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110220 Council Mtg Backup Materials North Augusta - South Corolino's Riverfront CITY COUNCIL MEETING BACK-UP MATERIALS FOR NOVEMBER 2, 2020 No t i AUgUst aJ Socapk f.cLulfula�ff&v4dem1r Interoffice Memorandum TO: Mayor and City Council FROM: Jim Clifford City Administrator DATE: October 30,2020 SUBJECT: Regular City Council Meeting of November 2 2020 REGULAR COUNCIL MEETING ITEM 5. PRESENTATION: Hometown Hero Banner Project—Aiken County Veteran Council Lowell Koppert,Aiken County Veterans Council Chairman and Linda Caldwell,Aiken County Hometown Hero Banner Project Director,will present a certificate to formally thank Council for its partnership to recognize local veterans with the Hometown Hero Banner Project. TEEM 6. PROCLAMATION: National American Indian Heritage Month—November 2020 Dr.Celeste Spence,representing the North Augusta Chapter of the Daughters of the American Revolution. will be attendance to receive the proclamation. PROCLAMATION NATIONAL AMERICAN INDL4N HERITAGE MONTH WHEREAS, the contributions of American Indians have enhanced the freedom.prosperity, and greatness ofAmerica today; and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George H. W. Bush in August 1990, designating the month of November as National American Indian Heritage Month; and WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned. NOW THEREFORE, I, Robert A. Pettit, Mayor of the City offorth Augusta, South Carolina, do hereby proclaim November, 2020 as NATIONAL AMERICANINDIANHERITAGEMONTH in the City of North Augusta, South Carolina, and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Augusta, South Carolina, to be affixed this 2nd day of November, 2020. ITEM 7. ANNEXATION: Ordinance No. 2020-18— Amending Article 13, Signs, of the North Augusta Development Code, Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances; Ordinance-First Reading On June 18, 2020, the Planning Commission reviewed application RZT20-001, Article 13: Signs, Text Amendment.The application proposed a text change regarding electronic readerboard signs put forward by Be Ye Holy Ministries. The Planning Commission did not recommend the changes. Council received the Planning Commission Recommendation Memorandum # 20-017 and Project Staff Report: RZT20-001 Article 13: Signs,Text Amendment for information at the regular City Council meeting of July 6, 2020. The ordinance was tabled at the July 20,2020 regular City Council meeting. A motion is required to remove the ordinance from the table. A motion is also required to consider the ordinance amending Article 13, Signs, of the North Augusta Development Code, Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances. Please see ATTACHMENT #7 for a copy of the proposed ordinance, Planning Commission Recommendation Memorandum # 20-017,and Project Staff Report: RZT20-001. ITEM 8. FINANCE: Ordinance No.2020-28—Adopting a Budget for Fiscal Year 2021 Containing Estimates of Proposed Revenues and Expenditures by the City of North Augusta, South Carolina, for the Budget Year Beginning January 1, 2021, and Declaring That Same Shall Constitute the Budget of the City of North Augusta for Such Budget Year; Ordinance—Final Reading An ordinance has been prepared for Council's consideration on final reading to adopt a budget for the fiscal year 2021 containing estimates of proposed revenues and expenditures by the City of North Augusta, South Carolina,for the budget year beginning January 1.2021,and declaring that same shall constitute the budget of the City of North Augusta for such budget year. Please see ATTACHMENT#8 for a copy of the proposed ordinance. ITEM 9. FINANCE: Ordinance No. 2020-29—Levying the Annual Tax on Property in the City of North Augusta, South Carolina for the Fiscal Year Beginning January 1, 2021, and Ending December 31,2021; Ordinance—Final Reading An ordinance has been prepared for Council's consideration on final reading to levy the annual tax on property in the City of North Augusta, South Carolina for the fiscal year beginning January 1, 2021, and ending December 31,2021. Please see ATTACHMENT#9 for a copy of the proposed ordinance. ITEM 10. PLANNING AND DEVELOPMENT: Ordinance No.2020-30—To Amend the Zoning Map of the City of North Augusta, South Carolina by Rezoning f0.45 Acres of Land Owned by Jeffrey S.Martin,Aiken County Tax Parcel#007-15-01-001,1132 Frances Street from R-10,Medium Lot,Single Family Residential,to GC General Commercial; Ordinance—Final Reading An ordinance has been prepared for Council's consideration on final reading to amend the zoning map of the City of North Augusta, South Carolina by rezoning t0.45 acres of land owned by Jeffrey S. Martin, Aiken County Tar Parcel #007-15-01-001, 1132 Frances Street from R-10, Medium Lot, Single Family Residential,to GC General Commercial. Please see ATTACHMENT#10 for a copy of the proposed ordinance. ITEM II. PLANNING AND DEVELOPMENT: Ordinance No.2020-31—To Amend the Zoning Map of the City of North Augusta,South Carolina by Rezoning t2.02 Acres of Land Owned by Hardy Land,LLC Aiken County Tax Parcel#005-19-06-005,from PD,Planned Development,to R-5,Mixed Residential; Ordinance—Final Reading An ordinance has been prepared for Council's consideration on final reading to amend the zoning map of the City of North Augusta, South Carolina by rezoning t2.02 acres of land owned by Hardy Land, LLC Aiken County Tax Parcel#005-19-06-005,from PD,Planned Development,to R-5, Mixed Residential. Please see ATTACHMENT#I I for a copy of the proposed resolution. ITEM 12. FINANCE: Ordinance No.2020-32—An Ordinance to Amend Section 15 Articles I and V Related to Business Licensing—Final Reading An ordinance has been prepared for Council's consideration on final reading to amend Section 15 Articles I and V Related to Business Licensing. Please see ATTACHMENT#12 for a copy of the proposed ordinance. ITEM 13. PARKS, RECREATION, AND TOURISM: Resolution No. 2020-52 —Naming the Amphitheater in Riverside Village as the Sharon Jones Amphitheater A resolution has been prepared for Council's consideration to name the amphitheater in Riverside Village as the Sharon Jones Amphitheater. Please see ATTACHMENT#13 for a copy of the proposed resolution. ITEM 14. PARKS, RECREATION, AND TOURISM: Resolution No. 2020-53 — Authorizing Funding for the Rehabilitation and Resurfacing of Portions of the Greeneway A resolution has been prepared for Council's consideration to authorize funding for the rehabilitation and resurfacing of portions of the Greeneway. Please see ATTACHMENT 414 for a copy of the proposed resolution. ITEM 15. PLANNING AND DEVELOPMENT: Resolution No. 2020-54—Accepting a Deed of Dedication for the Streets, Water Distribution System, Sanitary Sewer, and Associated Easements and Rights of Way,Along with a Maintenance Guarantee and Letter of Credit for Hammonds Ferry Phase A4 A resolution has been prepared for Council's consideration to accept a Deed of Dedication for the streets, water distribution system, sanitary sewer, and associated easements and rights of way, along with a Maintenance Guarantee and Letter of Credit for Hammonds Ferry Phase A4. Please see ATTACHMENT#15 for a copy of the proposed resolution and supporting documents. ITEM 16. PLANNING AND DEVELOPMENT: Planning Commission Recommendation Memorandum #20-030 and Project Staff Report: RZT20-003, Special Exceptions in Neighborhood Preservation Overlay;Receipt of Information by Council At the October 15, 2020, Planning Commission Meet,text amendment RZT20-003, Special Exceptions in the Neighborhood Preservation Overlay was presented for consideration.The Planning Commission voted unanimously to recommend approval of the text change with additional edits to § 3.8.6.2.1. Please see ATTACHMENT#16 for a copy of the staff report,attachments and text changes as revised,and a draft of the proposed ordinance. ITEM 17. ANNEXATION: Ordinance No. 2020-33 —To Change the Corporate Limits of the City of North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing t14.3 Acres of Property Located Along Edgefeld Road and Owned by Jo M. Pinner, Norman M. Pate,and Joseph H.Pate An ordinance has been prepared for Council's consideration to change the corporate limits of the City of North Augusta by accepting the petition requesting annexation by the landowners and annexing±14.3 acres of located along Edgefield Road and owned by Jo M. Pinner,Norman M. Pate, and Joseph H. Pate. Please see ATTACHMENT #17 for a copy of the proposed ordinance, supporting documents, Exhibit A, and Exhibit B. ATTACHMENT #7 ORDINANCE NO. 2020-18 AMENDING ARTICLE 13, SIGNS. 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 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 Planning Commission, following a June 18, 2020, public hearing, reviewed and considered a request by the Planning and Development Department to amend Article 13, entitled"Signs,"of the North Augusta Development Code to allow electronic readerboard signs for certain permitted non-residential uses in residential districts. The Planning Commission report has been provided to City Council for consideration. WHEREAS, 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 1T 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 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. Article 13, Signs, is amended to read: a. 13.8.3 Signage Allowed for Non-Residential Districts and Uses 1. Electronic Readerboards i. Shall be used only in the Office Commercial (OC), General Commercial(GC),Thoroughfare Commercial (TC), and Industrial (IND) districts and for any non-residential use allowed in a residential district. ii. Must have a dark or black background. iii. Shall not display any animation, scrolling, flashing,or the appearance of animation or other prohibited sequence of lighting. iv. Electronic Readerboards are prohibited in the Neighborhood Preservation Overlay. b. Table 13-2 Non-Residential Sign Area: All Signs Wall Signs Freestanding Signs Maximum TOTAL Maximum Maximum SF of all signs is 5F is the Maximum SF is the lesser of SF,If not the lesser of lesser of G or H otherwise B,or C,or D E or F specified A B C D E F G H 1 1 K E m a`i M 10 N@ n x H v E h Use or Zoning District• n ` n n ` `a ` d m y 'o t c A m 13. Electronic No Read erboards maximum c. Any other needed formatting will be edited to reflect new page numbers, titles or item numbering associated with the text changes outlined herein. I I 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 , 2020. First Reading Robert A. Pettit,Mayor Second Reading ATTEST: Sharon Lamar, City Clerk Department of Planning Norte And Development AALUJgUS h Memorandum # 20-017 South Corojjno's Riuerfronr To: Rachelle Moody, Interim City Administrator From: Libby Hodges, Director/' Subject: Text Change for Be Ye Holy Ministries, RZT20-001 Date: June 22, 2020 At the June 18, 2020, Planning Commission meeting, the Planning Commission reviewed application RZT20-001, a text change regarding electronic readerboard signs put forward by Be Ye Holy Ministries Attached you will find copy of the staff report and attachments for the text change.The Planning Commission did not recommend the changes. The request is being forwarded for consideration at the next available City Council meeting. Please contact me with any questions. Department of Planning North Augusta � and Development .Small t.r,mblio's fill (11flor,f Project Staff Report RZT20-001 Article 13:Signs, Text Amendment Prepared by: Kuleigh Baker Meeting Date:June 18, 2020 SECTION 1: PROJECT SUMMARY Project Name Article 13,Signs; Electronic Readerboards Applicant Be Ye Holy Ministries, Inc. Proposed Text Amendment A request by Be Ye Holy Ministries, Inc. to revise Article 13: Signs. The request is to allow Electronic Readerboards for certain non-residential uses within allowed within residential districts and to increase the allowed sign area. SECTION 2: GENERAL DESCRIPTION Be Ye Holy Ministries,Inc.has requested that the Planning Commission review proposed changes to North Augusta Development Code Article 13: Signs. The request is to allow Electronic Readerboards for certain allowed commercial or institutional uses within residential districts and to increase the percentage of allowed area for readerboards. 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 1 Project Staff Report RMO-001 Signs,Text Amendment Prepared by:Kulelgh Baker Meeting Date:June 18,2020 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) 5.3.3.2Text 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 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 Page 2 of 8 Praiect Staff Report RZT20-001 Signs,Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 19,2020 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 hound by the recommendation in making a final decision and may call for additional information and/or public hearing(s). 5.3.S.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 fora rezoning.The Planning Commission shall consider the factors specified in§5.3.3.2 in reviewing an application for a text amendment[see above). 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 provide additional standards for review or analysis. Page 3 of 8 Pmiect Staff Report RZT20-001 Signs,Text Amendment Prepared by"Kuleigh Baker Meeting Date.June 18,2020 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 and on the City's website www.northouausto.neton June 3, 2020. 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 completed a review of the sign regulations in North Augusta. In 2019, several revisions to the code were presented by Staff to simplify, clarify,allow for new types of signage, and allow for more diverse signage types in Downtown.These revisions were reviewed by a subcommittee consisting of volunteers from the Planning Commission. A "Sign Revision Preview" meeting was held on May 7, 2019, to review the changes and discuss these changes with the public. The Planning Commission recommended the text amendment for approval by the City Council at their regular meeting held June 20, 2019. City Council adopted Ordinance No. 2019-18 amending the North Augusta Development Code, Article 13:signs of the City of North Augusta,South Carolina Code of Ordinances on December 2, 2019. SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS Backeround Information Readerboards and electronic readerboards are defined as follows: Changeable Copy Sian: also known as a "readerboard," is any sign designated so that letters or numbers attached to the sign can be periodically changed to a different message. 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. Page 4of8 Proiect Staff Report RZT20-GOI Signs,Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 18,2020 Section 13.8.1.a states the following: "Signage shall not exceed the limits as defined herein. If a sign type is not listed in that district or use,that type of signage is not allowed in that district or use. Zoning district means the district as established in Article 3, Zoning Districts. Use is more precise than the zoning district. If there is a conflict between district and use, use shall prevail." This would indicate that use would over-ride zoning,however,the use of electronic readerboards are conditioned further within the code to limit Electronic Readerboards to use in only specific non-residential zoning districts. Section NADC 13.8.3,Signage Allowed for Non-Residential Districts and Uses I. Electronic Readerboards i. Shall be used only in the Office Commercial (OC), General Commercial (GC),Thoroughfare Commercial (TC), and Industrial(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. Electronic Readerboards are allowed in the D, OC, GC, TC and IND (NADC 13.8.3, Table 3-3 & NADC 13.8.4.p,except in areas covered by the Neighborhood Preservation Overlay).By specifying that electronic readerboards are useable only In certain zoning districts, this would prohibit electronic readerboard signs in R•14, R-10, R-7, R-5, NC, CR, R-MH, and TND districts. Electronic readerboard signs are also prohibited in the Neighborhood Preservation Overlay District.Signs in the PD or P districts may have conditional allowances for these types of signs.The following uses are Permitted,Conditional Uses,Special Exceptions, or Accessory uses in residential districts: Permitted Non-Residential Uses in Residential Districts • Tourist homes • Churches, synagogues, parish houses, Sunday school buildings, convents, including child care during worship services • Open space,park or active recreational uses operated on a non-commercial basis • Swimming pool • Cemeteries • Telephone exchange and repeater stations • Utility lines Page 5 of 8 Proiect Staff Report RZT20-001 Signs,Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 18,2020 Conditional Uses(Administrative Aooroval with public hearings) • Boarding House • Childcare • Private or non-profit clubs including country clubs, athletic clubs,lodges,fraternities, and swimming clubs on a non-commercial membership basis • Schools, academic, nursery and preschool, grade schools—elementary, middle, high school • Private boat docks, boat houses,or marinas • Agricultural uses (raising crops, horticulture, orchards, forests excluding raising livestock) • Dormitory • Non-exempt Group homes Special Exception(granted by the Board of Zoning Appeals) • Bed and breakfast • Cell/communication towers and antennae • Gas or electric generation distribution facilities Accessory Uses allowed in Residential Districts • Accessory buildings • Bus shelters • Home occupations • Community centers, meeting halls, community halls, reception halls,wedding halls Storage of construction equipment, outdoors, incidental to construction activities • Studios for artists, designers, musicians, photographers, sculptors (not as a home occupation) • Parking lots, parking structures,or underground parking areas The Code does not specify a square footage allowance for non-residential uses in residential districts, but allows the Director to choose the most closely applicable district and use those standards. Page 6 of 8 Protect Staff Report RZT20-001 Signs,Text Amendment Prepared by:Kuleigh Baker Meeting Date:June 18,2020 Text Amendment Request Be Ye Holy Ministries, Inc. has requested two text amendments to Article 13. The first is for Section 13.8.3.I.i., to allow for electronic readerboards on signs associated with allowed commercial or institutional uses in residential districts. The second amendment request is to change the text of Article 13, Section 13.8.3.1.ii.to allow electronic readerboards to cover 100% of the sign area in which it is a part. Text Amendment Recommendations Please note:Text that is underlined is added,text that IS^`•1:1&thFOUgh is to be deleted If accepted as submitted by the applicant, staff has recommends the following text changes Section 13.8.3: I. Electronic Readerboards 1. Shall be used only in the Office Commercial (OC), General Commercial (GC), Thoroughfare Commercial (TC), and Industrial (IND) districts and for any non- residential use allowed in a residential district. ii. (deleted) 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. Table 13-2, item 13 would be amended to read: TABLE 13-2 NON-RESIDENTIAL SIGN AREA CHART(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 GorH otherwise B.or C,or D E or F specified A CB C D E F G H 1 1 K -GJ do T_n .w N _C z J N Y N 6 Use or Zoning District• m q n x y ` d in u x m C a x y X m o m 13. Electronic Reader b oards — -- -- -- -- -- -- SOFA a"'`'gri area No maximum Page 7 of 8 Prolect Staff Report RZT20-001 Signs,Text Amendment Prepared by:Weigh Baker Meeting Date:June 18,2020 Staff recommends additional changes to include clarification of sign sizes allowed. 