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071519 Council Mtg Mins Adopted North Augusta* South Carolina's Riuerfront MINUTES OF JULY 15, 2019 Robert A. Pettit, Mayor J Robert Brooks, Councilmember Pat C. Carpenter, Councilmember Fletcher L. Dickert, Councilmember David W McGhee, Councilmember Eric H. Presnell, Councilmember Kevin W Toole, Councilmember ORDER OF BUSINESS REGULAR MEETING The regular meeting of the City Council of the City of North Augusta of July 15,2019 having been duly publicized was called to order by Mayor Pettit at 7:00 p.m, and adjourned at 8:12 p.m. Per Section 30-4-80(e)notice of the meeting by email was sent out to the current maintained"Agenda Mailout" list consisting of news media outlets and individuals or companies requesting notification. Notice of the meeting was also posted on the outside doors of the Municipal Center, the main bulletin board of the Municipal Center located on the first floor, and the City of North Augusta website. Mayor Pettit rendered the invocation and the Pledge of Allegiance. Members present were Mayor Pettit and Councilmembers Carpenter, Dickert, McGhee, Presnell, and Toole. Councilmember Brooks was absent. Also in attendance were B. Todd Glover, City Administrator; Rachelle Moody, Assistant City Administrator; Kelly F. Zier, City Attorney; Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation and Tourism; Thomas C. Zeaser, Director of Engineering 1 G and Public Works;James E. Sutton,Director of Public Works;Lillian E.(Libby)Hodges,Director of Planning and Development;J.D.McCauley,Manager of Human Resources;and Sharon Lamar, City Clerk. Members of the public and media were also present. The minutes of the regular meeting and study session of July 1, 2019 were approved by general consent. Mayor Pettit introduced an additional podium security measure for citizens wishing to present items other than paper documents to Council. Please see below: PODIUM SECURITY: (1) Any person addressing Council may bring paper documents, handouts, etc. to the Podium. If desired, such handouts may be delivered to the City Clerk or if requested, a City stell'nrentber will distribute to Council members. (2) If the speaker desires to utilize tion-paper items Ibr denionslmtion purposes, any such items MUST be cleared by Public Safety belitte being taken to the Podium arca. (3) Items requiring this clearing by Public Safety, would include but not be limited to pocketbooks, briefcases. sacks, boxes, or any similar containers. This requirement would apply whether or not such items are to be utilized in the presentation. ITEM 5. COMMUNITY PROMOTION: Proclamation — Americans with Disabilities Act Awareness Day,July 26,2019 CMayor Pettit proclaimed July 26,2019 as Americans with Disabilities Act Awareness Day in North Augusta, South Carolina. A copy of the proclamation text is below: North City of%orthAugusta, South Augusta Carolina South Carolina's fuvetfront PROCLAMATION INRECOGNITION OFAmericans with Disabilities Act Awareness Day WHEREAS, a significant portion of the City of North Augusta residents are persons with varying disabilities that may be apparent or hidden; and WHEREAS, individuals with disabilities have the same desires and rights for equal access as those without disabilities; and OWHEREAS, those desires for equal access and equal rights include but are not limited to education, employment, and community programs and resources; and ^ WHEREAS, including all individuals with disabilities fully in the community enables V utilization of the invaluable knowledge, skills, talents, and diversity that they have to offer;and WHEREAS, Americans with Disabilities Act Awareness Day recognizes that individuals with disabilities are capable, contributing members of society; and WHEREAS, individuals with disabilities are worthy offull access and inclusion in the City ofNarth Augusta and surrounding communities. NOW THEREFORE, 1, Robert A. Pettit,Mayor of the City of North Augusta, South Carolina, do hereby claim July 16, 1019 as: Americans with Disabilities Act Awareness Day IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of North Augusta, South Carolina, to be affixed this 15th day of July, 1019. Robert A. Pettit, Mayor City of North Augusta ITEM 6. ANNEXATION: Ordinance No.2019-05 to Change the Corporate Limits of Cthe 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. Ordinance,Third and Final Reading On motion by Councilmember Presnell, second by Councilmember Carpenter, Council considered an ordinance on fust reading 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. The following made citizen comments: Mr. H. Baskett,Bradley Court,North Augusta, SC (No Speaker Form provided) The third and final reading of the ordinance passed with no dissenting votes. A copy of the ordinance text is below: ORDINANCE NO. 2019-05 TO CHANGE THE CORPORATE LIMITSOF THE CITY OF NORTH AUGUSTABY ANNEXING±5.42 ACRES OF PROPERTY LOCATED ALONG BRADLEY DRIVE, THAXTON COURT AND BRADLEY COURT AND OWNED BY SUMMER LAKES DEVELOPMENT, LLC C 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 C 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: 1. 