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020722 Council Mtg Mins Adopted North AugusAa / South Carolina'S Riuerfront MINUTES OF FEBRUARY 7, 2022 Briton S. Williams, Mayor J. Robert Brooks, Councilmember Pat C. Carpenter, Councilmember Jenafer F. McCauley, Councilmember David W. McGhee, Councilmember Eric H. Presnell, Councilmember Kevin W. Toole, Councilmember ORDER OF BUSINESS Public Power Hour was streamed for public viewing online at: "City of North Augusta —Public Information' on www.Facebook.com and "City of North Augusta Public Information' on www.YouTube.com. PUBLIC POWER HOUR The February 7, 2022 Public Power Hour began at 5:30 p.m. Members present were Mayor Williams, Councilmembers Brooks, Carpenter, McCauley, McGhee, Presnell, and Toole. Also in attendance were Ricky Jones, Manager of Information Technology and Sharon Lamar, City Clerk. There were no speakers present the Public Power Hour adjourned at 5:45 p.m. REGULAR MEETING The regular meeting of the City Council of the City of North Augusta of February 7, 2022 having been duly publicized was called to order by Mayor Williams at 6:00 p.m.and also streamed online for public viewing at "City of North Augusta—Public Information" on www.Facebook.com and on the City YouTube page: "City of North Augusta Public Information" then adjourned at 7:40 p.m. Per Section 30-4-80, (e) notice of the meeting by email was sent out to the current maintained 1 "Agenda Mailout" list consisting of news media outlets and individuals or companies requesting notification. Notice of the meeting was also posted on the outside doors of the Municipal Center, the main bulletin board of the Municipal Center located on the first floor, and the City of North Augusta website. Mayor Williams rendered the invocation and the Pledge of Allegiance. Members present were Mayor Williams, Councilmembers Brooks, Carpenter, McCauley, McGhee, Presnell, and Toole. Also in attendance were James S. Clifford, City Administrator; Rachelle Moody, Assistant City Administrator; Kelly F. Zier, City Attorney; Cammie T. Hayes, Chief Financial Officer; John C. Thomas, Director of Public Safety; Richard L. Meyer, Director of Parks, Recreation and Tourism; Thomas L. Paradise, Director of Planning and Development; Ricky L. Jones, Manager of Information Technology, and Sharon Lamar, City Clerk. The minutes of the regular City Council meeting of January 3, 2022;the Special Called Virtual City Council meeting of January 11, 2022; the Leadership Planning Retreat of January 26, 2022; and the Study Session of January 31, 2022 were approved by general consent. ITEMS. ANNEXATION: Ordinance No. 2022-01—To Change the Corporate Limits of the City of North Augusta by Accepting the Petition Requesting Annexation by the Landowner and Annexing±0.26 Acres of Land Located at 331 Belair Road and Owned by Nex Ventures Realty, Inc.; Ordinance—Second Reading On the motion of Councilmember Presnell,second of Councilmember Carpenter,Council agreed to consider an ordinance on second reading to change the corporate limits of the City of North Augusta by accepting the petition requesting annexation by the landowner and annexing±0.26 acres of land located at 331 Belair Road and owned by Nex Ventures Realty, Inc. Councilmember Toole recused himself from the discussion of this ordinance.There were no comments from citizens. Council approved the first reading of the ordinance with a unanimous 6-0 vote and one recusal. Please see ATTACHMENT#5 for a copy of Councilmember Toole's recusal form. A copy of the proposed ordinance below: ORDINANCE NO. 2022-01 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNER AND ANNEXING ± 0.26 ACRES OF LAND LOCATED AT 331 BELAIR ROADAND OWNED BY NEX VENTURES REALTY, INC. 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 2 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 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 City Council hereby accepts the Petition for Annexation as submitted by the Property Owner. if. The following described properties shall be annexed into the City of North Augusta: A portion of the parcel containing ±0.26 acres located at 331 Belair Road, Tax Parcel Number 012-09-02-045, being shown and designated as Lot 19 Bock 11 of Belvedere Ridge on a plat recorded in Plat Book 1, page 154, records of the RMC for Aiken County, South Carolina.This being the parcel identified as "Parcel No. 1" in the deed from Midfirst Bank to Nex Ventures Realty, Inc. recorded in deed book 4818 page 956 at the RMC for Aiken County, South Carolina. Tax Map & Parcel No.: 012-09-02-045 III. The zoning classification shall be R-10, as shown on a map identified as "Exhibit B" titled "Zoning of Property Sought to be Annexed to the City of North Augusta," IV. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such conflict, hereby repealed. V. 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 2022. ITEM 6. BOARDS AND COMMISSIONS: Appointments— Recommendations by Mayor Mayor Williams recommended the following appointments to the Building Code Board of Appeals; Board of Zoning Appeals; Planning Commission; Municipal Election Commission; and 3 Parks, Recreation, and Tourism Advisory Commission. On the motion of Councilmember Brooks, second of Councilmember McCauley, Council approved the recommendations unanimously 7-0. Name Term Expires New/Reappointment Building Code Board of Appeals Allan Coutts 1/31/23 New Appointment Board of Zoning Appeals William H. Burkhalter,Jr. 1/31/26 Reappointment Planning Commission Rett Harbison 1/31/26 New Appointment Municipal Election Commission Ben Watson 1/31/28 Reappointment Parks, Recreation, and Tourism Advisory Commission Randy Mosley 1/31/26 New Appointment Steve Ethun 1/31/26 New Appointment ITEM 7. PLANNING AND DEVELOPMENT: Resolution No. 2022-05—Agreement between the South Carolina Department of Transportation the City of North Augusta and the Augusta Regional Transportation Study On the motion of Councilmember McCauley, second of Councilmember Carpenter, Council agreed to consider a resolution to enter into an agreement between the South Carolina Department of Transportation, the City of North Augusta, and the Augusta Regional Transportation Study. There were no comments from citizens. City Administrator, Jim Clifford explained this resolution would approve an agreement with South Carolina Department of Transportation to conduct a Georgia Avenue Traffic Calming and Pedestrian Access Project study. Council voted 7-0 to approve the resolution. Please see a copy of