13.8.3 Signage Allowed for Non-Residential Districts and Uses a. Applicability: restrictions in this category apply to developments in any zoning district that are currently used for non-residential purposes. If ' FinA rz�esidpntial use is legally occulay ng a FesideRtially zened let the PiFeetei:shall deteF,..i.,a-the L sest PpliE. ble diStFiGtt aR e�r,ts. For non-residential uses permitted by right (not including conditional or special exception uses), the standards for Neighborhood Commercial (NC) signage shall be used. Section NADC 13.8.3, Signage Allowed for Non-Residential Districts and Uses I, Electronic Readerboards shall he ii4pd eAly iFi the 4i Commereial Mlf\ Ge al Ce w'al (Gf Shall be permitted only on properties where the primary use of the entire property is non-residential. (Note This would not include Tourist Homes or Home Occupations as the primary use remains residential.) 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. Table 13-2 would not be modified. SECTION 7: ATTACHMENTS 1. Public Notice 2. Applicant request for text changes 3. Staff recommended Revised Text of Article 13:Signs Page 8 of 8 Application for Development Approval North AUgUSta � Please type or print all information ,5o1❑ll Colotilla'.s Hitic•rfrcmt Staff use Application Number Date Received Review Fee Date Paid 1. Project Name Be Ye Holy Ministries, Inc. Project Address/Location 1117 Seymour Drive North Augusta S.C. 29841 Total Project Acreage 0.43 Current Zoning R-10 Tax Parcel Number(s) 007 08 10 001 2. Applicant(Owner Name Joe L. Newsome Applicant Phone 706-339-5590 Mailing Address 532 Marble Falls Drive City Grovetown ST GA Zip 30813 Email beyeholy@comcast.net 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. Engineer/Architect/Surveyor License No. Finn Name Finn Phone Firm Mailing Address city ST _ Zip Email Signature Date 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 Y I 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 completW to initiate the compliance review process. 7 1159e Z�� 3 June 2020 plicant or Designated Agent Signature Date Joe L. Newsome Print Applicant or Agent Name 12C:3 North�1- Designation of Agent AUgUSta tTY Please type er print all information Scanh Curoiincfs Rawrfrui;f This form is required if the property owner is not the applicant. Staff Use Only Application Number Date Received 1q 1. Project Nam Project Address/Location et- f t v tf Project Parcel Number(s) ` 2. Property Owner Name (1.�{I l� ST Y)I r51 Y t f-S Owner Phone Mailing Address ) � ��..11�..,,��1 _--_(f__- -- city r'+��( j _ ST Zip Email IU,k-Il 11i IL ,�('!tk )Li V# � v {,, �� I �� i 3. Designated Agent �;C 11.1-�_��(],,;_r� Relationship to Owner II ' N1-tI't LIciovr I �/ Firm Name LDaSa-t..t 0L1�i7'i1l(71//)(_\�/'fill tlh (Phone 4" Sq .clso Agent's Mailing Address �_Al ii 1n, r I '. j�? I ✓-l. / l J — -- city ' i i U ,Qi'�l'( ST � Zip c. L/ir - Email C-d0.S'�Y�7 i.�l(.fk0k- C 0)1,j !.(19 i�' ' I Agent's Signature�(' �Ld`it'!1'7.: Date Tll ' <) tip d. 1 hereby designate the above. amed person (Line 31 to serve as my agent and represent me in the refefenc application. '" ner Signature Date ` 5. Sworn and subscribed t before me on this�.day of � '''`� . 20_ .otary Public-- 1J`'A�i�tLfr r/i4 ommission Expiration Date 2 t\l "ire' 4tv��: tr2Ql3 BE YE HOLY MINISTRIES.INC. 1117 SEYMOUR DRIVE NORTH AUGUSTA,S.C.29841 To, Mrs. Libby Hodges Director of Planning and Development City of North Augusta 100 Georgia Avenue P.O Box 6400 North Augusta, SC 29841 Subject:Request approval to allow Be Ye Holy Ministries. Inc. to install an Electronic Readerboard at 1117 Seymour Drive, North Augusta, S.C" 1984 L Dear Mrs. Libby Hodges It has come to our attention that the City of North Augusta has prohibited or placed restrictions to permit the installation of our proposed Electronic Readerboard" Be Ye Holy Ministries, Inc._ is a(501) c 3,Non-Profit Organization that represents Christ to the community. As a ministry, we have been instructed to propagate the Word of God. (Luke 14:23) Tells us to "Go out into the highways and hedges, and compel them to come in,that my house may be filled". Be Ye Holy has been an active community member of North Augusta since December 2009. We provide public religious services to include worship, education, and counseling. We open our food pantry and clothes closet monthly. Also, we typically sponsor blood drives in conjunction with the Shepard blood center to enhance and contribute to the wellbeing of our community. Permitting Be Ye Holy to install the proposed electronic readerboard allows us to freely brand and reach the public 24 hours a day, which can be utilized to provide a comforting message, welcome guests,or inform people when the next service is taking place. While sharing all this information is essential, visibility is the key. The electronic readerboard allows us to exercise our faith. Article 13(1)(i)'(6) puts an unreasonable restriction on Be Ye Holy Ministries,hindering its ability to exercise religious activities in the community. We believe the current zoning code on Electronic Reader boards in residential districts is antiquated and represents the past,not the future. Putting up letters and taking down messages is what we did when we began in 1992. Our goal is to enhance the community through our complimentary landscape and spiritual fitness services. Be Ye Holy request a "Text Amendment' to Article 13, para 13.8.3(I)(i) to allow electronic readerboards on signs associated with allowed commercial or institutional uses in residential districts. Our electronic readerboard is 8 ft.high,with a sign area of 32 sq. ft. Page 1 of 2 Be YE HOLY MMIS1721fS,INC. 1117 SEYMOUR DRNE NORTH AUGUSTA,S.C.29841 fl. - w: Be Ye Holy request a"Text Amendment"to Article 13, para 13.8.3(1)(ii)to allow our electronic readerboard to cover I OOP 6 of the sign area in which it is a part. We request the City of North Augusta approve the installation of the proposed church sign at 1117 Seymour Drive,North Augusta,South Carolina 29841. We thank you in advance for your consideration and look forward to a continued community partnership. Respectfully Submitted. OE SOME Pastor Be Ye Holy Ministries,Inc. Phone: 706-339-5590 Email:beyeholya comcast.net Page 2 of 2 City of North Augusta, South Carolina Planning Commission PUBLIC 14EARING NOTICE The North Augusta Planning Commission will hold a public hearing at its regular monthly meeting beginning at 7.00 PM on Thursday, June 18, 2020, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following application: RZT20.001 —A request by Be l e Holy Holy Ministries for a Text Amendment to allow electronic readerboards in residential districts. The request affects Article 13, Signs of the North Augusta Development Code. Documents related to the applic tions will be available for public inspection after June 11 th in the Departme it of Planning and Development on the second floor of the North Augus a Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, 03-441-4221. Citizens and property owners interested in expressing a view on the request are encouraged to attend. CITIZEN ASSISTANCE: Individuals needing special as stance or a sign interpreter to participate in the meeting are asked to ple se notify the Department of Planning and Development at 803-441-4-2121 at least 48 hours prior to the meeting. COVID-19 Procedure Chang s: Please visit www.northaugusta net for updates on processes and pro dures related to city services and hearings. Powered by S9gnComrrland' signcommandcom YEARS W --�J'OF EXr6 luexxeuraamsge a nmeefinert.Wane '. Valks nnpUMx..s�exartsenaarn'rnmmuMyJfeaM r s< use Box ! L�f 3' 6" I �ariJk .� .ta-� ''t .c:�s-$i1f'+` rtui.'�r., .. /afe'!e�`•rt,+"^tr4*�1t�,`" U WH StewartSi IlS TekSt r Color 20mm 32x112 Approved 9 Cahine Size: 4'x8' ❑=sanow. uwun nalyes AN Ee SCO COMPANY 1/2•=T Sk 953299-1 Cost. 3110125 Slonatwe 4Y171202 CakFhlle� PROPOSAL Scale: 5/B Co o.(s) orr,a prtnt Gant Color Silver Gray Date ❑rah Colc vMte A'�E STAP.aRAIINGS ,�.-,.; IEnergy ❑IRECT U� LISTED r Verified FCC Im CW. .ryl lk s:WI µentlh] . 0_`v" :n eaan 1.1", io , ar, pa 1. 0 LED 25 Sqm ale d24ynee ki or 1om,nalM oaapma x•e art a C se W cl 0ti5 9@m'v rb:-WwNrorim ahr:q Cey4{i�l��ass aYev.l�in gaxxs ar vary�,y zp9x.�arce. a<tw'c�v xca �'asc--rY a'e rvl nulueec m u'a 9�Pasa�w[n Na x- et�erairwrn JrW�'s I1na5tnCmnrLS vlawn e e appO�rtNticru a noduct tlhwnLIX','matt vrY LM 1 s slmvn ue MRwaLlatl �eJGcdry vt,n-,rr,vow iy m.in r RROPOSED TEXT,R2T 20-01,NADC ART 13,05-2020 I. Electronic Readerboardsl i. Shall be used onl{ in the Office Commercial (OC), General Commercial (GC) Thoroughfare Commercial (TC), and Industrial (IND) districts and for any non-residential use allowed in a residential district. ii. (deleted) 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 onl in the Office Commercial (OC), General Commercial (GC) and Thoroughfare Commercial (TC) districts. ii. Must be part of larger wall or freestanding sign. iii. Shall not exceed 0%of the sign area of which it is a part. iv. Changeable Copal signs are prohibited in the Georgia Avenue and Neighborhood Prieservation Overlay. n. Maximum Total Square Footage of All Signage on a Non-Residential Parcel or lot i. Zoning Districts a. Neighbor ood Commercial (NC): i. M ximum Square Footage: 200 sq ft. or 4% of gr and floor area, or 3 sq ft per linear foot of street fr ntage,whichever is least. b. Office Co mercial (OC): i. M ximum Square Footage: 300 sq ft. or 6% of g and floor area, or 3 sq ft per linear foot of street fr ntage,whichever is least. c. General 1ximum mmercial (GC) and Thoroughfare Commercial (TC): i. Square Footage: 300 sq ft. or 10% of grJound floor area, or 3 sq ft per linear foot of street fr ntage, whichever is least. d. Industria (IND) Districts i. ximum Square Footage: 300 sq. ft. or 2% of g and floor area,or 3 sq.ft.per linear foot of street fr ntage,whichever is less. North Augusta Development Code.Article 13: igns(adopted 12-2-2019) 13.24 PROPOSED TEXT,RZT 20-01,NADC ART 13,DO-2020 TABLE 13-2 NON-RESIDENTIAL IGN AREA CHART (USE OR ZONE) All Signs Wall Signs Freestanding Signs Ma imum TOTAL Maximum SF Maximum SF fall signs is is the lesser Maximum SF is the lesser of SF,if not t e lesser of of G or H otherwise or C.or D E or F specified A B C D E F G H I 1 K o c _ - c 10 w i++ E Use of Zoning District- E t9 o c LL E = 3 E Q m °p c a E C LL a. Ci O 5 at H 6 G at LL vl w LL 2 1. Construction Signage -- -- -- — — -- -- — -- 32 Z. emporary Signs -- -- -- -- — — -- — 16 3. emporary Signs,NC District -- -- — -- — — -- — — 6 4. vacant Lots over 5 acres — — — 32 S. Vacant Lots less than 5 acres -- -- — -- -- -- -- -- -• 16 6. Identification -- - -- -- — '- 2 7. ccessory Signs — - — — -- -- -' 4 B. Window Signs - -- -- -- -- — -- -- -- 50%of window area 9. Subdivision/Project - -_ -- — 32 __ 5 Identification Signs 10.IShopping Centers 11,00011 5 1 1,000 10 150 1 0.50 25 5/10 16 11.IMenu Boards — -- — — — — 32 12. Canopy Signs — — — — — _- 50%of canopy 33. Electronic Readerboards -- •- — -- -- •• -- -- No Maximum. 14. Changeable Message Signs - -- -- — -- — -- — 30%of sign area 15. Neighborhood Commercial 200 4 3 160 10 60 0.25 10 5/10 6 INC) 16. Office Commercial(OC) 300 6 3 q300100- 0.50 12 5/10 16 17. General Commercial(GC) 300 10 3 0 0.50 20 5/10 16 18. horoughfare Commercial 300 10 3 0 1 25 5/10 16 (TC)19. Highway Corridor Overlay 300 10 6 00 0.50 25 5/10 16 (HC) 20. Neighborhood Preservation 200 6 3 160 -- 60 0.50 10 5/5 6 Overlay(NP) 21. eorgia Avenue Overlay(GA) 100 10 6 S00 7 20 0,25 8 0/0 22. Industrial IN 300 2 3 -- -- 150 0.50 20 5/101 16 North Augusta Development Code:Article 13: igns(adopted 12-2-2019) 13-27 ATTACHMENT #8 ORDINANCE NO. 2020-28 ADOPTCN A BUDGET FOR FISCAL YEAR 2021 CONTAINING E TIMAT S OF PROPOSED REVENUES AND EXPENDi CURES BY THE CITY NORTH AUGUSTA SOUTH CAROLINA FOR THE BUD ET YEAR BEGINNING JANUARY 1 2021 AND DECLARING T AT SAME SHALL CONSTITUTE THE BUDGET OF THE CITY OF 1, DRTH AUGUSTA FOR SUCH BUDGET YEAR WHEREAS, in acco dance with the Laws of South Carolina,and the Ordinance of the City of North Augusta,the City AdTr inistrator must prepare and submit to the City Council a Balanced Budget for the next budget year to bt gin on January 1, 2021, and end on December 31,2021;and WHEREAS, a publim hearing has been held on said budget, as required by law. NOW, THEREFOR BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGU TA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THE EOF,THAT: Section 1. The City Co ncil hereby adopts the 2021 Fiscal Year Budget, incorporated by reference as hough it were set out herein in its entirety, for the conduct of the business of he municipal government of North Augusta for the budget year, January 1,2 21,to December 31,2021. Section 11. The transfer f budgeted amounts between functional areas of expenditures or expenses shi II be approved by City Council; however, transfers of budgeted line items wi hin the functional areas of expenditures or expenses not to exceed $5,000, may be approved by the City Administrator as long as total expenditures or expenses do not exceed appropriations in the functional area. Managemen can also over expend appropriations, with the City Administrator's approval, at the line item and department level, as long as the total expend tures or expenses do not exceed appropriations of the functional area. Functi nal areas are: General Government;Public Safety;Public Works; Parks, Recr tion, and Tourism; Sanitation Services; Stormwater Utility; and Water and astewater. Section Ill. The Mayor r City Administrator may authorize the expenditure of an amount not to excee $500 at any one time from the Council Contingencies Account without prio approval of the City Council provided that any such expenditure is reported i the minutes of the next Council meeting. Section IV. The City Co ncil must approve expenditures from the following funds: Sales Tax 1, Sale Tax 11, Sales Tax III, Sales Tax IV, Street Improvements, Transportati n Improvement, Capital Projects, RiverfronUCentral Core Developmen , Depreciation, Contingent, Construction, Tax Increment Financing, nd the North Augusta Public Facilities Corporation unless otherwise pr viously budgeted. Section V. The City Administrator may execute all necessary documents relating to the lease purcha a financing of equipment specifically authorized and identified in the 2021 Bu get. The financial institution selected for 2021 lease purchase financing sh ill be selected based upon competitive bidding in conformance with the Ciq s purchasing procedures. Section VI. All Ordina es or parts of Ordinances in conflict herewith are,to the extent of such confli ,hereby repeated. Section V11. This Ordin nce shall become effective immediately upon its adoption on second read ne. DONE, RATIFIED kND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA SOUTH CAROLINA,ON THIS_DAY OF 2020. First Reading Robert A. Pettit, Mayor Second Readin ATTEST: Sharon Lamar, City Clerk ATTACHMENT #9 RDINANCE NO. 2020-29 LEVYING THE ANNUAL TAX ON PROPERTY IN THE CITY O NORTH AUGUSTA SOUTH CAROLINA FOR THE FISC L YEAR BEGINNING JANUARY 1, 2021, ANDI ENDING DECEMBER 31 2021 BE IT ORDAINE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOU CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THERE F,THAT: Section L The annua tax for the fiscal year (budget year) 2021,beginning Januai 1, 2021, a d ending December 31, 2021, is hereby imposed and levied for general corporate purposes upon all the taxable property of the City of North gusta. Section 11. The period for which the tax levy is due on all taxable property, except for motori ed vehicles, shall be from January 1, 2020, to December 31, 2020. Section III. The period for which the tax levy is due for all motorized vehicles which are require to be licensed by Section 53-3-110, Code of Laws of South Carolina, s all be from January 1, 2021, to December 31, 2021. Section IV. The tax le imposed upon all taxable property shall be 72.00 mitts to the Genera Fund and 1.5 mills to the Capital Projects Fund for a total tax levy of 3.5 mills. Section V. All Ordin ces or parts of Ordinances in conflict herewith are, to the extent of s ch conflict, hereby repealed. Section VI. This Ordin nee shall become effective January 1, 2021. DONE, RATIFI AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF N RTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 20 0. First Reading Robert A. Pettit, Mayor Second Reading ATTEST: Sharon Lamar, City Clerk ATTACHMENT #10 ORDINANCE NO. 2020-30 TO AMEND THE ZON G MAP OF THE CITY OF NORTH AUGUSTA. SOUTH CAROLD A BY REZONING t .45 ACRES OF LAND OWNED BY JEFFREN S. MARTIN AIKEN COUNTY TAX PARCEL #007-16-01-001 1132 FRAACES STREET FROM R-10, MEDIUM LOT, SINGLE FAMILY RESIDENTIAL.TO GC. GENERAL COMMERCIAL WHEREAS, on D ember 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, pursu t to Section 5.3, North Augusta Development Code, the North Augusta Planning Comm' sion may recommend amendments to the Zoning Map, provided such amendments are co intent with the City's North Augusta 2017 Comprehensive Plan; and WHEREAS,the N rth Augusta Planning Commission,following an August 20, 2020 public hearing, reviewed a d considered a request by WTC of Martintown, LLC, to amend the Official Zoning Map of or cons from Medium Lot, Single-Family Residential (R-10) to General Commercial ( Q. The staff report and results of this hearing have been provided to City Council. NOW THEREFO BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY AUTHORITY THEREOF, THAT: I. A parcel consisting of t.45 acres owned by Jeffrey S.Martin, is hereby rezoned from R-10, Medi m Lot, and Single-Family Residential to GC, General Commercial. Said roperty is Aiken County tax map parcel # 007-16-01-001 located at 1132 F ances Street and specifically identified on Exhibit "A" attached hereto. II. The Official Zonin Map for the City of North Augusta is hereby amended to reflect this rezonin . III. All ordinances or p its of Ordinances in conflict herewith are, to the extent of such conflict, here repealed. IV. This Ordinance sha 1 become effective immediately upon its adoption on second and final reading. DONE, RATIFIE AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NO TH AUGUSTA,SOUTH CAROLINA, ON THIS DAY OF 20. First Reading Robert A. Pettit, Mayor Second Reading ATTEST: Sharon Lamar, City Clerk XHIBITA /> Y i Subject Parcel \`\ / R-10 Approximately .45 acres Pj / to be rezoned ✓ `� � � � A GC, General a i; R-7 i fy A� ro n n0 35 0 90Feel .North Appli tion RZM20 003 August�,� Tax Parcel umber 007-16-01-001 " ';", <,,r,:. ,M,,.,",„ 11 2 Frances St ri E Date. 912112020 A request to rezone approximately .45 acres from R-10, Medium Lot, Single-Family Residneital to GC, I eneral Commercial ATTACHMENT #11 ORDINANCE NO. 2020-31 TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA SOUTH CAROLIN BY REZONING t 2.02 ACRES OF LAND OWNED BY HARDY LAND LC AIKEN COUNTY TAX PARCEL 4005-19-06-005. FROM PD PLANNED DILVELOPMENT.TO R-5 MIXED RESIDENTIAL WHEREAS, on De ember 17, 2007,by Ordinance 2007-22,the North Augusta City Council adopted the North Au usta Development Code and a citywide Zoning Map which is consistent with the City's North ugusta 2017 Comprehensive Plan; and WHEREAS, pursu t to Section 5.3, North Augusta Development Code, the North Augusta Planning Commission may recommend amendments to the Zoning Map, provided such amendments are consistent with the City's North Augusta 2017 Comprehensive Plan; and WHEREAS,the No h Augusta Planning Commission,following an August 20, 2020,public hearing,reviewed and considered a request by Glynn Bruker,to amend the Official Zoning Map of North Augusta from Planned Development (PD) to Mixed Residential (R-5) The staff report and results of this earing have been provided to City Council. NOW THEREFO , BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF N RTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY T AUTHORITY THEREOF,THAT: I. A parcel consistin of t2.02 acres owned by Hardy Land, LLC, is hereby rezoned from PD, tanned