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ORD 2019-09 Adopted (Abandoning Right-of-Way 0 0 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 June 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 OUNCIL OF ITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2019. FIRST READING: / SECOND READIN - ROBERT A. PETTIT,MAYOR THIRD READING: / ATTE'SLT:� . �cef,Y44 U SHARON LAMAR,CITY CLERK ATTACHMENT#r Department of Planning / and Development rJ Memorandum # 19-012 city of North Augusta To: B. Todd Glover, City Administrator From: Libby Hodges, AICP, Director of Planning and Developmer&P 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 O North Augusta � and Development SournCaroitna'srt;verjrtnn Protect Staff Report RWA19-001 Carolina Ave Alley Abandonment Prepared by: Kuleigh Baker Meeting Date:June 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 CI Project Staff Report RWA19-001 Carolina Ave Alley Abandonment Prepared by:Kuleigh Baker Meeting Date:lune 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.northougusta.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.northougusto.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 Augustall 6OU11h Carolina's Riuerfn rnt 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 .+ Na0, na a, � faa wiiw� itY�n HWI M6 s1a�1,8 a Fe � , - Fa�Nu nu � �w � art ISH T.21 rtbl Itl Rs J OM1N a. Th M1 dll' p! PG9. QAO nY).ru A F b ffiAH 309 a�tllil .f_ . �j Dol.nwN $ r• 0.02 acre portion of alley tt, sought to be abandoned I t 4 I I � i F^ P f North Application RWA19-001 w�E Augusta Proposed Alley Abandonment , S,i 11)COMAIn0$Ritrrrfrmu N 45 a W �Fee1 Date:4/29/2019 City of North Augusta, South Carolina Planning Commission PUBLIC HEARING NOTICE The North Augusta Planning Commission will hold public hearings at its regular monthly meeting beginning at 7:00 PM on Thursday, June 20, 2019, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following applications: RZT 19-002 — A request by Mountaineer Pest Services to amend Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts, of the North Augusta Development Code to amend the NP, Neighborhood Preservation Overlay District to remove properties from overlay requirements. RZT 19-003 — A request by the City of North Augusta to amend Article 13, Signs, of the North Augusta Development Code. RWA 19-001 — A request by Paul Brewer and Barbara Coleman to abandon a section of an unnamed alley at the rear of 812 Carolina Avenue, ±0.02 acres. Documents related to the applications will be available for public Inspection on or after Friday, June 14, 2019 in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 803-441-4221. All citizens and property owners interested in expressing a view on any matter that is the subject of a public hearing are encouraged to attend. CITIZEN ASSISTANCE: ' Individuals needing special assistance or a sign interpreter to participate in the meeting are asked to please notify the Department of Planning and Development at 803-441-4221 at least 48 hours prior to the meeting. Application for Development Approval North �usta\= Please type or print all information Sourh Carolinas