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 Oand 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, 012-14-06-0665 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 21C of Bradley Terrace Subdivision as conveyed to Summer Lakes Development, LLC, in the RMC Office of Aiken County, South Carolina, in Deed O book 4728,pages 246-248. O 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. 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 CThe 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. II. 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. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS O DAY OF JULY,2019. © First Reading: Second Reading: Robert A. Pettit, Mayor Third Reading: ATTEST: Sharon Lamar, City Clerk ITEM 7. 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. Ordinance,Third and Final Reading On motion of Councilmember Dickert, second by Councilmember Toole, Council voted unanimously on third and final reading to approve the abandonment of 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 copy of the ordinance text is below: C 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 Crequested abandonment; and O WHEREAS, following consideration of the recommendation from the Planning Commission and any input received at the public hewing,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 C ITEM 8. 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. Ordinance Third and Final Reading On motion of Councilmember McGhee, second by Councilmember Dickert, Council voted to consider an ordinance on third and final reading to amend the zoning map of the City of North Augusta, South Carolina by rezoning f 2.41 acres of land 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. On motion of the Chair, second of Councilmember Presnell, Council voted unanimously to table the ordinance. The text of the ordinance is below: 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 C O THE CITY OF NORTH AUGUSTA,AND LOCATED AT 1220 AND 1220 '/2 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. 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 17,201 g, 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 '/2 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. OII. 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. 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: CSharon Lamar, City Clerk �. ITEM 9. 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. Ordinance,Third and Final Reading On motion of Councilmember McGhee, second by Councilmember Dickert, Council considered on third and final reading an ordinance to amend Article 3, Zoning Districts, Related to the Public Use(P) Special Zoning District, of the North Augusta Development Cade, Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances. The following made Citizen Comments: (Speaker forms are attached.) Bill Scott, 1401 Observatory Avenue,North Augusta, SC Council members Toole and Presnell voiced that they would not support the ordinance. Councilmember Carpenter made a motion to table the ordinance with a second by Councilmember Toole. The motion to table failed by a vote of 3-3. Councilmember Toole, Councilmember Presnell and Councilmember Carpenter voted in favor of tabling. Mayor Pettit, Councilmember McGhee and Councilmember Dickert voted in opposition V of tabling the ordinance. The motion to approve the ordinance passed with a 4-2 vote. Mayor Pettit,and Councihnembers Dickert, Carpenter, and McGhee voted in favor. Councilmembers Toole and Presnell were the dissenting votes. The text of the ordinance is below: ORDINANCE NO. 2019-06 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 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 Title 6,Chapter 29 of the South Carolina Code,the North CAugusta Planning Commission may review requests for amendments to zoning ordinances; and G 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 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. 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: C 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 section. The section of the Code affected by the proposed amendment is identified by the section number. 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 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. 