing and considering elements of the current Development Code as they relate to utilization of property by the City; and WHEREAS, the current Development Code made public property subject to certain restrictions on development,that did not appear in previous codes; and WHEREAS,the Mayor and City Council have determined that some changes to the existing Development Code are appropriate and in the best interest of the City and that changes to the Development Code should be pursued. NOW THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of North Augusta,South Carolina,in meeting duly assembled and by the authority thereof,that the City Administrator is authorized as follows: C1. Mayor and City Council direct the City Administrator to file the appropriate application with the Department of Planning and Development requesting the following text amendments to the North Augusta Development Code: a. 3.6.4.5.2 Such section would be deleted in its present form and amended to read as follows: Development Standards Uses within the P, Public Use District, are not subject to the dimensional standards of §3.5 and §3.8. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. b. 3.8.1.1 Such section would be deleted in its present form and amended to read as follows: This section applies to any lot or parcel within the following Corridor Overlay Districts that we designated on the Official Zoning Map,with the exception of those lots or parcels zoned P. 2. The City Administrator is further authorized to execute any documents necessary to make this application as well as submit any documents or information as required to allow the request to proceed. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS_f _DAY OF MARCH, 2019. SIGNED BY: ROBERT AWETTITMAYOR ATTES�TE�D� BY: / SHARON LAMAR,CITY CLERK v C MtTICI-E 3,SECTION 3.6.4 UN-EDITED ARTICLE 3—ZONING DISTRICTS 3.6.2 CR, Critical Areas District 3.6.2.1 Purpose — The purpose of this district is to preserve and/or control development within known and identifiable areas of the city that exhibit the following characteristics: a. Wetlands, water courses, and lands reserved or maintained for stormwater management; b. Lands that serve as natural wildlife refuge areas; c. Environmentally sensitive lands and lands possessing great natural or historical resources; d. Lands that are reserved for open space or future parks and recreational areas; and e. Passive park and recreational lands. 3.6.2.2 Mapped Critical Areas — Lands exhibiting these characteristics shall be mapped as CR on the Official Zoning Map. 3.6.2.3 Permitted Uses — Development shall be limited to uses listed in Table 3-2, Use Matrix. 3.6.2.4 Dimensional Standards — Dimensional standards shall be the same as those applicable to an R-14 District. 3.6.3 TND, Traditional Neighborhood Development District 3.6.3.1 Purpose — The purpose of this district is to provide for concentrated /^ mixed residential, retail, service and office uses.This district does not regulate land uses \r but, instead, permits any use to be established subject to design standards established in Article 2, Use Patterns, for a TND. Urban design standards are required to be supplied by the applicant or developer prior to approval in order maintain a neighborhood commercial scale and to promote pedestrian activity. Pedestrian circulation and common parking areas are required. 3.6.3.2 Location Criteria—A TND District may be designated for areas: With an existing mix of retail, office, service, and residential uses located within a radius of one-quarter(%) of a mile, or On a tract or parcel for which a TND Use Pattern is proposed. 3.6.3.3 Use Regulations — The Use Matrix does not apply to a TND District provided, however, that no building permit shall be issued unless the requested use conforms to a preliminary subdivision development plan approved pursuant to a rezoning to a TND District. A TND development that complies with the TND Use Pattern regulations in Article 2, Use Patterns, may be permitted in a TND District as of right. 3.6.3.4 Development Standards — See Article 2, Use Patterns, for TND regulations. 3.6.4 P, Public Use District 3.6.4.1 Purpose—The purpose of this district is to provide suitable locations for land and structures in the city of North Augusta used exclusively by the city of North CAugusta, Aiken County, the State of South Carolina, the United States, or other North Augusta Development Code 3-37 ARTICLE 3,SECTION 3 6 4 UN-EDITED ARTICLE 3 —ZONING DISTRICTS governmental jurisdictions and their instrumentalities; and as such shall be used in accordance with such regulations as may be prescribed by the government or instrumentality thereof using the property. This district is also applicable to land owned by public utilities and public service providers of water, sewer, electricity, natural gas, telephone, cable and internet and improved or utilized for the delivery of the public service (power generating or transforming stations, transmission and distribution lines and facilities, switching stations, etc.). Property owned by public utilities and utilized primarily for office, customer service or retail sales is not appropriate for the Public Use district. If Public Use zoned property is sold to a private individual or individuals, such property shall be rezoned to a classification that is compatible with the surrounding area. (Rev. 12-1-08; Ord. 2008-18) 3.6.4.2 Applicability —A P, Public Use District, designation may be applied to a use located on property used or reserved for a civic or public institutional purpose or for a major public facility, regardless of ownership of the land on which the use is located. A P, Public Use District designation may not be applied to government-owned property that is leased to a nongovernmental agency for a use other than a governmental service or for a use that supports a primary civic or public institutional use. 3.6.4.3 Permitted Uses — The uses listed in Table 3-7 are permitted in the P, Public Use District, subject to the issuance of a conditional use permit as required by Article 5, Approval Procedures. Public lands that are reserved or designated for environmental protection, open space or other natural state should be zoned in the CR, Critical Areas District, rather than the P, Public Use District. 3.6.4.4 Procedures — A site plan is required for uses permitted in the P, Public Use District, to the extent required by law. The site plan may be submitted concurrent with an application for rezoning. However, the Planning Commission and City Council may attach additional conditions to the approval of the district subject to a development agreement. In lieu of the application submittal requirements specified in Article 5, Approval Procedures,the applicant for rezoning to a P, Public Use District, shall address each of the review criteria of this section in their application materials. 3.6.4.5 Standards and Review Criteria 3.6.4.5.1 Review Criteria for Rezoning — In reviewing an application for a proposed P, Public Use District, the Planning Commission and City Council shall consider the following: a. Inter-jurisdictional Analysis — A review to determine the extent to which an inter- jurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a citywide, countywide, regional or state-wide nature, and whether uniformity among jurisdictions should be considered. b. Financial Analysis — A review to determine if a negative financial impact upon the City of North Augusta can be reduced or avoided by intergovernmental agreement. c. Special Purpose Districts —When the public facility is being proposed by a special purpose district including a school district, the city should consider the facility in the context of the districts overall plan and the extent to which the plan and facility are consistent with the Comprehensive Plan. North Augusta Development Code 3-38 ARTICLE 3,SECTION 3.6.4 ON-EDITED ARTICLE 3 —ZONING DISTRICTS It. Measures to Facilitate Siting — The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors including, but not limited to, 1. The availability of land; 2. Access to the transportation network; 3. Compatibility with neighboring uses; and 4. The impact on the physical environment. 3.6.4.5.2 Development Standards—Uses within the P, Public Use District, are not subject to the dimensional standards of §3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. If the use is within a corridor overlay district, the standards of§3.8 apply. TABLE 3-7 USES PERMITTED IN THE P, PUBLIC USE DISTRICT A B C D LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 1. Fire,sheriff, and emergency services 6400-6430 4500-4530 922120 2. Government offices or other governmental civic uses or facilities 6200-6221 92 such as courts and city halls 3. Libraries 4242 4300 519120 4. Museums, galleries 712110 5. Maintenance of government buildings and grounds, including equipment 2450 561210 storage 6. Open space, park or active recreational uses operated on a non- 5500 712190 commercial basis 7. Post office 6310 491 6. Recreation centers 5380 3200 713940 9. Schools, academic, continuance, alternative, adult, colleges and 6124-6140 4220 6113 universities, and technical, trade, and otherspecialty schools 10. 2211 Public utility storage and service yards 2450 2212 2213 [12'_ Sewage treatment plant, pump 6300-6314 stations or lift stations 4340 6350-6356 22132 Solid waste collection centers, solid 562111 waste transfer stations, recyclable 4343 552119 materials, yard waste and similar items North Augusta Development Code 3-39 ARTICLE 3,SECTION 3.6.4 UN-EDITED ARTICLE 3 —ZONING DISTRICTS A B C D LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 13. Water supply facilities including pump stations, dams, levees, culverts,water tanks, wells,treatment plants, 6200-6290 221310 reservoirs, and other irrigation facilities 14. Service providers of water, sewer, electricity, natural gas, telephone, cable and internet and improved or utilized for the delivery of the public 4300 6000 221 service(power generating or 517 transforming stations, transmission and distribution lines and facilities, switching stations, etc. 3.6.5 R-MH, Manufactured Housing and Mobile Home District 3.6.5.1 Purpose — The purpose of this district is to provide housing alternatives in the way of manufactured housing or mobile home subdivisions, and to insure quality development of such projects consistent with the city's prevailing residential characteristics. This district shall function as a "Floating zone" wherein the district is described and set forth in the text below but shall be unmapped. A property owner may �%W petition for the zone to be applied to a particular parcel meeting the minimum zoning district area requirements of this Chapter through legislative action of the City Council. Comment: Manufactured Homes are factory-built homes that comply with the National Manufactured Housing Construction and Safety Standards, known as the "HUD Code." Mobile Homes are factory built homes that do not conform to the HUD Code or the local building code, typically because they were manufactured prior to adoption of the HUD Code in 1976. Modular Homes are factory-built homes that comply with the local building code rather than the HUD Code. See the detailed definitions of these terms in Appendix A. Standard Manufactured Homes are permitted only in the R-MH Zoning District. 3.6.6.2 Manufactured housing or mobile home parks in the R-MH, Manufactured Home Residential District, shall conform to the following standards in addition to those set forth in Articles 4 through 16: 3.6.5.2.1 The following uses are permitted within an R-MH, Manufactured Home Residential District: a. Manufactured homes. b. Mobile homes within parks or subdivisions. c. Any use permitted within an R-7 district. 3.6.5.3 No more than one (1) dwelling unit shall occupy one (1) lot. North Augusta Development Code 3-40 ARTICLE 3,SECTION 3.8.1-UNEDITED ARTICLE 3 —ZONING DISTRICTS 3.6.5.4 Manufactured homes and mobile homes shall have their wheels and tongue removed upon arrival to the site and may not be occupied until the wheels and tongue have been removed. 3.6.5.5 Manufactured units or mobile homes shall be placed on a permanent foundation with all utilities (underground) already in place for each dwelling unit. The perimeter of the units shall be screened with permanent landscaping or fencing material consistent with the standards for building landscaping in Article 10, Landscaping. The units shall be anchored to the site in a manner approved by the city to protect against accidental movement. 3.6.5.6 Parking spaces shall be paved, properly marked, and lighted. 3.6.5.7 Concrete curbs shall be installed at the end of all "head-in" parking spaces. 3.6.5.8 All roadways shall have a minimum travel width of twenty (20) feet exclusive of parking. 3.6.5.9 A minimum of ten percent (10%) of the park site gross acreage shall be reserved and developed for recreational purposes. No recreation area shall be smaller then one-half(Y:) acre. 3.6.5.10 Accessory uses shall be limited to park offices, laundromats, meeting halls or activity centers, recreation facilities and maintenance buildings. Lots occupied by individual units may include one (1) accessory structure provided it is located behind the '�. front elevation of the principal structure on the lot and a setback of three (3) feet is maintained on the side and rear. 3.6.5.11 Home occupations are permitted only within the dwelling units occupying each lot or dwelling site. 3.7 RESERVED 3.8 CORRIDOR OVERLAY DISTRICTS 3.8.1 Applicability 3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map. 3.8.1.2 In the event that the definite boundaries of the district cannot be ascertained, Corridor Overlay Districts shall be deemed to encompass the depth of the lots fronting on both sides of the corridor street up to three hundred (300) feet and all property within three hundred (300)feet of the edge of the right of way which utilizes the corridor street for direct access, unless otherwise specified, along specific sections of the corridor streets designated in §3.8.2, Establishment of Corridor Overlay Districts. 3.8.1.3 The streets designated in §3.8.2, Table 3-8, Column B, are referred to as Corridor Streets(see Figure 3-1). C North Augusta Development Code 3.41 ARTICLE 3,SECTION 3.8.1-UNEDITED ARTICLE 3—ZONING DISTRICTS 3.8.1.4 A street that intersects a designated Corridor Street is referred to as an Intersecting Street(see Figure 3-1). FIGURE 3.1 CORRIDOR AND INTERSECTING STREETS Not suhie mmrtidor regulations >r> L e y C Subje toca',Id..Vllims i comda,street 3.8.2 Establishment of Corridor Overlay Districts The following overlay districts are hereby established: TABLE 3.8 CORRIDOR DISTRICTS ESTABLISHED (Rev. 12-19-11; Ord.2011-16) (Rev. 6-20-16; Ord. 2016-14) A B Overlay District Corridor Streets Generali 1. G, Georgia 1. Georgia Avenue north of the Greenaway to Spring Grove Avenue Overlay Avenue 1. Martintown Road between US 1 and Bama Avenue 2. The commercially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive 3. The south side of Martintown Road between West Avenue and River Bluff Drive 4. Martintown Road between Knobcone Avenue and the city limits HC, Highway 5. Knox Avenue/Edgefeld Road (US 25) between Martintown 2• Corridor Road and the city limits north of Walnut Lane Overlay 6. Jefferson Davis Highway (US 1) between Martintown Road and Atomic Road 7. Belvedere-Clearwater Road between Edgefeld Road (US 25) and Old Sudlow Lake Road 8. The east side of Georgia Avenue between Marion Avenue and Knox Avenue/Edgefield Road (US 25) 9. The west side of Georgia Avenue between Hugh Street and Knox Avenue/Edgefield Road (US 25) 10. Five Notch Road Between Georgia Avenue and Walnut Lane North Augusta Development Code 3-42 ARTICLE 3,SECTION 3.8.1-UNEDRED ARTICLE 3-ZONING DISTRICTS A B -Gv-erW District Corridor Streets General) 1. West Avenue between Jackson Avenue and Martintown Road 2. Carolina Avenue between Jackson Avenue and Martintown Road 3. The south side of Martintown Road between Bama Avenue and West Avenue 4. The north side of Martintown Road between Barns Avenue and Hampton Avenue NP 5. The residentially zoned and utilized property on the north 3. Neighborhood side of Martintown Road between Hampton Avenue and Preservation River Bluff Drive Overlay 6. Martintown Road between River Bluff Drive and Hammond Pond Road 7. The east side of Georgia Avenue between Jackson Avenue and Observatory Avenue 8. The east side of Georgia Avenue between Sidereal Avenue and Argyle Avenue 9. The west side of Georgia Avenue between Jackson Avenue and Hugh Street 10. Buena Vista Avenue from the alley located between Georgia Avenue and East Avenue to Brookside Drive 4 LMK, Landmark 1. Reserved. Not applicable until the city adopts historic Overlay reservation standards for any portion of the city. 3.8.3 District Purposes and Standards The purposes, zoning standards, site design and access standards, and building form standards for each corridor district are described in §3.8.4 for the Georgia Avenue Overlay District, §3.8.5 for the Highway Corridor Overlay district and §3.8.6 for the Neighborhood Preservation Corridor Overlay District. 3.8.4 G, Georgia Avenue Overlay District 3.8.4.1 Purpose and Findings — The G, Georgia Avenue Overlay District, is designed for that portion of the D, Downtown Mixed Use District, that contains the heart of traditional commercial activity in North Augusta. This overlay is created with an emphasis on maintaining the integrity of the traditional storefront building facades to facilitate a mixture of uses, including residential, coordinating parking design and access, and encouraging greater pedestrian activity and use. (Rev. 6-20-16; Ord, 2016- 14) North Augusta Development Code 3-43 DRAFT ARTICLE 3,SECTIONS 3.6.4.5.2 8 3.8.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS 3.6.2 CR, Critical Areas District 3.6.2.1 Purpose — The purpose of this district is to preserve and/or control development within known and identifiable areas of the city that exhibit the following characteristics: a. Wetlands, water courses, and lands reserved or maintained for stormwater management; b. Lands that serve as natural wildlife refuge areas; c. Environmentally sensitive lands and lands possessing great natural or historical resources; d. Lands that are reserved for open space or future parks and recreational areas; and e. Passive park and recreational lands. 3.6.2.2 Mapped Critical Areas — Lands exhibiting these characteristics shall be mapped as CR on the Official Zoning Map. 3.6.2.3 Permitted Uses—Development shall be limited to uses listed in Table 3- 2, Use Matrix. 3.6.2.4 Dimensional Standards — Dimensional standards shall be the same as those applicable to an R-14 District. 3.6.3 TND,Traditional Neighborhood Development District 3.6.3.1 Purpose—The purpose of this district is to provide for concentrated mixed residential, retail, service and office uses. This district does not regulate land uses but, instead, permits any use to be established subject to design standards established in Article 2, Use Patterns,for a TND. Urban design standards are required to be supplied by the applicant or developer prior to approval in order maintain a neighborhood commercial scale and to promote pedestrian activity. Pedestrian circulation and common parking areas are required. 3.6.3.2 Location Criteria—A TND District may be designated for areas: With an existing mix of retail, office, service, and residential uses located within a radius of one-quarter(%) of a mile, or On a tract or parcel for which a TND Use Pattern is proposed. 3.6.3.3 Use Regulations — The Use Matrix does not apply to a TND District provided, however, that no building permit shall be issued unless the requested use conforms to a preliminary subdivision development plan approved pursuant to a rezoning to a TND District.A TND development that complies with the TND Use Pattern regulations in Article 2, Use Patterns, may be permitted in a TND District as of right. 3.6.3.4 Development Standards — See Article 2, Use Patterns, for TND regulations. 3.6.4 P, Public Use District 3.6.4.1 Purpose—The purpose of this district is to provide suitable locations for land and structures in the city of North Augusta used exclusively by the city of North Augusta, Aiken County, the State of South Carolina, the United States, or other North Augusta Development Code 3-36 DRAFT ARTICLE 3,SECTIONS 3.6.4.5.2 8 3.0.1.1. DRAFT ARTICLE 3 —ZONING DISTRICTS governmental jurisdictions and their instrumentalities; and as such shall be used in accordance with such regulations as may be prescribed by the government or instrumentality thereof using the property. This district is also applicable to land owned by public utilities and public service providers of water, sewer, electricity, natural gas, telephone, cable and internet and improved or utilized for the delivery of the public service (power generating or transforming stations, transmission and distribution lines and facilities, switching stations, etc.). Property owned by public utilities and utilized primarily for office, customer service or retail sales is not appropriate for the Public Use district. If Public Use zoned property is sold to a private individual or individuals, such property shall be rezoned to a classification that is compatible with the surrounding area. (Rev. 12-1-08; Ord. 2008-18) 3.6.4.2 Applicability —A P, Public Use District, designation may be applied to a use located on property used or reserved for a civic or public institutional purpose or for a major public facility, regardless of ownership of the land on which the use is located. A P, Public Use District designation may not be applied to government-owned property that is leased to a nongovernmental agency for a use other than a governmental service or for a use that supports a primary civic or public institutional use. 3.6.4.3 Permitted Uses — The uses listed in Table 3-7 are permitted in the P, Public Use District, subject to the issuance of a conditional use permit as required by Article 5, Approval Procedures. Public lands that are reserved or designated for environmental protection, open space or other natural state should be zoned in the CR, Critical Areas District, rather than the P, Public Use District. 3.6.4.4 Procedures — A site plan is required for uses permitted in the P, Public Use District,to the extent required by law.The site plan may be submitted cuncurrent vv4t` an application for rezoning. However, the Planning Commission and City Council may attach additional conditions to the approval of the district subject to a development agreement.In lieu of the applicatin^^=.—...;.i requirements specified in Article 5,Approval Procedures, the applicant for rezoning to a P, Public Use District, shall address each of the review criteria of this section in their application materials. 