Rioerfront Staff Use .I Application Number h� 19 -0 1 Date Received 2.10 Review Fee sI DD Date Pald 3jL1 111 Ck-* lbs$ 1. Project Name Alley K b-%F, do, ntl 1 Project Address/Location 81 Z Ce -0 Moe, 190-c- Total Project Acreage J Current Zoning R - ? Tax Parcel Number(s) - TaxParcelNumber(s) �oo '7 /o ov o,93lis 2. AppllcantlOwner Name - 1 6011fuit✓ Applicant Phone 70 83& 5.2Yn Mailing Address 8 i l e'4 r o t ink "O'e- City P- a�, ST �j,/ Zip 25'PY/ Email Puyl �rtut.l' ,Z.2l�mr,' rrrT 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//it''ecUSurveyor 6-13e sodll License No. C Do 0 3 7 Firm Name (Seer3G 1, . r?-Oj rt 1.n q 053DG. Firm Phone 706 -238 0 9 V 9 Firm Mailing Address 1,'L *o X e r,r X 57- City ST �Q, Zip 70fDD ' Email Signature Date 6l12, IA,)oS 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 ✓ 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. 7. Applicant or Designated Agent Signature Date Print Applicant or Agent Name 1=13 To: Kelly tier/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,. 706.835.5290 9/122017 (..) ( 3 Auguste SC 0 home I gis I esn Zoning and Use opo magery kdvanced dI_p I " '. I X708'80'3 40 1007061807 �p.�.__� 0070817010 00706/7007 010 f s1` (� 007 0 6 22 001 ¢�1T062200 0070214 829 824 Wt © + h 007082300774 �1 L_—� _� OP70�24W t2S dod 097002?OOs 00708123003 007 X008 0070623 X S to �. a17m23003—II i b10 017M828 2d am 706z b I' off 001 310 s 0070624003 7320 007 01 23 0116 (07706.25008 401 �lelc10 2A213'4p4B a $13 Et/ �` / @22 �\ * 2C2D4"D' ' 2300@ �'� 70'623007 'as 0070(•-4007 019 IY17.'MI002 - _ 0077005M: 31 Va3B 5A5B 007 10 04 001 Q(} - � 3C.p 5C,i0 f 304 E07 f OL.. =i'1? O 007 t004 608 ' 1 2 E 4 5 071a /\ r Efy� C. anxrrs9'1'" 402 /4007 10 0_ 215 Y2213 N�. ' (S 1 Y , irsu312 h10 ,` G 7 004003 w �� / A r WalLL;0005 �- � 69 r / °•• O no77la2aw 1V f / \y t f Ofi / 1710 � 097 7 O0 09 007 ��\ + :A GIS` u 11tlp1208.74.124.99/pubk8swe / ,11 atel, I~ A ry� r i CALCULATED FOR CLOSURE 11.4 % 11.6 c 77 g �' I AND FOUND TO BE ACCURATE TO MORE THAN ONE FOOT IN 75,000 FEET. 11 i PORCH 3 i:•.J. w DATE OF FIELD SURVEY: 6-22-2005 O m3 m 331.48' ALONG R/W TO INT. OF R/W z �. OF WOODLAWN AVE. (PLAT DIST.) U• 1/2"0 O.T.P.FD. 1/2'0 O.T.P.FD. ALK ..,.y PK NAIL FD IN GONG. T / 3/4 O T P FD.- N •J6INT DR �— CARO CURB :\ pi�J60 Y S T f'QF/Z 10 Y NO. 6268 CAROLINA AVENUE - 100' R/W PROFESSIONAL NOTE: 0 ryG-zvor-q7 2 THIS LOT IS SUBJECT TO O ALL EASEMENTS AND o R'i SETBACKS OF RECORD m (ASP. PAVING) C G� WHETHER SHOWN HEREON OR NOT. NOTE: FILE: ,523-14 A.-2 CURRENT F.I.A. MAPS DO NOT PLACE THIS LOT DATA: '3970, F.B. 2005-02, PG. 13 IN THE 100 YR. FLOOD PLAIN, SEE: 808 CAROLINA AVE. (ST.) PLATScale: - 30' PAUL D. BREWER & BARBARA C. COLEMAN For : I I Dace: 6-22-2005 Description: PROPERTY LOCATED AT 812 CAROLINA AVENUE, BEING LOT 3 AND OJ.�VA CARO47'Y A PORTION OF LOT 4, BLOCK 16, CITY OF NORTH AUGUSTA S/D. y 7 COUNTY OF: AIKEN STATE OR SOUTH CAROLINA MMM L GWMAM Z mm " " 4 GEORGE L. GODMAN & ASSOCIATES �1 LAND SURVEYING 5X 40. CM237 GEORGIA REGISTERED LAND SURVEYOR 1977 C �� 2 SOUTH CAROLINA REGISTERED LAND SURVEYOR 6268 OF P��� 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 ` , V