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. Il. All other Ordinances or parts of Ordinances in conflict herewith me, to the extent of such conflict,hereby repealed. O 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. First Reading Robert A. Pettit,Mayor Second Reading Third Reading ATTEST: Sharon Lamar, City Clerk ITEM 10. CITY PROPERTY: Ordinance No. 2019-10 — To Grant Easements to Dominion Energy for Underground Conversion along W.Five Notch Road. A. Ordinance,First Reading b/ On motion of Councilmember McGhee, second by Councilmember Toole, Council considered granting an easement to Dominion Energy for underground conversion along W. Five Notch Road. The first reading of the ordinance was approved unanimously. B. Ordinance,Second Reading On motion of Councilmember Dickert, second by Councilmember Presnell, Council approved the second reading of the ordinance with no dissenting votes. The text of the ordinance is below: ORDINANCE NO. 2019-10 AN ORDINANCE GRANTING EASEMENTS TO DOMINION ENERGY FOR UNDERGROUND CONVERSION ALONG W. FIVE NOTCH ROAD WHEREAS, Dominion Energy has indicted to the city its intent to underground utilities along W. Five Notch Road; and WHEREAS, as part of the construction, Dominion Energy has requested that the City grant to it easements upon and across City property that would allow for the provision of electric services; and /►, utilities; and WHEREAS, the placement of such equipment is necessary to underground the WHEREAS, this area has traditionally been an area where storms have caused substantial power outages and the undergrounding of utilities in the area would held reduce the power outages from fallen trees, and WHEREAS,the Mayor and City Council have reviewed this matter,to include the proposed Deed of Easement and find that it is in the best interest of the citizens of North Augusta that such easement be granted. 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 City grant to Dominion Energy an easement over and across City property known as Tax Parcel Number 005-19-13-002. II. The City Administrator is hereby authorized to execute the Deed of Easement and any other documents necessary in order to complete this matter. III. This Ordinance shall become effective immediately upon its adoption on third and final reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL O OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12019. First Reading: Second Reading: Robert A. Pettit, Mayor Third Reading: ATTEST: Sharon Lamar, City Clerk ITEM 16. CITIZENS COMMENTS/RECOGNITION OF VISITORS: Please see the attached Speaker Forms completed for the July 15, 2019 Council meeting. A. Citizen Comments: William T. Kinney, 1848 Robin Road,North Augusta, SC Jimmie Crawford, 1132 Terrace Circle,North Augusta, SC David Weikle (No Speaker Form provided) O Barbara Sweeney, 79 Shoals Way Court,North Augusta, SC Mike Reed, 1942 Bolin Road,North Augusta, SC Sharon Reed, 1942 Bolin Road,North Augusta, SC Dave Leverett, 121 Butler Avenue,North Augusta, SC London Smith(No Speaker Form provided) Ken Powell, 320 Clay Street,North Augusta, SC B. Council Comments: Councilmember Dickert Councilmember McGhee Councilmember Presnell Mayor Pettit There being no further business,Council adjourned to return to Executive Session at 8:12 p.m. No additional action was taken in Executive Session and nothing was reported out. APPROVED THIS 5th DAY OF Respectfully submitted, AUG U 0 9. k0AW&AJ Sharon Lamar ^ Robert A.Pettit,Mayor City Clerk C OR NAME: ,�� SGS F// ADDRESS: FF�%%`tD TELEPHONE: PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. )For example;I support the resolution because ...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: SUMMARY SPC (11 ocrz8d ORDINANCE—EXEMPTION FROM CODE REQUIREMENTS—July 15,2019 City Council Agenda items. Exemption from Overlay. Again,like with the rezoning,this is notthe first time citizens have opposed city exemption from code requirements, and 1 am adoptingg the comments people like me have made before, like comments on March 18,2019 regarding Ordinance 20191nd other proposed ordinances,which relate to this. In regards to the city's proposal to exempt itself from the regulations of the development code,specifically Section 3.8.6,Ifind It curious that this exemption is not requested for all overlay districts. We have a downtown district, a highway corridor district and yet the city is only requesting an exemption from the neighborhood overlay district. So,there is no denying this is specifically related to the fire station and the future Public Safety Headquarters and courthouse. The reason this process has been taking so long is that the existing city ordinance and laws were enacted to have an organized process for development and ensure the citizens of North Augusta that their rights and concerns would be protected. December 04, 2017, 1 attended a study session about this new government complex and the first stage of the project,the fire station,was discussed. In that session,it was asked of the city Of the project would have to comply with the Neighborhood Preservation Overlay requirements. The city attorney and planning director stated it would have to comply with the requirements of the overlay. At that point, I was at ease about the project since I know the ordinances are there to protect the citizens and everyone is required to follow them. Why did the city state It would follow the requirements of the ordinances and now thescity is desiringto vote to exempt itself from these very same ordinances? Why is the Neighborhood Preservation Overlay District important? I refer you and all here tonight to the city's development code. In Article 3, 3.8.6 Neighborhood Overlay Preservation states "This overlay is,therefore, created with an emphasis on preserving residential character of the