3.6.4.5 Standards and Review Criteria 3.6.4.5.1 Review Criteria for Rezoning—In reviewing an application for a proposed P, Public Use District, the Planning Commission and City Council shall consider the following: a. Inter-jurisdictional Analysis — A review to determine the extent to which an inter- jurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a citywide, countywide, regional or state-wide nature, and whether uniformity among jurisdictions should be considered. b. Financial Analysis—A review to determine if a negative financial impact upon the City of North Augusta can be reduced or avoided by intergovernmental agreement. c. Special Purpose Districts — When the public facility is being proposed by a special purpose district including a school district, the city should consider the facility in the context of the district's overall plan and the extent to which the plan and facility are consistent with the Comprehensive Plan. North Augusta Development Code 3-37 DRAFT ARTICLE 3,SECTIONS 3.6.4.5.2 8 3.6.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS d. Measures to Facilitate Siting—The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors including, but not limited to: 1. The availability of land; 2. Access to the transportation network; 3. Compatibility with neighboring uses; and 4. The impact on the physical environment. 3.6.4.5.2 Development Standards—Uses within the P, Public Use District, are not subject to the dimensional standards of §3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. TABLE 3-7 USES PERMITTED IN THE P, PUBLIC USE DISTRICT A B C D LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 1. Fire, sheriff, and emergency services 6400-6430 4500-4530 922120 2. Government offices or other governmental civic uses or facilities 6200 -6221 92 such as courts and city halls 3. Libraries 4242 4300 519120 4. Museums, galleries 712110 5. Maintenance of government buildings and grounds, including equipment 2450 561210 storage G. Open space, park or active recreational uses operated on a non- 5500 712190 commercial basis 7. Post office 6310 491 8. Recreation centers 5380 3200 713940 9. Schools, academic, continuance, alternative, adult, colleges and 6124-6140 4220 6113 universities, and technical, trade, and otherspecial schools 10. Public utility storage and service 2211 yards 2450 2212 2213 11. Sewage treatment plant, pump 6300-6314 stations, or lift stations 4340 6350-6356 22132 12. Solid waste collection centers, solid waste transfer stations, recyclable 4343 562111 materials, yard waste and similar 562119 items North Augusta Development Code 3-38 DRAFT ARTICLE 3.SECTIONS 3.6.4.5.2 S 3.8.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS A B C D LSCS LBCS NAICS Permitted Uses Function Structure Code Code Code 13. Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells,treatment plants, 6200-6290 221310 reservoirs, and other Irrigation facilities 14. Service providers of water, sewer, electricity, natural gas,telephone, cable and internet and improved or utilized for the delivery of the public 8300 6000 221 service (power generating or 517 transforming stations, transmission and distribution lines and facilities, switchinq stations, etc. 3.6.5 R-MH, Manufactured Housing and Mobile Home District 3.6.5.1 Purpose—The purpose of this district is to provide housing alternatives in the way of manufactured housing or mobile home subdivisions, and to insure quality development of such projects consistent with the city's prevailing residential characteristics. This district shall function as a "floating zone" wherein the district is described and set forth in the text below but shall be unmapped. A property owner may petition for the zone to be applied to a particular parcel meeting the minimum zoning district area requirements of this-Chapter through legislative action of the City Council. Comment: Manufactured Homes are factory-built homes that comply with the National Manufactured Housing Construction and Safety Standards, known as the "HUD Code." Mobile Homes are factory built homes that do not conform to the HUD Code or the local building code, typically because they were manufactured prior to adoption of the HUD Code in 1976. Modular Homes are factory-built homes that comply with the local building code rather than the HUD Code. See the detailed definitions of these terms in Appendix A. Standard Manufactured Homes are permitted only in the R-MH Zoning District. 3.6.6.2 Manufactured housing or mobile home parks in the R-MH, Manufactured Home Residential District, shall conform to the following standards in addition to those set forth in Articles 4 through 16: 3.6.5.2.1 The following uses are permitted within an R-MH, Manufactured Home Residential District: a. Manufactured homes. b. Mobile homes within parks or subdivisions. c. Any use permitted within an R-7 district. 3.6.5.3 No more than one(1)dwelling unit shall occupy one(1) lot. North Augusta Development Code 3-39 DRAFT ARTICLE 3,SECTIONS 3.6.4.5.2 8 3.8.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS .. 3.6.5.4 Manufactured homes and mobile homes shall have their wheels and tongue removed upon arrival to the site and may not be occupied until the wheels and tongue have been removed. 3.6.5.5 Manufactured units or mobile homes shall be placed on a permanent foundation with all utilities (underground) already in place for each dwelling unit. The perimeter of the units shall be screened with permanent landscaping or fencing material consistentwith the standards for building landscaping in Article 10, Landscaping.The units shall be anchored to the site in a manner approved by the city to protect against accidental movement. 3.6.5.6 Parking spaces shall be paved, properly marked, and lighted. 3.6.5.7 Concrete curbs shall be installed at the end of all"head-in"parking spaces. 3.6.5.8 All roadways shall have a minimum travel width of twenty (20) feet exclusive of parking. 3.6.5.9 A minimum of ten percent (10%) of the park site gross acreage shall be reserved and developed for recreational purposes. No recreation area shall be smaller than one-half(%) acre. 3.6.5.10 Accessory uses shall be limited to park offices, laundromats, meeting halls or activity centers, recreation facilities and maintenance buildings. Lots occupied by individual units may include one (1) accessory structure provided it is located behind the front elevation of the principal structure on the lot and a setback of three (3) feet is maintained on the side and rear. 3.6.5.11 Home occupations are permitted only within the dwelling units occupying each lot or dwelling site. 3.7 RESERVED 3.8 CORRIDOR OVERLAY DISTRICTS 3.8.1 Applicability 3.8.1.1 This section applies to any lot or parcel within the following Corridor Overlay Districts that are designated on the Official Zoning Map, with the exception of those lots or parcels zoned P. 3.8.1.2 In the event that the definite boundaries of the district cannot be ascertained, Corridor Overlay Districts shall be deemed to encompass the depth of the lots fronting on both sides of the corridor street up to three hundred (300) feet and all property within three hundred (300) feet of the edge of the right of way which utilizes the corridor street for direct access, unless otherwise specified, along specific sections of the corridor streets designated in §3.8.2, Establishment of Corridor Overlay Districts. 3.8.1.3 The streets designated in §3.8.2, Table 3-8, Column B, are referred to as Corridor Streets (see Figure 3-1). North Augusta Development Code 3-40 DRAFT ARTICLE 3,SECTIONS 3.6.4.5.2 8 3.8.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS 3.8.1.4 A street that intersects a designated Corridor Street is referred to as an Intersecting Street(see Figure 3-1). FIGURE 3-1 CORRIDOR AND INTERSECTING STREETS Na aiNi MwmErm&fi... . =. ------------- r---------------- ------- i c N _ i S § sAwtocolntl Mqul#Iws i `Comdor 5Vee1 3.8.2 Establishment of Corridor Overlay Districts The following overlay districts are hereby established: TABLE 3.8 CORRIDOR DISTRICTS ESTABLISHED (Rev. 12-19-11; Ord. 2011-16) (Rev. 6-20-16; Ord. 2016-14) A i B Overlay District Corridor Streets General) 1, G, Georgia 1. Georgia Avenue north of the Greenaway to Spring Grove Avenue Overlay Avenue 1. Martintown Road between US 1 and Same Avenue 2. The commercially zoned and utilized property on the north side of Martintown Road between Hampton Avenue and River Bluff Drive 3. The south side of Martintown Road between West Avenue and River Bluff Drive 4. Martintown Road between Knobcone Avenue and the city limits HC, Highway 5. Knox Avenue/Edgefield Road (US 25) between 2. Corridor Martintown Road and the city limits north of Walnut Lane Overlay 6. Jefferson Davis Highway(US 1) between Martintown Road and Atomic Road 7. Belvedere-Clearwater Road between Edgefield Road (US 25) and Old Sudlow Lake Road 8. The east side of Georgia Avenue between Marion Avenue and Knox Avenue/Edgefield Road (US 25) 9. The west side of Georgia Avenue between Hugh Street and Knox Avenue/Edgefield Road (US 25) 10. Five Notch Road Between Georgia Avenue and Walnut Lane North Augusta Development Code 3-41 DRAFT ARTICLE 3,SECTIONS 3.8.4.5.2&3.8.1.1. DRAFT ARTICLE 3—ZONING DISTRICTS A B Overlay District Corridor Streets Generali 1. West Avenue between Jackson Avenue and Martintown Road 2. Carolina Avenue between Jackson Avenue and Martintown Road 3. The south side of Martintown Road between Barre Avenue and West Avenue 4. The north side of Martintown Road between Barns Avenue and Hampton Avenue NP 5. The residentially zoned and utilized property on the north 3. Neighborhood side of Martintown Road between Hampton Avenue and Preservation River Bluff Drive Overlay 6. Martintown Road between River Bluff Drive and Hammond Pond Road 7. The east side of Georgia Avenue between Jackson Avenue and Observatory Avenue 8. The east side of Georgia Avenue between Sidereal Avenue and Argyle Avenue 9. The west side of Georgia Avenue between Jackson Avenue and Hugh Street 10. Buena Vista Avenue from the alley located between Georgia Avenue and East Avenue to Brookside Drive 4 LMK, Landmark 1. Reserved. Not applicable until the city adopts historic Overlay reservation standards for any portion of the city. 3.8.3 District Purposes and Standards The purposes, zoning standards, site design and access standards, and building form standards for each corridor district are described in§3.8.4 for the Georgia Avenue Overlay District, §3.8.5 for the Highway Corridor Overlay district and §3.8.6 for the Neighborhood Preservation Corridor Overlay District. 3.8.4 G, Georgia Avenue Overlay District 3.8.4.7 Purpose and Findings — The G, Georgia Avenue Overlay District, is designed for that portion of the D, Downtown Mixed Use District, that contains the heart of traditional commercial activity in North Augusta. This overlay is created with an emphasis on maintaining the integrity of the traditional storefront building facades to facilitate a mixture of uses, including residential, coordinating parking design and access, and encouraging greater pedestrian activity and use. (Rev. 6-20-16; Ord. 2016-14) North Augusta Development Code 3-42 C SECTION J: CERTAIN PUBLIC SERVICE AND UNIQUE USES EXEMPT 4.j.1. General: Due to the unique nature of certain public service uses and the need to locate such uses in certain areas of the City, the following list of uses may be established without regard to districts, provided such uses meet all dimensional requirements of the district, except height. The Planning Commission shall be required to approve items a through c, and City Council shall approve item d, of the items listed below. a. Telephone exchange and repeater stations b. Radio and TV Station Tower c. Electrical Transmitters d. Municipal facilities e. Personal communications system towers, and cellular telephone towers as outlined in Section 41. 4.J.2. Landscapes and Bufferyards: All land uses cited in this section shall observe Cthe landscaping and bufferyard requirements established in the Subdivision and Landscaping Chapter. See Illustrated Example of Bufferyard Design in Article Seven, Section D. 4.j.3. Mobile homes and manufactured structures may be permitted as temporary uses in any zoning district during construction of buildings or projects, provided that a permit for such use is first issued by the Zoning Administrator and that said use shall be removed within fifteen (15)days after completion of the project. SECTION K: COMMUNICATIONS TOWER AND ANTENNA 4.k.1. General: These regulations will permit the placement of communications towers and antennae in locations which will allow telecommunications services to be rendered in conformity with the authority in the Federal Telecommunications Act of 1996 and the goals of the municipal comprehensive plan and zoning ordinance to serve and protect the public health, safety, convenience, order, appearance, j prosperity,and general welfare. i C WCl]BRYlznning oNinencccmer and adinence 83 City of North Augusta, South Carolina Planning Commission PUBLIC HEARING NOTICE The North Augusta Planning Commission will hold a public hearing at its regular monthly meeting beginning at 7:00 PM on April 18, 2019, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following applications: RZT 19-001 —A request by the City of North Augusta to amend Section 3.6.4.5.2, Development Standards within the P, Public Use Zoning District and Section 3.8.1.1, Applicability of the Corridor Overlay Districts to the P, Public Use Zoning District. RZM 19-001 —A request by Greenstone Properties to rezone t 9.58 acres of land located west of Georgia Avenue between the North Augusta Greeneway and the Savannah River, Aiken County Tax Parcels: 007-18-05- 002, 007-18-05-004, 007-14-19-001, 007-14-19-005, 007-14-19-007, 007- 17-02-005, 007-17-02-008, 007-18-06-001, 007-17-02-006, 007-17-02-004, and 007-13-42-003 from PD, Planned Development to D, Downtown. Copies of the proposed amendments to the North Augusta Development Code and a map and documents related to the rezoning application will be available in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 803-441-4221. Citizens and property owners interested in expressing a view on any matter that is the subject of a public hearing are encouraged to attend. CITIZEN ASSISTANCE: Individuals needing special assistance or a sign interpreter to participate in the meeting are asked to please notify the Department of Planning and Development at 803-441-4221 at least 48 hours prior to the meeting. C M Department of Planning ATTACHMENT #15B r and Development Memorandum # 18-011 city of North Augusta To: B. Todd Glover, City Administrator From: Thomas C. Zeaser, Interim Director of Planning & Development Subject: Application number RZM18-001 - Rezoning - A request by the City of North Augusta to rezone t 2.41 acres of land located at 1220 and 1220 % Georgia Avenue, Aiken County Tax Parcels: 007-07-06-003 and 007-07-06-004 from R-14, Large Lot, Single-Family Residential to P, Public Use. The purpose of the rezoning request is to convert the lot for use as a new fire station. Date: May 29, 2018 Plannina Commission Recommendation On May 17, 2018, after a duly advertised and convened public hearing, the Planning Commission considered a request by the City of North Augusta to rezone t 2.41 acres of land at 1220 and 1220 % Georgia Avenue, Aiken County Tax Parcels: 007-07-06-003 and 007-07-06-004 from R-14, Large Lot, Single-Family Residential to P, Public Use. The Planning Commission, on a vote of 7.0, voted against a recommendation to City Council to rezone the property as proposed. Summary Project Name North Augusta Fire Station Applicant City of North Augusta Address/Location 1220 & 1220-1/2 Georgia Avenue Parcel Number Aiken County fax Parcel 007-07-06-003, t)07-07-06-004 Existing Zoning R-14, Large Lot, Single-Family Residential, Neighborhood Preservation Overlay District Proposed Zoning P, Public Use Proposed Use Fire Station History The parcels for which rezoning is requested were purchased by the City of North Augusta in June 2016 from the Estate of Starkey Sharp Flythe, Jr. for construction of a Public Safety facility. Per the "Building Assessment for North Augusta Public Safety Facility and Fire Station #1 Relocation", prepared by Johnson, Laschober&Associates, P.C., there exist two structures on the properties: the "Caretakers House" built in 1903 Memo#18-011 : Q RZM18-001 Fire Station Rezoning Request May 29, 2018 Page 2 City of North Augusta and the "Horse Stable House", also building in 1903 and remodeled in 1970. The assessment describes these structures as former"support spaces"for the Palmetto Lodge, which stood on the adjacent parcel (also now owned by the City of North Augusta) before it was destroyed by fire in 2008. The assessment concludes that both structures are severely deteriorated due to the environment and vandalism and offer no significant history or relevance. Site Conditions Existing Land Future Land Use Zoning Use Subject Residential Mixed Use R-14, Large Lot, Single- Parcel Family Residential North Residential Mixed Use RR-14arge, LLot, Single- Family Residential i South Vacant Mixed Use OC, Office Commercial i East Open Space Mixed Use P, Public Use Preservation West Residential Low-Density R-14, Large Lot, Single- Residential Family Residential Access -The site currently has direct access to Georgia Avenue and Observatory Avenue. Topooraphv-The existing topography of the site is relatively flat, sloping slightly from the North West corner to the South East corner of the property. Utilities - Potable water is available on Georgia Avenue through an existing 6-inch water main from the City of North Augusta. Adequate water capacity Is available to serve the site. Sewer is available from the City of North Augusta and has adequate capacity to serve the site. Water and wastewater service are both available on Georgia Avenue and have adequate capacity to serve the site. Floodplain -The subject property is not within federally designated floodpiains or wetlands. There are no jurisdictional wetlands or state waters on the site. Memo k18-011 18-001 Fire Station Rezoning Request May 1 May 29, 2018 Page 3 City of North Augusta Drainage Basin — The subject property drains into the Waterworks Basin. The Waterworks watershed includes high density residential, high density commercial, and some industrial areas. Stormwater Management has conducted a baseline assessment of the basin streams and has rated the Waterworks Basin as fair. Several water quality impairments were found including ammonia and manganese. Public Notice A notice of the rezoning request and scheduled date of the Planning Commission public hearing was mailed to the owners of property within 200 feet of the subject property on May 1, 2018. The property was posted with the required public notice on May 2, 2018. A public notice of the rezoning request and scheduled date of the Planning Commission public hearing was published in The Star and on the City's website at www.northaugusta.net on May 2, 2018. Findings and Analysis Section 5.3.6 of the North Augusta Development Code (NADC) provides the minimum approval criteria to be used in determining a recommendation to City Council. The Planning Commission shall consider all of the factors specified in this section, at a minimum, in reviewing an application for a rezoning. 1. The size of the tract in question (§5.3.6.1). The subject property is approximately 2.41 acres in total area, and is reflected as such on a boundary survey compiled for the City of North Augusta by John M. Bailey and Associates, P.C. dated April 11, 2016. The size of the property is appropriate for the purposes of the intended use of the property as a public safety headquarters. Rezoning the property to a P, Public Use district is appropriate for the purposes of redevelopment of this site. 2. Whether the proposal conforms with and furthers the goals of the Comprehensive Plan, other adopted plans, and the goals, objectives, and policies of the Development Code, §1.2 (§5.3.6.2). The proposed rezoning would provide an opportunity for the development of a new public safety fire station for the City of North Augusta. The 2017 Comprehensive Plan has goals and objectives that encourage establishing a long-term plan for prioritizing public sector investments and efficient, high quality city services. Memo#18-011 << RZM18-001 Fire Station Rezoning Request May 29,2018 Page 4 City of North Augusta 3. The relationship of the uses envisioned under the new zoning and the uses currently present in adjacent tracts. In particular, the Planning Commission shall consider whether as stated in §5.3.6.3 of the NADC: a. The proposed rezoning is compatible with the surrounding area; The proposed rezoning would provide a public safety fire station to be permitted by right. Access would be provided from existing roads in the transportation network. The existing R-14, Large Lot, Single-Family Residential zoning restricts the use for a fire station. It would appear that the proposed rezoning is compatible with the surrounding area. b. There will be any adverse effects on the capacity or safety of the portion of street network influenced by the rezoning; The street network must be evaluated as part of the site plan review process for any necessary upgrades to the existing transportation network. c. There will be any adverse effects on existing or planned public utility services in the area; The existing utility network appears to be able to accommodate the anticipated development potential of the subject property based on the sizes of the sanitary sewer line located near the site and availability of potable water and sanitary sewer from the City of North Augusta. As part of the site plan approval process, the existing utility systems will be reviewed to the extent necessary to ensure that development of the subject property is not creating any adverse effects on the overall utility service to the area. d. Parking problems; or The proposed rezoning will not impact or create any additional parking problems as the site is currently vacant. The site plan will be reviewed against the current Development Code parking standards for the proposed use, and at that appropriate time the amount of required parking will be determined. e. Environmental impacts that the new use will generate such as excessive storm water runoff, water, air, or noise pollution, excessive nighttime lighting or other nuisances. Memo#18-011 'y l RZM18-001 Fire Station Rezoning Request May 29,20187 Page 5 City of North Augusta The proposed rezoning from does not appear to create any additional environmental impacts. The site plan must comply with all applicable development standards in the Development Code, including the state and federal standards associated with stormwater management, water and air pollution. City design standards are already in place to address excessive nighttime lighting. 