Development to R-5, Mixed Residential. Said property is Aiken ounty tax map parcel # 005-19-06-005 and specifically identified on Exhibi "A" attached hereto. II. The Official Zonin Map for the City of North Augusta is hereby amended to reflect this rezoning III. All ordinances or p s of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. IV. This Ordinance shal become effective immediately upon its adoption on second and final reading. DONE, RATIFIE AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NO TH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12 20. First Reading Robert A. Pettit, Mayor Second Reading ATTEST: Sharon Lamar, City Clerk EXHIBITA / CR i - / I Subject Parcel TPN 005-19-06-005 e Approximately 1.91 acres to be rezoned R-5, Mixed_Residential R-10 Outside City Limits HE�dtOCK PTD i R . Z R-1q _ CLINT Outside City Limits z l Application RZM20-004 North � �/ Tax Parcel Number 005-19-06-005 �= AUkiSta `r A request to rezone approx 1 .91 acres from PD, Planned Development to R-5, Mixed Residential Date: 9/2112020 ATTACHMENT #12 O INANCE NO. 2020-32 AN ORDINANCE TO kMEND SECTION 15 ARTICLES I AND V RELATE TO BUSINESS LICENSING WHEREAS, Chap er 15, Article I of the City of North Augusta Code of Ordinances provides for matters r lated to obtaining a business license with the City of North Augusta; and, WHEREAS, this icle was codified in 2008 with no revisions since then; and, WHEREAS, the M nicipal Association of South Carolina developed a "model business license ordinance" that ' in compliance with state and federal law and other best practices of business licensing; an , WHEREAS,the" del business license ordinance"provides standardization of business licensing among municip lities across South Carolina; and, WHEREAS, Mayo and City Council believe that it is appropriate for the City of North Augusta to revise this Ordinance concerning business licensing in conformity with the "model business license ordinan e" as put forth by the Municipal Association of South Carolina; and, WHEREAS, Mayo and City Council believe the deletion of the current Article I in its entirety and replacement ofsame with a revised version is appropriate. WHEREAS, Mayor and City Council also believe the deletion of the current Article V in its entirety is appropriate as it is now included in the revised Article 1. NOW, THEREFO , 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. Section 15, Arti le 1, entitled BUSINESS LICENSES and Section 15, Article V, entitled RETAIL TELECOMMUNICATIONS SERVICES are hereby amended by deleting the entire sections as they are currently drawn and inserting in i place the following,so that such Ordinance,when revised, would read as fo ows: See. 1. License Required. Every person engaged or in ending to engage in any calling, business, occupation or profession, in whole or in part, wit in the limits of the City of North Augusta, South Carolina, is required to pay an annual licens tax for the privilege of doing business and obtain a business license as herein provided 1 See.2. Definitions. The following words, term and phrases, when used in this ordinance, shall have the meaning ascribed herein: "Business"means a calling, occup lion,profession, or activity engaged in with the object of gain, benefit or advantage, either 'rectly or indirectly. "Charitable Organization"means an organization that is determined by the Internal Revenue Service to be exempt from Federal'income taxes under 26 U.S.C. section 501 (c) (3), (4), (6), (7), (8), (10) or(19). "Charitable Purpose"means a be volent, philanthropic, patriotic, or eleemosynary purpose which does not result in personal in to a sponsor, organizer, officer,director, trustee or person with ultimate control of the organization. "Classification" means that divisi of businesses by major groups subject to the same license rate as determined by a calculated ndex of ability to pay based on national averages, benefits, equalization of tax burden, relatio hips of services, or other basis deemed appropriate by the Council. "Gross Income" means the gross r ceipts or gross revenue of a business, received or accrued, for one calendar or fiscal year toll cted or to be collected from business done within the Municipality, excepting therefrom ncome earned outside of the Municipality on which a license tax is paid by the business some other municipality or a county and fully reported to the Municipality. Gross income fo agents means gross commissions received or retained, unless otherwise specified. Gross i come for insurance companies means gross premiums written. Gross income for business license tax purposes shall not include taxes collected for a governmental entity,escrow funds or funds which are the property of a third party. The value of bartered goods or trade-in merchandise shall be included in gross income. The gross receipts or gross revenues for business license purposes may be verified by inspection of returns and reports filed with the I ernal Revenue Service,the South Carolina Department of Revenue, the South Carolina Dep ment of Insurance, or other government agencies. "License O)ficiar'means a person esignated to administer this ordinance. "Licensee"means the business, the person applying for the license on behalf of the business, an agent or legal representative of a business, a person who receives any part of the net profit of the business, or a person ho owns or exercises control of the business. "Municipality" means the City of orth Augusta, South Carolina. "Person"means any individual, firm. partnership, LLP, LLC, cooperative non-profit membership, corporation,joint venture, association, estate,trust, business trust, receiver, syndicate, holding company, or oth r group or combination acting as a unit, in the singular or 2 plural, and the agent or employe having charge or control of a business in the absence of the principal. Sec.3. Purpose and Duration. The business license levi d by this ordinance is for the purpose of providing such regulation as may be required fo the business subject thereto and for the purpose of raising revenue for the general fund thr gh a privilege tax. Each yearly license shall be issued for the twelve-month period of May 1 to April 30. The provisions of this ordinance and the rates herein shall remain in effect fro year to year as amended by the Council. Sec. 4. License Tax. A. The required license t x shall be paid for each business subject hereto according to the applicable rate classification n or before the due date of the 30th day of April in each year, except for those businesses in Rate Class 8 for which a different due date is specified. B. A separate license sh I be required for each place of business and for each classification or business conduc ed at one place. If gross income cannot be separated for classifications at one location,th license tax shall be computed on the combined gross income for the classification req 'ring the highest rate. A license tax based on gross income shall be computed on the gross i ome for the preceding calendar or fiscal year, and on a twelve-month projected income ased on the monthly average for a business in operation for less than one year. The tax for a ,ew business shall be computed on the estimated probable gross income stated in the license application for the balance of the license year. The initial tax for an annexed business shall be prorated for the number of months remaining in the license year. No refund shall be made for a business that is discontinued. Sec. S. Registration Required. A. The owner, agent or 1 al representative of every business subject to this ordinance, whether listed in the c ssification index or not, shall register the business and make application for a business li ense on or before the due date of each year;provided, a new business shall be required to ave a business license prior to operation within the Municipality, and an annexed bu ness shall be required to have a business license within thirty(30) days of the annexation A license for a bar(NAICS 722410) must be issued in the name of the individual who has b en issued a State alcohol, beer or wine permit or license and will have actual control and man ement of the business. B. Application shall be o a form provided by the License Official which shall contain the Social Security Numb r and/or the Federal Employer's Identification Number, the business name as reported on the outh Carolina income tax return, and all information about the applicant and the Licensee and the business deemed appropriate to carry out the purpose of this ordinance by the License qfficial. Applicants may be required to submit copies of portions of state and federal inco a tax returns reflecting gross receipts and gross revenue figures. 3 C. The applicant shall cc ify under oath that the information given in the application is true,that the gross income is a curately reported, or estimated for a new business,without any unauthorized deductions, and that all assessments,personal property taxes on business property and other monies due an payable to the Municipality have been paid. Sec. 6. Deductions Exemptions and Charitable Organizations. A. No deductions from g ss income shall be made except income earned outside of the Municipality on which a licen a tax is paid by the business to some other municipality or a county and fully reported to the Municipality, taxes collected for a governmental entity, or income which cannot be included for computation of the tax pursuant to State or Federal law. The applicant shall have the burd n to establish the right to exempt income by satisfactory records and proof. B. No person shall be exe pt from the requirements of the ordinance by reason of the lack of an established place of b iness within the Municipality, unless exempted by State or Federal law. The License Official hall determine the appropriate classification for each business in accordance with the 1 est issue of the North American Industry Classification System (NAICS) for the United S ates published by the Office of Management and Budget. No person shall be exempt from t is ordinance by reason of the payment of any other tax, unless exempted by State law,anc no person shall be relieved of liability for payment of any other tax or fee by reason of appli ation of this ordinance. C. A Charitable Organization shall be exempt from the business license tax on its gross income unless it is deemed business subject to a business license tax on all or part of its gross income as provided in th' section. A Charitable Organization,or any for-profit affiliate of a Charitable Organizat on,that reports income from for-profit activities, or unrelated business income, for Fe eras income tax purposes to the Internal Revenue Service shall be deemed a business subjec to a business license tax on the part of its gross income from such for-profit activities or u elated business income. A Charitable Organization shall be deemed a business subject to a business license tax on its total gross income if(1) any net proceeds of operation, after necessary expenses of operation, inure to the benefit of any individual or any entity that is not itself a Charitable Organization as defined in this ordinance, or (2) any net proceeds of operation, after necessary expenses of operation, are used for a purpose other than a Charitable Purpose as defined in this ordinance. Excess benefits or compensation in any form beyond fair market value to a sponsor, organizer, officer, director, trustee or person with ultimate control of the organization shall not be deemed a necessary expens of operation. See. 7. False Application Unlaw 1. It shall be unlawful for an person subject to the provisions of this ordinance to make a false application for a business 1' ense, or to give or file, or direct the giving or filing of, any false information with respect to a license or tax required by this ordinance. 4 Sec. 8. Display and Transfer. A. All persons shall disp ay the license issued to them on the original form provided by the License Official in a cons icuous place in the business establishment at the address shown on the license. A transien or non-resident shall carry the license upon his person or in a vehicle used in the business readily available for inspection by any authorized agent of the Municipality. B. A change of address ust be reported to the License Official within ten (10) days after removal of the business to a new location and the license will be valid at the new address upon written notification by the icense Official and compliance with zoning and building codes.Failure to obtain the appr al of the License Official for a change of address shall invalidate the license and subject he licensee to prosecution for doing business without a license. A business license shall of be transferable and a transfer of controlling interest shall be considered a termination of th old business and the establishment of a new business requiring a new business license, ased on old business income. Sec. 9. Administration of Articl . The License Official shall administer the provisions of this article, collect license taxes, issue licenses,make or initiate investigations and audits to insure compliance, initiate denial or suspension and revocation procedures, report violations to the municipal attorney, assist in prosecution of violators, 'Prod forms, make reasonable regulations relating to the administration of this ordinance, d perform such other duties as may be duly assigned. Sec. 10. Inspection and A dits. A. For the purpose of enf rcing the provisions of this ordinance, the License Official or other authorized agent of the nicipality is empowered to enter upon the premises of any person subject to this ordinance t make inspections, examine and audit books and records. It shall be unlawful for any such per on to fail or refuse to make available the necessary books and records. In the event an audit or inspection reveals that the licensee has filed false information, the costs of the audit shall be added to the correct license tax and late penalties in addition to other penalties provided herein. Each day of failure to pay the proper amount of license tax shall constitute a separ to offense. B. The License Official s all have the authority to make inspections and conduct audits of businesses within the M icipality to insure compliance with the ordinance. Financial information obtained by inspections and audits shall not be deemed public records, and the License Official shall not elease the amount of license taxes paid or the reported gross income of any person by name without written permission of the licensee, except as authorized by this ordinance, State or Federal law, or proper judicial order. Statistics compiled by classifications are public records. See. 11. Assessments Payniient under Protest,Appeal. 5 A. If a person fails to obt in a business license or to furnish the information required by this ordinance or the License fficial, the License Official shall examine such records of the business or any other availabl records as may be appropriate, and conduct such investigations and statistical sury ys as the License Official may deem appropriate to assess a license tax and penalties as provi ed herein. B. A notice of assessmen shall be served by certified mail or personal service. An application for adjustment of the sessment may be made to the License Official within five (5)days after the notice is mailed r personally served or the assessment will become final. The License Official shall establi a uniform procedure for hearing an application for adjustment of assessment and iss ng a notice of final assessment. C. A final assessment ma be appealed to the Council only by payment in full of the assessment under protest within fi e(5)days and the filing of written notice of appeal within ten(10) days after payment pursu t to the provisions of this ordinance relating to appeals to Council. See. 12. Delinquent Licen a Taxes Partial Pavment. A. For non-payment of al or any part of the correct license tax,the License Official shall levy and collect a late penalt of five (5°/n)percent of the unpaid tax for each month or portion thereof after the due date til paid. Penalties shall not be waived. If any license tax remains unpaid for sixty (60) day after its due date, the License Official shall report it to the municipal attorney for appropriat legal action. B. Partial payment may b accepted by the License Official to toll imposition of penalties on the portion paid;pro 'ded, however, no business license shall be issued or renewed until the full amount of t e tax due,with penalties, has been paid. Sec. 13. Notices. The License Official may, ut shall not be required to, mail written notices that license taxes are due. If notices are not in iled,there shall be published a notice of the due date in a newspaper of general circulation ithin the municipality three(3)times prior to the due date in each year. Failure to receive no 'cc shall not constitute a defense to prosecution for failure to pay the tax due or grounds for aiver of penalties. Sec. 14. Denial of License. The License Official shall eny a license to an applicant when the License Official determines: A. The application is inco plete, contains a misrepresentation, false or misleading statement,evasion or suppression f a material fact; or B. The activity for which license is sought is unlawful or constitutes a public nuisance per se or per accidens; or 6 C. The applicant, Licens or prior Licensee or the person in control of the business has been convicted, within the pr vious ten years, of an offense under a law or ordinance regulating business, a crime invol ing dishonest conduct or moral turpitude related to a business or a subject of a busines , or an unlawful sale of merchandise or prohibited goods; or D. The applicant, Licens or prior Licensee or the person in control of the business has engaged in an unlawful activi or nuisance related to the business or to a similar business in the Municipality or in another j risdiction; or E. The applicant,License or prior Licensee or the person in control of the business is delinquent in the payment to the unicipality of any tax or fee;or F. The license for the bus ess or for a similar business of the Licensee in the Municipality or another jurisdicti n has been denied, suspended or revoked in the previous license year. A decision of the License Official shall be subject to appeal to Council as herein provided. Denial shall be written with reasons stated. Sec. 15. Suspension or Relocation of License. When the License Official determ nes: A. A license has been mis akenly or improperly issued or issued contrary to law;or B. A Licensee has breach d any condition upon which the license was issued or has failed to comply with the provisio s of this ordinance; or C. A Licensee has obtain a license through a fraud, misrepresentation,a false or misleading statement, evasion or ppression of a material fact in the license application; or D. A Licensee has been c nvicted,within the previous ten years,of an offense under a law or ordinance regulating busi ess, a crime involving dishonest conduct or moral turpitude related to a business or subject of a business,or an unlawful sale of merchandise or prohibited goods; or E. A Licensee has engage in an unlawful activity or nuisance related to the business; or F. A Licensee is delinquen in the payment to the Municipality of any tax or fee, the License Official shall give wri en notice to the Licensee or the person in control of the business within the Municipality personal service or certified mail that the license is suspended pending a hearing befo a Council for the purpose of determining whether the license should be revoked. 