corridors,...protecting the property values and health,safety and general welfare of surrounding neighborhoods. The Neighborhood Corridor Overlay District is established to preserve and protect residential neighborhoods ... commercial uses at an appropriate scale in locations zoned for commercial use" The words you need to focus on are"preserve and protect". But to preserve and protect,what? Property values, Health,Safety,and General Welfare. Preserve means to"keep safe from injury, harm or destruction" Mirriam-Webster(M-W) Protect means to"to cover or shield from exposure, injury,damage or destruction.To guard. (M-W) By voting for this ordinance tonight, in which 1h14q exempting yourselves from the requirements of the Neighborhood Preservation Overlay(preserve and protect),the city is acknowledging what they are proposing,will do just the oppositel Otherwise, why would you exempt yourselves from the ordinance that preserves and protects? Are you stating to the public here tonight,voting to exempt the city from the law,that the city isvwilling to take a part - to injure, harm or destroy people's health, safety, property values and general welfare? That is what the development code states,not my heart,but the code[ Additionally,the exemption you are about to vote on,may exempt you from the neighborhood preservation overlay requirements, but there are still other sections of the development code that have not been considered. Will council then decide to exempt itself from these other requirements? I do not want to believe that a person elected by the citizens, ofthis w n 9111W,would be able to—in good conscious—vote for anordinan�reo( is //ScD Mr - �Y 15, 2019 `�'O/�1/r///�� X11_ 1) REZONING— Flythe property from R-14 to P (Public Use) and 2) TEXT AMMENDMENT— Exempting City from Regulations of the Development code related to neighborhood Preservation Overlay July 15, 2019 City Council Agenda Item Under§ Article 5 Local Planning —Zoning SECTION 6-29-710. Zoning ordinances; purposes. Sec. (A) states: "... zoning ordinances must be made with reasonable consideration of the following purposes, where applicable:" And Sec. (4) underneath states: "to protect and preserve scenic, historic, or ecologically sensitive areas;" Isn't overlay zoning meant to be a protective measure for maintaining the zoning of the particular property or properties? Not only that, such a change could precipitate the city doing anything it wishes to with property it owns or purchases when P zoning is established. And this P zoning replaces R-14, which has not been made with a reasonable consideration of the residential area. This is contrary to SC Code Ann. § SECTION 6-29-720. Zoning districts; matters regulated; uniformity; zoning techniques. And especially Sec. (B)(5) thereunder: "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 area that does not coincide with the underlying zone boundaries" What council is about to do this evening is to pass an ordinance that is counter to state law and prohibited. § 6-29-720(B)(5) is in place particularly for overlay zonings to protect the public interests. 46 City Council Speaker Form City Council Meeting Date&Time Full Name Mr.William T.Kinney 'Full Address 1848 Rohin Rd North Augusta sc 29841 Phare (1193)3445111 Agenda Item&Tpoic Fire Station relocation. *Summarize Your Comment If the area is a historic site,why have the residents of N.A.let the area become an eye sore. Page 1 d • _ it / 9 f. i ,IWO L A, "�� SPEAKER FORM NAME; � rt CA4 6'aj ADDRESS: /I 3a �.2M-CC C!rcl-e c-- TELEPHONE: PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example:I support the resolution because... THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING, COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: SUMMARY SPEAKER IS : NAME . r �j� tr syy l,) C.1/ ADDRESS: A/ 1nn K -� (�'� TELEPHONE: 4;f ca 3 �/ !23 FSS PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example:I support the resolution because ... ( THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: L-Vikw^•�" .�P..l) =rte..... -� R SUMMARY "�Z �l.e�.a end be•—;�—•o�^-m�®P 1L[�ssr�-= SPEAKER FORM NAME: ADDRESS: TELEPHONE: &l/' 0151 PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example: I support the resolution because...) THIS FORM WILL BEATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: SUMMARY 14 L 14 �—SPEAKER DRM NAME: (� j, `){ "*—" I - ADDRESS: TELEPHONE: PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example:) support the resolution because...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: nn SUMMARY /� SPEAKER FORM NAME: _P4 /y G G cl"rx/ '/ f/ ADDRESS: / 1l /Uhf TELEPHONE: PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example; I support the resolution because ...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: SUMMARY (D� `SPEAKER FORM NAME; esw 1p.. & ADDRESS: N kSG� TELEPHONE: PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example; I support the resolution because ...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING, COUNCIL MEETING DATE: 71_1!ylzo l' _ AGENDA ITEM/TOPIC: ,,..ss SUMMARY