4. Any recent change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration and development (§5.3.6.4). The most recent change in character in the area was the loss of the Palmetto Lodge due to fire in 1998 on the adjacent parcel. The former Seven Gables Motel, also on the adjacent parcel, has been abandoned for decades and is severely deteriorated. The subject parcels were in a state of neglect and general decline for many years prior to the City's acquisition 2016. As stated in Section 3, the existing structures on the subject parcels are also severely deteriorated. Recent redevelopment of the riverfront area (Riverside Village) includes several multi- story commercial and residential buildings. Additionally, continued new residential development at the western end of the City has caused Public Safety to re-evaluate the fire protection needs of the City. The Department has determined that the subject parcel is the best location for a new fire station to serve those needs. 5. The zoning districts and existing land uses of the surrounding properties (§5.3.6.5). The proposed zoning classification of P, Public Use would allow for civic uses. The high density type of use anticipated for the subject property should not adversely impact the current viability of the surrounding area. A site plan will be required and must comply with all applicable development standards as specified in the Development Code. 6. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification (§5.3.6.6). An analysis of the subject property by Johnson, Laschober, and Associates, P.C. has concluded that the subject property is suitable for the proposed public safety fire station. 7. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character (§5.3.6.7). The proposed rezoning does not appear to impact the compatibility of the adjacent uses. Appropriate buffers and screening must be provided as part of any site plan and Memo-001 Fit \*f May 28-001 Fire Station Rezoning Request /May 29, 2018 /J Page 6 City of North Augusta should serve to mitigate any impacts and enhance the area. The rezoning will provide faster and better public services to not only Georgia Avenue but the surrounding area. 8. The length of time the subject property has remained vacant as zoned, if applicable (§5.3.6,8). The subject property has not been occupied since 2013. 9. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs including, but not limited to, affordable housing and economic development (§5.3.6.9). The properties in the surrounding area are primarily large, residential lots with some commercial development located adjacent to the property. The primary zoning surrounding the property is within R-14, Large Lot, Single-Family Residential or OC, Office Commercial Zoning. There is an adequate supply of land available in the subject area and the community to accommodate the needs of the community both in housing and in commercial redevelopment. 10. Whether the existing zoning was in error at the time of adoption (§5.3.6.10). It does not appear that the existing zoning was made in error during the adoption of the zoning for the subject property. Attachments 1. Aerial Map of Subject Site 2. Topo Map of Subject Site 3. Current Zoning Map of Subject Site 4. Subject Property Plats 5. Neighbor Notification Letter 6. Map of Proposed Rezoning 7. Public Hearing Notice 8. Project Concept Proposal 9. NADC 3.6.4.5.1 Rezoning Review Criteria Responses 10. Materials Presented During Public Hearing � ' �, tr n 4 Q nib F r f E K n 7 g�F Da C> Fl 9[a \ e nt err saa I Frp ➢�➢ r $. re, gD i EN 6 / fFsn� wW4 g a B J � Fm' m m d° J �`. a ¢ O O y r qq '0' H9a 4/464 r 'v^a kk I 896 Ag➢� p➢➢ i Ob I Am, y !w2 Q g£p 2p I m A34 �D 9yo- 431 / ry BSa 458 h— AIA— '90A s� 46 1L. '90F Sidereal Ave R-14 OC �a �'hservatmry Aver r m FF SUBJECT P PROPERTIES f R-14 L OC ,m P �m m10 C7° Butler Aye �m P R-14 Fs` P 0 • 0 IlY14l'r N$fri\\'IYM I' 91M111.'1Oj(llMil.ti('. Northw -9P JN Augusta onl,AlVSuNp_G: alxx;lawxl ,outh Carolina's Hiuerfront City Of North Augusta May 1, 2018 RE: Proposed rezoning of t 2.41 acres of land located at 1220 Georgia Ave, Tax Parcels: 007-07-06-003 and 007-07-06.004. Please note: Your property is not included in the rezoning application. You are receiving this notice only because you own property within 200 feet of the proposed project area. Dear North Augusta Property Owner: The City of North Augusta has made a request to rezone t 2.41 acres of land located at 1220 Georgia Avenue, Aiken County Tax Parcel Numbers: 007-07-06.003 and 007-07- 06-004 from R-14, Large Lot, Single-Family Residential, to P, Public Use. The purpose of the rezoning request is to convert the lot for use as a new fire station. The North Augusta Planning Commission will hold a public hearing to collect public input and to consider the rezoning application on Thursday, May 17, 2018. Following the public hearing, the Planning Commission will prepare a recommendation for City Council consideration and action. The Planning Commission hearing will begin at 7:00 p.m. in the City Council Chambers on the third floor of the North Augusta Municipal Center, 100 Georgia Avenue. You are welcome to attend this public hearing. A map of the project area is enclosed, along with a copy of the public hearing notice that will be published in The Star on May 2. If you have any questions about this application or need additional information, please contact the Department of Planning and Development at 803-441-4221. Sincereely,,� K" 'SV ' Kuleigh Baker, Secretary Department of Planning and Development ndNn4ure,Yn pwnoNp•IX'.t'MPIM'm OWrx�XnYa Pud,r.wuh. BYYIIn85,arWN. Y4u„r,: ._AA l..R,vWrtC• WWk Nw14x nn. w....,,.:n w.=.r,..,.•:,.. •n•. null,,..: ar...x w.. n un,e .,,.,..« . , ,l. All..r II r . ,.11'k. n. A.I,, u •.. nu«u„Y, •a.nm:n-1 ro All"I4a..1 I 1 li I . i , �i I! R-14 _ !L OC Obse - rvatory Ave - R-14 TP.N.'s 007-07-06-003 & 007-07-06-004 ' Approximately 2.41 Acres - - " __. . ... .... R-14ii .ii:! OC ae P �a Oil _ Butlergve i i Application Number RZM 16-001 w� } North Tax Parcel Numbers 1 007-07-06-003 & 007-07-06-004 Augusta A Request to Rezone from South coroMms Hweljrnnl R-14, Large Lot, Single-Family ®�•• Residential to P, Public Use eemu nezrnnx vm . ro 4m w,xe City of North Augusta, South Carolina Planning Commission PUBLIC HEARING NOTICE The North Augusta Planning Commission will hold a public hearing at its regular monthly meeting beginning at 7:00 PM on May 17, 2018, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following application: RZM 18-001 —A request by the City of North Augusta to rezone t 2.41 acres of land located at 1220 Georgia Avenue, Aiken County Tax Parcels: 007-07-06-003 and 007-07-06-004 from R-14, Large Lot, Single-Family Residential to P, Public Use. The purpose of the rezoning request is to convert the lot for use as a new fire station. A map and documents related to the rezoning application will be available for public inspection after May 10, 2018 in the Dept. of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 803-441-4221. Citizens and property owners interested in expressing a view on the requested rezoning are encouraged to attend. CITIZEN ASSISTANCE: Individuals needing special assistance or a sign interpreter to participate in the meeting are asked to please notify the Department of Planning and Development at 803-441-4221 at least 48 hours prior to the meeting. C • � tvq Rcfp �'Yf y � m 3O.ORItrE • eoa6gn / 3 I �� sssmcvi.waer � i I \ \�.... .. " '.. .. � _--. 3+•b'�bs' -- 2_T O!IQA•OI! C � �R9. `• T� n •16b 9p ley IpRIMt �s C7 J �il..e+rRr og� I a E'•5L x+ea ' NORTH AUGUSTA SITE PLAN ;.� <»ter-oc x iel.y• c �'.00bI! 'A". bd16-a.eaCVa nVC -� +:pR11C 5CsC .a.i'.tt G;Po-�n3 aRZm-mncC an cc:r: I 2 -�=4C 1= -__ City of North Auqqusta, SC C -� - - 100 Georgia Avenue Nortfii Augusta, SC 29841 - SOCA01 A local Iu■sl I►■w■I AMA ASI■ 4w■A� ■IIA All AAA �Aw1 ■ FRONT NORTH AUGUSTA Ic 100 Georgia Avenue No ��� City of North Ai R�F 12 ef- U61 sl Ft EJ sr i� _. FRONT ELEVATION C L__lf -TEE-171-1 m l NNA REAR ELEVATION -- City of North 100 Georgia Avenue N i °� gyp. u Damm sr.�ox su _ s�r.�o aFsl 4 . . ® ®® ®® - .. - - - -- 111 11 FRONT ELEVATION �I If , 1111 - �- mom ®m -- REAR ELEVATION City of North 100 Georgia Avenue N ATTACHMENT 9 3.6.4.5 Standards and Review Criteria 3.6.4.5.1 Review Criteria for Rezoning • Inter-jurisdictional Analysis—A review to determine the extent to which an inter-jurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a citywide, countywide, regional or state-wide nature,and whether uniformity among jurisdictions should be considered. Station I is a citywide station and serves the city only and no other jurisdiction. There is no Jurisdictional approach to providing fire protection available. • Financial Analysis—A review to determine if a negative financial impact upon the City of North Augusta can be reduced or avoided by intergovernmental agreement. Fire Station#1 relocation is funded by Sales Tax#3. • Special Purpose Districts—When the public facility is being proposed by a special purpose district including a school district,the city should consider the facility in the context of the district's overall plan and the extent to which the plan and facility are consistent with the Comprehensive Plan. The site is not located in a Special Purpose District according to the South Carolina Special Purpose Districts 1016 Biennial Directory. • Measures to Facility Siting—The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors including, but not limited to: The availability of land—A number of potential sites where evaluated for the siting of the proposed fire station including: 1. 700 BK Old Edgefield Rd 2. W. Martintown Rd @ Observatory 3. North Hills Or @ Leisure Ln 4. W. Martintown Rd @ North Hills S. 100 Bk of Sidereal Ave(Water Tank) 6. 1700 Bk of Georgia Ave(Food Lion) 7. 300 Sk Whitlows Rd(Capital City) 8. 444 and 454 E. Buena Vista Ave 9. Riverside Blvd @ Buena Vista Ave 10. 417 E. Mortintown Rd(Lidl) Sites available and for sale at the time that contained the amount of land required, sufficient access to utilities, access to adequate roadway Infrastructure and in the proximity of the service area required that would not facilitate the construction of a fourth fire station due to overlap of service area were not available. The site In question is highly suited to provide adequate access to existing utilities and transportation Infrastructure and to maximize public safety coverage of the required service area that would allow the relocation of station#1 and not facilitate the construction of a 41h station. Access to the transportation network—The site has direct access to Georgia Avenue,a major collector roadway and Mortlntown Road,a major collector roadway. Both provide direct east-west and north-south access to the City of North Augusta. Compatibility with neighboring uses—The firehouse will sit adjacent to residential and commercial land uses. The property lies within a portion of the Georgia Avenue Corridor that contains Residential, General Commercial, Office Commercial, Public Use v and Planned Development Zoning. The firehouse will be occupied 24 hours a day and will be home to firefighters adding to the residential feel of the area as well as the enhancing the safety of the surrounding residences and other properties. The architecture will blend with the historic character of the area by incorporating Tudor style architecture elements and features to all sides of the facility. Care will be taken to blend the building within the residential context of the area. Heavy landscaping and preservation of significant trees will further bolster the residential feel of the firehouse site and protection of the residential aesthetic. Decorative fencing and evergreen landscaping will further enhance the buffering of surrounding land uses. The impact of the physical environment—The station is planned to sit on a previously developed site. Grading will be minimized since the site is gently sloped. Public utilities are immediately adjacent to the site thus further minimizing land disturbance. Many existing significant trees and adjacent open space will be preserved. Parking is relegated to the rear of the site and buffered from the street and surrounding properties. w 6V/e )11 I2c,8 PRESENTATION TO THE NORTH AUGUSTA PLANNING COMMISSION, MAY14, 2018 Re: Objections to RMZ 18-001 -A request by the City of North AUgusta to rezone Tax Parcels: 007-07-06-003 and 007-07-06-003 from R-14 Large Lot, Single-Family Residential to P, Public Use. The purpose of the rezoning request is to convert the lots for use as a new fire station. SLIDE 1 (Cover Page) - Good evening. My name is Ken Powell and I live at 320 Clay Street, North Augusta, SC. Tonight, Steve Bryant, Dave Leverett and I would like to discuss why we oppose the city's plans with locating a fire station and public safety headquarters on what is commonly referred to as the "Seven Gables" site. Before I get started, I want to emphasize that we are= opposed to North Augusta getting a new fire station and public safety headquarters. We, as citizens just feel that the proposed location is not appropriate for a variety of significant reasons that you will hear tonight. This is not a"Not in My Backyard" issue. I do not personally live next to the affected area, however, I am speaking as a concerned citizen. I am also speaking for the Bill Scott and Mike Hitchler's families who have properties that are contiguous to the land we are discussing tonight SLIDE 2 - I'd like to recap how we got to this point and ensure you are aware of all the facts. 1. On January 1, 2008, the North Augusta Development Code became effective. This document put into place what is known today as the Neighborhood Preservation Corridor Overlay District. 2. On March 16, 2016, City Council authorized three parcels of land to be purchased for the public safety headquarters/fire station. The total cost for this property was $850,000. At the time of the purchase authorization, City Council was not made aware of significant zoning associated with this property. 3. On March 12, 2018 concerned citizens requested to meet with City Council to ensure that they were aware of the non-compliances and why this location was not suitable for the city's plans. We are on the agenda to present our case to the city council during their study session on May 21, 2018. SLIDE 3- 4. On April 30, 2018, while waiting to make our presentation to city council, the property rezoning signs and letters to residents that lived within 200 feet were initiated by the city. We were very disappointed the the city made the decision to proceed with rezoning process without hearing the concerns of area residents. 5. As you know, a special study session was called for Monday (5/14/2018) of this week for City Council and the Planning Commission to review and discuss the Neighborhood Preservation Overlay Districts as it relates to various development projects/applications. 6. Tonight, you have been asked to consider rezoning two of these three parcels so that a fire station can be constructed. As I m sure you all are aware that simply rezoning from R-14 to P will still not allow the fire station to be constructed. In fact, if the city's request is approved, the city could find itself in a position down the road that possibly the fire station cannot be located at the site, but if it is already rezoned as "P", other less desirable city uses could take places on the property. The city may decide that is where they want to store items such as landscaping equipment, garbage trucks, stockpiles of gravel, solid waste collection center, etc... This property is located not only in the city's Historic District, but also within a Neighborhood Preservation Overlay. As you know, by being situated in a Neighborhood Preservation Overlay, the city's own Development Code has many requirements which are clearly not compatible with the siting of the proposed fire station and public safety headquarters. Steve Bryant will later speak to these in detail. It is important to recognize that the Overlay requirements are not Intended to stop development/change but to protect/preserve the existing nearby neighborhoods. Even if the city's rezoning request is approved, some type of additional changes, waivers, modifications would still be needed to the Development Code. The city may also decide to address some of the non-compliances with the Board of Zoning Appeals. The non-compliances are clearly of such a magnitude that pursing the Board Of Zoning Appeals is inappropriate. Yet tonight, none of how the city plans to handle the non-compliances have been addressed. This segmented process that the city is taking for this project"waters down"the overall significance. By bringing one issue up a time, versus "putting all the cards on the table", the city is clearly not being forthcoming to it's citizens. SLIDE 4- Here is the property that we are discussing. The cross-hatched area includes all three parcels. SLIDE 5 - Here is our Historic District. The red area puts into perspective how this proposed project will be situated in our Historic District. There are homes within this area that are on the National Historic Register. As you can see, the fire station/public safety headquarters is situated right in the middle of the Historic District. This is extremely precious real estate for our city. You've got to ask yourself, does the city's proposal with locating a fire station/police headquarters make sense given such a limited land resource within the Historic District. 3.8.6 NP, Neighborhood Preservation Corridor Overlay District 3.8.6.1 Purpose — The Neighborhood Preservation Corridor Oveday District applies to areas of the city that are located on collector and arterial streets and are in transition between traditional residential and commercial uses. Structures in the corridor are predominantly If not exclusively residential in character. Parcel size is relatively small. The underlying zoning in the corridor includes a variety of both commercial and residential districts. The continued residential use of some parcels may not be economically feasible. It is anticipated that conversion of single-family residences to commercial and office establishments will continue. Demolition of existing residential structures is inconsistent with policies expressed in the Comprehensive Plan and contemporary commercial development for new retail uses and office buildings is inappropriate. New high-density residential development is also inappropriate. Alternative uses of existing residential buildings provides a more orderly and reasonable transition for the surrounding neighborhood. With appropriate restrictions, the conversion of houses to office and small personal service uses is suitable and provides for economically feasible uses of parcels in the corridor. This overlay is, therefore, created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architecture vernacular, and protecting the property values and health, safety and general welfare of surrounding neighborhoods. The Neighborhood Preservation Corridor Overlay District is established to preserve and protect residential neighborhoods while accommodating some transitional commercial uses at an appropriate scale in locations zoned for commercial uses. It is the intent of the Neighborhood Preservation Overlay Corridor District to maintain the residential appearance of existing structures and the residential setting of any building converted to a nonresidential use so that the converted dwelling will be compatible with neighboring residential property. To maintain residential character, lots shall not be developed or redeveloped solely for the purpose of providing parking. SLIDE 6 - A moment ago, I mentioned Neighborhood Preservation Overlays. I'd like to take a couple of minutes to review what the North Augusta Development Code says pertaining to the Neighborhood Preservation Corridor Overlay District. SLIDE 7- Here is a drawing that shows where the Neighborhood Preservation Overlays are located. The blue areas delineate the boundaries of the overlay. You can see via the red circle the the proposed site is again, in the middle, this time of the Georgia Avenue Overlay. This is the land the city wants to take for the fire station/police headquarters at the detriment of the citizens who have been living within the overlay for years. Keep in mind, the overlay is designed to control growth and ensure future buildings are in line with the existing area. Neighborhood Overlays were put into place in January 2008. The city was growing at that time, but not at the magnitude that we are now. The city felt it was important to contol gowth. Now that we are growing faster, now is not a time to relax those requirements. Locating a fire station/police headquarters within an overlay clearly goes against what previous city leaders had the vision to implement. It is my understanding that some of you were part of the recommendation/ approval process that were involved in implementing Neighborhood Protection Overlays. (VIA: Hand Delivered) City of North Augsta Attn: City Council and Planning Commission 100 Georgia Avenue,2M Floor North Augusta,SC 29841 Citizens Objections to the Re-Zoning of Parcels 007-07-06-003&007-07-06-0D4 From R14 to Public Use(Application RMZ 18-001) May 17, 2018 Planning Commission Agenda Prepared by:Steven M. Bryant, P.E. Here before us tonight is a rezoning application by the City of North Augusta to rezone two parcels from Residential(R-14)to Public Use(P). There is no mention anywhere in the rezoning documents or the findings sections of two very important factors about these parcels: 1) Neighborhood Preservation Overlay Zoning District and 2) the National Register of Historic Places. Why is this important? There are 882 cities in the United States with some form of Historic District Zoning,whether Federal,State or local. The USGS recognizes 35,000 cities nationwide. That means only 2.5%of titles in the United States have a Historic District,and far fewer with a Federal Designation. South Carolina has 160 Historic Districts, Aiken County has only 7... 7 of 160 Is 4.3%. So where are these 7 Federally Listed districts? 3 are in Aiken, 1 in Salley, 1 In Vaucluse, and 1 in Graniteville. (Slide 8: National Register Form)The last Historic District is in North Augusta. There is one Historic District and in that district there are now only 15 structures. Slide 9: Houses Slide 10: Historic Map The Comprehensive Plan (CP) Section 8 Historic Resources refers to as "represents North Augusta's rich history... and should be preserved." "North Augusta has a wealth of historical resources that define our identity." This proposed project: fire station, public safety station and courthouse that is being considered for a property adjacent to, and I quote from the Comprehensive Plan, "one of the key properties, Star of Edgefield (1859) .." "This district also contains an unusually fine collection of Intact early 201' century residential styles._". This is what outsiders associate us with when they think about North Augusta Slide 11: Websitelisting Slide 12: Wikipedia And here is what the Hammond Ferry Development has on its website under the Community tab,promoting the history of North Augusta for which it models itself after. Slide 13: Ila mmonds Ferry "Hammonds Ferry is an extension of the good things that already exist in North Augusta." ..."A strong preservation spirit has saved lovely old buildings and stately homes In this area." Lookaway Hall and Rosemary Hall are mentioned but they are mentioned after the Star of Edgefield. North Augusta's Comprehensive Plan Section 8.2 of the CP is titled"Protect and Restore Historic Resources Important to North Augusta's Identity'. I would put forth that"The Star of Edgefield"fills this bill. Section 8.2.1 talks about"Identifying and ensuring their protection.". Section 8.2.4 "Protect historic neighborhoods adjacent to downtown through the preservation of...open space". "as well as, PROMOTING CONTEXT SENSITIVE INFILL DEVELOPMENT and the preservation of existing housing."