7 The notice shall state the time and place at which the hearing is to be held, which shall be at a regular or special Council meeting within thirty(30) days from the date of service of the notice, unless continued by agreement. he notice shall contain a brief statement of the reasons for suspension and proposed revocat on and a copy of the applicable provisions of this ordinance. Sec. 16. A eats to Coun il. A. Any person aggrieved by a decision,final assessment, proposed revocation, suspension, or a denial of a busin�ss license by the License Official may appeal the decision to the Council by written request tating the reasons therefore, filed with the License Official within ten (10) days after service y mail or personal service of the notice of decision, final assessment,proposed revocation, suspension or denial. B. An appeal or a hearin on proposed revocation shall be held by the Council within thirty (30) days after receipt of a quest for appeal or service of notice of suspension at a regular or special meeting of whi h the applicant or licensee has been given written notice, unless continued by agreement. the hearing, all parties shall have the right to be represented by counsel,to presen testimony and evidence and to cross-examine witnesses. The proceedings shall be record and transcribed at the expense of the party so requesting. The rules of evidence and proced a prescribed by Council shall govern the hearing. Council shall by majority vote of member present render a written decision based on findings of fact and application of the standards It rein which shall be served upon all parties or their representatives and shall be the fi al decision of the Municipality. See. 17. Consent franchis or license required for use of streets. A. It shall be unlawful fo any person to construct, install, maintain or operate in, on, above or under any street or publi place under control of the municipality any line,pipe, cable, pole,structure or facility fo utilities, communications, cablevision or other purposes without a consent agreement or franchise agreement issued by the Council by ordinance that prescribes the term, fees and conditions for use. B. The annual fee for use f streets or public places authorized by a consent agreement or franchise agreement hall be set by the ordinance approving the agreement and shall be consistent with limits set y State law. Existing franchise agreements shall continue in effect until expiration dates in t e agreements. Franchise and consent fees shall not be in lieu of or be credited against busi ss license taxes unless specifically provided by the franchise or consent agreement. See. 18. Confidentiality. Except in accordance with roper judicial order or as otherwise provided bylaw, it shall be unlawful for any official employee to divulge or make known in any manner the amount of income or any particul s set forth or disclosed in any report or return required 8 under this ordinance.Nothing in his section shall be construed to prohibit the publication of statistics so classified as to preve t the identification of particular reports or returns. Any license data may be shared with other public officials or employees in the performance of their duties, whether or not those duties relate to enforcement of the license ordinance. Sec. 19. Violations. Any person violating any rovision of this ordinance shall be deemed guilty of an offense and shall be subject to a ne of up to$500.00 or imprisonment for not more than thirty(30)days or both, upon con fiction. Each day of violation shall be considered a separate offense. Punishment for violation shall not relieve the offender of liability for delinquent taxes, penalties and costs providei for herein. Sec. 20. Severability. A determination that any I ortion of this ordinance is invalid or unenforceable shall not affect the remaining portions. Sec. 21. Classification and Rates. A. The classifications of usinesses included in each rate class are listed with United States North American Industry C assification System(NAICS)codes, by sector,sub-sector, group or industry. The Business icense Class Schedule (Appendix B) is a tool for classification and not a limitation n businesses subject to a license tax. The business classification,pursuant to the mos recent version of the Business License Class Schedule adopted by the council,most spec fically identifying the subject business, shall be applied to the business. The License Official shall have the authority to make the determination of the business classification most speci tally applicable to a subject business... B. The license tax for each class f businesses subject to this ordinance shall be computed in accordance with the current Busin ss License Rate Schedule, designated as Appendix A to this ordinance, which may be ame ded from time to time by the Council. A copy of the Class Schedule and Rate Schedule shall be filed in the office of the municipal clerk. 9 APPENDIX A RATESCHEDULE INCOME: SO - $2,000 INCOME OVER$2,000 RATE CLASS BASE RATE Rate per Thousand or fraction thereof 1 $25.00 $ 1.10 2 $ 30.00 $ 1.25 3 $ 35.00 $ 1.40 4 $ 40.00 $ 1.55 5 $ 45.00 $ 1.70 6 $ 50.00 $ 1.85 7 $ 55.00 $ 2.00 8.1 $ 25.00 $ 1.10 8.2 $ set by St to statute 8.3 MASC Tel communications 8.41 $200.00 $ 1.60 8.42 $ 50.00 $ 1.60 8.5 $25.00 $ 1.10 8.61 $ 100.00 $ 1.60 8.62 $ 50.00 $ 1.60 8.7 MASC Ins rance 8.81 $12.50+$ 2.50 per machine 8.82 $ 25.00 $ 1.60 8.83 $12.50+ $ 2.50 per machine 8.91 $ 100.00 $ 5.10 8.92 $ 100.00 $ 2.10 8.93 $ 50.00 $ 1.25 8.10 $ 50.00+$ .00 per table $ 1.30 ON-RESIDENT RATES Unless otherwise specifically pro ided, all taxes and rates shall be doubled for nonresidents and itinerants having no fixed pri cipal place of business within the municipality. 10 CLASS 8RATES Each NAICS Number designates a separate sub-classification. The businesses in this section are treated as separate and individual subclasses due to provisions of State law, regulatory requirements, service burdens, tax equalization considerations, etc.,which are deemed to be sufficient to require individually determined rates.Non-resident rates do not apply except where indicated. 8.1 NAICS 230000 - Contractors, Construction,All Types [Non-resident rates apply] Having permanent place of business within the municipality Minimumon first$2,000.....................................................................................$25.00 PLUS Each additional 1,0 0......................................................................$1.10 A trailer at the construction site oi structure in which the contractor temporarily resides is not a permanent place of business under this ordinance. The total tax for the full amount of the contract shall he paid prior to commencement of work and shall entitle contractor to complete the job without regard to the normal license expiration date. An amended report shall be filed for each new job and the appropriate additional license fee per$1,000 of the contract amount shall be paid prior to commencement of new work. Only one base tax shall be paid in license year. No contractor shall be issued a I iness license until all state and municipal qualification examination and trade license requirements have been met. Each contractor shalt post a sign in plain view on eachjob identifying the contractor with the job. Sub-contractors shall be licensed on the same basis as general or prime contractors for the same job.No deductions shall be made by a general or prime contractor for value of work performed by a sub-contractor. No contractor shall be issued a business license until all performance and indemnity bonds required by the Building Code have been filed and approved. Zoning permits must be obtained when required by the Zoning Ordinance. Each prime contractor shall file with the License Official a list of sub-contractors furnishing labor or materials for each project. 8.2 NAICS 482 - Railroad Companies—(See S.C. Code § 12-23-210) 8.3 NAICS 517311,517312 -Telephone Companies: A. Notwithstanding any other provisions of the Business License Ordinance,the business license tax for "retail telecommunications services",as defined in S. C. Code Section 58-9- 2200, shall be at the maximum rate authorized by S. C. Code Section 58-9-2220,as it now provides or as provided by amendment. The business license tax year shall begin on January 1 of each year. Declining rates shall not apply. It B. In conformity with S.C. Code Section 58-9-2220, the business license tax for "retail telecommunications services" shall apply to the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality. For a business in operation for less than one year, the amount of business license tax shall be computed on a twelve-month projected income. C. The business license tax for"retail telecommunications services" shall be due on January I of each year and payable by January 31 of that year,without penalty. D. The delinquent penalty shall be five percent(5 %) of the tax due for each month, or portion thereof, after the due date until paid. E. Exemptions in the business license ordinance for income from business in interstate commerce are hereby repealed. Properly apportioned gross income from interstate commerce shall be included in the gross income for every business subject to a business license tax. F. Nothing in this Ordinance shall be interpreted to interfere with continuing obligations of any franchise agreement or contractual agreement in the event that the franchise or contractual agreement should expire after December 31,2003. G. All fees collected under such a franchise or contractual agreement expiring after December 31, 2003, shall be in lieu of fees or taxes which might otherwise be authorized by this Ordinance. H. As authorized by S. C. Code Section 5-7-300,the Agreement with the Municipal Association of South Carolina for collection of current and delinquent license taxes from telecommunications companies pursuant to S. C. Code Section 58-9-2200 shall continue in effect. 8.41 NAICS 423930 -Junk or Scrap Dealers [Non-resident rates apply] Minimum on first$2,000 ...............................................................................$200.00 PLUS Per$1,000, or fraction, over$2,000 ...............................................................$1.60 8.42 NAICS 522298-Pawn Brokers -All Types Minimum on first $2,000 ........................................................................................ $50.00 PLUS Per$1,000, or fraction, over $2,000 ...........................................................$ 1.60 12 8.5 NAICS 4411,4412 -Automotive Motor Vehicles, Boats, Farm Machinery or Retail (except auto supply stores- see 4413) Minimum on first$2,000 .......................................................................................... $25.00 PLUS Per$1,000, or fraction, over$2,000 ...............................................................$1.10 One sales lot not more than 400 feet from the main showroom may be operated under this license provided that proceeds from sales at the lot are included in gross receipts at the main office when both are operated under the same name and ownership. Gross receipts for this classification shall include value of trade-ins. Dealer transfers or internal repairs on resale items shall not be included in gross income. NAICS 454390 - Peddlers Solicitors Canvassers,Door-To-Door Sales direct retail sales of merchandise. [Non-resident rates apply] 8.61 Regular activities [more than two sale periods of more than three days each per year] Minimum on first$2,000 ........................................................................$100.00 PLUS Per$1,000, or fraction, over$2,000...............................................................$ 1.60 8.62 Seasonal activities [not more than two sale periods of not more than three days each year, separate license required for each sale period] Minimum on first$2,000 .........................................................$50.00 PLUS Per $1,000,or fraction, over$2,000...............................................................$ 1.60 Applicant for a license to sell on private property must provide written authorization from the property owner to use the intended location. 8.7 NAICS 5241 -Insurance Companies: Except as to fire insurance, "gross premiums" means gross premiums written for policies for property or a risk located within the municipality. In addition,"gross premiums" shall include premiums written for policies that are sold, solicited, negotiated, taken, transmitted, received, delivered, applied for, produced or serviced by(1)the insurance company's office located in the municipality, (2)the insurance company's employee conducting business within the municipality, or(3)the office of the insurance company's licensed or appointed producer(agent)conducting business within the municipality, regardless of where the property or risk is located, provided no tax has been paid to another municipality in which the property or risk is located based on the same premium. Solicitation for insurance, receiving or transmitting an application or policy, examination of a risk, collection or transmitting of a premium, adjusting a claim, delivering a benefit, or doing any act in connection with a policy or claim shall 13 constitute conducting business within the municipality, regardless of whether or not an office is maintained in the municipality. As to fire insurance,"gross premiums"means gross premiums (1)collected in the municipality, and/or(2) realized from risks located within the limits of the municipality. Gross premiums shall include all business conducted in the prior calendar year. Gross premiums shall include new and renewal business without deductions for any dividend, credit, return premiums or deposit. Declining rates shall not apply. NAICS 52411 - Life,Health and Accident ...................................... 0.75% of Gross Premiums NAICS 524126 - Fire and Casualtv....................................................... 2% of Gross Premiums NAICS 524127 -Title Insurance ............................................................ 2% of Gross Premiums Notwithstanding any other provisions of this ordinance, license taxes for insurance companies shall be payable on or before May 31 in each year without penalty. The penalty for delinquent payments shall be 5% of the tax due per month, or portion thereof, after the due date until paid. Any exemptions in the business license ordinance for income from business in interstate commerce are hereby repealed. Gross income from interstate commerce shall be included in the gross income for every business subject to a business license tax. Pursuant to S.C. Code Ann. §§ 38-45-10 and 38-45-60,the Municipal Association of South Carolina, by agreement with the municipality, is designated the municipal agent for purposes of administration of the municipal broker's premium tax. The agreement with the Association for administration and collection of current and delinquent license taxes from insurance companies as authorized by S.C. Code § 5-7-300. [The South Carolina General Assembly, in order to ensure consistency with the federal Non-admitted and Reinsurance Reform Act of 2010 ("NRRA"),ratified an act(Rat# 283) on June 28, 2012, amending S.C. Code §§ 38-7-16 and 38-45-10 through 38-45- 195. The act establishes a blended broker's premium tax rate of 6 percent comprised of a 4 percent state broker's premium tax and a 2 percent municipal broker's premium M. The act states a municipality may not impose on brokers of non-admitted insurance in South Carolina an additional license fee or tax based upon a percentage of premiums.] 14 NAICS 713120 -Amusement Machines, coin operated (except gambling) - Music machines,juke boxes, kiddy rides,video games,pin tables with levers, and other amusement machines with or without free play feature licensed by SC Department of Revenue pursuant to S.C. Code §12-21-2720(A)(1)and(A)(2)— [Type I and Type III 8.81 Operator of machine ..................................................................$12.50/machine PLUS.............................................................................................$12.50 business license for operation of all machines (not on gross income).[§12-21-2746] 8.82 Distributor selling or leasing machines (not licensed by the State as an operator pursuant to §12-21-2728)- [Nonresident rates apply.] Minimumon first$2,000 ...................................................................................... $25.00 PLUS Per$1,000, or fraction, over$2,000...........................................................$1.60 NAICS 713290 -Amusement Machines, coin operated,non-payout Amusement machines of the non-payout type or in-line pin game licensed by SC Department of Revenue pursuant to S.C. Code §12-21-2720(A)(3) [Type III] 8.83 Operator of machine .......................................................................I.....$12.50/machine PLUS............................................................................................$12.50 business license for operation of all machines (not on gross income). [§12-21-2720(B)] 8.82 Distributor selling or teasing machines (not licensed by the State as an operator pursuant to §12-21-2728) - [Nonresident rates apply.]— Minimum on first $2,000 ...................................................................................... $25.00 PLUS Per$1,000, or fraction, over$2,000...........................................................$1.60 8.91 NAICS 713290 -Bingo halls, parlors— Minimumon first$2,000 .................................................................................... $100.00 PLUS Per$1,000, or fraction, over$2,000...........................................................$5.10 8.92 NAICS 711190- Carnivals and Circuses- Minimumon first$2,000 .................................................................................... $100.00 PLUS Per$1,000, or fraction, over$2,000...........................................................$2.10 15 8.93 NAICS 722410-Drinking Places, bars, lounges, cabarets(Alcoholic beverages consumed on premises) Minimumon first$2,000 ...................................................................................... $50.00 PLUS Per$1,000, or fraction,over$2,000...........................................................$1.2 License must be issued in the name of the individual who has been issued a State alcohol, beer or wine permit or license and will have actual control and management of the business. 8.10 NAICS 713990 -Billiard or Pool Rooms, all types .......... $5.00 or $12 per table Minimumon first$2,000 ...................................................................................... $50.00 PLUS Per$1,000,or fraction, over$2,000...........................................................$1.30 NAICS 22112 - Electric Power Distribution............................ See Consent or Franchise NAICS 22121 —Natural Gas Distribution ............................... ...See Consent or Franchise NAICS 517110—Television: Cable or Pav Services using public streets.........................................................................See Franchise 11. The NAICS Numerical Index is an attachment to this ordinance and incorporated herein. 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 second reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2020 First Reading Robert A. Pettit,Mayor Second Reading ATTEST: Sharon Lamar, City Clerk 16 ATTACHMENT #13 RESOLUTION NO. 2020-52 NAMING THE AMPHITHEATER IN RIVERSIDE VILLAGE AS THE SHARON JONES AMPHITHEATER WHEREAS, the late, great singer Sharon Janes lived her early years in North Augusta, as a child first displayed her singing talent in a North Augusta Baptist Church Christmas play as a singing angel; and became a resident of North Augusta in her final years; and WHEREAS. Sharon Jones' extraordinary talent was finally recognized at age 40 while singing professionally in the New York City area; and WHEREAS. Sharon Jones was the lead singer for the soul band,the Dap-Kings, for 20 years; and WHEREAS, Sharon Jones and the Dap-Kings sparked the soul music revival,defined the sound of modem soul,and received a Grammy nomination for their album Give the People What They Want; and WHEREAS, Sharon was widely acclaimed as the "Female James Brown," and her dynamic performances and sensational albums made her a fan favorite around the world; and WHEREAS, Sharon's battle with pancreatic cancer, which ultimately took her life in 2016 at age 60, was the subject of the inspirational 2016 documentary, "Miss Sharon Jones!'; by the two- time Academy Award winning filmmaker Barbara Kopple; and WHEREAS, the amphitheater in Riverside Village was envisioned as a venue for vocal and instrumental concerts by local and national performers. 