the proposed resolution below: RESOLUTION NO. 2022-05 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AGREEMENT AMONG THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE CITY OF NORTH AUGUSTA, AND THE AUGUSTA REGIONAL TRANSPORTATION STUDY WHEREAS, the City of North Augusta desires assistance from SCDOT to conduct a study to evaluate options for the Georgia Avenue Traffic Calming and Pedestrian Access Project; and 4 WHEREAS, SCDOT is an agency of the State of South Carolina with the authority to enter into contracts necessary for the proper discharge of its functions and duties; and WHEREAS,ARTS-SC is a public agency with the authority to enter into contracts necessary for the proper discharge of its functions; and WHEREAS,the City of North Augusta is a body politic with all rights and privileges of such including the power to contract as necessary and incidental power to carry out the City of North Augusta's functions regarding this agreement. WHEREAS, on March 15, 2021 City Council adopted Resolution No. 2021-09, authorizing surplus funds from the Planning and Development Department's 2020 fiscal year's budget to be used for transportation studies, including $43,000 for the Georgia Avenue Traffic Calming and Pedestrian Access Study and the $43,000 is available in Account 18-4055-265 of the Capital Projects Fund with said match not to exceed $10,000, and WHEREAS,the City of North Augusta has received a reimbursable grant from the Augusta Regional Transportation Study (ARTS) in the amount of $50,000 with a required 20% match to conduct the Georgia Avenue Traffic Calming and Pedestrian Access Study that is formalized by this agreement, and WHEREAS, the City Administrator may be authorized to execute agreements by City Council for actions they approve; and WHEREAS, Mayor and Council determined it in the best interest of the City. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta, to enter into this agreement with SCDOT and SC-ARTS to conduct the Georgia Avenue Traffic Calming and Pedestrian Access Study and: 1) Authorizes not more than $10,000 of City funds from Capital Projects Fund Account 18-4055-265 to be utilized; and 2) The City Administrator is authorized to execute the agreements DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12022 ITEM 8. ZONING: Ordinance No. 2022-02—To Amend the Zoning Map of the City of North Augusta South Carolina bV Rezoning±8.34 Acres of Land Owned bV SC North Augusta Buena Vista LLC Aiken County Tax Parcel #007-12-12-009,#007-12-12-007,#007-12-12-006, #007- 5 12-12-005 from GC General Commercial to PD, Planned Development; Ordinance - First Reading On the motion of Councilmember Presnell, second of Councilmember Toole, Council agreed to consider an ordinance on first reading to amend the zoning map of the City of North Augusta by rezoning±8.34 acres of land owned by SC North Augusta Buena Vista, L-C, Aiken County Tax Parcel #007-12-12-009,#007-12-12-007, #007-12-12-006, #007-12-12-005 from GC, General Commercial to PD, Planned Development. Jim Clifford, City Administrator, explained Items 8 and 9 reference the same property. Item 8 seeks to rezone four parcels of land from General Commercial to Planned Development to bring all parcels into the same zoning classification and meet the requirements for the general development plan in Item 9. (See citizen and Council comments with Item 9.) Council approved the first reading of the ordinance with a unanimous 7-0 vote. Please see a copy of the proposed ordinance below: ORDINANCE NO. 2022-02 TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY REZONING ±8.34 ACRES OF LAND OWNED BY SC NORTH AUGUSTA BUENA VISTA, L-C, AIKEN COUNTY TAX PARCEL #007-12-12-009, #007-12-12-007,#007-12-12-006, AND#007-12-12-005 FROM GC, GENERAL COMMERCIAL TO PD, PLANNED DEVELOPMENT WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code and a citywide Zoning Map which is consistent with the City's North Augusta 2017 Comprehensive Plan; and WHEREAS, pursuant to Section 5.3, North Augusta Development Code, the North Augusta Planning Commission may recommend amendments to the Zoning Map, provided such amendments are consistent with the City's North Augusta 2017 Comprehensive Plan; and WHEREAS, the North Augusta Planning Commission, following a January 19, 2022 public hearing, reviewed and considered a request by SC North Augusta Buena vista, LLC to amend the Official Zoning Map of North Augusta from GC, (General Commercial)to PD (Planned Development)for tax parcel#007-12-12-009,#007-12-12-007,#007-12-12-006, and#007-12-12- 005 and unanimously recommends the request. The staff report and results of this hearing have been provided to City Council. 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: 6 I. A parcel consisting of +8.34 acres owned by SC North Augusta Buena Vista LLC, is hereby rezoned from GC, (General Commercial) to PD (Planned Development). Said property is Aiken County for tax map parcel #007-12-12-009, #007-12-12-007, #007- 12-12-006, and #007-12-12-005 and specifically identified as Exhibit "A" attached hereto. II The Official Zoning Map for the City of North Augusta is hereby amended to reflect this rezoning. 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 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 12022. ITEM 9. PLANNING AND DEVELOPMENT: Ordinance No. 2022-03—To Approve the General Development Plan for the 51.83± Acre Bluegrass Place Planned Development on East Martintown Road and East Buena Vista; Ordinance—First Reading On the motion of Councilmember Presnell, second of Councilmember Toole, Council agreed to consider an ordinance on first reading to approve the General Development Plan for the Bluegrass Place Planned Development on east Martintown Road and East Buena Vista. Citizen comments were received from: Bill Cooksey (see ATTACHMENT#9 for the Speaker Form with attachments) Justin Pilcher Brian Fields Ms. Byrd-McKie Ryan Wright Tommy Paradise, Director of Planning and Development, explained the connection of Goldman Street to the planned development was added per the City of North Augusta Development Code. He stated he had an understanding the project developer was "neutral" about interconnectivity and the connection was not vital to the development. Ryan Wright, representative of the developer, confirmed interconnectivity is not a priority for the development to proceed. Councilmembers Carpenter and McCauley questioned the value of the connection and were concerned about the increase in school traffic to North Augusta Elementary School. 