..."Promoting context sensitive development consistent with this character will help protect the unique Identity of North Augusta." It is important to notice the words used In the section,"protect, preserve,context sensitive,unique identity".The Comprehensive Plan is telling us we have something special,only here In North Augusta and to keep It safe, celebrate and cherish It. That is why we are all here, we cherish it and want to protect our only National Historic District and our identity. What Impact will the project have on our Historic District. Slide 14: Map With Red. The parcels will remove approximately 20%of the historic district and effectively split the historic district into three separate areas. 1 Chapter 3 of the Comprehensive Plan outlines in the Land Use section"Protect low density residential areas (R-14)from encroachment and conflicting land uses. As stated in the agenda package you have, Section 6 .. Findings, Item 5: 'The high density type of use anticipated for the subject property should not adversely impact the current viability of the surrounding area." However, Chapter 3 states "protect low-density from conflicting land uses" and I would contend that high density use is in direct conflict with low density residential. On November 16, 2017,The planning commission considered a request to rezone 3 parcels on Observatory& Martintown (from R-14 zoning to R-7). Reading from the meeting minutes of December 21, 2017 Chairman Burnett noted the Intent of the neighborhood preservation overlay was actuallyto help areas transition to a commercial use while maintaining the character of the existing residential uses. He stated that is it also inappropriate to propose new high-density residential Infill according to the North Augusta Development Code. Commissioner Key made a motion to deny, Commissioner Clark offered a second. The final vote tally was 5 to 2 in favor of the motion. This commission has set the precedence,high density is not compatible with low density,whether its unit count or usage. Chapter 6 Stable, diverse and Walkable Neighborhoods. Section 6.1.4"Preserve Historic housing structures Why? "will ensure their continued contribution to the Identity of the City." .... create a unique neighborhood character." There are those words again "Identity and unique". Zoning Concerns There has been mention of the need to modify and/or remove the Neighborhood Preservation Overlay in order to encourage development of the areas on Georgia Avenue within the Overlay District. My response to this is, let refer to the Comprehensive Plan... Chapter 3 page 35, where it states "There is a signature character and feel in North Augusta that cannot be replicated across the river or anywhere. That is what we must identify and hold onto... It will help us draw new residents and businesses who want to be part of what �.. we are doing ion this side of the river." People want to be in North Augusta because these new developments are surrounding such a unique area as our downtown and Historic District and other area with historic homes. Every city has the above mentioned commercial developments, so that cant be what makes us unique,so it has to be the Olde Town feel and historic resources. There,we've just Identified it, now we must hold onto it. Do we really want to become Washington Road or do we want to have walkable neighborhoods right in the middle of everything. The property is currently zoned R14, but it is also within the Neighborhood Preservation Overlay Zoning District.The rezoning application package does not mention anywhere In the document the Neighborhood Preservation Overlay. This overlay is an extremely important part of the zoning regulation that cannot be ignored. Article 3,Section 3.1 shows the zoning Districts in table form. slide 15 Article 3 zoning Districts The overlay is a zoning Issue. South Carolina State Code Section 6-29-720 Zoning districts, matters regulated, uniformity, zoning techniques. Item B states"The regulations must be made in accordance with the comprehensive plan for the jurisdiction._". Item (C) (5)""overlay zone" or a zone which imposes a set of requirements when there is a special public Interest in a particular geographic area that does not coincide with the underlying zone boundaries." That is exactly why the Neighborhood Preservation Overlay was placed into the Comprehensive Plan. It is mandated by State Law. It cannot just be ignored or simply removed. 2 The proposed use for the rezoning is fire station (followed by police station and courthouse), which by definition cannot meet the requirements of Article 3 Section 3.8. Neighborhood Preservation Overlay, and specifically, Section 3.8.6.10.1,which I will explain shortly. So,why is the City requesting a re-zoning of the parcels for this proposed project which cannot meet the zoning requirements? How does the current proposed plan, presented by the City,fail to meet the requirements set forth in the development code? Concerning the zoning ordinance and the Neighborhood Preservation Overlay Zoning District. First,what is the purpose of the Neighborhood Preservation Overlay?"The overlay Is,therefore created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architectural vernacular,and protecting the Property values and health,safetyand general welfare of the surrounding neighborhoods. The Neighborhood Preservation Overlay District is established to Preserve and protect residential neighborhoods while accommodating some traditional commercial uses at an appropriate scale in locations zoned for commercial uses."... "It is the intent of the NP Overlay District to maintain the residential appearance of existing structures and the residential setting of any building converted to a non-residential use so that that the converted bldg will be compatible with the neighboring residential property. To maintain residential character,lots shall not be developed or redeveloped solely for the purpose of providing parking." (Slide 16: Site Plan from City) Requirements of the Development Code:Section 3.8.6 Neighborhood Preservation Overlay and incompliant issues based on the submitted schematic plan. Sect3.8.6.2.1 Nonresidential uses may be located on the first Floor only. Upper floors for residential and accessory storage only. This would not be the case with the police station. Sect 3.8.6.2.2 Uses that are not permitted are: Drive-in, drive-up or drive through facilities. The proposed plan clearly shows a salleyport, '.� which by definition is "a secure entryway (as In prison)that consists of a series of doors or gates". You can see from the plan that this has a drive-thru function. The fire station also shows a drive-thru component. Sect 3.8.6.2.3 No use which requires a special exception is permitted. Table 3-2 Use Matrix Section 11.1 on page 3.23 "cell towers,communication towers and antennae. Sect 3.8.6.2.4 No use may be established unless and until It complies with the standards established in this section and other applicable standards contained in this chapter. The criteria set forth in the NP have not been met for the use for which the city wants to establish. Sect 3.8.6.3 Dimensional standards Maximum height 32 feet. Minimum rear setback requires a 20 foot buffer. What Is being proposed is 15 feet. Other projects when adjacent to residential and which are not residential in nature have been required to have 25 feet of landscaped buffers. Maximum building foot print. 3,000 square feet. What is being proposed Is 34,000 square feet,almost 10.5 times as large as allowed. Where is the context and scale requirement as required by the Comprehensive Plan. Maximum front setback required Is 50'. The Courthouse is 68' & 143',the police station is 78' & 112' and the fire station Is 50' and 30'. Even if this area did not have the Neighborhood Preservation Overlay, these setbacks would not meet the requirements of the GC zoning,which has a maximum setback of 80 feet. Section 3.8.6.5 Parking 3 �.., Sec 3.8.6.5.1 Not more than one access to a street shall be permitted per lot or parcel. There are three parcels,thus 3 drives allowed. The plan shows 5 drives Sec 3.8.6.5.2 The maximum driveway width shall be 14 feet. The fire station drive measures 62 feet wide at the property line. The drive in front of the police station is 31 feet. The two drives on Observatory and the one on Butler are 24'wide. Sec 3.8.6.5.4 Parking shall not be permitted between structures and the corridor street. Plan clearly shows 80 parking spaces between the buildings and the corridor street.The entire site will have 132 parking spaces.Parking visible from the front shall be screened with a permanent wall,fence or hedge not less than 42"and no more than 60"in height.The bldg elevations look nice but the visibility of the buildings will be partially nullified by this screened requirement.Defeating the purpose of the extra expenditures for the fascade AND contributing to further reductions to the already limited sight distance on Georgia Avenue, creating an even more unsafe condition. Sec 3.8.6.5.5 Parking shall be setback at least 5' from the property line. The parking in the front is not in compliance with Section 3.8.6.5.4 above regarding location.And being set at the property line along Georgia Ave. it is not possible for It to be compliant with Sec 3.8.6.5.4 above regarding the screening. Nor would it be compliant with Article 10 Landscape Ordinance. Sec 3.8.6.9 Utility and Trash Receptacles Shall be located in the side or rear yard. Shall be screened so as not to be visible from the public right of way. There is no dumpster location shown on the plan and it does not appear �...- to have been considered in the current plan based on parking and internal road configurations. Sec 3.8.6.10 Business Operations for Non-Residential Uses Sec 3.8.6.10.1 Business hours of operation shall be limited to the period from 7am to 9pm. A public safety building and fire station,by definition,are 24 hours a day,7 days a week and 365 days a year operations Article 10 Landscaping "Perimeter landscaping is required on all sides of a parking lot or paved drive that abuts adjoining property, a public right of way..." How is that possible,the plan clearly shows no intention to comply with Article 10. It is not possible to place trees along the Georgia Ave Road between the right of way and the parking areas, when the parking is on the right of way line. The minimum landscape buffer required at the right of way, even without the overlay, is 15 feet. What else has the city not considered in Its evaluation of this project if they just put this together this morning? To consider re-zoning of a low-density parcel (R34)to one with a high density use (P),which is next to "one of the key properties" in North Augusta, on the National Register of Historic Places ... before Section 3.8.7 Landmark Overlay District LMK regulation is established, seems premature at best and may quite possibly result In one of the City's biggest mistakes. Once this project is approved and we lose the intrinsic values of this Historic District,there is no going back, it will be lost forever. The Comprehensive Plan, established via the South Carolina Planning Act of 1994,requires that"a cultural resources element which considers historic "- buildings and structures .." I would contend that approving a re-zoning of this parcel for a Public Use (P) �.. specifically a fire station, Police and Courthouse, since it is adjacent to the Star of Edgefield (A Landmark 4 property), before Section 3.8.7 Landmark Overlay District Is developed and adopted by the City, and before the full impacts on the surrounding National Historic District properties can be ascertained, would be in violation of this State regulation. Rezoning as it pertains to Public Use(P) Section 3.6.4.5.1 Review Criteria for Rezoning "In reviewing as application for Public Use (P),the planning commission and City Council,shall consider the following: ... Items(A),(B),(C) (D) Measures to Facilitate Siting.....3)"Compatibility with neighboring uses:" 136 parking spaces, 2 acres of asphalt, 34,000 SF of building foot print is not compatible with a typical neighborhood, much less the Neighborhood Preservation Overlay District and the Historic District. But one of the most egregious components of this proposed project is the sallyport. By definition,a sally port is: A secure,controlled entryway in a prison or fortified place(Slide 17:sallyport) Is that what we want in the National Register of Historic Places,next to the "one of the key properties to the identity of the CIN'? Section 3.6.4.5.2 of Article 3 Development Standards for Public Zoning "If the use is within a corridor overlay(Neighborhood Preservation)the standards of Section 3.8 apply." If the overlay which applies today is removed tomorrow, it isn't going to change the purpose for which the overlay was placed Into the development code In the first place--to preserve the neighborhood, property values,safety, health and general welfare. Based on this information,straight from the City's Development Code and Comprehensive Plan,it should be clear that the re-zoning of the parcel to Public Use (P)is inconsistent with the Comprehensive Plan, as well as, the Development Code. The effects upon the historic district havent even been considered — because they weren'teven mentioned in the rezoning application you have before you. That is a major omission that should have a major Impact upon your and City council's decision. Here tonight,the planning commission and the City Council on Monday,will have the opportunity to affect the future Identity of the City for generations to come. Will you choose this as your City's identity (Slide 17: Salleyport) or will the lasting impression you to leave for visitors or our children be this (Slide 18. Star of Edgefield). The decision is yours the effects are ours. Will current and future citizens look back on your decision tonight with pride or will they just wonder"what happened?What would the city look like today if they had only preserved and protected this Historic District?". C 5 CARROLL LAW OFFICES,PA May 17, 2018 (VIA: Hand Delivery) City of North Augusta Attn: City Council and Planning Commission 100 Georgia Avenue, 2nd Floor North Augusta, SC 29841 Re: Objections to RZM 18-001 — A request by the City of North Augusta to rezone±2.41 acres of land located at 1220 Georgia Avenue, Aiken County Tax Parcels: 007-07-06-003 and 007-07-06-004 from R-14, Large Lot, Single-Family Residential to P, Public Use. The purpose of the rezoning request is to convert the lot.for use as a new fire station. (A further third lot is anticipated to be evaluated for additional related uses, which should be, but are not being, considered cumulatively. As a whole, the three lots would be used for public safety headquarters, including a fire station and police station, with City Court facilities). To Whom It May Concern: I am an attorney, and I have been retained by a group of concerned citizens including, but not limited to, Ken Powell, Al Lafavor, Dave Leverett, Mike Hitcher and John Barton, to assert and supplement their strong legal, factual and policy objections to the City of North Augusta's proposal to rezone 1220 Georgia Avenue (hereinafter the "Property") from R-14,Large Lot, Single-Family Residential to P, public use (hereinafter the "Proposed Rezoning"). My clients include citizen landowners of North Augusta who are directly and particularly impacted by the Proposed Rezoning. They all live near or contiguous to the Property. They will all have their property values affected by the Proposed Rezoning, will experience associated traffic, noise and safety impacts anticipated from the proposed rezoning, will experience the anticipated change in neighborhood character caused by the Proposed Rezoning and are otherwise individually impacted as they are indicating in separate testimony to the Planning Commission and the City Council with respect to the referenced Proposed Rezoning. The Proposed Rezoning and anticipated uses of the Property do not meet all applicable legal requirements and violate the legally protected rights of City of , Dion!C.C.IL Esq. ..am r. a s za6] 107 Pamdleton SL 5.N NW e 866959540184 `� North Augusta citizens as discussed herein. In support of my clients' objections, we state as follows: I. The City Has Failed to Follow its Own Procedures in This Rezonin¢ Application The Plan and Appeal process is set forth on the City of North Augusta's (hereinafter the "City")web site at htti)://www.northaupusta.net/departments/t)lanning/t)lanninp, Exhibit 1. The process requires that rezoning requests are considered by the Planning Commission after which a recommendation is forwarded to the City Council for final action. The City's procedures further require that such applications consist of two review levels: 1) completeness and 2) compliance. A. Completeness Review According to the limited information readily available to the citizens of North Augusta regarding the hasty Proposed Rezoning, it appears highly unlikely that the City has adequately performed both a Completeness Review and Compliance Review. The City's procedures define and describe the scope of the Completeness Review in relevant part as follows: Completeness Review—The application and appeals process begins with the initial application submittal followed by a completeness review. Information required at initial submittal is listed by application type on the completeness checklists. . . . . An application is determined to be complete if the form, required fee(s) and all applicable supporting documents have been submitted to and received by the City. . . . . hLtp://www.nordlaupusta.net/departments`/"`p-lanningIRianning, Exhibit 1. The list of application documents is not very'detailed as to its requirements. However, one specific requirement of the "check list" is a Traffic Impact Analysis, if applicable. See http,//www.northaugusta.nettHome/ShowDocument?id=7330; Application Submittal and Review form for Rezoning and Conditional Rezoning at lj (adopted pursuant to §§ 5.3 and 5.4,NADC), Exhibit 2. 2 On information and belief, the City has failed to require all items on the check list ` to be provided before rezoning. The City Procedures have, therefore, not been met. It is clear that no adequate Traffic Impact Analysis has been performed for the Proposed Rezoning. The Planning and Development, Project Staff Report for the Proposed Rezoning ("Staff Report") dated May 10, 2018 (followed by a Revised Staff Report on or about May 16, 2018) acknowledges at page 4, subsection 6.b. that"[t)he street network must he evaluated as part of the site plan review process for any necessary upgrades to the existing transportation network." Staff Report at 4. It contains an apparent admission that upgrades will be necessary. But, there is no suggestion that any meaningful Traffic Impact Analysis has been done. The application is, therefore, not complete, and it is premature. Since the Proposed Rezoning is being made initially in order to construct a Fire Station in a historic residential district,' it is undeniable that traffic will be impacted. Speeding fire trucks, at any time of the day or night, must certainly have very significant traffic impacts. Failing to do and supply an adequate analysis means the application is not complete, and the application is, therefore, not ripe for review. B. Compliance Review A complete application for the Proposed Rezoning would be required to go through a Compliance Review. Such a review cannot be complete at this time as the application appears incomplete. However, even if the application were complete, the application would not meet Compliance Review requirements. City procedure require, Compliance Review—Following a determination of completeness, application information plans are reviewed by City staff for compliance with applicable provisions It is important to note that the way this matter is being considered unfairly segments the impacts of the overall project. The actual anticipated full project would involve much more than a Fire Station. It would also include a Police Station and Courthouse facilities. Understating the overall project is fundamentally unfair as it segments the impacts of the overall project,leading the Council to make decisions in increments,never allowing the full project to be considered before it is already rezoned. Once rezoned,if the City does not pursue the anticipated project, ` the P zoning allows an array of other undesirable uses that could adversely impact the City. 3 of the NADC [North Augusta Development Code]. . . . . An application is determined to be in comQliance when it meets all applicable policies regulations and provisions of the NADC. http !