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, the Riverside Village Amphitheater shall be named the"Sharon Jones Amphitheater," and BE IT FURTHER RESOLVED that the City Administrator is directed to have appropriate signage designed, manufactured, and erected identifying the amphitheater as the "Sharon Jones Amphitheater" and to prepare one or more plaques highlighting the life, career and accomplishments of Sharon Jones and prominently display same at an appropriate location(s), and; BE IT FURTHER RESOLVED funding for the above signage and plaques shall come from the Capital Projects Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA. SOUTH CAROLINA, ON THIS DAY OF NOVEMBER, 2020. Robert A. Pettit, Mayor ATTEST: Sharon Lamar, City Clerk NORTH AUGUSTA'S SHARON JONES AS THE WORLD SAW HER s ' LIU THE UMKINGS i].m4�U_G�.1�F..iY7R •,:^:n Vt 2411 fti df�E3'X 4Gi1[ �., .-a *, F r a _ . 6 t ATTACHMENT #14 RESOLUTION NO.2020-53 AUTHORIZING FUNDING FOR THE REHABILITATION AND RESURFACING OF PORTIONS OF THE GREENEWAY WHEREAS, the Department of Parks, Recreation and Tourism applied for, and was awarded a grant from the State of South Carolina Department of Parks, Recreation and Tourism Recreation Trails Program, in the amount of$100,000,to re-surface/re-pave a portion of the North Augusta Greeneway; and WHEREAS, the adopted 2020 Annual Municipal Budget included $25,000 matching funds in the General Fund(10-4310-387); and WHEREAS,the adopted 2020 Annual Municipal Budget included an additional $35,000 in the Riverfront/CC Redevelopment Fund (19-4325-387) for "Greeneway Paving Upgrade"; and WHEREAS, there remains a balance of $11,904.69 in the Riverfront/CC Redevelopment Fund(19-4325-387)unspent from the previous phase of the Greeneway Paving Upgrade; and WHEREAS,the adopted 2021 Annual Municipal Budget includes an additional $35,000 in the Riverfront/CC Redevelopment Fund (19-4325-387) for "Greeneway Paving Upgrade". NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta, in meeting duly assembled and by the authority thereof, that the total project budget shall be $206,904.69 with $106,904.69 funded by the Riverfront/CC Redevelopment Fund and $100,000 to be reimbursed by SCPRT. BE IT FURTHER RESOLVED that the $25,000 matching funds in the 2020 General Fund Budget shall be transferred to the Riverfront/CC Redevelopment Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE. CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2020. Robert A. Pettit, Mayor ATTEST: Sharon Lamar, City Clerk ATTACHMENT #15 RESOLUTION NO. 2020-54 ACCEPTING A DEED OF DEDICATION FOR THE STREETS WATER DISTRIBUTION SYSTEM SANITARY SEWER.AND ASSOCIATED EASEMENTS AND RIGHTS OF WAY, ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT, FOR HAMMONDS FERRY PHASE A4 WHEREAS, HF Developers, LLC has developed Hammond's Ferry Phase A41 according to the requirements of the North Augusta Planning Commission and the City, and owns the streets, utilities and easements; and WHEREAS, pursuant to §5.8.43 of the North Augusta Development Code, the Director of Planning and Development and the City Engineer approved the final subdivision plat for recording on July 30, 2020, and WHEREAS, it is the policy of the City that, upon approval of a final subdivision plat, the City will, following inspection by the City's Engineering department, accept a deed of dedication for utilities, etc, for the purpose of ownership and maintenance when said deed is accompanied by a maintenance guarantee; and WHEREAS, a maintenance guarantee and supporting cash deposit accompany the deed; and WHEREAS, the City Engineer has made final inspection of the subject improvements and these improvements meet City standards. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, do hereby accept a deed of dedication for: ALL those certain streets and roadways located in Hammonds Ferry Section A4 shown and designated as a portion of Lafayette Street (45'R/W and R/W varies), Brick Pond Alley (24'R/W), a portion of Kennesaw Alley (24' R/W), Preservation Loop (R/W varies),a portion of Heirloom Alley(24'R/W),a portion of Railroad Avenue(66'R/W), a portion of Tin Pan Alley (24' R/W), a portion of Arrington Avenue (R/W varies), a portion of Blue Clay Drive(R/W varies)and a portion of Taft Alley(24'R/W)as shown and delineated on a plat of Hammonds Ferry Section A4 prepared for HF Developers, LLC by Cranston Engineering dated April 14, 2019 and recorded August 6, 2020 in the Office of the RMC for Aiken County, South Carolina, in Plat Book 62, at Page 294 ("Section A4 Plat"), Reference is made to said plat, which is incorporated herein by reference, for a more complete and accurate description as to the metes, bounds and location of said property. LESS AND EXCEPT ALL that certain piece, parcel or lot of land being shown and designated as Tract A containing 1.79 acres, more or less, also shown as Railroad Avenue(50' R/W proposed) on a plat prepared for North Augusta Riverfront Company, LLC by Cranston Engineering Group, P.C. dated April 22, 2009 and recorded August 4, 2009 in the Office of the RMC for Aiken County, South Carolina, in Plat Book 54, Page 751.Reference is made to said plat, which is incorporated herein by reference, for a more complete and accurate description as to the metes, bounds and location of said property. TOGETHER WITH ALL those certain tracts located in Hammonds Ferry Section A4 shown and designated as Tract F containing 710 square feet, more or less, and Tract G containing 3,407 square feet, more or less, as shown and delineated on the Section A4 Plat. Reference is made to said plat, which is incorporated herein by reference, for a more complete and accurate description as to the metes, bounds and location of said property. TOGETHER WITH all (a) curbs and gutters located within the aforesaid right of way of the streets and roadways; (b) sidewalks located within the aforesaid right of way of the streets and roadways;(c)sanitary sewerage collection systems including lift stations located on the property shown on the Section A4 Plat;(d)storm water collection system including storm water detention areas located on the property shown on the Section A4 Plat; ( e) greenways or other pedestrian connections outside the road rights-of-way but located on the property shown on the Section A4 plat, and (f) a perpetual and non- exclusive easement and rights-of-way for potable water, sanitary sewage and storm water collection systems located on the property shown on the Section A4 Plat. BEING a portion of the property conveyed to HF Developers, LLC by deed of North Augusta Riverfront Company, LLC dated December 12, 2015 and recorded December 15, 2015 in Record Book 4583, Page 585, Aiken County Records as corrected by deed dated December 21,2015 and recorded December 28, 2015 in Record Book 4584,Page 1938 in the Office of the RMC for Aiken County, South Carolina. Tax Map & Parcel: Portions of 007-13-01-008; 007-13-01-010; 007-13-01-011; 007- 13-19-004 BE IT FURTHER RESOLVED that a Maintenance Guarantee and check in the amount of$174,000 are hereby accepted. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2020. Robert A. Pettit, Mayor ATTEST: Sharon Lamar, City Clerk LANCHARD Corporate Office P.0 Box 211708 AND UN Augusta, GA 30917 CLHO 706-722-733 Fax 706-724-7614 • 877-309-1314 -a — Real Fstate Sales-Development Leasing/Prnpetty Management-Relocation July 21, 2020 Kuleigh Baker City of North Augusta Planning and Development 100 Georgia Avenue North Augusta, SC 29841 Re: HF Developers, LLC Hammonds Ferry Section A4 Dear Ms. Baker; On behalf of HF Developers, LLC, enclosed you find the following documents in connection with completion of Hammonds Ferry Section A4: 1. Deed of Dedication 2. Certificate of Title 3. Performance Guarantee 4. Check in the amount of$174,000 to secure the Maintenance Guarantee 5. Check in the amount of$41,112.50 to secure the Performance Guarantee for landscaping. If you should have any questions, please let me know Sincerely, Thomas M. Blanchard,Jr. The Blanchard and Calhoun Family of Businesses. . RIANCHARD A CAtHOUN REAL ESTATE CO. CORPORATE AUGUSTA MORTGAGE RIANCHARD A CALHOUN c OFFICE COMPANY INSURANCE AGENCY,INC. West Aagmut Evaas Wayme boro Aiken 7L6 72 ?331 706863A953 7068681001 706554.609? 801643.1018 1.877.309.1314 706.860.4200 P.S rvLeOtfl' w :�: .v.Slan<h and andc Dlho!�n. . m STATE OF SOI.'TH CAROLiNA ) DEED OF DEDICATION COIUNTY OF AIKEN ) KNOW ALL MEN BY THESE PRESENTS: That HF DEVELOPERS, LLC, A South Carolina limited liability company. (hereinafter called "Grantor"), FOR AND IN CONSIDERATION OF THE. SUM OF ONE DOLLAR(S1.00) AND BY WAY OF DEDICATION to TILE CITY OF NORTH AUGUSTA, a body politic and corporate and a political subdivision of the County of Aiken and State of South Carolina (hereinafter called "Grantee"), the receipt of which is hereby acknowledged. has granted. bargained, sold and released, and by these presents does grant, bargain, sell and release unto Grantee,its successors and assigns,the following described real estate,to wit: ALL those certain streets and roadways located in Hammonds Ferry Section A4 shown and designated as a portion of Lafayette Street (45'RAV and RAW varies), Brick Pond Alley (24'R/W), a portion of Kennesaw Alley (24' R/W), Preservation Loop(R/W varies), a portion of Heirloom Alley (24' RIW),a portion of Railroad Avenue (66' RAW), a portion of Tin Pan Alley (24' R/W), a portion of Arrington Avenue(R/W varies),a portion of Blue Clay Drive(R/W varies)and a portion of Taft Alley(24' R/W)as shown and delineated on a plat of Hammonds Ferry Section A4 prepared for HF Developers, LLC by Cranston Engineering dated April 14, 2019 and recorded , 20_ in the Office of the RblC for Aiken County. South Carolina, in Plat Book , at Page _ (`Section A4 Plat"). Reference is made to said plat,which is incorporated herein by reference,for a more complete and accurate description as to the metes.bounds and location of said property. LESS ARID EXCEPT ALL that certain piece,parcel or lot of land being shown and designated as Tract A containing 1.79 acres, more or less, also shown as Railroad Avenue (50' RAW proposed) on a plat prepared for North Augusta Riverfront Company, LLC by Cranston Engineering Group, P.C.dated April 22. 2009 and recorded August 4. 2009 in the Office of the RMC for Aiken County, South Carolina, in Piat Book 54,Page 751. Reference is mac to said plan,which is incorporated herein by reference, for a more.complete and accurate description as to the metes,bounds and location of said property. TOGETHER wTfl[ AU those certain tracts located in Hammonds Ferry Section A4 shown and designated as Tract F contaiamg 710 square feet, more or less. and Tract G containing 3,407 sgna_-e feet, more or less, as shown and delineated an the Section A4 Plat. Reference is made to said plat, which is incorporated herein by rererenee. for a more complete and accurate description as to the metes, botads and location of said property. TOGETHER N'TTII all ta)curbs and gutters located within the aforesaid right of way of the streets and endways: kb)sidewalks located within the aforesaid right of war of the sows and roadway&;(c)sanitary sewerage collection systems including lift stations[ecatcd on the property shown on the Section A4 Plat: (d)storm water collection systcrn including storm water detention areas located on the property shown on the Section A4 Plat, (e) grcmways or other pcdtswian connections outside the road tights-of-way but located on the property shown on the Section A4 plar,and(t)a perpetual and non-cxclusiae casement and nghts-of-way for potable water, sanitary sewage and stone water collection systems located on the property shown on the Section Act Plat. BEING a portion of the property conveyed to HF Developers, L.LC by deed of North Augusta Ricerfronl Company,LLC dated December 12, 2015 and recorded December 15.2015 in Record Book 4583,Page 585, Aiken County Records as corrected by deed dated December 21.2015 and recorded December 28, 2015 in Record Book 4584,Page 1938 in the Office of the RMC for Aiken County,South Carolina. Tax Map& Parcel* Portions of007-13-01-008;007-13-01-010;007-13-01-011;007-13-19-M-4 Grantee's Address: Post Office Box 6400 North Augusta,South Carolina 29861 TOGETHER with all and singular the rights. members,hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining thereto, TO HAVE AND TO HOLD,all and singular the premises before mentioned unto the said Grantee, its successors and assigns forever. and the Grantor does hereby bind itself and its successors and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee. its successors and assigns, against Grantor and Grantor's successors and assigns and all persons whomsoever lawfully claiming or to claim the same or any part thereof. WIT\F.SS the Hand and Seal of the Grantor this 21 day of 24-• SIG\ED,SEALED AND DEl1N ERLD IN THE PRESS\CE OF HF DEVELOPFRS- LLC By Blanchard X Calhoun Real Estate as its•�*jCo- \Manager �l'imess: _f41'oli I 1 Co . -— — By Thomas M Blariehard-Jr-,CEO r ` [SEAL STATE OF '��``t • ) ACKNOWLEDGEMENT COUNTY OF t ) 1, the undersigned notary• do hereby certify that Thomas h7 Blanchard. Jr. personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of Blanchard S Calhoun Real Estate Co.as Manager of HF Developers, LLC- cc tt V itness my hand and official seal this the 2-1 day of �Wv ,2010. Notary Public for tR� State of ') 11, 12A27. My Commission Expires: �a eta NOTARY SEAL} ��E•p:.`LF�tt +t •, P U By :�,-� It 9�•. 1 10'`�OtiO CO STATE-OF SOUTH CAROU-1A COLN-TV OF A1KE:ti AfTIDI. TU PERSQXALLY appeared before me the=dmignecL who being duly sworn-deposes and msr ➢. I haze read the artormarion of this aff rot and 1 andersaind such nif rmation. The ptnpern being mimsfermd is located to A =Comity,hearing%&m County Talc Map Number.Portions of 007-€3-01- 003,007-13-01-Q[Q;007-13-61-011.007-13-14-004 was transferred hym HF ilevejn±rass LLC to The Ci-_ of North An�usta on .20 3- t'beek one of the following- The deed is (a) ._.._ . _ subject to the deed recording fee as a Tarri it for consideration paid or to be paid in money or money's wank (b) subject to the dn1 eel nfrng fee as a transfer betwxe:h a corporation- a parme ship,or other entity and a stockholder.parmer,or cwacr of the entity,or is a transfer to a mnt or as a di-tn'bueon to a tent bmeftcter (c) _X _ exempt from the deed ttxordi g fee berme(See Informative wraon ofaf}41ae7i). rr2 (If exempt,please skip items 4-7 and go to item 8 of this affidavit.) 4. Chevk me of the following if either item 3(a)or item 3(b)above has been checked (See information suction of this affidavit)- (A) The fee is computed on the consideration paid or to be paid in money or money's worth in the amount oft. (b) The fee is computed on the fair market value or the realty which is (c) The fee is computed on the fair market value of the realty ax established for property mx purposes which is 5. Check Yes_or No _X to the following- A lien or encumbrance existed on the land,tenement-or realh before the transfer and remained on the land,tenement,or realty after the transfer. If"Yes,'Ibe amount of the outstanding balance of this lien or oncutnbrance is: 6. The deed recording fee is computed as follows. (a) Place the amount listed in item 4 above here. so (b) Place the amount listed in item 3 above here: -0- (c) Subtract Line 6(b)from Line 6(a)and place result here: So 7. The deed recording fee due is based on the amount listed on Line 6(c)above and the deed recording fee due is: S 8. As required by Code Section 12-24-70,1 state that I tun a responsible person who was connected with the transaction as Grantor 9. 1 understand that a person required to furnish this affidavit who willfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and,upon conviction.must be fined not more than one thousand dollars or imprisoned not more than one year, or both. r SWORN to before me this 2-I Respun.ihle Puson Connected with(lie Tmnsnctiun Day of ,ty)Y ,20 2-o . Nora Public for Print or Type Namc Here My Commission Fxp.,. '1 00. � ilii4;M ..... co° CI.FokmA'GIU'\ Ferret as provided to tl;s paz4raph the urmn -,taWc ro u -the corsidraticn paid or to be part!J many or moot+-N w•+nh her the rt airy- Caosidisafivm pyvd or co Ire paid in mootz-s wort -isbtdrs_but m nor Gmifedl to,outer redly.pecmad prop trtv_.stncLs bond_ patmtnfaip iiaernt arut uuer unri agibtc property.the fcgtycti oc umiviladon of a oil theassounpam of a Atb4 and di,c stanvdering Of any tights. Tbc Fair maRer calve of the cotffidenittor mast fx,aicd c caBr<aring the con odera[nnr Paid in Money's worth Ta[ptecrs m y etcet to use the f.vr t-.arket.Jae of -he realm being cam7erred in den:anacnng fat,make calve of[9e eirtsrdtradaO. fur ilia ta<c of crr:ty sae feed¢>,a rnat vcas a damibutiaa na a •-.mot Lnefriary �attre-moms dye eralh-s fair mai et talc- A daet":via from%.ter is al razed Cc the jr-u tin.of amp ficr,.era enn:.nbcar[ee e<iaiac on the firm tenement-or tealry bcF the transtc and rcr..acniase our ttte Gast tettenene,or realty after the turns.-er T&Apu i may dirt to use alto fair market valor for p:operts nix cvrlu,;ti an det¢minmg Farr miekec%J:c under thr p, %isions of thr taw. EXCEmD FROSF TIIE FEE,ARE DEEDS- i. irai[crni rr�.':v in whits dL-yat;x o E[Rr ma[t},as viefrtrtYf eat Cain Sct-¢oa i?2�1-30.is tyitsl ro octeys than time h.c�rai cpa[Fars; 2 iratofesr rig ce_tty to the fcderal guytr,.momc or ro a state_ its agencies tied dyarn,rnR and its political mcludin€schc fist:icLC 3 Lasted S=es. r. tratuf-t'mt reilty in svhi<h no pat¢at firs ti Kcvpiized by n:tso¢of Sctiaun 1041 of the Internal Rcienae Code as&-Ma-d in Section [=- 6-40(A)- transfmrug tealty in order to partition=1r,> ltrg as no certsidareitna is paid for tic trarnter ether than the micros in the v=.I v that a:, being mciumeed in order us ter.-t tron the ream. 6 araniffring an indiv nth ai grade spar at a cctxtery oared by a r:etay cumpua hi ion ed under Chapos i5 of Title 39: 7 that consnmae a cvnnacl for the sale of timber to be cvr. 8 tmatric:. ng realty to a eocpo atiaa,a pr:rtnenhip, at a uust in otter to be:vnte- or as a stuckboldes, partner,or trust brnef[ti iry of the curry provided w aryidctanian a paid for the transfer other that stock it..the corporation.intertst in the partnership.h<xielciary intatsl in the trust- Or the increase :n •ahie in such stock err mrc-rrt held by the grantor However. the trumfQ of rcalt} for a tvrperanor4 a parttership,or a truce to a stockhoLer-parier, or true beneficiary of the crier i,subjea to the fec cm if the realry is tmnsfined to anothet corporation.a parmaship.or true. 9 tmnstcrring realix fmm a faintly partnership to a partner or from family truss to a beneficiary, provided no consideration is paid for th tmnsfet other than a redu<tiOn in the grunttt's rmcn t in the Witta-ship or trust A'family partnership is a partnership.