7 On the motion of Councilmember Toole, second of Councilmember McCauley, Council agreed to consider a motion to amend the proposed ordinance. The amendment would be to delete from the plan the connections road to Golden Street. Councilmembers discussed their thoughts of the removal of the interconnectivity of the development. When the vote was called to amend the ordinance,the amendment was approved with a 4-3 vote. Mayor Williams and Councilmembers Carpenter, McCauley and Toole voted to approve the amendment. Councilmembers Brooks, McGhee, and Presnell voted against the amendment. On the motion of Councilmember Carpenter, second of Councilmember McCauley, Council approved the first reading of the amended ordinance with a vote of 4-3. Mayor Williams and Councilmembers Carpenter, McCauley and Toole voted for the amended ordinance. Councilmembers Brooks, McGhee, and Presnell voted against the amended ordinance. Please see a copy of the proposed ORIGINAL ordinance below: ORDINANCE NO. 2022-03 TO APPROVE THE GENERAL DEVELOPMENT PLAN FOR THE 51.85±ACRE BLUEGRASS PLACE PLANNED DEVELOPMENT ON EAST MARTINTOWN ROAD AND EAST BUENA VISTA WHEREAS, within the guidelines of the North Augusta Zoning and Development Standards Ordinance, a General Development Plan for property within a designated Planned Development zone (PD) requires Planning Commission review and subsequent recommendation to City Council for review and approval; and WHEREAS, an application has been received from SC North Augusta Buena Vista, LLC requesting approval for a General Development Plan for a tract of land zoned Planned Development (PD) containing 51.85±acres located on the east side of on East Martintown Road and East Buena Vista; and WHEREAS, the developer, SC North Augusta Buena Vista, LLC of Columbia, South Carolina, proposes a mixed use development on five parcels: tax parcel numbers 007-016-13- 001, 007-12-12-009, 007-12-12-007, 007-12-12-006, and 007-12-12-005; and WHEREAS, the North Augusta Planning Commission, at its December 16, 2021 regular meeting, reviewed the subject application and voted to recommend that City Council approve the General Development Plan for the 51.85± acre Bluegrass Place Planned Development. 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: 8 I. The General Development Plan for the 51.85±acre Bluegrass Place Planned Development is hereby approved as outlined below and as shown on the attached plat and identified as "General Development Plan" as prepared by Cranston Engineering, dated October 15, 2021 and The General Development Plan Narrative for Bluegrass Place as prepared by Cranston Engineering, dated November 16, 2021 A. Scope of Development: The scope of development described in the General Development Plan for the Bluegrass Place Planned Development and described herein shall be the maximum level of development allowed. The land uses permitted in the Bluegrass Place Planned Development shall be limited to those described in this ordinance. 1. Minor Modifications: Minor modifications to the development plan and program for valid land use planning and reasonable development reasons, i.e. mix of uses, number and location of buildings, development schedule, setbacks, parking, and landscaping, etc., may be approved by the Planning Commission at the time of subdivision approval for any portion of a phase or site plan approval for an individual parcel. 2. Flex Density and Intensity: Up to ten (10%) percent of the total residential density or commercial square footage allocated to a parcel may be deducted from the total permitted for that parcel and redistributed to one or more other parcels designated for the same use provided the total density or intensity of a recipient parcel is not increased by more than ten (10%) percent. B. Development Program: Maximum Density (units per gross acre) Parcel Permitted Uses Area in or Intensity (gross Acres building area in sq. ft. er acre A Multi-Family Apartments 11.1 36 units/acre B Senior Living 6.1 14.8 units/acre C Professional 3.0 5,000 sf building/acre D Commercial 4.1 5,000 sf building/acre E Single-Family Detached 12.1 5 units/acre F Single-Family Attached 6.0 16.7 units/acre G Commercial 1.1 5,000 sf building/acre H Greenspace 4.2 NA 9 C. Parking Requirements: The minimum parking ratio will be determined by the standards set forth in the North Augusta North Augusta Development Code for the applicable use. D. Development Standards: Development standards applicable to individual commercial and professional tract sites C, D, and G shall be those used for the General Commercial District and , except as provided for in this section and in other sections of this ordinance: 1. All setback lines shall be measured from the property line. 2. The side setbacks on the parcels in Tract C, D, and G will have 20-foot front setbacks, 0 or 5-foot side setbacks, and a 15-foot rear setbacks. 3. Setbacks along E. Martintown Road and E. Buena Vista Avenue will be consistent with existing structures through those corridors. Development standards applicable to residential areas shall be as provided in the NADC for Detached Single-Family as R-7, Attached Single-Family, Multi- Family, and Senior Living as R-5, as described in the NADC and applied to parcels at the time of concept plan approval. E. Plan Approval Process: Subsequent to the adoption of this ordinance the following plan approval steps shall be required in the order listed prior to the issuance of development permits. 1. Master Utility Plan — Master plans for water distribution; sewage collection; and stormwater quality, detention and drainage shall be developed and approved prior to or coincidental with the initial phase concept plan. The level of detail provided in the master utility plans shall be determined by the Project Engineer and City Engineer. 2. Master Circulation Plan — A master circulation plan that incorporates the conclusions of the Ramey Kemp Associates (RKA) Traffic Engineering study shall be developed and approved prior to or coincidental with the initial phase concept plan. 3. Wetlands Delineation and Mitigation — A wetlands delineation, permit and any mitigation plans approved by SCDHEC and the US Army Corps of Engineers shall be submitted prior to or coincidental with a Concept Plan for any phase that contains jurisdictional wetlands. 