/www northaugusta neUdepartmentslnlanning/blanning (emphasis supplied), Exhibit 1. The Staff Report fails to discuss numerous significant areas of the applicable legal and policy requirements. E.g. no acknowledgement of Neighborhood Overlay District requirements and no acknowledgement of National Registry of Historic Places/historic district. Failing to review and inform the Planning Commission and City Council of all significant requirements for the Property and its uses is indicative of an incomplete Compliance Review. And,the City is not in a position to do the appropriate professional review at this time. Until May 7, the City had no permanent Planning Director employed, and even now, the Planning Director has not yet begun duties. The prior permanent Planning Director departed in early 2017. According to my investigation, although there have been a series of interim Planning Directors, the Planning and Development Department is currently barely functioning it is so understaffed. Without adequate staff, reasonable Compliance Review is impossible. Furthermore,there is no reasonable argument that consideration of rezoning for this very important Proposed Rezoning project, in the middle of an important historic zoning district, cannot wait a few weeks for the new Planning Director to begin work and personally review and approve it for compliance with all City "policies, regulations and provisions of the NADC." See discussion supra. and infra. With a new Planning Director just hired, and no crisis supporting an expedited review,there is no rational reason to make a decision on the rezoning of the City's own property without involving the new Planning Director charged with implementation of the 2017 Comprehensive Plan. The foregoing represents a failure to comply with express procedural requirements. From the following discussion, it is abundantly clear that the application must also fail the substantive requirements for failure to meet all applicable policies, regulations and provisions of the of the NADC and other requirements of law. 4 H. The Proposed Rezoning Substantively Fails Review Because it Does Not Comply With "All Applicable Policies,Regulations and Provisions of the NADC" A. The Proposed Rezoning is Inconsistent With the Comprehensive Plan. The Comprehensive Planning Enabling Act of 1994, S.C. Code Title 6, Chapter 29, requires municipalities to have a planning process that includes, a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural or scenic resources, archaeological, and other cultural resources. Id. at §6-29-510(D)(4), Exhibit 3; see also Ordinance No. 2005-15 at 2 (adopting the 2005 Comp. Plan), Exhibit 4. The City of North Augusta has had a Comprehensive Plan since 1995. On August, 2017,less than a year ago, the North Augusta City Council adopted the most recent current version of the Plan, the 2017 Comprehensive Plan (the"Plan"). It is clearly a policy of the City required by State statute and adopted by ordinance. The Plan is, a long range plan for guiding and managing the future development of the City of North Augusta over a ten year period as required by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994. The North Augusta Comprehensive Plan summarizes current conditions in the City, identifies needs and aspirations and develops strategies to achieve the resulting visions. As is implied by its name, the Comprehensive Plan is intended to include information on all aspects of the City, its land and its people. Elements contained in the Plan include population, economic development, housing, cultural resources, natural resources, community facilities, transportation and land use. htt�'//www northau usta net/departments/planning-and- development/comprehensive-plan; Exhibit 5. s This newly adopted and clearly articulated vision in the Plan includes as follows: This plan seeks to bridge the importance of planning with the importance of achieving the goals and vision of the community. As this plan suggests, it's the implementation [of the planl that will prepare us for the next 100 years. http,//www.northaulztista.net/Home/ShowDocument?id=9328; Comp. Plan at Chapter 1 at 2 (emphasis ApRnGed), Exhibit 6. The Plan was prepared at great expense, in consultation with planning professionals to prepare the City of Augusta for"the next 100 years." Casual, case by case, contravention of the Plan wastes the City's money and its laudable efforts at intelligent planning to achieve the "goals and vision of the community." By its own terns the 2017 Comprehensive Plan declares, The Comprehensive Plan, in its purest form, represents the synthesis of a community's vision for its growth and development. Far too often vision.statements are never accurately translated into a detailed working plan with achievable action items schedules and budgets. This can lead to a Comprehensive Plan being overlooked or forgotten while important planning decisions are being made. Unlike many of our peers across South Carolina we have chosen to focus not on a[n] exhaustive analysis of what currently is and simply project trends of what was, but instead cast a true vision of what we wish to become and what tools and resources are needed to achieve that vision. Id. at 3 (emphasis su lied , Exhibit 7. The 2017 Comprehensive Plan,as part of its vision, recognizes the importance of North Augusta's historic places to North Augusta's Identity and the importance of 6 _ their preservation. See Comp. Plan at 35, Exhibit 8. The Plan acknowledges that "[p]reserving historic housing structures in Downtown and the surrounding neighborhoods will ensure their continued contributing to the identity of the City." Comp. Plan at 89,NADC §6.1.4, Exhibit 9. The Plan plainly asserts that, "[i]f we ignore our history, we value or city less." Id. And, it acknowledges, "[u]nderstanding the history of the place where you live is critical to being an informed citizen . . . [and] . . . . The history of a place is a very influential cultural asset that can directly impact the plans and future success of a city." Id. The Plan goes on to affirm, "[t]here is a signature character and feel in North Augusta that cannot be replicated across the river, or anywhere. That is what we must identify and hold onto." Id. As the Plan wisely allows, "[o]ur unique qualities and values are defined by who we were and they tell us where we're going." Comp. Plan at 35, Exhibit 8. Because of these policies, it is a significant goal of the Plan to "[s]upport the restoration, preservation, and adaptive reuse of significant historic properties." Id. at 41, Exhibit 10. "The history of a place is a very influential cultural asset that can directly impact the plans and future success of a city." Comp Plan at 35, Exhibit 8. To the extent you seek to preserve the special character of North Augusta, it is incumbent upon you to seek to fulfill these important policies of its Comprehensive Plan. In particular, the Plan acknowledges the Georgia Avenue-Butler Avenue Historic District("Historic District") as a significant resource. This Historic District is the location of the Proposed Rezoning. The Georgia Avenue-Butler Avenue Historic District is a National Register Historic District. The district encompasses part of the property which was the site of the former Hampton Terrace Hotel and contains several buildings which were associated with it, as well as other large residences. The four buildings of architectural importance and 12 supporting properties were built between 1900 and 1930 and illustrate the antebellum growth of the city as a winter resort. Several of the structures along Georgia Avenue remain substantially intact and may be eligible for historic designation. 7 htti)7//www.northaugusta.nettHome/ShowDocumcnt?id=9364; Comp. Plan at 124 em hasis su lied),Exhibit 11; see also Comp. Plan, Chapter 8 at 8.2 (recognizing the importance of historic resources to North Augusta's identity), Exhibit 12. According to NADC §3.8.6.2.5, no existing structure may be demolished until a site plan for the parcel has been approved, Exhibit 19. If the demolition of an existing structure is anticipated an evaluation of the economic feasibility of retaining, renovating or expanding the structure for the intended use has to be completed and submitted. The Plan plainly supports the protection and restoration of such historic resources. See Comp. Plan at 137, 8.2.1 and 8.2.4, Exhibit 12; see also Comp. Plan at §6.1.4, Exhibit 9. The NADC also makes demolition difficult, if not impossible, when it is feasible to retain, renovate or expand. And, two of the important structures in the Historic District are located on the Property.' If the Property were rezoned as proposed, you may expect the City to move forward with a Fire Station and seek to demolish them to the great loss of North Augusta and its citizens. See discussion infra. at fn. 3. If you decide to move forward with the Proposed Rezoning you support contravention of these important statutory, regulatory and Comprehensive Plan policies and requirements. On information and belief, the City was not aware of the zoning and planning problem when it purchased the property, it purchased the property at a premium price (much higher than the sale price approximately a year and a half before the City purchase) and apparently designers of the current planned facility did not know about the Overlay when they designed the current proposed structure. These and other exigencies make the Property complicated for the City. These complications do not justify making special exceptions from zoning and planning requirements. Through the Proposed Rezoning, if approved, the City proposes to do exactly what it pledged not to do in its own planning documents. It is overlooking or forgetting the Comprehensive Plan while important planning decisions are being made because it is convenient to do so. See Comp. Plan at 3, Exhibit 7. B. The Proposed Rezoning is Inconsistent With the Future Land Use Man and Constitutes "Spot Zoning." 'The structures were in considerably better condition when the Property was purchased by the City. Knowing waste cannot be the justification not to maintain such important structures. 8 The proposed rezoning is also inconsistent with the Future Land Use Map of the 2017 Comprehensive Plan. Recommending the Proposed Rezoning would violate the Plan requirements, which speeifically require as follows: Property considered for rezoning or annexation into the city should be zoned in accordance with the classification for the proyerty as shown on the Future Land Use Man. Property proposed for annexation or rezoning that is contrary to the Future Land Use Map would receive either a negative recommendation from the Plannin¢ Commission or would include a recommendation to amend the Future Land Use Mao. http,//www.northaugusta.net/Home/ShowDocument?id=9370; Comp. Plan at 186 (emphasis agpplied), Exhibit 13. The Proposed Rezoning would not be zoned according to the classification for the Property shown on the Future Land Use Map and is, therefore, inconsistent with the Plan. See Id. at 187 (Future Land Use Map), Exhibit 14. Per the Plan,the Planning Commission is required to give a negative recommendation or recommend amendment of the Future Land Use Map. It is also not consistent with neighboring zoning and therefore constitutes "spot zoning" and is inconsistent with law. Spot zoning is the "process of singling out a small parcel of land for use classification totally different from that of the surrounding area, for the benefit of the owners of that property and to the detriment of other owners." Bob Jones Univ. v. City of Greenville, 243 S.C. 351, 361, 133 S.E.2d 843, 848 (1963) cited with approval in Knowles v. City of Aiken, 305 S.C. 219, 407 S.E.2d 639 (1991). It is not unlawful spot zoning if"the proposed change is from one use to another and there is already a considerable amount of property adjoining the property to be reclassified falling within the proposed classification." Id. at 362, 133 S.E.2d at 848. This includes "use classification" and a variance in height classification may also constitute unlawful spot zoning. Historic Charleston Found. v. City of Charleston, 400 S.C. 181, 184, 734 S.E.2d 306, 307-08 (2012). The Proposed Rezoning includes both a unique use zoning as to contiguous properties and in the Overlay. Besides reclassifying to achieve the proposed use for the currently designed Fire Station, the Property would need a relief from height restrictions and other limitations in the Overlay not afforded to other properties. This constitutes spot zoning as discussed above. 9 The application for the Proposed Rezoning proposes to abandon the City's "vision" and undermine the 2017 Comprehensive Plan entirely, putting in question both the consistency of zoning (instead imposing"spot" zoning") and proposing to interfere with the Georgia Avenue-Butler Avenue Historic District Overlay, an aspect of the Neighborhood Preservation Overlay, (hereinafter the "Overlay"),' which protects North Augusta's historically important downtown, and National Historic Registry Properties.° C. The Proposed Rezoning Violates the North Augusta Development Code in Numerous Other Specific Ways. State law requires that the regulations in the Development Code be consistent with the policies in the City's Comprehensive Plan. http•//www northaupusta net/departments/r)lumingLevelopment-code, Exhibit 15; §6-29-720 S.C. Code, Exhibit 16. It follows that inconsistency by the Proposed Rezoning with the Plan is, therefore, likely to result in violation of the NADC. Unsurprisingly, the anticipated use of the Proposed Rezoning does in fact violate the NADC in many ways. 1. No Site Alternative or Negative Financial Impact Analysis Has Been Done. As previously discussed, the Proposed Rezoning application fails to meet NADC application completeness requirements, is inconsistent with the Plan, see discussion supra., and it is otherwise inconsistent with the NADC. According to the NADC, 'The Notices with respect to this Proposed Rezoning fail to Notice any proposal to modify or except the Proposed Rezoning Property from the requirements of the Overlay. However,the anticipated uses of the Property will clearly violate the Overly requirements if not redesigned. "The Proposed Rezoning involves National Registry of Historic Places property, including two contributing buildings generally known as the Carriage House/Horse Stable House,built in 1903, and the Caretaker's House/Caretaker's Cottage, built in 1903 and remodeled in 1970, both of which have great historic significance and are still capable of preservation, contrary to the City's position and failure to preserve. See Staff Report and Comp. Plan at 137, 8.2.1, Exhibit 12. No adequate feasibility study has been performed to demonstrate why they cannot be preserved as required by the NADC. 10 In reviewing an application for a proposed P, Public Use District, the Planning Commission and City Council shall consider the following: . . . A review to determine the extent to which an interjurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions . . . [a] review to determine if a negative financial impact upon the City of North Augusta can be reduced or avoided by intergovernmental agreement. . . . NADC §3.6.4.5.1. (emphasis su lied , Exhibit 17. There is no evidence the City has done a compliant site alternative analysis. There is, further, no indication the City has done the required negative financial impact analysis. These omissions indicate an incomplete, required Compliance Review. 2. The Development Standards Require Application of the NADC Neighborhood Preservation Historic Overlay Requirements, Which Are Not Met in Many Ways By the Anticipated Use. The NADC allows as follows with respect to P, the Proposed Rezoning: 3.6.4.5.2 Development Standards—Uses within the P, Public Use District, are not subject to the dimensional standards of§3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. If the use is within a corridor overlay district, the standards of 63.8 apply. htti)://www.northaugusta.net/Home/ShowDocurnent?id=6044,NADC §3.6.4.5.2. (emphasis supplied -Exhibit 18. The Property is within a corridor overlay district thus the standards of§3.8 apply to any use. A Fire Station could not possibly meet some of these overlay standards, even if some violations could be designed out, in violation of NADC Article 3, §3.8 —Corridor Overlay Districts.5 'It is important to note that the NADC integrates the Overlay into the zoning P,according to the requirements of this section. A change,thus,would be a rezoning. Any change would also require the redrawing of zoning maps. Relief from the Overlay for the Property cannot be accomplished by a mere text amendment. The community wide implications of such an important rezoning decision deserves adequate scrutiny, consideration and input from planning professionals. 11 The City proposes to rezone to P. Pursuant to the NADC, as quoted above, the standards of NADC §3.8 apply to uses within P. And, as previously discussed above, no building likely to be able to be used as a Fire Station is likely to be able to comply with the overlay requirement. Certainly the Fire Station as currently designed would not comply with the Overlay, which is a component of the NADC. Examples of violations are as follows: • The current proposed building will exceed the 3000 square foot footprint requirement, with a Fire Station square footprint alone of 9698, not to mention the later planned huge buildings. See NADC Table 3-11, Exhibit 19. • Because of parking layout, landscaping standards of Article 10 will not be met. • Because of parking layout, parking standards of Article 12 will not be met. • The current proposed building will have less than the required minimum rear setback, having only IS feet shown, rather than the required 20 feet. See NADC Table 3-11, Exhibit 19. • NADC §3.8.6.1 sets the purposes of the Neighborhood Preservation Overlay, which applies to areas of the city that are located on collector and arterial streets and are in transition between traditional residential and commercial uses. The proposed use violates this section because it involves demolition of existing residential structures to install new office buildings in part. "Demolition of existing residential structures is inconsistent with policies expressed in the Comprehensive Plan and contemporary commercial development for new retail uses and office buildings is inappropriate."NADC §3.8.6.1, Exhibit 20. • The proposed use also violates NADC §3.8.6.1 because according to this section the proposed use is otherwise inappropriate. It provides: New high-density residential development is also inappropriate: Alternative uses of existing 12 residential buildings provides a more orderly and reasonable transition for the surrounding neighborhood. With appropriate restrictions, the conversion of houses to office and small personal service uses is suitable and provides for economically feasible uses of parcels in the corridor. This overlay is, therefore, created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architecture vernacular, and protecting the property values and health, safety and general welfare of surrounding neighborhoods. The Neighborhood Preservation Corridor Overlay District is established to preserve and protect residential neighborhoods while accommodating some transitional commercial uses at an appropriate scale in locations zoned for commercial uses. It is the intent of the . . . Overlay Corridor District to maintain the residential appearance of existing structures and the residential setting of any building converted to a nonresidential use so that the converted dwelling will be compatible with neighboring residential property. . . . • The driveway width violates NADC. See NADC Table 3-11, Exhibit 19; see also NADC §3.8.6.5.2, Exhibit 19. • Design of the proposed building would allow parking between structures and the corridor street, which is required to be on the side or in the rear of buildings only and may not be visible from the front. See NADC §3.8.6.5.4, Exhibit 21. • The use is further expected to violate the rule against driveway directional signs. See NADC §3.8.6.8.2, Exhibit 21. • The proposed use is expected to violate the requirements with respect to utilities and trash receptacles. See NADC §3.8.6.9, Exhibit 22. 13 • The proposed use as a Fire Station would necessarily violate the provision that not more than one access to a street shall be permitted per lot or parcel. See NADC §3.8.6.5.1, Exhibit 19. • Building height limitations would be exceeded by the anticipated Project. NADC Table 3-11,Exhibit 19 (restricting dimensional standards to a maximum height of 2.5 stories or 32 feet). • Use as a Fire Station/Police Station/Other government uses that would necessarily exceed business hours limitations and would thereby conflict with NADC. See also NADC §3.8.6.2.4 (no use unless complies with standards in Chapter), Exhibit 20. Shorter lobby hours is not a legitimate argument for compliance. o A Fire Station is guaranteed to violate the requirement that business hours of operation shall be limited to the period from 7:00 a.m. to 9:00 p.m. See NADC §3.8.6.10.1, Exhibit 22. No use may be established on any.property in the Overlay unless it meets applicable standards in Chapter 3 of the NADC. See NADC §3.8.6.2.4, Exhibit 19. The proposed use cannot possibly meet all of the foregoing standards under any design. M. The Proposed Rezoning Interferes with Constitutionally Protected Due Process Rights and Protected Property Interests of Neighboring Property Owners. This Neighborhood Preservation was created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architecture vernacular, and protecting the property values and health, safety and general welfare of surrounding neighborhoods. NADC §3.8.6.1, Exhibit 20. The Fifth Amendment to the United States Constitution provides that "private property shall not be taken for public use, without just compensation." U.S. Const. amend. V. "This provision does not prohibit taking of private property, but instead places a condition on the exercise of that power." First English Evangelical Lutheran Church of Glendale v. Los Angeles, 482 U.S. 304, 314, 96 L. Ed. 2d 250, 107 S. Ct. 2378 (1987). The purpose of the Takings Clause is to prevent the government "from forcing some people alone to bear public burdens which, in all fairness and justice, should be bome by the public as a whole." Armstrong v. 14 United States, 364 U.S. 40, 49, 4 L. Ed. 2d 1554, 80 S. Ct. 1563 (1960). "The Fifth Amendment is violated when land use regulation 'does not substantially advance legitimate state interests or denies an owner economically viable use of his land."' Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1016, 120 L. Ed. 2d 798, 112 S. Ct. 2886 (1992), citing Agins v. City of Tiburon, 447 U.S. 255, 260, 65 L. Ed. 2d 106, 100 S. Ct. 2138 (1980). A similar protection against takings can be found in the South Carolina Constitution at S.C. Const. art. I, § 13. Since the anticipated use of the Property, if rezoned, includes a Fire Station, functioning 24 hours a day, with fire trucks screaming through the neighborhood, potentially at any hour of the day or night, it is easy to see how property owners might be unconstitutionally deprived of their protected property interests without due process or just compensation. The Fire Station is simply not compatible with the neighborhood character and uses. It is furthermore a violation of the neighboring landowner's rights as the Proposed Rezoning, as discussed above is inconsistent with the Plan, the Comprehensive Planning statute and the NADC in the numerous ways discussed above in section II of this discussion. The Proposed Rezoning is unlawful, unconstitutional and subject to reversal if it is arbitrary, unreasonable or unjust. Clearly, the Proposed Rezoning is. IV. Rezonine is Premature A. The New Proposed Zoning "P" Allows Uses Inconsistent With the Character and Quality of the Neighborhood in the Event the Current Proposed Use is not Practicable. This discussion of the implications of the Proposed Rezoning to "P" focuses on the allegedly anticipated use of the property for a public safety headquarters (including a fire station and police station) with City Court facilities. However, the decision to rezone to "P" does not limit the uses to this announced anticipated use. Instead, many harmful uses might be chosen instead. For example, "P" allows undesirable uses such as public utility storage and service yards; sewage treatment plant, pump stations, or lift stations; solid waste collection.centers, solid waste transfer stations, recyclable materials, yard waste and similar items; water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other irrigation facilities; and service providers of water, sewer, electricity, natural gas, telephone, cable and internet and improved or utilized for the delivery of the public service (power generating or transforming stations, 15 transmission and distribution lines'and facilities, switching stations, etc.). 