•fps:parni are all mcmbc- of the same family A -family trust is a Imo in which the beneficiaries are all members of the same family. The bcmcticiarie of a faanity vas[ may aim include charitable entities -Famde- tnean. the grantor and the grm ief s spouse. parent, grandparents, simt brothers, children, stepchildren grandchildren, and the spouses and lint deseendnitm of any of the aho,t A -charitable emin' mcans in entity which may nmde dcrludib'e contributions under Scet,on 170 of the Internal Rc•cri Code as deturi in Section 12-630(A). 10. tmnsftaring realty in a statuton merger or consolidation from a conmiturnt corporation to die cvntinain€or new corporation. I i fauns(tring realty in a merger or mnsohdanon from constituent pmtnc chip to the continuing or new pamcrship, 12 that consfimte a correnive deed or a quitclaim deed used to confirm title already resicd in the grantee,provided that no constilmnon of any kind is paid to or is to be paid under the cerre<nde or quitclaim deed.and 13 transfcmna train subject to a mortgage whether by.i deed in lieu or foreclosure eiecuted by the mortgagor or J r l es eculed pursuant to loreclosure proceedings. 14 transferring ream from an agent to the agents principal in cchich the ream was purchased with funds of the principal.provided that a nutar ved document is also filed with the dad that establishes the fact that the agent and principal relationship eeuted at the time of ere original purchase as wall as for the purpnsc of purchasing the male I i transferring tide to facilities for tmnsmamng electricity that is transferred,sold or eyehanged by clectricul utilities,municipalities.aleciric coopenitives,or political subdivisions to a limited liability company which is subject to regulation under the Fcdcral Power Ace(I6 U S C. Stetson 791(a))and whicii is formed in operate or take funciianal control of electric transmission asets as damned in the Federal Power Act SMITH , MASSEY, BRODIE, GUYNN & MAYES, LLC ATTORNCY'; AND COUNSELORS AT LAW POST OFFICE BOX 519 TELEPHONE ,, e Rni Id.:59E:' 210 COLONY PAR KN!AY. SOUTH EA57 18031 643-4710 BHcu A BFo:TF AIKEN, SOUTH CAROLINA 29802 FACSw ILE O Gu' '.r." (803)643 6140 .v DFNIEL MAvs 18031 644 9057 SCOTT l4. PATT_RSON - so CERTIFICATE OF TITLE TO: City of North Augusta RE: HF Developers, LLC Hammonds Ferry Section A4 EFFECTIVE DATE: October 14, 2020 at 8:00 a.m. PROPERTY: See Exhibit A attached hereto and incorporated herein THIS IS TO CERTIFY that we have examined the public records of Aiken County, South Carolina relative to the title of the above-described real estate. BASED UPON SUCH INVESTIGATION, it is our opinion that the HF Developers. LLC is vested with good. fee simple, record, marketable tide to the real estate described above subject to the lollow'ing liens. limitations and encumbrances of record and by delivery of a Deed of this property signed by an authorized officer of HF Developers, LLC good and marketable title will be conveyed to the City of North Augusta subject only to the following: County of Aiken taxes for tax vear 2020, a lien currently due and payable and tax year 2021 and subsequent years, a lien not vet clue and payable. 2. Cite of North Augusta taxes for tax year 2020 and subsequent years,a lien not yet due and payable. 3. Ordinance No. 2020-1 1 .Abandoning a Road Right of Way Shown on a Plat for Hammond's Ferry Section A4 dated December 14. 2019 in the City of North Augusta recorded on October 8, 2020 in. Record Book 4877, Page 1514, Aiken County Records. 4. Seventh Supplemental Declaration to Subject Additional Property to The Hammond's Ferry Master Declaration and The Hammond's Ferry Book of Operating Principles by North Augusta Riverfront Company, LLC dated December 14, 2015 and recorded December 15, 2015 in Record Book 4583, Page 577. Aiken County Records as corrected and recorded in Record Book 4584, Page 1930, Aiken C011niy Records, together with the terms, covenants, easemems, and conditions of Hammonds Ferry blaster Declaration of Codes, Covenants and Easements, a copy of which is recorded in Book 4044, pages 876-898, as amended Aiken County Records, and Hammond's Ferry Book of Operating Principles, a copy of which is recorded in Book 4044, pages 899-952, as amended, Aiken County Records 5. Matter.. as shown on a plat of Hammonds Ferry Section A4 prepared for HF Developers, I.LC by Cranston Engineering dated April 14, 2019 and recorded August 6,2020 in the Office of the RMC for Aiken County, South Carolina, in Plat Book 62, Page 294. 6. Right of Way Easement to American Telephone and Telegraph Company dated October 24, 1941 and recorded in Misc. Book 20,Page 389, Aiken County Records as modified by that certain Containment Letter from AT&T Corp (successor in interest to American Telephone and Telegraph Company) to Blanchard and Calhoun Real Estate Co.dated December 7, 2015. 7. Transmission Line Easement in favor of South Carolina Power Company dated November 9, 1944 and recorded in Misc. Book 26, Page 11, Aiken County Records. 8. Receipt for Right of Way Payment from South Carolina Electric &Gas Company dated November I, 1955 and recorded in Misc. Book 36,Page 383,Aiken County Records. 9. Receipt for Right of Way Payment from South Carolina Electric & Gas Company dated May 11, 1955 and recorded in Misc. Book 36,Page 384,Aiken County Records. 10. Easement for Right of Way in favor of Georgia Power Company dated June 1, 1944 and recorded in Title Book 91, Page 112, Aiken County Records. IL General Permit in favor of Southern Bell Telephone and Telegraph Company dated August 31, 19" and recorded in Title Book 91, Page 251, Aiken County Records as modified by that certain Containment Letter from AT&T Network Services to Blanchard and Calhoun Real Estate Company on behalf of BellSouth Telecommunications, LLC d/b/a AT&T South Carolina (f/k/a BellSouth Telecommunications, Inc., Southern Bell Telephone and Telegraph Company) dated November 30, 2015. 12. Quitclaim Deed from Georgia Power Company in favor of The City of North Augusta dated October 6. 2004 and recorded in Deed Book 2457, Page 119,Aiken County Records. 13. Easement for Right of Way in favor of Georgia Power Company dated October 7, 2004 and recorded October 8,2004 in Deed Book 2457,Page 123, Aiken County Records. 14. Easement in favor of South Carolina Electric & Gas Company dated June 10, 2005 and recorded in Record Book 4000, Page 1429, Aiken County Records. 15. Reservation of Easement as set forth in the Deed to North Augusta Riverfront Company, LLC from the City of North Augusta dated August 9, 2007 and recorded August 10, 2007 in Record Book 4155, Page 150, Aiken County Records, as thereafter corrected and re-recorded in Record Book 4159, Page I, Aiken County Records. 16. Ordinance No. 2007-12 to Abandon Platted and Unimproved Streets in Portions of the Central Riverfront Area recorded in Record Book 4148, Page 1514, Aiken County Records 17. Development Agreement between North Augusta Riverfront Company, LLC and the City of North Augusta dated June 23, 2003 and recorded in Misc. Book 1211, Page 1, Aiken County Records as amended by First Amendment to Development Agreement recorded in Misc. Book 1253, Page 170, Aiken County Records, and as further amended by Second Amendment to Development Agreement recorded in Misc. Book 1312, Page 245,Aiken County Records. 18. Development Agreement between North Augusta Riverfront Company, LLC and City of North Augusta dated January 8, 2013 and recorded in Record Book 4440, Page 692,Aiken County Records. 19. Deed of Dedication from North Augusta Riverfront Company, LLC in favor of The City of North Augusta dated July 23, 2007 and recorded August 31, 2007 in Record Book 4159, Page 222, Aiken County Records. 20. Declaration of Temporary Construction Easement by North Augusta Riverfront Company, LLC dated December 14, 2015 and recorded December 15, 2015 in Record Book 4583, Page 580 as corrected in Record Book 4584, Page 1934, Aiken County Records. 21. Encroachment Agreement from the Georgia Power Company in favor of North Augusta Riverfront Company recorded June 27,2005 in Record Book 4002, Page 1044, Aiken County Records. 22. Easement from FIF Developers, LLC in favor of South Carolina Electric&Gas Company dated April 4,2019 and recorded April 11,2019 in Record Book 4772, Page 753,Aiken County Records. 23. Matters occurring subsequent to the inclusive dates of examination. 24. Matters which would not be revealed by a review of [lie public records regarding a proposed purchaser/borrower, who is not a current owner of the property. 25. Compliance with any local, county, state or federal government taw or regulation relative to environment, zoning, subdivision, occupancy, use, construction, or development of the subject property. 26. Judgments, liens, and proceedings filed only in Federal Court. (Upon the filing of a petition in Bankruptcy, title to real property vests in the Trustee in Bankruptcy and notice thereof is not always required to be filed in the County in which the Bankrupt owns property; federal condemnation proceedings may vest property in the Federal government.) 27. STANDARD EXCEPTIONS: Interests or claims not disclosed by public records, including but not limited to: a. Unrecorded Mechanics! or Materialmen's liens. (Liens may be filed by persons or entities furnishing labor or materials to any improvements on real property within 90 days of performance or furnishing of materials.) b. Unrecorded leases. C. Matters that may defeat or impair title which do not appear on record. d. Taxes, Special Assessments and other governmental charges that are not shown as existing liens by the public records. e. Civil actions where no notice of us pendens appears of record. S TH(ti EY RODIE,GUYNN & MAYES i By. _ Mary . Guynnl Post Office Box 519 Aiken, South Carolina 29802 (803)643-4I10 Examining Attorney EXHIBIT A PROPERTY DESCRIPTION ALL those certain streets and roadways located in Hammonds Ferry Section A4 shown and designated as a portion of Lafayette Street (45'R/W and R/W varies), Brick Pond Alley (24'R/W), a portion of Kennesaw Alley (24' R/W), Preservation Loop (R/W varies), a portion of Heirloom Alley (24' R/W), a portion of Railroad Avenue (66' R/W), a portion of Tin Pan Alley (24' R/W), a portion of Arrington Avenue(R/W varies),a portion of Blue Clay Drive(R/W varies)and a portion of Taft Alley(24' R/W)as shown and delineated on a plat of Hammonds Ferry Section A4 prepared for HF Developers, LLC by Cranston Engineering dated April 14, 2019 and August 6, 2020 in the Office of the RMC for Aiken County, South Carolina, in Plat Book 62, Page 294 ("Section A4 Plat"). Reference is made to said plat, which is incorporated herein by reference, for a more complete and accurate description as to the metes, bounds and location of said property. LESS AND EXCEPT ALL that certain piece, parcel or lot of land being shown and designated as Tract A containing 1.79 acres, more or less, also shown as Railroad .Avenue (50' R/W proposed) on a plat prepared for North Augusta Riverfront Company, LLC by Cranston Engineering Group, P.C. dated April 22, 2009 and recorded August 4, 2009 in the Office of the RMC for Aiken County, South Carolina, in Plat Book 54, Page 751. Reference is made to said plat, which is incorporated herein by reference,for a more complete and accurate description as to the metes, bounds and location of said property. TOGETHER WITH ALL those certain tracts located in Hammonds Ferry Section A4 shown and designated as Tract F containing 710 square feet, more or less, and Tract G containing 3,407 square feet, more or less, as shown and delineated on the Section A4 Plat. Reference is made to said plat, which is incorporated herein by reference, for a more complete and accurate description as to the metes, bounds and location of said property. TOGETHER WITH all (a) curbs and gutters located within the aforesaid right of way of the streets and roadways;(b) sidewalks located within the aforesaid right of way of the streets and roadways; (c) sanitary sewerage collection systems including lift stations located on the property shown on the Section A4 Plat; (d)storm water collection system including storm water detention areas located on the property shown on the Section A4 Plat; (e) greemvays or other pedestrian connections outside the road rights-of-way but located on the property shown on the Section A4 plat,and(f)a perpetual and non-exclusive easement and rights-of-way for potable water, sanitary sewage and storm water collection systems located on the property shown on the Section A4 Plat. BEING a portion of the property conveyed to HF Developers, LLC by deed of North Augusta Riverfront Company, LLC dated December 12, 2015 and recorded December 15, 2015 in Record Book 4583, Page 585, Aiken County Records as corrected by deed dated December 21, 2015 and recorded December 28, 2015 in Record Book 4584, Page 1938 in the Office of the RMC for Aiken County, South Carolina. Tax Map&Parcel: Portions of 007-13-01-008;007-13-01-010;007-13-01-01%007-13-19-004 HAMMO NDS I L{kkY 41 ( I ION A l ]-it CRANSTON - • FryP1MlFn1 IIPN�IFPI Iyn V4IryB3 � ^�� IN IWI31�•w• Ww FrYIW aI IMIw-.0 W.III.�W mPrNFgyuP.m 11 IIAMMONWI I'I l Y Iu D! I OP[ Izs, Ia ICRANSTON � 3 �� Nlxw urwu,x�ln µp,mp� Department of Planning ~� And Development r' Memorandum # 20-024 .Xugt'St,; To: Rachelle Moody, Interim City Administrator From: Libby Hodges, Director Subject: Hammond's Ferry Section A4 Performance Guarantee Date: July 31, 2020 HF Developers, LLC has received approval for Application PP17-002, a major subdivision preliminary plat for Hammond's Ferry Section A4. The developer has elected to provide a Performance Guarantee and a check for the remaining sidewalks,street trees, and landscaping required as part of the approved site plan in order to facilitate the sale of lots and begin construction prior to completion of site work.The developer will have up to twenty-four (24) months from the date of acceptance to complete the outstanding work or the City will have the right to draw upon the deposited funds to complete the work. We request that you execute the original Performance Guarantees and have the City Clerk return a copy of the agreement to the Department of Planning and Development. A copy will be returned to the developer and our office will retain one copy for our files. We request that the City Clerk file the original Performance Guarantee and provide the check to the Finance Department for deposit until the development is certified as complete as permitted. The Director will provide a letter of release when the development is complete and funds may be returned to HF Developers, LLC. If you have any questions, please do not hesitate to call. STATE OF SOUTH CAROLINA ) PERFORMANCE GUARANTEE COUNTY OF AIKEN ) (Sidewalks, street trees & landscaping) THIS AGREEMENT IS MADE AND ENTERED INTO this zQ_� day of Tut 2020 by and between HF Developers, LLC, hereinafter known as "Appli nt", and the City of North Augusta, hereinafter known as "City". The designations Applicant and City as used herein shall include said parties, their heirs, successors and assigns. WITNESSETH: WHEREAS,the Applicant has received approval for Application PP17-002, a major subdivision plan, to develop Hammond's Ferry, Phase A4, Tax Parcel Numbers 007-13- 01-002. 007-16-01-004, 007-13-01 -005, 007-13-010-006, and 007-13-19-004; and WHEREAS, City approval of the major site plan required site improvements of the infrastructure and landscaping, in accordance with City development standards and the City Engineer and Planning and Development Director estimates the cost to construct these improvements to be $44,900.00; and WHEREAS, the Applicant wishes to record the final plat and sell lots prior to completion of the remaining site improvements and the City requires assurance that site improvements will be completed in a timely manner and in accordance with the approved major subdivision plan; and WHEREAS, pursuant to §5.8.6 of the North Augusta Development Code, the City requires that the Applicant execute a Performance Guarantee supported by a letter of credit or other form of monetary guarantee in the amount of Fifty-six thousand one hundred twenty five and No/100 Dollars ($56,125.00), representing one hundred twenty- five percent (125%) of the estimated construction cost, to guarantee completion of the remaining site improvements. IT IS HEREBY AGREED AS FOLLOWS: 1. The Applicant has provided a monetary guarantee, in the form of a check, in the amount of$56,125.00 which is valid for a period of twenty-four(24) months from the date of acceptance; and 2. The Applicant will complete the remaining site improvements not later than twenty-two (22) months following the effective date of this Performance Guarantee in accordance with City development standards and the approved specifications in the Applicant's major subdivision plan approved as revised on March 27, 2019; and Performance Guarantee— Hammond's Ferry A-4 Page 2 of 4 3. The City Engineer & Planning and Development Director shall regularly inspect the site improvement installation and exercise reasonable discretion to determine if the site improvement installation has been timely completed in conformity with City standards and approved major subdivision plan specifications; and 4. The City Engineer & Planning and Development Director, upon receipt of the Applicant's request to reduce the monetary guarantee amount held by the City based on satisfactory partial completion of required improvements during the twenty-two (22) month improvement installation period, shall have the discretion to approve and implement said request; and 5. If the City Engineer & Planning and Development Director approves the final inspection of the finished site improvements either on a date earlier than the expiration of the Performance Guarantee or at the time of the expiration of the Performance Guarantee, the City shall acknowledge in writing that the Applicant has fully performed under the terms of the Performance Guarantee and release the monetary guarantee, provided that the Applicant has executed and the City has accepted a twenty-two (22) month Maintenance Guarantee supported by a letter of credit or other form of monetary guarantee in an amount equal to fifteen percent (15%) of the cost of the improvements subject to this Performance Guarantee; and 6. If the Applicant fails to provide the Maintenance Guarantee as required, the City is authorized to exercise its right to draw upon the held monetary guarantee in an amount equal to fifteen percent (15%) of the total in order to guarantee the maintenance of the site improvements for a period of twenty- two (22) months; and 7. If for any reason within the time limit established in Section 2 above, the Applicant, upon written notice given thirty (30) days in advance by the City Engineer & Planning and Development Director, has not completed the installation of the remaining site improvements, the following conditions shall prevail: a. The City Engineer & Planning and Development Director shall have full and absolute discretion and authority in determining whether or not a failure or default has occurred under the terms of this Performance Guarantee; b. In the event the Applicant fails to timely complete installation of the remaining site improvements in accordance with the approved major subdivision plan, after receiving the notice provided for above, the City shall have the right to make claims on the funds provided by the Applicant to support the Performance Guarantee; Performance Guarantee— Hammond's Ferry A-4 Page 3 of 4 c. In the event of a failure or default, the City reserves the exclusive right to determine who may be retained to complete installation of the remaining site improvements; and d. Any excess funds over and above those needed to complete installation of the remaining site improvements shall be refunded to the Applicant. The determination of such excess is to be under the sole discretion of the City. IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year above first written. HF Developers, LLC By: Blanchard & Calhoun Real Estate Co. Its: Manager