4. Phase Concept Plan—A concept plan for each tract identified in the General Development Plan shall be prepared for Planning 10 Commission review and approval prior to or coincidental with the first preliminary plat application for each phase. The phase concept plan shall include an overall circulation system design, utility systems designs, anticipated mix and intensity or density of uses, proposed or draft master covenants and restrictions for the tract, and buffer delineation. The tract concept plan must indicate how the development of the phase will interrelate with the other phases in the development. 5. Preliminary Plat — Preliminary plats for sections or sub-phases of each phase will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code,this ordinance and the General Development Plan Narrative for Bluegrass Place. 6. Final Plat — Final plats for sections or phases of each tract will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code and the approved preliminary plat. 7. Site Plan — Site plans for individual parcels approved in a final plat for any portion of a tract will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code, the general development plan ordinance and the General Development Plan Narrative for Bluegrass Place. F. Utilities: Water and sewer tap fees for each parcel shall be determined in accordance with the City Code provisions related to utility extensions. G. Land Dedication: Land dedicated to the City in conjunction with the development will include road rights-of-way, utility easements and drainage ways in accordance with the applicable provisions of the North Augusta Development Code. H. Vehicular Access and Circulation: SC North Augusta Buena Vista, LLC shall implement the mitigation recommendations contained in the RKAtraffic study in conjunction with each development phase when the trips generated by the phase (or the sum of trips generated by all approved phases) create the impacts requiring mitigation. 1. The development on any parcel may proceed until the total trip generation reaches the threshold identified by RKA that warrants the required off site improvement. Off-site traffic improvements including modifications to the medians in East Martintown Road and East Buena Vista shall be the 11 responsibility of the developer. Upon initiation of construction of an off- site improvement additional development on any tract may resume to the extent the initiated off-site improvements mitigate the traffic impacts of the additional development. 2. The number and location of exterior access points, full turning intersections, right-in/right-out access points or other limited movement access points, and internal access points to individual parcels from the internal road network to be dedicated to the city shall be reviewed by the city engineer. Exterior access points shall be developed generally as shown with Access 1 and Access 2 shown on RKA traffic analysis having one ingress lane and two egress lanes. Preliminary interior locations of the road network are shown on the general development plan. Necessary modifications to the location of access points to individual tracts shall be made at the time of concept plan consideration for each tract. 3. Vehicular cross-access shall be provided between all commercial parcels where possible and not prohibited by grade or other topography issues. I. Pedestrian Circulation: Pedestrian connections between the various residential and commercial sections of the development shall be provided. 1. Any and all new sidewalks necessary along the East Martintown Road and East Buena Vista Avenue rights-of-way must be six (6) feet in width and shall be installed no closer than six (6) feet from the back of the finished curb. 2. Five (5) foot sidewalks shall be provided in the commercial areas on both sides of the street. Five(5)foot sidewalks shall be provided on at least one side of the street in residential areas. 3. Pedestrian walkways consisting of five (5) foot sidewalks shall be provided between all adjacent commercial parcels. Where grade differences require, stairs or steps shall be installed. 4. Pedestrian crossings of all roads, driveways, and internal circulation ways, both public and private, shall be treated with a differentiating pavement treatment. J. Buffers and Landscaping: Landscaped buffers,site landscaping and parking lot landscaping, and street trees shall be provided in the development as required for the applicable use by the North Augusta Development Code. Title to the 12 required buffers shall be retained by a property owners association or deed- restricted to prevent a change of use. Individual buffer specific landscape plans shall be developed and submitted with the applicable parcel site plan that show the locations of any retaining walls and new slopes within the buffer and details how the buffer and retaining wall will be treated. Such landscape plans shall include any necessary or proposed fencing as well as landscape material. 1. Fencing provided within the buffers located on or near the property lines between the commercial and residential uses may be permitted. The Planning Commission shall approve the height and style of the fence at the site plan stage. The fence shall be no less than five (S) feet in height. Alternatively, a solid fence made of wood,vinyl, metal,or masonry may be constructed. 2. Commercial parking lot landscaping shall be designed to maximize the pervious surface area within the parking area. 3. Each commercial structure developed shall be provided with foundation/perimeter landscaping between the structure and access drives and sidewalks (excluding loading areas). Landscaping material installed along walls with no fenestration shall be selected and maintained to screen large expanses of blank wall K. Applicable Standards for Review: The information contained in the General Development Plan shall supplement the provisions of this ordinance and shall be used in the review of subdivision and site plans for projects within Bluegrass Place. In the event of a conflict between the provisions of this ordinance and the content of the General Development Plan,the provisions of this ordinance shall prevail. General design criteria and development standards (parking, landscaping, etc.) applicable to each phase of the development and not otherwise prescribed in the General Development Plan or this ordinance shall be as provided for in the North Augusta Development Code as it may be amended. L. Additional Provisions: Additional conditions applicable to the development are: 1. Design guidelines for the homes to be constructed in Tract A will be included in the covenants and included with the preliminary plat submission. 