2017 Development Code at Table 3-7, Exhibit 18. Rezoning to "P" does not guarantee the City's ability to use the Property as it anticipates. The use, as currently designed, does not comply with the applicable Overlay requirements. See discussion supra. And, though the City alleges it has identified money to construct a Fire Station, much of the funds anticipated by their overall plan has not yet been secured and depends on future political action in the form of a tax on the ballot in the fall. It is premature to make this Proposed Rezoning until the City is committed to a reasonable use of the property, which complies with all zoning requirements. It might expose the Property to a terrible use in this important Historic District. If, for example, the City choose to sell the property due to its lack of suitability for City purposes, a subsequent landowner is not guaranteed to be scrupulous in his intended uses, and the Property would have already been rezoned to allow certain undesirable uses. There is no guarantee of a particular use. Conclusion It is evident that, in addition to my clients, many more citizens of North Augusta also object to the Proposed Rezoning, and anticipate communicating their objections. To the extent facts and opinions of any participants placed in the record with respect to the Proposed Rezoning are consistent with or not in conflict with these comments, we adopt them by reference and rely upon them to support these reasonable objections. The City has not followed its own procedures. Passing the Proposed Rezoning would be arbitrary, capricious, an abuse of discretion, unreasonable and unjust. It could not be rationally considered to be in accordance with the 2017 Comprehensive Plan. It otherwise violates the City's Planning and Development ordinances. And, it would violate my clients' and other neighboring land owners' Constitutionally protected property rights, thereby diminishing their protected property values. It would be inconsistent with the City's August 2017 Comprehensive Plan and South Carolina's comprehensive planning laws. And, it would deprive my clients of due process and the equal protection of the laws of the United States and the sovereign State of South Carolina. We, therefore, request a recommendation by the Planning Commission to the City Council to reject the Proposed Rezoning, and ultimately rejection of the Proposed 16 Rezoning by the City Council itself. Rejecting the Proposed Rezoning is in the best interest of the City of North Augusta and its concerned citizens and supports the reasonable vision of North Augusta's 2017 Comprehensive Plan. In the alternative, we encourage the North Augusta Planning Commission and/or City Council to table the Proposed Rezoning to allow a more thorough analysis of the Proposed Rezoning. The City has been without a Planning Director for important times relevant to the Proposed Rezoning. The newly hired Planning Director could be expected to apply his or her qualifications to the review and better inform any recommendation by the Planning Commission, and ultimately the decision of the City Council. The Citizens would have a fuller and a fairer opportunity to set forth their well-reasoned arguments against this ill-advised action. We are confident that with the appropriate informed scrutiny, performed in a transparent manner, consistent with the Freedom of Information Act, and fully involving all concerned citizens, will mandate rejection of the Proposed Rezoning. Thank you for your kind consideration. If I may be of further assistance, please feel free to let me know. My clients are thoroughly and firmly committed to resisting the proposed unlawful rezoning. And, they will take all necessary and appropriate measures to assert their rights in opposition. Sincerely, Dione C. Carroll, Esq. 17 Plan and Appeal Review Process 3evelopment Applications and Appeal Requests -- 'Review and Approval Procedures There are two types of applications submitted to the Department of Planning and Development: Development Applications and Appeals. Many development applications may be approved at the staff level following a determination of completeness and compliance. Some development applications, including major site plans and major subdivisions plans,are forwarded to the Planning Commission for consideration and action.Map amendment (rezoning) requests, text amendment requests and planned development general development plans are considered by the Planning Commission after which a recommendation is forwarded to the City Council for final action. Appeal requests are forwarded by the staff to the Board of Zoning Appeals (BZA)for consideration and final action. The review process for each application type is generally the same and consists of two review levels: completeness and compliance. Completeness Review — The application and appeals process begins with the initial application submittal followed by a completeness review. Information required at initial submittal is listed by application type on the completeness checklists. Time limits for completeness review vary by application type and are also listed on the application checklist. An application is determined to be complete if the application form, required fee(s) and all applicable supporting documents have been submitted to and received by the City.The applicant is notified when an application is determined complete or if additional information is required. Compliance Review -- Following a determination of completeness, application information and project plans are reviewed by City staff for compliance with applicable provisions of the NADC. Time limits for compliance xview vary by application type and are listed on the application checklist. If additional information or revised plan submittals are necessary,the applicant is notified. An application is determined to be in compliance when it meets all applicable City policies,regulations and provisions of the NADC. Staff Approval -- Many development applications, including certificates of zoning compliance, signs, minor subdivision plats and minor site plans, may be approved at the staff level. After project plans have been determined to comply with the applicable provisions of the NADC, the application will be approved by staff and the applicant will be notified. The staff approval will be final and the applicant may proceed to apply for grading and building permits,as applicable. Planning Commission Consideration— Some development applications require Planning Commission (PC) approval. An application will be scheduled for PC consideration when it is determined to be complete and it complies with the applicable provisions of the NADC. In the case of a major site plan, the PC approval may be granted based on a preliminary site plan.After the PC approval, detailed site plans may be submitted for final staff approval and will be processed in the same manner as the staff approval described above. Board of Zoning Appeals Consideration of Appeal Requests -- Appeals from administrative decisions, variance requests and special exception requests require Board of Zoning Appeals approval. An appeal will be scheduled for BZA consideration when it is determined to be complete and it complies with the applicable provisions of the NADC. Public Hearing -- Applications for map amendments, text amendments and planned development general ',velopment plans require a public hearing before the Planning Commission. Appeals from administrative vecisions, variance requests and special exception requests require a public hearing before the Board of Zoning Appeals. As required by the NADC and as applicable,public hearing notices are distributed by mail to all property ovmers within 200 feet of the subject property, the property is posted with a hearing sign, the hearing notice is published on the city website and the hearing is advertised in the local newspaper two weeks prior to the meeting. Application Submittal and Review North Rezoning and Conditional'Rezoning Augusta §55.3 and 5.4, North Augusta Development Code Page 1 of 1 South CorOilflarS RIUCffront Completeness Review The approval process for a Rezoning or Conditional Rezoning application begins with a completeness review at initial submittal. Information required at initial submittal Is listed on this checklist and in the North Augusta Development Code in§§5.3 and 5.4. An application is determined to be complete if the application form, required fee(s)and all requested supporting documents listed herein have been submitted to and received by the City. A determination of completeness for a Rezoning or Conditional Rezoning application must be made within fifteen (15) days of submission of initial review materials. The applicant will be notified when an applicabon is determined complete or If additional Information is required. A compliance review by City staff will begin after all required information has been submitted. Rezoning and Conditional Rezoning applications are subject to consideration by the Planning Commission and action by the City Council. Required for all Rezoning or Conditional Rezoning Applications, a. A lication for Develo menl Approval. b. F12clumart Fee. C. Executed DeslgnaUon of Agent forth,if the applicant is someone other than the property owner, i.e.,developer, consultin en ineer, censultin planner,etc. _ d. Certificate of Zonis Compliance form,if applicable. e A recent survey or recorded plat showing the accurate location and dimensions of the property that is the subject of the a lication. the er and F A map or survey indicating location,PDdimensions and uses of existing and proposed structures, easements, I. water sources,fences,curb cuts,street and alley right of way lines on and within one(1)foot of the property Proposed for rezonin . a r and PDF If more than one(1)district is applied for•the map or survey shall show the areas requested to be changed and 9the district to which they are requested to be changed, h The total acreage proposed to be rezoned and the acreage of each area to be rezoned to a different district,if a icable. L A statement of the reasons for seeking the rezoning or contl[ional rezoning and any proposed justifications therefore. 1. Traffic Impact Analysis,ifapplicable. Additional Information Required for Conditional Rezonino Aoolications• k The specific uses for which the conditional rezoning Is requested and the specific differences between the base zoning district and the conditional district requested A list and explanation of any voluntary conditions on the project or use proposetl to minimize en 1. adverse impacts. y potentially Compliance Review After a Rezoning or Conditional Rezoning application has been determined to be complete, the application is reviewed by City staff for compliance with applicable provisions of the North Augusta Development Code and other City regulations and policies. The application shall be scheduled for consideration by the Planning Commission at the next regular monthly meeting following receipt of a complete application, provided that the complete application is submitted at least thirty (30) calendar days prior to said sleeting. If additional information or revised plan submittals are necessary, the applicant will be notified as soon as possible. An application Is determined to be in compliance when it meets all applicable City-policies, regulations and provisions of the Development Code. 10/5/2015 SECTION 6-29-510.Planning process;elements;comprehensive plan. (A)The local planning commission shall develop and maintain a planning process which will result in the systematic preparation " and continual re-evaluation and updating of those elements considered critical,necessary,and desirable to guide the development and redevelopment of its area ofjurisdimion. (B)Surveys and studies on which planning elements arc based must include consideration of potential conflicts with adjacent jurisdictions and regional plans or issues. (C)The basic planning process for all planning elements must include,but not be limited to: (1)inventory of existing conditions; (2)a statement of needs and goals;and (3)implementation strategies with time frames. (D)A local comprehensive plan must include,but not be limited to,the following planning elements: (1)a population element which considers historic trends and projections,household numbers and sizes,educational levels,and income cbm w erislia; (2)an economic development element which considers labor form and labor force characteristics,employment by place ofwork and residence,and analysis of the economic bats; (3)a natural resources element which considers coastal resources,slope characteristics,prime agricultural and forest land,plant and animal habitats,parks and recreation meas,scenic views and sites,watlands,and soil type.Where a separate board exists pursuant to this chapter,this element is the responsibility ofthe existing board; " (4)a cultural resources element which considers historic buildings and structures,commercial districts,residential disU ict% unique,natural,or scenic resources,arehacological,and other cultural maourees.Where a separate board exists pursuant to this chapter,this element is the responsibility of the existing board; (5)a community facilities clement which considers water supply,treatment,and distribution;sewage system and wastewater treatment;solid waste collection and disposal,fire protection,emergency medical services,and general government facilities; education facilities;and libraries and other cultural facilities; (6)a housing element which considers location,types,age,and condition of housing,owner and renter occupancy,and affordability ofhousing.This element includes an analysis to ascertain remossential housing regulatory requirements,u defined in this chapter,that add to the cos[of developing affordable housing but are not necessary to protect the public health,safety,or welfare and an analysis of market-baud incentives that may be made available to encourage development ofafordable housing, which incentives may include density bonuses,design flexibility,and streamlined permitting processes; (7)a land use element which considers existing and future land use by categories,including residential,commercial,industrial, agricultural,forestry,mining,public and quasi-public,recreation,parks,open space,and vacant or undeveloped; (8)a transportation clement that considers transportation facilities,including major road improvemenus,new road construction, transit projects,pedestrian and bicycle projects,and other elements of a transportation network This clement muss be developed in coordination with the land use element to ensure transportation efficiency for existing and planned development (9)a priority investment clement that analyses the likely federal,scene,and local funds available for public infrastructure and facilities during the next ten years,and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water,sewn,roads,and schools.The recommendation of than projects for public expenditure must be done through coordination with adjacent and relevant jurisdictions and agencies.For the purposes of this item,"adjacent and relevant jurisdictions and agencies"means those counties,municipalities,public service districts,school districts,public and private utilities,transportation agencies,and other public entities that we affected by or have planning authority over the public project For the purposes of this item,"coordination"means written notification by the local planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent and relevant jurisdictions and agencies to provide comment to the planning commission or its staff concerning the proposed projects.Failure of the planning commission or its stet to identify or notify an adjacent or mlevantjurisdiction or agency does not invalidate the lord comprehensive plan and does not give rise to a civil cause of action. EXHIBIT 3 (E)All planning elements must be an expression of the planning commission recommendations to the appropriate governing bodies with regard to the wise and efficient use of public funds,the future growth,development,and redevelopment of its area of jurisdiction,and consideration of the fiscal impact on property owners.The planning elements whether done as a package or in separate increments together comprise the comprehensive plan for the jurisdiction at any one point in time.The local planning commission shell review the comprehensive plan or elements of it as often as necessary,but not less than once every five years, to determine whether changes in the amount,kind,or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan.The comprehensive plan,including all elements of it•must be updated a least every ten years. HISTORY: 1994 Act No.355,Section I;2007 Act No.31,Section 2,off May 23,2007. Effect of Amendment The 2007 amendment,in subsection(D),in paragraph(5)deleted"hansportation network;"following"considers",in paragraph (6)added the second sentence,added paragraph(8)pertaining m transportation elements,and added paragraph(9)pertaining to priority investment elements analyzing likely federal,state,and local funds available. i O ORDINANCE NO, 2005-15 ADOPTING THE 2005 COMPREHENSIVE PLAN IN ACCORDANCE WITH THE CODE OF LAWS OF SOUTH CAROLINA TITLE 6 CHAPTER 29. ENTITLED "COMPREHENSIVE PLANNING ENABLING ACT OF 1994.- FOR 994 "FOR THE CITY OF NORTH AUGUSTA SOUTH CAROLINA WHEREAS, the Code of Laws of South Carolina, Thle 6, Chapter 29, entitled "Comprehensive Planning Enabling Act of 1994," Article 3, entitled Local Planning-The Comprehensive Planning Process," Section 6.29-510, entitled "Planning process; elements; comprehensive plan," states: "(A) The local planning commission shall develop and maintain a planning process which will result in the systematic preparation and continual re-evaluation and updating of those elements considered critical, necessary, and desirable to guide the development and redevelopment of Its area of jurisdiction. O (B) Surveys and studies on which planning elements are based must include consideration of potential conflicts with adjacent Jurisdictions and regional plans or issues. (C) The basic planning process for all planning elements must include. but not be limited to: (1) inventory of existing conditions; (2) a statement of needs and goals; and (3) implementation strategies with time frames. (D) A local comprehensive plan must include, but not be limited to, the following planning elements: (1) a population element which considers historic trends and projections, household numbers and sizes, educational levels, and Income characteristics; (2) an economic development element which considers labor force and labor force characterislics, employment by place of work and residence, and analysis of the economic base; I+ O Ii•u�"mmo.ws.,,"wdwMe��mi,.. .,"o.ur.oun.ukwe„yv}ww.,w�.Lb".n.rmew�iaay..eami 01031 W}110('M[tnu„URI).b)5.�.DO(:'ll pp( II EXHIBIT 4 i ORDINANCE ADOPTING THE 2005 COMPREHENSIVE PLAN Page 2 (3) a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element Is the responsibility of the existing board; (4) a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element Is the responsibility of the existing board; (5) a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and waste water treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities; (6) a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing; and (7) a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped. (E) All planning elements must be an expression of the planning commission recommendations to the appropriate governing bodies with regard to the wise and efficient use of public funds, the future growth, development, and redevelopment of Its area of jurisdiction, and consideration of the fiscal Impact on property owners. The planning elements whether done as a package or in separate increments together comprise the comprehensive plan for the jurisdiction at any one point in time. The local planning commission shall review the comprehensive plan or elements of it as often as necessary, but not less than once every five years, to determine whether changes In the amount, kind, or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan. The comprehensive plan, including all elements of it, must be updated at least every ten years." WHEREAS, on September 18, 1995, the Mayor and City Council adopted the Comprehensive Lend Use and Development Pian pursuant to the Comprehensive Planning Enabling Act of 1994 as recommended by the North Augusta Planning Commission, which included all the required olempnts except the Cultural and Natural Resources elements;and I Comprehensive Plan North Augusta Comprehensive Plan On August 7, 2019, the North Augusta City Council adopted the 2017-Q=prehensive Plan, a long range plan for guiding and managing the future development of the City of North Augusta over a ten year period as required by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994. The North Augusta Comprehensive Plan summarizes current conditions in the City, identifies needs and aspirations and develops strategies to achieve the resulting vision. As is implied by its name, the Comprehensive Plan is intended to include information on all aspects of the City, its land and its people.Elements contained in the P)an include population, economic development, housing, cultural resources, natural resources, community facilities,transportation and land use. In 2007, the state of South Carolina passed the South Carolina Priority Investment Act which identified new elements to be added to all local government comprehensive plans at the time of their required five year reviews. s h _4- G� `� , ..�." -z.,F"^."