By: elG%l — Thomas M. Blanchard, Jr. As its: Chief Executive Officer State of Georgia County of Richmond On this 2\ day of 2020, before me personally appeared Thomas M. Blanchard, Jr. who provided satisfactory evidence of his identification to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the foregoing instrument. �1JI�fY-111J�a,� 1 \ltl\'�' Notao Public Richmond County, Georgia f My commission expires: ri I Ir1 120 Z2 Q vvouo0p� ?p d '.rP ' ode Okit Performance Guarantee— Hammond's Ferry A-4 Page 4 of 4 (Signature pages continue) Accepted this 3P-J day of 20 A0 . TH Y OF NT TH AUGUSTA By: 1, � Rachelle Moody As its: Interim City Administrator State of South Carolina County of Aiken On this -3 1 11 day of u 20 V, before me personally appeared "G(iL IZ Kfte,7 IVI , North Augusta City Administrator, who provided id satisfactory evidence of his entification to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the foregoing instrument. r yAn ''�V14/t�V Notary Public Aiken County, South Carolina p� My commission expires: Department of Planning and Development Memorandum # 20-025 To: Jim Clifford, City Administrator From: Libby Hodges, Director of Planning and Development" Subject: Hammond's Ferry Section A4 Maintenance Guarantee Date: August 31, 2020 HF Developers, LLC has received approval for Application PP17-002, a major subdivision plan to construct 47lots in the Hammond's Ferry Planned Development.The developer has completed all other required site improvements for Hammond's Ferry Section A4.A Maintenance Guarantee and cash deposit for the streets, curbs &gutters, sidewalks, required landscaping on public lands, common areas. and open space, water distribution system, sanitary sewerage collection system, and easements and rights of way for streets, sidewalks, and water and sanitary sewage systems required as part of the approved major subdivision plan has been provided by the developer.The Maintenance Guarantee insures the improvements for a period of twenty-four(24) months from the City's approval of the Final Plat (July 30, 2020),and in the event of a failure, the city will have the right to draw upon the cash deposit to complete the work. The developer provided a Performance Guarantee and cash deposit for portions of the sidewalks, street trees, and landscaping required as part of the approved site plan in order to facilitate the sale of lots and begin construction prior to the completion of site work. An additional Maintenance Guarantee will be required once those improvements are complete- We request that you sign the original Maintenance Guarantee and return a copy to the Department of Planning and Development.The original should be kept on file by the City Clerk and cash deposit forwarded to Finance until such time as the Department of Planning and Development requests the deposited funds be returned to the developer.A final copy will be sent to the developer and our office will retain one copy for our files. if you have any questions, please do not hesitate to call STATE OF SOUTH CAROLINA ) ) MAINTENANCE GUARANTEE COUNTY OF AIKEN ) NAME OF SUBDIVISION: Hammond's Ferry, Section A4 DEVELOPER/OWNER: HF Developers, LLC DATE OF FINAL SUBDIVISION PLAT APPROVAL: July 30, 2020 MAINTENANCE GUARANTEE AMOUNT: $174,000.00 WHEREAS, HF Developers, LLC. has submitted a final plat for Hammond's Ferry, Section A4, prepared by Cranston Engineering, dated December 14, 2019, for 47 lots situated in the City of North Augusta, County and State aforesaid; and WHEREAS, the North Augusta Planning Commission, meeting on August 17, 2018, did grant major subdivision plan (preliminary plat) approval for Hammond's Ferry, Section A4, and the Director of Planning and Development and the City Engineer signed the major subdivision plan (preliminary plat) on, January 24, 2019 revised March 27, 2019; and WHEREAS, the developer developed the approved major subdivision plan for Hammond's Ferry, Section A4; and WHEREAS, the City Engineer has inspected the infrastructure improvements for Section A4 and has duly certified that said improvements are, to the best of his knowledge based upon such inspection, built to the City of North Augusta design standards; and WHEREAS, pursuant to §5.8.4 of the North Augusta Development Code, the Director of Planning and Development and the City Engineer approved the final subdivision plat for recording on July 30, 2020; and WHEREAS, the Director of Planning and Development and the City Engineer recommend that the City accept from the developer a Maintenance Guarantee to insure that proper workmanship and materials were in fact used in regard to infrastructure improvements and to insure that, in the event of failure in regard to said improvements for any reason except force majeure, the City would have adequate funds necessary to return such improvements to an acceptable condition. Maintenance Guarantee — Hammond's Ferry, Section A4 Page 2 of 5 NOW, THEREFORE, as security for the maintenance by the developer of the infrastructure improvements as shown on the final subdivision plat for Hammond's Ferry, Section A4, as well as for any other improvements provided and proposed to be granted to the City by deed of dedication in accordance with §5.8.5 of the North Augusta Development Code, the developer does hereby guarantee the maintenance of the infrastructure improvements under and pursuant to the following terms. INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THIS GUARANTEE This Maintenance Guarantee shall extend to all infrastructure improvements proposed to be deeded to, dedicated to, transferred or otherwise assigned to the City of North Augusta by the developer. Such improvements shall include, where applicable, the following but not be limited to such specified improvements: A. Streets, curbs & gutters, and sidewalks; B. Water distribution system, including fire suppression elements; C. Sanitary sewerage collection system; D. Stormwater collection system; E. Required landscaping on public lands, common areas and open space; and, F. Easements and rights of way for streets, sidewalks and potable water, sanitary sewage and stormwater collection systems. REPRESENTATIONS BY THE DEVELOPER The Developer represents to the City of North Augusta that: A. For a period of twenty-four (24) months from the approval of the final plat, the improvements will not fail, for any reason, with the exception of force majeure; B. The Developer has submitted the Deed of Dedication and a monetary guarantee, in the form of a check in the amount of $174,000.00, in support of this Maintenance Guarantee in accordance with §§5.8.4 and 5.8.5 of the North Augusta Development Code within the specified time period; C. The City Engineer for the City of North Augusta shall have full and absolute discretion and authority in determining whether or not a failure has occurred in regard to the infrastructure subject to this Maintenance Guarantee. REMEDIES IN THE EVENT OF DEFAULT In the event that the City Engineer for the City of North Augusta, in his sole discretion, determines that a failure has occurred, he shall provide written notice of such failure to the developer with a request for the Maintenance Guarantee — Hammond's Ferry, Section A4 Page 3 of 5 immediate correction of said failure. In the event of failure by the developer to make such repairs as necessary within sixty (60) days of such written notice or within ten (10) days, in the event of such notice being received during the last sixty (60) days covered by this Maintenance Guarantee and check, the following conditions shall prevail: A. This Maintenance Guarantee shall be considered violated and in default with the City having full right and authority to make claims on the guarantee amount provided for herein. B. The City may make claim against the full amount of the monetary guarantee, until such time as the City is able to make the necessary repairs to the infrastructure. C. Following the completion of the repairs to the infrastructure to the satisfaction of the City Engineer, any funds remaining from the monetary guarantee shall be refunded to the developer. D. The City is entitled to compensation, at a reasonable rate, for any in-house services provided by the City for the purpose of correcting failures or deficiencies to the infrastructure. E. The City shall have full and absolute authority in regard to a determination as to party or parties contracted with for the purpose of making repairs as required. (Signature pages follow) Maintenance Guarantee — Hammond's Ferry, Section A4 Page 4 of 5 IN WITNESS WHEREOF, HF Developers, LLC. has caused these presents to b executed in its name by its duly authorized Manager this day of 20 2a. Blanchard Calhoun Re�al/Esta e C NESS THOMAS M. BLANCHARD, JR. ITS: CHIEF EXECUTIVE OFFICER ��a- ►'YYIY�1 WITNESS Maintenance Guarantee — Hammond's Ferry, Section A4 Page 5 of 5 ACCEPTED THIS 'Sh, DAY OF Sep h��r , 20 7d. City of North Augusta (Xnu � BY: WITN S 6 —CLI FFORD �J S: CITY ADMINISTRATOR _ c�jQ f�tt�)C 71 iVYK 2� WITNESS ATTACHMENT #16 Department of Planning North ,w And Development Augusta Memorandum # 20-030 Souris Caroiina's Muerfronr To: Jim Clifford, City Administrator From: Libby Hodges, Director Subject: RZT20-003, Special Exceptions in Neighborhood Preservation Overlay Date: October 21, 2020 Per the requirements of Development Code Article § 5.3.3.2, at the October 15, 2020, Planning Commission meeting, text amendment RZT20-003, Special Exceptions in the Neighborhood Preservation Overlay was presented to the Planning Commission for consideration.This text amendment was requested by the City of North Augusta to review an amendment to Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts, to amend the NP, Neighborhood Preservation Overlay District to allow the Board of Zoning Appeals to review Special Exceptions in Overlay. The current text prohibits any Special Exception in the Neighborhood Preservation Overlay.This amendment, if approved by City Council,would allow the Board of Zoning Appeals to review Special Exception applications within the Neighborhood Preservation Overlay. The Planning Commission voted unanimously to recommend approval of the text change with additional edits to § 3.8.6.2.1. A copy of the staff report, attachments, and text changes as revised, and a draft ordinance are attached. We respectfully request that the text change be forwarded for consideration at the next available City Council meeting. cc. Sharon Lamar, City Clerk, sla_mar_northau,_usta.net Kelly Zier, City Attorney, kzier__zierlawfirm.c_om Attachments (11 pages) Department of Planning North Augusts l and Development ..r��i, Project Staff Report RZT20-003 Special Exceptions in Overlay Districts Prepared by: Libby Hodges Meeting Date: October 15,2020 SECTION 1: PROJECT SUMMARY Project Name Special Exceptions in Overlay Districts Text Amendment Applicant City of North Augusta Proposed Text A request by the City of North Augusta to amend Article 3, Section 3.8.2, Amendment Establishment of Corridor Overlay Districts, of the North Augusta Development Code to amend the NP, Neighborhood Preservation Overlay District to allow the Board of Zoning Appeals to grant Special Exceptions in Overlay Districts. SECTION 2: GENERAL DESCRIPTION On September 15, 2020, the Planning and Development Department submitted an application on behalf of the City of North Augusta requesting text amendments of the North Augusta Development Code related to Article 3, Section 3.8.2, Establishment of Corridor Overlay Districts.The request is to amend the restrictions of the NP, Neighborhood Preservation Overlay District to allow the Board of Zoning Appeals to grant Special Exceptions in Overlay Districts. 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 1 Project Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 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. 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 Page 2 of 9 Project Staff Report RZT2D-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 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. 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,though analysis and commentary is provided for review. Page 3 of 9 Project Staff Report RZT20-003 special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 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 Aiken Standard and on the City's website www.northouausta.net on October 1,2020. 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 of the new Development Code. 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. «=ke Tex•:text proposed to be removed. The affected section reads as follows: 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 firstfloor 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. Page 4 of 9 Project Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 3.8.6.2.3 "e use WhiCh FeqUiFes a specialexception is peFFRi" a Uses which require a special exception may be granted by the Board of Zoning Appeals with conditions. 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. Staff Introduction and Analysis In reviewing a request for a Special Exception in the Neighborhood Preservation Overlay District, staff has identified several inconsistencies within the current code.This text amendment intends to address those inconsistencies, while recognizing that uses identified as Special Exceptions are uses that have been identified as requiring additional scrutiny under the Development Code. It is important to note that uses prohibited in the overlay or by zoning district would remain prohibited. The Board of Zoning Appeals is not authorized to allow uses not allowed under the base zoning. For example, the Neighborhood Preservation Overlay (NADC Section 3.8.6.2.2) prohibits drive-in, drive-up and drive-through facilities, indoor or outdoor sales of equipment, motorcycles or automobiles,gasoline sales and automobile service stations,and automobile and motorcycle repair. These would remain prohibited within the overlay. As an example, an R-7 property,inside or outside the overlay,would not be allowed be used as an Outdoor Flea Market per the use matrix(Table 3-2). However, if passed, a GC zoned property within the overlay could request a Special Exception. The Board of Zoning Appeals would then follow the procedures outlined below to review the Special Exception. Staff has provided the following review of the purpose and procedures related to the Neighborhood Preservation Overlay and Special Exceptions for review. Page 5 of 9 Proiect Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by: Libby Hodges Meeting Date:October 15,2020 Review Standards for Special Exceptions North Augusta Development Code Article 5 provides information about what a "quasi-judicial" decision is and how those reviews are conducted.The Development Code states the following: "5.1.1.2.b.Quasi-Judicial Decisions:A quasi-judicial decision involves the application of a standard required by this Chapter to an application. Some of the applications require a public hearing. Procedural due process requirements apply as established in §5.1.4. Examples include variances,special exception permits,appeals,adjustments and waivers. 5.1.4.5 Quasi-Judicial Public Hearing Procedures— a. Generally:This section applies to any application for a variance, appeal,special exception or any other action pursuant to this Chapter which is considered quasi- judicial under South Carolina law. In making quasi-judicial decisions,the decision makers must ascertain the existence of facts, investigate the facts, hold hearings, weigh evidence and draw conclusions from them,as a basis for official action,and exercise discretion of a judicial nature. In the land use context, quasi-judicial decisions involve the application of land use policies to individual situations,such as variances, and appeals of administrative determinations. These decisions involve three key elements: the finding of facts regarding the specific proposal, the exercise of some discretion in applying the standards of the ordinance and reaching conclusions of the applicable law in the case. Due process requirements for quasi-judicial decisions mandate that all fair trial standards be observed when these decisions are made. This includes an evidentiary hearing with the right of the parties to offer evidence; cross-examine adverse witnesses; inspect documents; have sworn testimony; and have written findings of fact and conclusions supported by competent, substantial, and material evidence." In addition, Development Code Article 18 outlines the review criteria for Special Exceptions: "18.4.5.4.3 Special Exception— a.Special exceptions are subject to additional scrutiny to insure that the health, safety and general welfare of the community and the area where the special exception use is proposed will not be harmed. (continued, next page) Page 6 of 9 Project Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 b. Permits for special exceptions shall be evaluated by the Board of Zoning Appeals on the basis of the following criteria: 1.That the special exception complies with all applicable development standards contained elsewhere in this Chapter and with the policies contained in the Comprehensive Plan. (Rev. 12-1-08; Ord. 2008-18) 2.That the special exception will be in substantial harmony with the area in which it is to be located. 