13 2. Multi-Family and Single-Family Attached homes are required to comply with the design guideline in the North Augusta Development Code. Design guidelines for the homes to be constructed in Tract A will be included in the covenants and included with the preliminary plat submission. 3. Proposed or anticipated covenants and deed restrictions on the parcels to be sold and the management of common areas shall be provided in conjunction with the concept plan and plat submission for each phase. 5. Exterior lighting details shall be included with each commercial site plan application, including a description of the lighting levels during business versus non-business hours and shall comply with the North Augusta Development Code. 6. Outdoor display and sale of merchandise must be approved by the Planning Commission at site plan approval or is otherwise prohibited. 7. Overnight or extended parking of tractors, trailers, or railroad/truck shipping containers shall be confined to designated areas behind buildings. No tractor,trailer, container, or recreational vehicle parking shall be permitted on or in any parking area, circulation corridor or outdoor sales and display area. 8. Excessive noise associated with any use in the development including loading, unloading, trash compaction, building maintenance, parking lot or landscaping maintenance or any other activity shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m. 9. Architectural plans of all elevations of proposed commercial buildings shall be submitted with a site plan application. Permitted Materials—The following building exterior wall materials are permitted: a. Brick b. Split-face concrete block c. Parged block d. Glass block e. Decorative concrete masonry units(CMUs) (i.e.textured,glazed and other special treatments or materials) f. Stone g.Terra cotta h. Fiber cementious board siding materials i. Traditional (real) stucco or plaster j. Carrera glass 14 k. Windows, window glazing and architectural glass panels I. Architectural metal panels, laminated or otherwise m. Exterior finish wood materials as approved by the Department. Permitted Materials With Limitations—The following building exterior wall materials are permitted with limitation; a. Ceramic tile as an accent on up to ten percent(10%) of the wall area b. Drainage-backed synthetic stucco (Drainage-Backed Exterior Insulation Finishing System [Drainage-Backed EIFSj) may be applied to any wall surface four feet or more above adjacent grade. 10. Waivers may be approved for loading, maintenance, screened storage and other areas shielded from public view. 11. Stormwater detention areas shall be fenced for safety and landscaped to shield the fencing, rip rap, and drainage structures. Black vinyl clad chain link fence shall be installed below the upper edge of each detention area in a manner as to be obscured by the landscaping on top of the detention area. 12. Signs: Signs shall conform to the provisions of the North Augusta Development Code unless specified otherwise herein. 1. Wall signage size shall be permitted as provided for in the North Augusta Development Code. The sign panels shall be darker in color than the lettering and graphics. 2. One freestanding monument sign may be permitted for each commercial or professional parcel adjacent to an interior street. Monument signs shall not exceed 60 square feet in area or 10 feet in height and may advertise only the business or businesses located on the parcel. The sign panels shall be darker in color than the lettering and graphics. 3. One freestanding 'Bluegrass Place" identification sign may be located at both the main East Martintown Road entrance and the East Buena Vista Avenue entrance. Each monument sign shall not exceed 120 square feet in area or 20 feet in height. The sign panels shall be darker in color than the lettering and graphics and may include commercial and professional uses, apartment and living facilities, and other subdivision identifications that are contained within the Bluegrass Place development. 15 4. The developer shall provide a maintenance guarantee supported by a letter of credit or monetary deposit as required by the North Augusta Development Code. II. All 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 2022. Please see a copy of the proposed AMENDED ordinance below with the changes underlined: ORDINANCE NO. 2022-03 TO APPROVE THE GENERAL DEVELOPMENT PLAN FOR THE 51.85±ACRE BLUEGRASS PLACE PLANNED DEVELOPMENT ON EAST MARTINTOWN ROAD AND EAST BUENA VISTA WHEREAS,within the guidelines of the North Augusta Zoning and Development Standards Ordinance, a General Development Plan for property within a designated Planned Development zone (PD) requires Planning Commission review and subsequent recommendation to City Council for review and approval; and WHEREAS, an application has been received from SC North Augusta Buena Vista, LLC requesting approval for a General Development Plan for a tract of land zoned Planned Development (PD) containing 51.85±acres located on the east side of on East Martintown Road and East Buena Vista; and WHEREAS,the developer,SC North Augusta Buena Vista, LLC of Columbia,South Carolina, proposes a mixed use development on five parcels: tax parcel numbers 007-016-13-001,007-12- 12-009, 007-12-12-007, 007-12-12-006, and 007-12-12-005; and WHEREAS, the North Augusta Planning Commission, at its December 16, 2021 regular meeting, reviewed the subject application and voted to recommend that City Council approve the General Development Plan for the 51.85±acre Bluegrass Place Planned Development. WHEREAS, City Council held first reading on February 7, 2022 and a motion was made to delete from the plan the connection road to Golden Street with such motion being approved by Council. 16 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: II. The General Development Plan for the 51.85± acre Bluegrass Place Planned Development is hereby approved as outlined below and as shown on the attached plat and identified as "General Development Plan" as prepared by Cranston Engineering, dated October 15, 2021 without the connectivity to Goldman Street and The General Development Plan Narrative for Bluegrass Place as prepared by Cranston Engineering, dated November 16, 2021 B. Scope of Development: The scope of development described in the General Development Plan for the Bluegrass Place Planned Development and described herein shall be the maximum level of development allowed. The land uses permitted in the Bluegrass Place Planned Development shall be limited to those described in this ordinance. 