•' '�S• 'c,=:+fi-fa K r�=+ems, . •+LA! ^ RI- Y v v 7 ( 1�. •^ �RS - • ryy1 This plan seeks to bridge the importance of planning with the importance of achieving the goals and vision of the community. . As this plan suggests, it's the implementation that will prepare us for the next 100 years. I r CHAPTER 1 OUR VISION comprehensive plan Atw orehensDxpknsyntherfm theeommunny Don for . ♦ A plan is required bythettore but needs strong growth and development. guidelines and leadership foninplemenfation. The Comprehensive Plan,1n its purest form, .fully Immersive ideas that integrate the �.., represents the'synthesis of a community's triple bottom line to ensure sustainable vision for Its growth and development. future growth. Far too often vision statements are never accurately translated Into a detailed Unlike many of our peers across South working plan with achievable action Items, Carolina we have chosen to focus not on schedules,and budgets.This can lead to a exhaustive analysis of what currently is a Comprehensive Plan being overlooked and simply project trends of what was,but or forgotten while Important planning Instead cast a true vision of what we wish to decisions are being made. become and what tools and resources are needed to achieve that vision. This plan attempts to balance the very best In planning and design by articulating and illustrating that vision in a real-world setting. In doing so,the community has a better understanding of the plan's aspirations and Is more likely to Implement it. To have a successful community in the 21 st century,North Augusta's policies and development should be anchored by the triple-bottom line of environmental,social, and economic sustainability.As a result,the organization of this Plan breaks from the norm of the"element-based'comprehensive . plan derived from the South Carolina Code of laws.Rather,It organizes itself around NORTH AUGUSTA,SC j 2017 COMPREHENSIVE PLAN 3 CHAPTER 3 WHERE WE'VE COME FROM w t looking 1 olurpast ♦ looking to ourposrhimportantto how nor 4=founded, ♦ Wemustknowwhmwe'vewmefrominordertcplanwhefe andtherkhstoriesofpmptewhoromebEf"vs. 7hishhrory weiegoing. Ourhhtorytells oboutwha we've always been, tin us rotheplareandmakcirmmmwWngfutto us.Ifwe whirhinflanresourcommhlnondpnmipksthommero ignumourhfslory,,wevalwourrityless. plan ourhlture. Why is the history of where we live competitive battle with settlements across important? Understanding the history of the river and several towns came and went the place where you live is critical to being 'before North Augusta, an informed citizen. Our local histories can also help us feel more tied to the places Despite the struggles through history,North where we live and put down our roots. This Augusta survived the strife with Its river can Influence how invested we are in our neighbor in Georgia. Today the two cities local places and how willing we will be to are part of the same local market area,like put forth the effort to make our hometown- family members who live in different states. a better place. The history of a place is They still compete for the same resources, a very Influential cultural asset that can but North Augusta offers much that cannot directly impact the plans and future success be found across the river in Its larger of a city. neighbor. There is a signature character and feel in North Augusta that cannot be North Augusta has always been home to replicated across the river,or anywhere. pioneering people. This city,and other That is what we must identify and hold onto. settlements before it,was founded by That character will Influence our planning entrepreneurs who saw opportunity across -and tell us who we want to be. It will help the river from Augusta. However,there us draw new residents and businesses who has been a long history of competition want to be a part of what we are doing on between Augusta and North Augusta this side of the river. Our unique qualities businesses for resources and control of the and values are defined by who we were and supply chain and transit routes,the rail and they tell us where we're going. river. Through history,Augusta won every ' NORTH AUGUSTA,50 7017 COMPREHENSIVE PLAN 35 CHAPTER 6 STABLE, DIVERSE&WALKABLE NEIGHBORHOODS 6.1.4 Preserve historic housing structures in downtown and surrounding -- neighborhoods. r1q Preserving historic housing structures in Downtown and the surrounding neighborhoods will ensure their continued C contribution to the identity of the city.Many properties in these h x! areas date back to the 1920s and often have important architectural character.Prioritize the improvement,preservation and potential "'- historic designation of these structures in order to create a unique .' v ~ neighborhood character. 6.1.5 Encourage more compact development patterns with higher quality design and building materials to increase and maintain property ,51 values. For greenfield development we will promote and encourage standards to ensure every future piece of development adds social, cultural,and/or economic value to the city.This does not mean that % we seek only to promote expensive homes.in fact,we are desirous of a diversity of homes to better align to our expected needs in the coming decades. 6.1.6 Encourage live-work units in both residential and commercial areas. Live-work units are usually stacked units in the form of a townhouse with commercial space on the ground floor and residential space ' ' %YL� above.They are owned or rented by the same entity,which provides { s an economical market solution to promote incubators;boutique businesses;and small professional services. y� "— - 6.1.7 Expand the definition and permissible size of accessory living units in residential areas of the city. C, 1. Accessory living units will provide a smaller and more affordable — housing option for one-to-two person households,especially the , rising senior population.Such units can be in detached units such `i Oft • as In garage apartments or small cottages in the rear yard,accessory aj units attached to the main house,and short term rentals. �I r r Infillopportunai sin downtown.(orm vmdsam mat Ion a building;dpe lar Infill development Ydbwpwren are underunluedpropertketal couldoeupdondurmdemlaped too hlghffandbeneruw.. NORTH AUGUSTA, SC 12017 COMPREHENSIVE PLAN 89 FXHIRIT 9 CHAPTER 3 1 WHERE WE'VE COME FROM Cultural Resources Administrative • Assist in the development of cultural facilities Expedite the development review process by such as the North Augusta Historical Museum expanding the scope of administrative waivers. and the North Augusta Performing and Cultural • Provide clear development procedures Arts Facility. that encourage citizen participation with Support the restoration,preservation,and neighboring property owners for large projects. adaptive reuse of significant historic properties. Develop regulations to require master • Establish planning efforts to support the development concept plans for all adjacent historic built environment including Downtown parcels of property owned by applicant to avoid Redevelopment District design guidelines, unconnected project planning and design. zoning and design standards for primary historic Establish a"Preferred Urban Growth Area and corridors. Priority Investment Area"focused on established and development areas and provide Incentives for compact residential and neighborhood Land Use commercial development. • Protect low-density residential areas from • encroachment and conflicting land uses. Natural Resources Encourage the revitalization of older neighborhoods through compact,Infill • Adopt development regulations to protect the development. Savannah River bank and other natural resources Provide for commercial neighborhood uses In higher density and commercial developments. adjacent to single-family neighborhoods. • Cooperate with State and Counties in the Ensure new retail shopping centers are built at a management of water resources in the Savannah pedestrian scale,Improve pedestrian circulation, River Basin. enhance public spaces,and minimize emphasis " Design and implement a city program to plant placed on parking. street trees in existing rights of way and on city • Discourage commercial development along property where appropriate and obtain the"Tree arterials and collectors where such land use has City USA"designation. - not yet been established. • Encourage high density,infill,mixed use development,especially in the downtown area and commercial centers. • Incentivize the conversion of existing commercial centers Into walkable,mixed-use 'town center"projects. Develop a form-based code district for the downtown town center to ensure mix of uses and appropriate scale and neighborhgod preservation. . NORTH AUGUSTA,SCS 2017 COMPREHENSIVE PLAN /1 ' FX1-IIRIT 10 CHAPTER 8 1 STEWARDSHIP Of OUR NATURAL&CULTURAL RESOURCES HISTORIC RESOURCES LIMHistoric Buildings There are a number of historic buildings remaining in the city that represent North Augusta's rich history,many of which are eligible for the National Register of Historic Places and should be preserved.The majority of these are located within the original 1891 Boeckh Plat,mostly concentrated on Georgia Avenue, Carolina Avenue,West Avenue,and Martintown Road.They include large,stately homes in Victorian and vernacular styles from the early 20th century.Because of their location on primary routes for traffic,many historic buildings have been lost to new ♦ lwkawaylnnatthetopof6migioAvenuein Downtown . commercial buildings or parking lots,or have been drastically altered to accommodate zoning laws. Historic District The Georgia Avenue-Butler Avenue Historic District is a National Register Historic District.The district encompasses part of the property which was the site of the former Hampton Terrace Hotel and contains several buildings which were associated with it,as well as other large residences.The four buildings of architectural Importance and 12 supporting properties were built between 1900 and 1930 and illustrate the antebellum growth of the city as a winter resort.Several of the structures along Georgia Avenue remain substantially Intact and may be eligible for historic designation. One of the key properties,Star of Edgefield,(c.1859),is one of the oldest houses in North Augusta.It was once part of an extensive plantation owned by Robert J.Butler.Butler sold 5,600 acres of this property to James U.Jacksons North Augusta Land Company in 1890.Several houses were constructed on lots which had been part of the Butler plantation Including Palmetto Lodge,a hunting lodge(c.1903),and Pine Heights,a sanitarium (c.1899),both built for guests of the Hampton Terrace Hotel. ♦ Outfineandaedolofthe&nlerAvenueand6emgioAvmoe The district also contains an unusually fine collection of intact hisronidisni0 early twentieth century residential styles including Queen Anne, Classical Revival and Tudor Revival. 124 NORTH AUGUSTA, 50 2017 COMPREHENSIVE PLAN EXHIBIT 11 CHAPTERS I STEWARDSHIP OF OUR NATURAL&CULTURAL RESOURCES PROTECT AND RESTORE HISTORIC RESOURCES IMPORTANT TO NORTH AUGUSTA'S IDENTITY: Identify historical resources and develop a maintenance • renovation program and funding to ensure their protection 8.2.1 Identity historic resources important to 8.2.3 Protect the existing structures and ruins North Augusta's identity and ensure their of Hamburg protection with funding for maintenance. original buildings from Hamburg remain In addition to the Georgia-Butler Avenue today by E.Rallroad Avenue and Sth Street Historic District and additional buildings Bridge.They are at risk of demolition with listed on the National Historic Register, pressure to develop along the Riverfront. identify other Important structures,parks, Additionally,with no markings,signage, open spaces,natural features,fences,walls, facility,or parking,they are not celebrated cemeteries and viewsheds that contribute to or accessible to the public.Protecting their the identity of North Augusta.These should remains,and connecting them to the future be listed,prioritized,and funding should be extension of the Greenaway,will help allocated to ensure their maintenance and celebrate the history and founding of North preservation.Funding can include grants, Augusta. historic tax credits,and/or City monies. 6.2.4 Protect historic neighborhoods adjacent 8.2.2 Workwith the owners of Lookaway to downtown through the preservation of Hall and Rosemary Hall to ensure their the street network,paving materials,and preservation and maintenance. open space,as well as,promoting context Lookaway Hall and Rosemary Hall are both sensitive infill developmentand the very important to the historic identity of preservation of existing housing. North Augusta.As physical reminders of The enhancement of the existing street the City's founding on their prominent network and the condition of roads, location on a hill overlooking Downtown, sidewalks,and open space can help ensure it is Imperative that they remain icons of the preservation the historic character of North Augusta's identity.Creating a"Friends neighborhood's adjacent to Downtown. of Lookaway Hall"group to organize Promoting context sensitive development fundraising efforts,or identifying grants and consistent with this character will help historic tax credits can assist In the buildings' protect the unique identity of North maintenance. Augusta. NORTH AUGUSTA, SC 12017 COMPREHENSIVE PLAN 137 EXHIBIT 12 CHAPTER 11 IMPLEMENTATI0N STRATEGIES FUTURE LAND USE The projections for future land use are based on current planning best practices and are fundamentally designed to help the city achieve the vision set forth in this plan.Future land use projections are also established by making basic assumptions about development activity and intensity as well as formal and informal city policies for the appropriate location of different uses.Future land use will continue to be influenced by current development patterns or trends,the availability of utilities and improved roads,environmental constraints,the availability of land,proximity to complementary land uses and the city's application of land use policies and regulations.Additionally,the city's administration of these policies and regulations will substantially influence future land use on the periphery of the city. Recent significant shifts in land use have been realized at the suburban edge of the city and beyond,especially near 1-20 interchanges to the north.More intense uses of land like multifamily apartments and big box commercial centers have developed in these locations • that were once low density and often rural in character.While these suburban growth areas have provided new residential and commercial opportunities to the city,county and local region,one primary goaf of the community is to revitalize the center of North Augusta with pedestrian-friendly infill and new development.Th us,the Future Land Use Map Includes new mixed use land use projections in the center of the city especially along Knox Avenue. Future Land Use Plan and Map Future land use in the city and the surrounding planning area is divided Into the eight categories depicted on the Included Future Land Use Map,and described below.Property considered for rezoning or annexation into the city should be zoned In accordance with the classification for the property as shown on the Future Land Use Map.Property proposed for annexation or rezoning that is contrary to the Future Land Use Map would recelve either a negative recommendation from the Planning Commission or would include a recommendation to amend the Future Land Use Map. 186 NORTH AUGUSTA,SC 2017 COMPREHENSIVE PLAN EXHIBIT 13 • ti INS ( Legend North p^b• frFun t.nd Uu o.p.naF ALL Ustcl Aa c oA, lw e.nYry p..We.ptl �.rnlRr mrrtb u1 1(j,v rl".n SeulA 4ivlLuNfph eF.uN/a.�GN A..Y N C.1tN,G..,4 4C..1.0Wd.1 F-1 N Anu [...pe N4 p�yyey( LUV WNm.I Gwan�.R wd Wla.F.tlINM. NA..xw.nm.Oa sq K .M Cm.nr.11op �.1 ' Future Land Use Map(2017) — North Augusta Development Code The City of North Augusta has designated areas of the City as appropriate for Residential, Commercial and Industrial uses. Special, additional, zoning districts in the City include Planned Development, Critical Areas, Traditional Neighborhood Development and Public Use. City Overlay districts include the Georgia Avenue Overlay,the Highway Corridor Overlay and the Neighborhood Preservation Overlay. The North Aueusta Development Code and Official Zoning IvLa were adopted by the City Council on December 19, 2007 and effective January 1, 2ooS. The Development Code replaced the 1996 Zoning and Development Standards Ordinance,is incorporated into the Municipal Code by reference and provides the rules and regulations for the use and development of land and buildings in the City. State law requires that the regulations in the Development Code be consistent with the policies outlined in the City's Comprehensive Plan. The City Council and the Planning Commission recognize that the Development Code requires regular review and occasional amendment for the purposes of technical clarification, error correction and to accommodate the needs of the City s citizens. Since the adoption of the Development Code in 2007, the City Council has adopted periodic ordinances amending sections of the Code. The full text of the ordinance adopting the Development Code and all ordinances which amend the Code are stored in Document Central, Chick here to access the North Augusta Development Code. In addition to the twenty Development Code Articles (Chapters),your click will also access Tables of Contents,Tables and Figures;Appendix A, Definitions;Appendix C,Approved Plants; development application Completeness Checklists; and all ordinances that have amended the Code since its 2007 adoption. The Development Code is fully downloadable from Document Central. SECTION 6-29-720.Zoning districts;matters regulated;uniformity;zoning techniques. (A)When the local planning commission has prepared and recommended and the governing body has adopted at least the land use element of the comprehensive plan as set forth in this chapter,the governing body of a municipality or county may adopt a zoning ordinance to help implement the comprehensive plan.The zoning ordinance shall create zoning districts of such number, shape,and size as the governing authority determines to be best suited to carry out the purposes of this chapter.Within each district the governing body may regulate: (1)the use of buildings,structures,and land; (2)the size,location,height,bulk,orientation,number of stories,erection,construction,recom muction,alteration,demolition,or removal in whole or in par of buildings and other structures,including signage; (3)the density of development use,or occupancy of buildings,structures,or land; (4)the areas and dimensions of land,water,end air space to be occupied by buildings and sltlletur0t,and the size of yards,courts, and other open spaces; (5)the amount of off-street parking and loading that must be provided,and maricions or requirements related to the entry or use of motor vehicles on the land; (6)other aspects of the site plan including,but not limited to,tree preservation,landscaping,buffers,lighting,and curb cuts;and (7)other aspects of the development and use of land or structures necessary to accomplish the purposes set forth throughout this chapter. (B)The regulations must be made in accordance with the comprehensive plan for Nejurisdicfion,and be made with a view to promoting the purposes set forth throughout this chapter.Except as provided in this chapter,all of these regulations must be uniform for each class or kind of building,structure,or use throughout each district but the regulations in one district may differ from thou in other districts. (C)The zoning ordinance may utilize the following or any other zoning and planning techniques for implementation of the goals specified above.Failure to specify a particular technique data not cause use of that technique to be viewed as beyond the power of the local government choosing to use it: (1)"cluster development"or the grouping of residential,commercial,or industrial uses within a subdivision or development site, permitting a reduction in the otherwise applicable lot'size,while preserving substantial open space on the remainder of the parcel; " (2)"Floating zone"or a zone which is described in the text of a zoning ordinance but is unmapped.A property owner may petition for the zone to be applied to a particular parcel meeting the minimum zoning district arca requirements of the zoning ordinance through legislative action; (3)"performance zoning"or zoning which specifics a minimum requirement or maximum limit on the effects of a land use rethe. than,or in addition to,specifying the use itself,simultaneously assuring compatibility with surrounding development and increasing a developeh Flexibility; (4)"planned development district'or a development project comprised of housing of different types and densities and of compatible commercial uses,or shopping centers,office parks,and mixed-use developments.A planned development district is established by rezoning prior to development and is characterized by a unified site design for a mixed use development; (5)"overlay zone'or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic arm that does not coincide with the underlying zone boundaries; (6)"conditional uses"or zoning ordinance provisions that impose conditions,restrictions,or limitations on a permitted use that we in addition to the restrictions applicable to all land in the zoning district.The conditions,restrictions,or limitations must be set forth in the text of the zoning ordinance;and (7)"priority investment zone"in which the governing authority adopts market-based incentives or relaxes or eliminates nonessential housing regulatory requirements,as these terns are defined in this chapter,to encourage private development in the priority investment zone.The governing authority alsq may provide that traditional neighborhood design and affordable housing, as these terms are defined in this chapter,must be pannitted within the priority investment zone. EXHIBIT 16 HISTORY: 1994 Act No.355,Section 1;2007 Act No.31,Section 3,off May 23,2007. Effect of Amendment The 2007 amendment added paragraph(Cx7)miming to'priority investment zone'. ARTICLE 3 —ZONING DISTRICTS govemmental jurisdictions and their Instrumentalities; and as such shall be used in accordance with such regulations as may be prescribed by the government or instrumentality thereof using the property. This district Is also applicable to land owned by public utilities and public service providers of water, sewer, electricity, natural gas, telephone, cable and internet and improved or utilized for the delivery of the public service (power generating or transforming stations, transmission and distribution lines and facilities, switching stations, etc.). Property owned by public utilities and utilized primarily for office, customer service or retail sales is not appropriate for the Public Use district. If Public Use zoned property is sold to a private individual or individuals, such property shall be rezoned to a classification that is compatible with the surrounding area. (Rev. 12-1-08; Ord. 2008-18) 3.6.4.2 Applicability — A P, Public Use District, designation may be applied to a use located on property used or reserved for a civic or public institutional purpose or for a major public facility, regardless of ownership of the land on which the use is located. A P, Public Use District designatidn may not be applied to government-owned property that is leased to a nongovernmental agency for a use other than a governmental service or for a use that supports a primary civic or public Institutional use. 3.6.4.3 Pem fitted Uses — The uses listed in Table 3-7 are permitted in the P, Public Use District, subject to the issuance of aconditional use permit as required by Article 5, Approval Procedures. Public lands that are reserved or designated for environmental protection, open space or other natural state should be zoned in the CR, Critical Areas District, rather than the P, Public Use District. 