3.That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right. c. In granting a special exception,the Board of Zoning Appeals may attach such additional stipulations, conditions, or safeguards that, in its judgment, will enhance the proposed special exception use and promote the public health,safety or general welfare." These sections outline that the uses identified as "Special Exceptions" are required to have additional scrutiny under the procedures followed by the Board of Zoning Appeals. The quasi- judicial hearing process must follow the requirements of Article 5 and Article 18.These hearings include public advertisement (both written and online media) and on site (per NADC Table 5-1) and provision for public comment. This process also allows for the application of conditional approvals, which may impose additional conditions on projects on a case-by-case basis. Staff notes that conditions are not allowable though rezoning or most other Planning Commission procedures. Evaluation of any Special Exception application would require reference to the Neighborhood Preservation Overlay purpose statement, as Special Exception review criteria states in item b. 1. "That the special exception complies with all applicable development standards contained elsewhere in this Chapter and with the policies contained in the Comprehensive Plan. (Rev. 12- 1-08;Ord.2008-18)"Additionally,several Special Exceptions are subject to additional regulations outlined Article 4, Supplemental Use Regulations, such as Bed and Breakfasts and Cell Towers, which staff verifies as part of the site plan approval process. The Neighborhood Preservation Overlay purpose section states: "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. Page 7 of 9 Proiect Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 (continued from page 7) 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." The purpose statement recognizes that "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."Additionally,the purpose states, "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." The intent is stated that, "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." Staff notes that the Comprehensive Plan echoes this language as well, prioritizing infill and redevelopment (Goal 4). Special Exceptions may also offer an opportunity for adaptive reuse of historic properties (Goal 8), as many of these are not easily maintained as single-family residences.There are several examples of these along Georgia Avenue. Page 8 of 9 Proiect Staff Report RZT20-003 Special Exceptions in Overlay Districts Text Amendment Prepared by:Libby Hodges Meeting Date:October 15,2020 Staff believes these statements would appear to support the general allowance for Special Exceptions within the corridor, as this would allow a uses that could potentially support the adaptive reuse of properties, but would require additional scrutiny and allow for the placement of conditions on the approval that would not be available through rezoning or removal from the overlay district. Staff notes that the number of Special Exceptions uses are very few, with the most exceptions allowed under the General Commercial zoning district.A list of zoning districts and the respective Special Exceptions is provided at the end of this report. Staff recognizes that the Neighborhood Preservation Overlay was adopted to support and protect existing neighborhoods with the overlay, however, staff also recognizes that the overlay district encompasses several zoning districts and unique situations that may be better served through use of Special Exceptions. By prohibiting any review of these uses, staff believes the purpose of the Special Exception is being circumvented. SECTION 7: ATTAC IVIENTS 1. Public Notice 2. Application Documents 3. Neighborhood Preservation Overlay written description and map 4. Parcel Analysis in Overlay S. List of Special Exceptions by District 6. Revised Development Code Text cc Jim Clifford, City Administrator Rachelle Moody, Assistant City Administrator Page 9 of 9 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 October 15, 2020, in the Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina, to receive public input on the following application: RZT20-003-A request by the City of North Augusta to amend Article 3, Zoning Districts, Section 3.8.6.2 Permitted Uses in the NP, Neighborhood Preservation Corridor Overlay District of the North Augusta Development Code to allow Special Exceptions as granted by the Board of Zoning Appeals within Overlay Districts. Documents related to the application will be available for public inspection after October 8, 2020 in the Department of Planning and Development on the second floor of the North Augusta Municipal Center, 100 Georgia Avenue, North Augusta, South Carolina and online at www.northaugusta.net All residents and property owners interested in expressing a view on the case are encouraged to attend or provide written comments to planning aC)northaugusta.net, or by phone at 803-441-4221. CITIZEN ASSI TANCE: jIndividuals 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. Due to COVID-19, please visit www.northaugusta.net for any updates to meeting format, location or procedures prior to the meeting. Application for Development Approval North !�" , Augusta^/ Please type or print all information South Carolina's RiuerJront Staff Use Application Number _ �ZTZtt -CG3 Date Received �I IS �2CZ0 Review Fee _ N� Date Paid tjP _ 1. Project Name r�Xfi rrinG+ V^��t��� -_$ GL1N1 `X( Yfiov+J iw t7VCV1AQ DVS _cf5 Project Address/Location Of j�7or+1.V /}r.t�} uS`Ri Total Project Acreage - _ Current Zoning Tax Parcel Number(s) 2. Applicant/Owner Name -_ i h 04 T)aYi'" A-AIIAC Applicant Phone Mailing Address ?- 0 _8px ft`fD0 City 00rTti "uCtA- ST $L Zip 26lsfflY Email ?IAhNin� �VlvYfl�rilrcL�USfG.Vrt} 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. Engineer/Architect/Surveyor _ License No. Firm Name Finn Phone Firm Mailing Address City _ ST Zip Email Signature _ Date 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 JjlI �202D 7 - ,— Applicant or Designate)Agent Signature Date Livb �i Nccl_�es Print AppTcant or Agent Name 112013 RZT20-003 Special Exception in Neighborhood Preservation Overlay Attachments Written Location of the Overlay 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 VIP City Limits Boundary < . F Li S'- b• S x N e�ghborhood Preservation Ove riay a rLR�jc f y r� Pr Ezcl of Y L J neigSg nmcag Tgsgmoen Ovenay Onorth Augusta Cry Lmin Parting _ - ff I Zoning Cade CR �� ®D GC AND - NC PD R-:04 R�la ` .o`f.} r� 5 120 R-] a loop coo _ ]unll �11t;1�tirr�, Neighborhood Preservation Overlay Area for the City of North Augusta RZT20-003 Special Exception in Neighborhood Preservation Overlay Attachments Parcel Analysis in Overlay Within the Overlay area,nine different zoning districts are represented.The zoning and number of parcels within these districts are roughly as follows: Zoning Number %Total D 11 3% GC 34 8% OC 92 22% P 3 1% PD 2 0.5% R-5 10 2% R-7 143 34% R-10 56 13% R-14 74 17% Total Parcels: 425 Total Commercial 126 30% Parcels: Total Residential 283 67% Parcels: Total Special 16 4% Districts(0, PD, P): RZT20-003 Special Exception in Neighborhood Preservation Overlay Attachments Special Exceptions by District D-Downtown • Gasoline stations/Service Stations (prohibited per 3.8.6.2.2) • Cell Towers,communication towers,and antennae(subject to Section 4.8) GC—General Commercial • Automobile and truck rental • Car,truck, boat or marine craft sales and/or service • Fireworks • Flea Markets(out of doors) • Trailer rentals • Carpentry,floor,and tile contractor • Contractor's offices with outdoor storage areas(including equipment storage) • Electrical component assembly operations • Light assembly of premanufactured parts • Miniwarehouse/self-storage • Warehouse and distribution structures • Freight Terminals and truck terminals • Gas or electric generation distribution facilities, compressor stations, or substations • Public utility storage and service yards OC—Office Commercial • Gasoline stations,service stations(prohibited per 3.8.6.2.2) P—Public Use (uses not listed in Use Matrix) PD (uses not listed in Use Matrix) R-14—Large Lot,Single Family Residential • Bed and breakfast • Cell Towers,communication towers, and antennae(subject to Section 4.8) • Gas or electric generation distribution facilities,compressor stations,or substations R-10—Medium Lot,Single Family Residential • Bed and breakfast • Cell Towers,communication towers, and antennae(subject to Section 4.8) • Gas or electric generation distribution facilities,compressor stations, or substations RZT20-003 Special Exception in Neighborhood Preservation Overlay Attachments R-7—Small Lot,Single Family Residential • Bed and breakfast • Cell Towers,communication towers,and antennae(subject to Section 4.8) • Gas or electric generation distribution facilities,compressor stations,or substations R-5—Mixed Residential • Bed and breakfast • Cell Towers,communication towers,and antennae(subject to Section 4.8) • Gas or electric generation distribution facilities,compressor stations,or substations ARTICLE 3 —ZONING DISTRICTS DRAFT REVISION FOR 10-15-20 PC 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 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 Uses which require a special exception may be granted by the Board of Zoning Appeals with conditions. 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 North Augusta Development Code 3-60 ARTICLE 3—ZONING DISTRICTS DRAFT REVISION FOR CITY COUNCIL (PC10-15-2020) 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 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 unless allowed by Special Exception. 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 U69 Whigh requires a speGlal exception Is perm4ted-. Uses which require a special exception may be granted by the Board of Zoning Appeals with conditions 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 North Augusta Development Code 3-60 ORDINANCE NO. 2020-xx AMENDING ARTICLE 3 ZONING DISTRICTS, 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 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 Planning Commission, following a October 15, 2020, public hearing, reviewed and considered a request by the Planning and Development Department to amend Article 3, Section 3.8.6 entitled "NP, Neighborhood Preservation Corridor Overlay District," of the North Augusta Development Code to allow Special Exceptions within the overlay. 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 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. Article 3,NP,Neighborhood Preservation Corridor Overlay District, Section 3.8.6.2, Permitted Uses, is amended to read: 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 unless allowed by Special Exception. Parking is not permitted as a principal use. And 3.9.6.2.3 Uses which require a special exception may be granted by the Board of Zoning Appeals with conditions. B. Any other needed formatting will be edited to reflect new page numbers, titles or item numbering associated with the text changes outlined herein. Il. 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 second reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS DAY OF 12020. First Reading Robert A. Pettit, Mayor Second Reading ATTEST: Sharon Lamar, City Clerk ATTACHMENT #17 ORDINANCE NO. 2020-33 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDWONERS AND ANNEXING= 14.3 ACRES OF PROPERTY LOCATED ALONG EDGEFIELD RD AND OWNED BY JO M PINNER,NORMAN Nl. PATE AND JOSEPH H. PATE 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, have reviewed the petition of the landowners requesting that their property be annexed into the City and determined that such Petition should be accepted and the property annexed into the City; 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 Petition of the landowners is accepted and the following described property shall be annexed into the City of North Augusta: A parcel containing±14.3 acres located along Edgefield Road, as shown on a plat made for Norman M. Pate and Jo M. Pinner by Tripp Land Surveying, Inc., dated May 7, 2013, and recorded in Misc. Book 57, Page 203, records of Aiken County, South Carolina, including all adjacent right-of-way. Tax Map & Parcel No.: 011-07-01-003 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 October 1, 2020 and prepared by the City of North Augusta. I1. The zoning classification shall be GC, General Commercial, 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 1, 2020, 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 repeated. IV. This Ordinance shall become effective immediately upon its adoption on second 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 2020. First Reading: Second Reading: Robert A.Pettit, Mayor ATTEST: Sharon Lamar, City Clerk STATE OF SOUTH CAROLINA ) PETITION FOR ANNEXATION OF t 14.3 ACRES OF PROPERTY LOCATED ALONG EDGEFIELD ROAD OWNED BY JO M. PINNER, COUNTY OF AIKEN ) NORMAN M. PATE AND JOSEPH H. PATE 1,the undersigned, as freeholder and owner of property located at 515 Carolina Springs Road,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 property sought to be annexed is a portion of the parcel described as follows: A parcel containing f14.3 acres located along Edgefield Road, as shown on a plat made for Norma M. Pate and Jo M. Pinner by Tripp Land Surveying, Inc., dated May 7, 2013, and recorded in Misc. Book 57,Page 203, records of Aiken County, South Carolina. Tax Map& Parcel No.: 011-07-01-003 The property to be annexed is also shown on a map identified as"Exhibit A"titled"Map of Property Sought to be Atmexed to the City of North Augusta"dated October 10,2020, and prepared by the City of North Augusta. This petition dated the day of 2020. Property Owner Signatures Witness Witness Jo M.Pinner i Witness Norman M. Pate Joseph H. Pate i September 1,-070 North Augusta Planing and Zoning To Whom It May Concern: We would Like to formally request annexation of the toLlow-ing property,into the City of North Augusta.Also, we would Like to request a zoning distri_t designation of GC. Subject Property: Tax Parcel:011-07 G1-W3 The current owners of the property are Jo M.Pinner,Norman M.Pate,and Joseph R Pate. Thank vou: X h X X September 1,2MO North Augusta Planning and Zoning To Morn It M4av Concern: %ke wonfd Like to formally request annexation of the following property ito the City of North Augusta. Also,we would like to request a zoning district designation of,:C. Subject Property- Tar Parcel:Ll t1-07-M-©03 The current owners of the property are Jo M.Pinner,Norman M.Pate,at d Joseph H. Pate. Thank you, X X >6. North teegvtt�ta 1'LTn vng.and A to Whoni It \.M: L,nt,:e n %W twalrt hke&t lornTaltc request OIMII .utWnv x,t the tLxtt.n_tnx;praxpeeEt into the City of\orth \mgresta \F>,� exe a.•ouh61iAe 0.x c�.lerctit,xn+ctnc�tLttitri.t.It�i.Mltton k1f GC. Subject Property- Fax Parcel 011{t:-01-00 E hr.orrcnt nx.nets of the pnsperh are jo \t i'inn,,r \omian\I rate. and j,�ph it fate EXHIBITA 0-k tip \ryp ry0 -Il �Q. 6 120EBEXSOFF FRONTAGE Current Municipal Boundary Inside City TPN 011-07-01-003 Approximately 14.3 acres GP�KE Outside City', New Municipal Boundary NO G� ti F�2 G`r2 Z�N Sco��Fc ro lvc�rtl1 � ANX20-038 �E � MAP OF PROPERTY A� Qusta b SOUGHT TO BE ANNEXED D�Miles .`iOU!il C011111ll(1:ti l{Il'(l�fO1 if Da n101 0.09 012 TO THE CITY OF NORTH AUGUSTA Date:: 10n12020 J t m EXHIBIT B Q 7 2 do 120EBEX5011 FR TAGE Current Municipal Boundary R-5 r w Outside City TPN 011-07-01-003 GC, General Commercial � j 90PJGP f New Municipal Bounda / 6" w FPgZ�� s?s°°titi F �r North �� ANX20-038 �E ALI usta\ ZONING OF PROPERTY SOUGHT TO BE ANNEXED 00D1503®Z"e5 Srnri I Currdu urn Hju i(rrn it TO THE CITY OF NORTH AUGUSTA Date: 10/l/2020 I \ \(: .�'ulurWna WW4.YnYrsi l'�'Xu'w>rN•rn u4A�N WN.!¢ >.WNIR '.I . \� � W RI WlirtµM nXWNrfYOIP n11NM1 NM lir � qA 1 w A n 4mo uu ieiv f nn¢u,N� N V _ nn>eep-er>an�me A 4 h \ PN>vLRI a ryRK1 R¢nWn[a nA • Y �R/c�. � [N}� I i¢tlYN 0>IM(, L>' • �r tlyr YY OI n1f NM1en Y>nll WR¢I 1��qp :'. JI/G n"i^i•e ; \ �� \ \1� YIY nnlF11 YY'R Slle[fi NR I uW'irN•"i[u4nln YY'1'�'. la/) , _ N Ij �sA f , �' ,/f•[ 44 \ �� � "� NM°NnWMFr ers n'm„e oCAVON NAP - NTS O�+ ar \ '.• ��y�•pb N- <ii olaAm> � '�,Ad \ co ,/,R '•\ \ �,M1> � µtKYJYa WIV IYawnY[n A.• ��1' .ww�y-j�-J: - rr.rY...r 1 �. � a a..»•a /� J '•- i'.�,'. _ n.. ;:;.':.^^. w..,. \ �nie>Imllr u[Uw°fii lnuwe. r r >w \ nmSbnl Kw�aeX f \\ 1 amrp w)J]M1/� .•�N.!>T���>�=ry ttYN TOiK N0A0 iAdTME. 1]aY.]Y ., 1�\ 1 �.� f r [or[ l •w WrLW¢ ' `lrv.TM1�•[Nr Np T>�G \ 1 4mWu>[wr> C9F •^.�K.w, Y,� \ \ 20130/2113 ` �/.� >f f > � C[w � 1, - > •fir=unrave�m 1 .. ..e.,.. .., .,._ Q f r I 6 Y �"JN•.- >A 1 $ 05 1 A20100246 PM WT m„ 1 rAJe• 1 SN:•. �. n.r rmr.li. AVENUE I` > f mr r. f "/a'r4Y 6 hr "hrRY•.., R6a uu 1 1 P6 67 \, _ � 1 c PG•jtl9-20J BLOWUP ' •I E ACREAGE BREAKDOWN ` r/ - 1 a r•�- II I raw Awrs!o«rw•a aRCO / / 1 1 o>v AfArs fNew scour AM/ 1 a TOTAL ACRES - 14.a0 ACRES wai nr n eY '�2, y 1 C p n[NXrrrL`,YL>RY]1.[r Y II I f. I I r LINE TABLE N07E4: AmomCE61 r nT r1[[p NWM1Y M[>L4w,[M1p >/bl )))1 • 6r Mu>u IMR AAY N ASC AU GA LAKE pJ. \' �` u CURVE TABLE A >:¢+I n<wR nmra4rrrYl e � I/pX.u/nw-w mnr wrnl L K Ian^[ f h exa n .I rvX wn)> •.re r�/n,re.• r.rr Lr /4^'Yl•2T 'IWPWMIYW,01-)m¢ W[6n44/W e Ern mon-m-pi-m> - Irx¢.,in-a-a,-,n ISYonpyiNBA:ir-¢-mn r.m Rr>uA4 VYCt}7}1 �M1t11 3urvPgiztg, JitC• oYn�r.I.X>a y �kr p nr.aA s...r4a r^<.w nyr.nr...X NA r.un AMuul[w•I+I Wnn.r.nnrw __- ppg ____Y,,.X,.n,. ..,,>;�,„ .• RpWTHRpp LAM SURVEYOR �uw[ r.wY n r¢/n[ m m PIA7 a'AauroMr wwvFr >a 9oum CAPOUNA 15It0 •s,,,nrmu,rt.n rn>)• Oe0R0u Ileao - ,u orw wen m N u4Ya.w1 NRM var]\nam,n NQFjM/� M+ M'I Olt cow w¢IM-Ore .JQ PA PINNLC2 F .i.N.rw>rNn.n�.[ m wr u>mn m ...>wnn•rw�>r.. Nlwlrltl wu nY4u tlRF p.n.Y.>i>,ioi> I ` Y R>/It.W Irp lill W'>T ¢W rY>I6>IlAvrvgr'[Ie ILL(Wl>N W WYMMI L _-.._ PJ aoN tl FWM AIKEN COUNTY ASSESSOR 20'19�19592 Tax Map: AIKEN COUNTY AUDITOR 041-07-01-003 Charles T.Barton DEED Date:08/13/2019 Endorsed 99/19/2049 RECORDING FEES S50 00 STATE TAX AIKEN COUNTY AUDITOR s PatUNTYTAY, wEO' SD.00 Chess T.Barton ()8-Q6-2019 01:40 PM Endorsed 0911 912 01 9 JUDrrH WARNER vems>��w<-+�caVv�.a Please return to: ,+ s ,r ar","R nGDr UTY Patrick IC Zier,Esquire B K: RB 4793 Zier Law Funs,LLC PG: 885 - 888 602 West Ave. North Augusta,South Carolina 29841 E-18-32 STATE OF SOUTH CAROLINA } IN THE PROBATE COURT COUNTY OF ARCEN Trn.E NoTEXAmE4m BY DRAFTING ATTORNEY IN THE MATTER OF THE F.SSrT-ATE OF NORAIA NIATMS PATE CASENOM©ER 2018-ES 02 0117_� 1 D QF DISTRIBUTION WHEREAS,the decedent entered igt5&r on the 19u Day of January, 20184 and WHEREAS,the Estate is being adm'i i red in the Probate Court for Aiken County, South Carolina in Case Number 2018-ES-02-0117;atu7, WHEREAS,the grantee(s)herein is/are either a beneficiary or heir at law,as appropriate,of the decedent;and, WHEREAS, the undersigned Norman Mathis Pate, Personal Representative is the duly appointed and qualified fiduciary in this matter,and, Now,THEREFORE, in accordance with the laws of the State of South Carolina,the Personal Representative has granted,bargained, sold and released,and by the Presents does grant,bargain, sell and release all of the decedent's right, title, and interest in and to the following described property: NAME: NORmAN MATms PATE-'/.1NTERFsr JosEpu H.PATE—'/s INTEREST TAX NOTICE ADDRESS: POST OFFICE BOX 885 W Fsr POINT,VTRGvaA 23181 SEE EXHIBIT"A" TOGETHER,with all and singular Rights, Members, Hereditaments and Appurtenances to the said Premises/Property belonging,on in anywise incident or appertaining. To HAvE AND To HOLD, all and singular, the said Premises/Pmperty unto the said NoRmAN MATFDS PATE AND JOSEPH H.PATE their heirs and assigns forever. IN WITNESS WHEREOF, the undersigned Personal Representative of the Estate of the decedent,has executed this Deed this 3-day ofJuly,2019. ESTATE of Not IVIAy/MJATHIS PATE �d3Y NORM AN MAATTHIS PATE > ITS:PERsoNALREPResa mTlve 22;1&A WUNEA I _ t WITNFss 2 COMMONWEALTH OF VIRGINIA) COt my!- ;t j WGG447+ ) BEFORE ME, personally appeared the undersigned witness and made oath that(s)he saw the within named Grantor sign,seal and as Gtantoes art and deed,deliver the within written Title to Real Estate,that (s)he with the other witness subscribed above, witnessed the execution thereof and that the subscribing witness is not a party to or beneficiary of the transaction. ,t{L.Ltcezts W s(1) SwoRNTOBFFOREMETHIS MARY ANN SEWARD DAY OF JULY,2019 NOTARY PUBLIC PEG. #324734 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT 31,2019 MAW(PRINT): '1 A Se4l-4,-W. NOTARY PUBLIC FOR MY COMWSSION EXPIRES: STATE OF SOUTH CAROLINA ) } ATTORNEY'S AFFIDAVIT COUNTY OF AIKEN } IN THE MATTER of THE ESTATE OF NORmAN MA IIIS PATE CASE NUMBER 2018•ES-02-0117 Personally appeared before me the undersigned attorney,who being duly sworn, certifies that he is licensed to practice law in the State of South Carolina;that he has prepared the Deed of Distribution for the Personal Representative in the Estate of Norma Mathis Pate, deceased, and that the grantee(s) therein is/are correct and conform to the Estate file for the above-named decedent. �J Patrick K.Zier,Esquire South Carolina Bar No.75724 S OIjIJ TO before me this TXy of July,2019 Dehra S.Krepps NOTARY PUBLIC FOR SOUTH CAROLINA My Commission Expires:October Wh 2023 PROPERTY DESCRIPTION All that certain piece,parcel or lot of Land,together with the improvements thereon,containing 15 acres,more or less,situate in the County of Allen and State of South Carolina, and bounded now or formerly as follows- NORTHEASTERLY and EASTERLY by ll. S. Highway No. 25; SOUTHEARLY and SOUTHWESTERLY by lands now or formerly ofJ.J_Hudson, lands of O. B. Whatley, lands of P.E.Cook and lands of Mrs George Walker,and NORTHWEST by Part 2 on plat hereinafter referred to_ The property is known and designated as Part I on a plat of the subdivision of property of W. H. Mathis Estate and D. T. Mathis made by K. L. Wise, dated in August, 1958,and recorded in Plat Book 1,at page 148,of the records of Aiken County. Being the same property conveyed to Willie Jo Mathis Pinner and Norma Mathis Pate by Deed of Distribution ofthe Estate"ofD.T.Mathis dated August 24, 1992,filed for record August 25, 1992, and recorded in Deed- 1341 at Page 220, Office of the RMC for Aiken County, South Carolina_ TAX PARcm NumBER:011-07-01 1