3. Minor Modifications: Minor modifications to the development plan and program for valid land use planning and reasonable development reasons, i.e. mix of uses, number and location of buildings, development schedule, setbacks, parking, and landscaping, etc., may be approved by the Planning Commission at the time of subdivision approval for any portion of a phase or site plan approval for an individual parcel. 4. Flex Density and Intensity: Up to ten (10%) percent of the total residential density or commercial square footage allocated to a parcel may be deducted from the total permitted for that parcel and redistributed to one or more other parcels designated for the same use provided the total density or intensity of a recipient parcel is not increased by more than ten (10%) percent. B. Development Program: Maximum Density (units per gross acre) Parcel Permitted Uses Area in or Intensity (gross Acres building area in sq. ft. er acre A Multi-Family Apartments 11.1 36 units/acre B Senior Living 6.1 14.8 units/acre 17 C Professional 3.0 5,000 sf building/ acre D Commercial 4.1 5,000 sf building/ acre E Single-Family Detached 12.1 5 units/acre F Single-Family Attached 6.0 16.7 units/acre G Commercial 1.1 5,000 sf building/acre H Greenspace 4.2 NA C. Parking Requirements: The minimum parking ratio will be determined by the standards set forth in the North Augusta North Augusta Development Code for the applicable use. E. Development Standards: Development standards applicable to individual commercial and professional tract sites C, D, and G shall be those used for the General Commercial District and , except as provided for in this section and in other sections of this ordinance: 4. All setback lines shall be measured from the property line. 5. The side setbacks on the parcels in Tract C, D, and G will have 20-foot front setbacks, 0 or 5-foot side setbacks, and a 15-foot rear setbacks. 6. Setbacks along E. Martintown Road and E. Buena Vista Avenue will be consistent with existing structures through those corridors. Development standards applicable to residential areas shall be as provided in the NADC for Detached Single-Family as R-7, Attached Single-Family, Multi- Family, and Senior Living as R-5, as described in the NADC and applied to parcels at the time of concept plan approval. E. Plan Approval Process: Subsequent to the adoption of this ordinance the following plan approval steps shall be required in the order listed prior to the issuance of development permits. 8. Master Utility Plan — Master plans for water distribution; sewage collection; and stormwater quality,detention and drainage shall be developed and approved prior to or coincidental with the initial phase concept plan. The level of detail provided in the master utility plans shall be determined by the Project Engineer and City Engineer. 9. Master Circulation Plan — A master circulation plan that incorporates the conclusions of the Ramey Kemp Associates (RKA) Traffic Engineering study shall be developed and approved prior to or coincidental with the initial phase concept plan. 18 10. Wetlands Delineation and Mitigation — A wetlands delineation, permit and any mitigation plans approved by SCDHEC and the US Army Corps of Engineers shall be submitted priorto or coincidental with a Concept Plan for any phase that contains jurisdictional wetlands. 11. Phase Concept Plan—A concept plan for each tract identified in the General Development Plan shall be prepared for Planning Commission review and approval prior to or coincidental with the first preliminary plat application for each phase. The phase concept plan shall include an overall circulation system design, utility systems designs, anticipated mix and intensity or density of uses, proposed or draft master covenants and restrictions for the tract, and buffer delineation. The tract concept plan must indicate how the development of the phase will interrelate with the other phases in the development. 12. Preliminary Plat — Preliminary plats for sections or sub-phases of each phase will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code,this ordinance and the General Development Plan Narrative for Bluegrass Place. 13. Final Plat — Final plats for sections or phases of each tract will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code and the approved preliminary plat. 14. Site Plan —Site plans for individual parcels approved in a final plat for any portion of a tract will be processed and reviewed in accordance with the applicable provisions of the North Augusta Development Code, the general development plan ordinance and the General Development Plan Narrative for Bluegrass Place. K. Utilities: Water and sewer tap fees for each parcel shall be determined in accordance with the City Code provisions related to utility extensions. L. Land Dedication: Land dedicated to the City in conjunction with the development will include road rights-of-way, utility easements and drainage ways in accordance with the applicable provisions of the North Augusta Development Code. M. Vehicular Access and Circulation: SC North Augusta Buena Vista, LLC shall implement the mitigation recommendations contained in the RKAtraffic study 19 in conjunction with each development phase when the trips generated by the phase (or the sum of trips generated by all approved phases) create the impacts requiring mitigation. 4. The development on any parcel may proceed until the total trip generation reaches the threshold identified by RKA that warrants the required off site improvement. Off-site traffic improvements including modifications to the medians in East Martintown Road and East Buena Vista shall be the responsibility of the developer. Upon initiation of construction of an off- site improvement additional development on any tract may resume to the extent the initiated off-site improvements mitigate the traffic impacts of the additional development. 5. The number and location of exterior access points, full turning intersections, right-in/right-out access points or other limited movement access points, and internal access points to individual parcels from the internal road network to be dedicated to the city shall be reviewed by the city engineer. Exterior access points shall be developed generally as shown with Access 1 and Access 2 shown on RKA traffic analysis having one ingress lane and two egress lanes. Preliminary interior locations of the road network are shown on the general development plan. Necessary modifications to the location of access points to individual tracts shall be made at the time of concept plan consideration for each tract. 