3.6.4.4 Procedures — A site plan is required for uses permitted in the P, Public Use District, to the extent required by law. The site plan may be submitted concurrent with an application for rezoning. However, the Planning Commission and City Council may attach additional conditions to the approval of the district subject to a development agreement. In lieu of the application submittal requirements specified in Article 5, Approval Procedures, the applicant for rezoning to a P, Public Use District, shall address each of the review criteria of this section in their application materials. 3.6.4.5 Standards and Review Criteria 3.6.4.5.1 Review Criteria for Rezoning - In reviewing an application for a proposed P, Public Use District, the Planning Commission and City Council shall consider the following: a. Inter-jurisdictional Analysis — A review to determine the extent to which an inter- jurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a citywide, countywide, regional or state-wide nature, and whether uniformity among jurisdictions should be considered. b. Financial Analysis — A review to determine if a negative financial impact upon the City of North Augusta can be reduced or avoided by intergovernmental agreement. c. Special Purpose Districts — When the public facility is being proposed by a special purpose district Including a school district, the city should consider the facility in the context of the district's overall plan and the extent to which the plan and facility are consistent with the Comprehensive Plan. North Augusta Development Code 3-37 EXHIBIT 17 ARTICLE 3 —ZONING DISTRICTS d. Measures to Facilitate Siting — The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors including, but not limited to: 1. The availability of land; 2.. Access to the transportation network; 3. Compatibility with neighboring uses; and 4. The impact on the physical environment. 3.6.4.5.2 Development Standards—Uses within the P. Public Use District, are not subject to the dimensional standards of §3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. If the use is within a corridor overlay district,the standards of§3.8 apply. TABLE 3-7 USES PERMITTED IN THE P, PUBLIC USE DISTRICT A B C D LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 1. Fire,sheriff, and emergency services 6400-6430 4500-4530 922120 2. Government offices or other govemmental civic uses or facilities 62.00 -6221 92 such as courts and city halls 3. Libraries 4242 4300 519120 4. Museums, galleries 712110 5. Maintenance of government buildings and grounds, including equipment 2450 561210 storage 6. Open space, park or active recreational uses operated on a non- 5500 712190 commercial basis 7. Post office 6310 491 6. Recreation centers 5380 3200 713940 9. Schools, academic, continuance, alternative, adult, colleges and 6124-6140 4220 6113 universities, and technical, trade, and otherspecialty schools 10. 2211 Public utility storage and service yards 2450 2212 2213 [12. Sewage treatment plant, pump 4340 6300-6314 22132 stations, or lift stations 635M356 Solid waste collection centers, solid 562111 este transfer stations, recyclable 4343 56211 g materials yard waste and similar Items North Augusta Development Code 3-38 ARTICLE 3—ZONING DISTRICTS d. Measures to Facilitate Siting — The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of Mose factors Including, but not limited to: 1. The availability of land; 2. Access to the transportation network; 3. Compatibility with neighboring uses; and 4. The impact on the physical environment. 3.6.4.5.2 Development Standards—Uses within the P, Public Use District, are not subject to the dimensional standards of §3.5. However, such uses are subject to the landscaping standards of Article 10, and the parking standards of Article 12. If the use is within a corridor overlay district, *a standards of§3.8 apply. TABLE 3-7 USES PERMITTED IN THE P, PUBLIC USE DISTRICT A B C D • LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 1. Fire sheriff, and emergency services 6400-6430 4500-4530 922120 2. Government offices or other governmental civic uses or facilities 6200- 6221 92 such as courts and city halls 3. Libraries 4242 4300 519120 4. Museumsgalleries 712110 5. Maintenance of government buildings nd grounds, including equipment 2450 561210 storage 6. Open space, park or active recreational uses operated on a non. 5500 712190 commercial basis 7. Post office 6310 491 8. Recreation centers 5380 3200 713940 9. Schools, academic, continuance, alternative, adult, colleges and 6124-6140 4220 6113 universities, and technical,trade, and other specialty schools 10. 2211 Public utility storage and service yards 2450 2212 2213 11. Sewage treatment plant, pump 4340 6300b314 22132 stations or lift stations 6350.6356 • 12. Solid waste collection centers, solid 562111 este transfer stations, recyclable 4343 562118 materials, yard waste and similar Items North Augusta Development Code 3-38 EXHIBIT 18 ARTICLE 3 —ZONING DISTRICTS A B C D LBCS LBCS NAICS Permitted Uses Function Structure Code Code Code 13. Water supply facilities including pump stations, dams, levees, culverts,water tanks,wells,treatment plants, 6200-6290 221310 reservoirs, and other irrigation facilities • 14. Service providers of water, sewer, electricity, natural gas,telephone, cable and Internet and improved or utilized for the deliveryof the public 4300 6000 221 service (power generating or 517 transforming stations,transmission and distribution lines and facilities, switching stations, etc. 3.6.5 R-MH, Manufactured Housing and Mobile Home District 3.6.5.1 Purpose — The pprpose of this district is to provide housing alternatives in the way of manufactured housing or mobile home subdivisions, and to insure quality development of such projects consistent with the city's prevailing residential characteristics. This district shall function as a "floating zone" wherein the district is described and set forth in the text below but shall be unmapped. A property owner may petition for the zone to be applied to a particular parcel meeting the minimum zoning district area requirements of this Chapter through legislative action of the City Council. Comment: Manufactured Homes are factory-built homes that comply with the National Manufactured Housing Construction and Safety Standards, known as the "HUD Code" Mobile Homes are factory built homes that do not conform to the HUD Code or the local building code, typically because they were manufactured prior to adoption of the HUD Code in 1976. Modular Homes are factory-built homes that comply with the local building code rather than the HUD Code. See the detailed definitions of these terns in Appendix A. Standard Manufactured Homes are permitted only In the R-MH Zoning District. 3.6.5.2 Manufactured housing or mobile home parks In the R-MH, Manufactured Home Residential District, shall conform to the following standards in addition to those set forth in Articles 4 through 16: 3.6.5.2.1 The following uses are permitted within an R-MH, Manufactured Home Residential District: a. Manufactured homes. b. Mobile homes within parks or subdivisions. c. Any use permitted within an R-7 district. 3.6.5.3 No more than one (1)dwelling unit shall occupy one (1) lot. North Augusta Development Code 3-39 • ARTICLE 3—ZONING DISTRICTS the Neighborhood Preservation Overlay Corridor District to maintain the residential appearance of existing structures and the residential setting of any building converted to a nonresidential use so that the converted dwelling will be compatible with neighboring residential property. To maintain residential character, lots shall not be developed or redeveloped solely for the purpose of providing parking. 3.6.6.2 Permitted Uses — Uses permitted in the Neighborhood Preservation Corridor Overlay District are provided in Table 3-2, Use Matrix, for the underlying base district. (Rev. 12-1-08; Ord. 2008.18) 3.8.6.2.1 Permitted nonresidential uses may be located on the first floor only. Upper stories may be used for residential and accessory storage uses only. Parking is not permitted as a principal use. 3.6.6.2.2 Uses that are not permitted are: a. Drive-in, drive-up and drive-through facilities; b. Indoor or outdoor sales of equipment, motorcycles or automobiles; c. Gasoline sales and automobile service stations; or d. Automobile and motorcycle repair. 3.8.6.2.3 No use which requires a special exception is permitted. 3.8.6.2.4 No use may be established unless and until it complies with the standards established in this section and other applicable standards contained in this Chapter. 3.8.6.2.5 No existing structure may be demolished until a site plan for the parcel has been approved. If the demolition of an existing structure is anticipated an evaluation of the economic feasibility of retaining, renovating or expanding the structure for the intended use shall be completed and submitted with the site plan application. 3.8.6.3 Dimensional Standards— 3.8.6.3.1 The dimensional standards for the Neighborhood Preservation Corridor Overlay District are established In Table 3-12. 3.6.6.3.2 Where an existing building is located on a parcel and the site development plan Includes the utilization of the existing building as a principal structure, one existing driveway from the corridor street may be utilized regardless of location or width. (Adopt. 12-01-08; Ord. 2008-18) TABLE 3-11 DIMENSIONAL STANDARDS FOR THE NEIGHBORHOOD i PRESERVATION CORRIDOR OVERLAY DISTRICT A B 1. Maximum Height _ _ _2.5 stories or 32feet 2. Minimum Height 14 feet 3. Minimum Front Setback The average existing setback within the block in which the parcel is located or 25 feet 4. Maximum Front Setback 50 feet S. Minimum Side Setback Required buffer or 5 feet North Augusta Development Code 3-62 EXHIBIT 19 ARTICLE 3-ZONING DISTRICTS y 6. Minimum Rear Setback Re wired buffer, 20 feet or 10 feet from an aIle 7. Maximum Building Footprint 1 3,000 square feet 8. 1 Maximum Bullding Covera a 50% FIGURE 3-15 EXAMPLE OF RESIDENTIAL STRUCTURE CONVERTED TO • COMMERCIAL USE IN THE NEIGHBORHOOD PRESERVATION CORRIDOR exnu^' xor e,ry ermp. rn.a.eraBe ne. Yt Wm Eullelnp 1 WbNY Dd \ o,aaon Ywn,om a. .ix roP..bw a...s.i eia. xAm eoueino n,. 3.8.6.4 BuildingDesign— 3.6.6.4.1 Building entrances shall face the corridor street or a park. 3.8.6.4.2 Not less than forty percent (40%) of the front facade of new buildings shall include doors or windows. 3.8.6.4.3 The slope of an existing roof shall be retained in any reconstruction or addition. The slopes of roofs on new buildings shall match the average of the roof pitches on buildings within the block. 3.8.6.4.4 The existing facade facing or visible from the street, including existing doors and windows shall be retained. 3.8.6.5 Access and Parking— 3.8.6.5.1 Not more than one (1) access to a street shall be permitted per lot or parcel. There is no restriction on the number of access points to an alley. 3.8.6.5.2 The maximum driveway width between right of way and the front of any building Is fourteen (14)feet. 3.8.6.5.3 Off-street parking shall be provided as set forth in Article 14, Parking. No aboveground structured parking is permitted, except for a residential garage that was constructed as an accessory use to a dwelling prior to its conversion to a non-residential use. North Augusta Development Code 3-63 ARTICLE 3—ZONING DISTRICTS 3.8.5.10.4 Permitted Materials — The following building exterior wall materials are permitted: a. Brick b. Split-face concrete block c. Parged block d. Glass block e. Decorative concrete masonry units (CMUs)(i.e. textured, glazed and other special treatments or materials) f. Stone g. Terra cotta h. Fiber cementious board siding materials 1. Traditional(real)stucco or plaster j. Carrera glass k. Windows,window glazing and architectural glass panels I. Architectural metal panels, laminated or otherwise • in. Exterior finish wood materials as approved by the Department. (Rev. 2-21-11; Ord. 2011-01) 3.8.5.10.5 Permitted Materials With Limitations—The following building exterior wall materials are permitted with limitation in the Highway Corridor Overlay District: a. Ceramic the as an accent on up to ten percent(10%) of the wall area. b. Metal siding applied to single-family detached and attached dwelling units only. c. Vinyl siding for single-family detached and attached dwelling units only. d. Drainage-backed synthetic stucco (Drainage-Backed Exterior Insulation Finishing System [Drainage-Backed EIFS)) may be applied to any wall surface eight feet or more above the adjacent grade. (Rev. 2-2141; Ord. 2011-01) (Rev. 5-16-16; Ord. 2016-09) 3.8.6 NP, Neighborhood Preservation Corridor Overlay District 3.8.6.1 Purpose — The Neighborhood Preservation Corridor Overlay District applies to areas of the city that are located on collector and arterial streets and are in transition between traditional residential and commercial uses. Structures in the corridor are predominantly if not exclusively residential In character. Parcel size is relatively small. The underlying zoning in the corridor includes a variety of both commercial and residential districts. The continued residential use of some parcels may not be economically feasible. It Is anticipated that conversion of single-family residences to commercial and office establishments will continue. Demolition of existing residential structures is inconsistent with policies expressed in the Comprehensive Plan and contemporary commercial development for new retail uses and office buildings is inappropriate. New high-density residential development is also inappropriate. Alternative uses of existing residential buildings provides a more orderly and reasonable transition for the surrounding neighborhood.With appropriate restrictions, the conversion of houses to office and small personal service uses is suitable and provides for economically feasible uses of parcels in the corridor. This overlay is, therefore, created with an emphasis on preserving the residential character of the corridors, protecting the unique design features and local architecture vernacular, and protecting the property values and health, safety and general welfare of surrounding neighborhoods. The Neighborhood Preservation Corridor Overlay District is established to preserve and protect residential neighborhoods while accommodating some transitional commercial uses at an appropriate scale in locations zoned for commercial uses. It is the intent of North Augusta Development Code 3-61 EXHIBIT 20 ARTICLE 3—ZONING DISTRICTS the Neighborhood Preservation Overlay Corridor District to maintain the residential appearance of existing structures and the residential setting of any building converted to a nonresidential use so that the converted dwelling will be compatible with neighboring residential property. To maintain residential character, lots shall not be developed or redeveloped solely for the purpose of providing parking. 3.8.6.2 Permitted Uses — Uses permitted in the Neighborhood Preservation Corridor Overlay District are provided in Table 3-2, Use Matrix, for the underlying base district. (Rev. 12-1-08; Ord.2008-18) 3.8.6.2.1 Permitted nonresidential uses may be located on the first floor only. Upper stories may be used for residential and accessory storage uses only. Parking is not permitted as a principal use. 3.8.6.2.2 Uses that are not permitted are: a. Drive-in, drive-up and drive-through facilities; b. Indoor or outdoor sales of equipment, motorcycles or automobiles; c. Gasoline sales and automobile service stations; or d. Automobile and motorcycle repair. 3.8.6.2.3 No use which requires a special exception is permitted. 3.8.6.2.4 No use may be established unless and until it complies with the standards established in this section and other applicable standards contained in this Chapter. 3.8.6.2.5 No existing structure may be demolished until a site plan for the parcel has been approved. If the demolition of an existing structure Is anticipated an evaluation of the economic feasibility of retaining, renovating or expanding the structure for the intended use shall be completed and submitted with the site plan application. 3.8.6.3 Dimensional Standards- 3.8.6.3.1 The dimensional standards for the Neighborhood Preservation Corridor Overlay District are established in Table 3-12. 3.8.6.3.2 Where an existing building is located on a parcel and the site development plan includes the utilization of the existing building as a principal structure, one existing driveway from the corridor street may be utilized regardless of location or width. (Adopt. 12-01-08; Ord. 2008-18) TABLE 3.11 DIMENSIONAL STANDARDS FOR THE NEIGHBORHOOD PRESERVATION CORRIDOR OVERLAY DISTRICT A B I. Maximum Height 2.5 stories or 32 feet 2. Minimum Hei ht _ 14 feet _ 3. Minimum Front Setback The average existing setback within the block In which Bre parcel Is located or 25 feet 4. Maximum Front Setback 50 feet 5. Minimum Side Setback Required buffer or 5 feet North Augusta Development Code 3.62 i I ARTICLE 3 —ZONING DISTRICTS 3.8.6.5.4 Parking shall not be permitted between structures and the corridor street. Parking shall be located on the side or in the rear of buildings only. Parking visible from the front shall be screened with a permanent wall, fence or hedge not less than forty-two (42)and no more than sixty (60)inches in height. 3.8.6.5.5 Parking areas shall be setback at least five (5)feet from the property line provided, however, that If the property line abuts an alley, no setback is required unless the alley abuts a front or side yard of a parcel that is zoned residential or in a residential use. 3.8.6.5.6 Parking areas shall be improved with an approved surface pursuant to the provisions of Article 12, Parking. Ground surface areas not covered with an approved • surface shall be restricted from parking by signage and curbing, fencing or other physical barriers. 3.8.6.6 Landscaping Requirements— 3.8.6.6.1 Street Trees and Plantings — One (1) street tree shall be planted for every forty (40) feet of frontage on the corridor street in accordance with Article 10, Landscaping, unless existing trees are in place and meet the standard. Required trees and plantings shall be planted between the sidewalk and curb where there is adequate space. In the event there is inadequate space between the sidewalk and curb as determined by the Director, the required trees maybe planted behind the sidewalk in the front setback. If planted in the front setback the general alignment of street trees in the corridor shall be maintained to the extent practicable. Comment: City Code §1318 provides: Damaging trees, shrubs, etc., along streets. Except as otherwise provided, it shall be unlawful for any person to cut, break, mutilate, deface or in any manner destroy or damage any tree, flower, vine, plant or shrub, or any boxing, pot or other thing provided for the protection thereof in or upon any street, alley, square or sidewalk In the city. 3.6.6.6.2 General Lot Landscaping—See Article 10, Landscaping. • 3.8.6.6.3 Parking Lot Landscaping—See Article 10, Landscaping. 3.8.6.7 Lighting —All lighting shall be directed on-site or onto adjacent walkways and shall be shielded from interfering with comdor,traffc and direct off-site viewing. 3.8.6.8 Signs— 3.8.6.8.1 Signs are permitted in accordance with the provisions of Article 13, Signs, unless specified otherwise in this section. 3.8.6.8.2 Driveway directional signs are not permitted unless the circulation pattern for an establishment is not obvious and traffic must proceed along a specific route for service. 3.8.6.8.3 Window signs are not permitted. North Augusta Development Code 3-64 EXHIBIT 21 ARTICLE 3—ZONING DISTRICTS 3.8.6.8.4 Signs shall not be Intemally Illuminated. Externally illuminated signs and • signs in which the letters or graphics are constructed of neon tubing are permitted. Illuminated signs shall not be oriented such that the direction and intensity of lighting creates.glare or a hazardous condition for drivers or pedestrians. 3.8.6.9 Utilities and Trash Receptacles — All trash receptacles and utility equipment shall be located in the side or rear yard. Trash receptacles and utility equipment shall be screened so as not to be visible from the public right of way. 3.8.6.10 Business Operations for Nonresidential Uses— 3.8.6.10.1 Business hours of operation shall be limited to the period from 7:00 a.m. to 9:00 P.M. 3.8.6.10.2 Goods shall not be displayed or stored on the premises in a manner that is visible from the exterior of the building. Merchandise displays are not permitted on the right of way, or in any yard or setback, or on any open porch. Merchandise displays are permitted on covered porches. Window displays shall not exceed ten (10) square feet per display and shall not cumulatively exceed twenty (20) square feet or five percent (5%)of the area of the front facade,whichever is greater. • 3.8.7 LMK, Landmark Overlay District(RESERVED) North Augusta Development Code 3-65 EXHIBIT 22 ATTACHMENT #15A ORDINANCE NO. 2019-07 C TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA SOUTH CAROLINA BY REZONING t 2.41 ACRES OF LAND OWNED BY THE CITY OF NORTH At AND LOCATED AT 1220 AND 1220 '%GEORGIA AVENUE AIKEN COUNTY TAX PARCELS 4007-07-06-003 AND 007-07-06-004, FROM R-14 LARGE LOT SINGLE-FAMILY RESIDENTIAL TOP PUBLIC USE. 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 North Augusta 2017 Comprehensive Plan; and WHEREAS,the City,the owner of the property,has requested that it be rezoned from R-14 to P, Public Use; and WHEREAS, the North Augusta Planning Commission, following a May 17, 2018, public hearing, reviewed and considered the amendment to the Zoning Map and the recommendations having been presented to the City Council for consideration. 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: I. The properties owned by the owned by the City of North Augusta, and located at 1220 and 1220 '/z Georgia Avenue, Aiken County Tax Parcels #007-07-06- 003 and 007-07-06-004, from R-14, Large Lot Single-Family Residential to P, Public Use. IL Said property being officially rezoned to the classification P, Public Use, more specifically 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. C ORDINANCE TO AMEND ZONING MAP Page 2 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY �✓ COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS DAY OF ,2019. First Reading Robert A. Pettit,Mayor Second Reading Third and Final Reading ATTEST: Sharon Lamar, City Clerk C