6. Vehicular cross-access shall be provided between all commercial parcels where possible and not prohibited by grade or other topography issues. N. Pedestrian Circulation: Pedestrian connections between the various residential and commercial sections of the development shall be provided. 1. Any and all new sidewalks necessary along the East Martintown Road and East Buena Vista Avenue rights-of-way must be six (6) feet in width and shall be installed no closer than six (6) feet from the back of the finished curb. 2. Five (5) foot sidewalks shall be provided in the commercial areas on both sides of the street. Five(5)foot sidewalks shall be provided on at least one side of the street in residential areas. 3. Pedestrian walkways consisting of five (5) foot sidewalks shall be provided between all adjacent commercial parcels. Where grade differences require, stairs or steps shall be installed. 20 4. Pedestrian crossings of all roads, driveways, and internal circulation ways, both public and private, shall be treated with a differentiating pavement treatment. O. Buffers and Landscaping: Landscaped buffers,site landscaping and parking lot landscaping, and street trees shall be provided in the development as required for the applicable use by the North Augusta Development Code. Title to the required buffers shall be retained by a property owners association or deed- restricted to prevent a change of use. Individual buffer specific landscape plans shall be developed and submitted with the applicable parcel site plan that show the locations of any retaining walls and new slopes within the buffer and details how the buffer and retaining wall will be treated. Such landscape plans shall include any necessary or proposed fencing as well as landscape material. 4. Fencing provided within the buffers located on or near the property lines between the commercial and residential uses may be permitted. The Planning Commission shall approve the height and style of the fence at the site plan stage. The fence shall be no less than five (5) feet in height. Alternatively, a solid fence made of wood,vinyl, metal, or masonry may be constructed. 5. Commercial parking lot landscaping shall be designed to maximize the pervious surface area within the parking area. 6. Each commercial structure developed shall be provided with foundation/perimeter landscaping between the structure and access drives and sidewalks (excluding loading areas). Landscaping material installed along walls with no fenestration shall be selected and maintained to screen large expanses of blank wall M. Applicable Standards for Review: The information contained in the General Development Plan shall supplement the provisions of this ordinance and shall be used in the review of subdivision and site plans for projects within Bluegrass Place. In the event of a conflict between the provisions of this ordinance and the content of the General Development Plan,the provisions of this ordinance shall prevail. General design criteria and development standards (parking, landscaping, etc.) applicable to each phase of the development and not otherwise prescribed in the General Development Plan or this ordinance shall be as provided for in the North Augusta Development Code as it may be amended. 21 N. Additional Provisions: Additional conditions applicable to the development are: 1. Design guidelines for the homes to be constructed in Tract A will be included in the covenants and included with the preliminary plat submission. 2. Multi-Family and Single-Family Attached homes are required to comply with the design guideline in the North Augusta Development Code. Design guidelines for the homes to be constructed in Tract A will be included in the covenants and included with the preliminary plat submission. 3. Proposed or anticipated covenants and deed restrictions on the parcels to be sold and the management of common areas shall be provided in conjunction with the concept plan and plat submission for each phase. 5. Exterior lighting details shall be included with each commercial site plan application, including a description of the lighting levels during business versus non-business hours and shall comply with the North Augusta Development Code. 6. Outdoor display and sale of merchandise must be approved by the Planning Commission at site plan approval or is otherwise prohibited. 7. Overnight or extended parking of tractors, trailers, or railroad/truck shipping containers shall be confined to designated areas behind buildings. No tractor,trailer, container, or recreational vehicle parking shall be permitted on or in any parking area, circulation corridor or outdoor sales and display area. 8. Excessive noise associated with any use in the development including loading, unloading, trash compaction, building maintenance, parking lot or landscaping maintenance or any other activity shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m. 9. Architectural plans of all elevations of proposed commercial buildings shall be submitted with a site plan application. Permitted Materials—The following building exterior wall materials are permitted: a. Brick b. Split-face concrete block c. Parged block d. Glass block 22 e. Decorative concrete masonry units (CMOs) (i.e.textured,glazed and other special treatments or materials) f. Stone g.Terra cotta h. Fiber cementious board siding materials L Traditional (real) stucco or plaster j. Carrera glass k. Windows, window glazing and architectural glass panels I. Architectural metal panels, laminated or otherwise m. Exterior finish wood materials as approved by the Department. Permitted Materials With Limitations—The following building exterior wall materials are permitted with limitation; a. Ceramic tile as an accent on up to ten percent (10%) of the wall area b. Drainage-backed synthetic stucco (Drainage-Backed Exterior Insulation Finishing System [Drainage-Backed EIFSj) may be applied to any wall surface four feet or more above adjacent grade. 10. Waivers may be approved for loading, maintenance, screened storage and other areas shielded from public view. 11. Stormwater detention areas shall be fenced for safety and landscaped to shield the fencing, rip rap, and drainage structures. Black vinyl clad chain link fence shall be installed below the upper edge of each detention area in a manner as to be obscured by the landscaping on top of the detention area. 12. Signs: Signs shall conform to the provisions of the North Augusta Development Code unless specified otherwise herein. 1. Wall signage size shall be permitted as provided for in the North Augusta Development Code. The sign panels shall be darker in color than the lettering and graphics. 2. One freestanding monument sign may be permitted for each commercial or professional parcel adjacent to an interior street. Monument signs shall not exceed 60 square feet in area or 10 feet in height and may advertise only the business or businesses located on the parcel. The sign panels shall be darker in color than the lettering and graphics. 3. One freestanding "Bluegrass Place" identification sign may be located at both the main East Martintown Road entrance and the East Buena Vista Avenue entrance. Each monument sign shall not exceed 120 square feet in area or 20 feet in height. The sign panels shall be darker 23 in color than the lettering and graphics and may include commercial and professional uses, apartment and living facilities, and other subdivision identifications that are contained within the Bluegrass Place development. 4. The developer shall provide a maintenance guarantee supported by a letter of credit or monetary deposit as required by the North Augusta Development Code. II. All 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 12022. ITEM 10. FINANCE: Resolution No. 2022-06—Approving the Annual Assessment Report and Amendment of the Assessment Roll for the Ballpark Village Municipal Improvement District and Confirming the Collection of Annual Assessments Therein for the 2021-2022 Assessment Year On the motion of Councilmember Brooks, second of Councilmember Presnell, Council agreed to consider a resolution approving the annual assessment report and amendment of the assessment roll for the Ballpark Village Municipal Improvement District and confirming the collection of annual assessments therein for the 2021-2022 assessment year. There were no comments from citizens. Council approved the resolution with a unanimous 7-0 vote. Please see a copy of the proposed resolution below: RESOLUTION 2022-06 APPROVING THE ANNUAL ASSESSMENT REPORT AND AMENDMENT OF THE ASSESSMENT ROLL FOR THE BALLPARK VILLAGE MUNICIPAL IMPROVEMENT DISTRICT AND CONFIRMING THE COLLECTION OF ANNUAL ASSESSMENTS THEREIN FOR THE 2021-2022 ASSESSMENT YEAR The City Council (the "City CounciP') of the City of North Augusta, South Carolina (the "City"), hereby finds and determines: 24 WHEREAS, The Ballpark Village Municipal Improvement District (the "Improvement District"), located in the City of North Augusta was created by the City Council pursuant to the Municipal Improvement Act, Title 5, Chapter 37, Code of Laws of South Carolina 1976, as amended (the "Act'), through an ordinance enacted on February 6, 2017, wherein the Improvement District was created and special assessments (the "Assessment' or"Assessments") were authorized to be imposed and collected (the "Assessment Ordinance"); and WHEREAS, certain capitalized terms undefined herein have such meanings as set forth in the Rate and Method of Apportionment of Assessment, Appendix A of the Assessment Roll (the "Rate and Method"), which was approved by the Assessment Ordinance; and WHEREAS, the Assessments have been imposed on the Assessed Property within the Improvement District pursuant to the Act and the Assessment Ordinance. The Assessment, including the Annual Parcel Assessment, the Annual Parcel Credit and the Annual Payment for each Parcel, is recorded on the Assessment Roll, attached hereto as Appendix B-1 and Appendix B-2 of the Annual Assessment Report and Amendment of the Assessment Roll for 2021-2022 Assessment Year (the "Annual Assessment Report") attached hereto as Exhibit A, which is being updated in accordance with the Rate and Method, as detailed below, through City Council's approval of the Annual Assessment Report; and WHEREAS, pursuant to a Resolution of the Board of Directors (the "Board") of the North Augusta Public Facilities Corporation (the "Corporation") adopted by the Board on February 20 2017, the Corporation issued its $69,450,000 Installment Purchase Revenue Bonds, Taxable Series 2017B, dated May 16, 2017 (the "Series 2017B Bonds"), in order to obtain a portion of the funds necessary to defray the cost of the Public Improvements. Simultaneously with the issuance of the Series 2017E Bonds, the City issued its $43,412,000 Tax Increment Revenue Obligation, Series 2017A to the Corporation (the "2017 TIF Obligation"). By Ordinance enacted on February 6, 2017, the City Council approved the issuance of the Series 2017E Bonds and the 2017 TIF Obligation. Debt service requirements of the Series 2017E Bond will be paid from Available Sources (as that term is defined in the Official Statement dated May 2, 2017 (the "Official Statement') relating to the Series 2017 Bonds), which include TIF Revenues (as defined in the Official Statement) and Assessments. Payments to the Corporation by the City pursuant to the 2017 TIF Obligation shall constitute a dollar for dollar credit against the City's obligation to make Base Payments (as defined in the Official Statement); and WHEREAS, in order to facilitate the collection of the Assessments, the City shall update Appendix B-1 and B-2 of the Assessment Roll each Assessment Year to reflect (i) the current Parcels in the Improvement District, (ii) the Assessment for each Parcel, including any adjustments to the Assessment as provided for in Section C of the Rate and Method; (iii) the Annual Assessment; (iv) the Annual Parcel Assessment for each Parcel, (v) the Annual Payment to be collected from each Parcel for the current Assessment Year, (vi) prepayments of the Assessment as provided for in the Annual Assessment Report, and (vii) termination of the Assessment as provided for in the Annual Assessment Report; and 25 WHEREAS, the City Council has received the Annual Assessment Report, prepared by MuniCap, Inc., the Administrator of the Improvement District, in accordance with the Rate and Method. 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: I. The Annual Assessment Report is hereby approved. II. The Rate and Method provides for the annual collection of the Annual Payment. As shown by the Annual Assessment Report, the sum of the Annual Payment for all Parcels in the Improvement District for the 2021-2022 Assessment Year is $747,028. The billing of the Assessments to be collected from each Parcel as indicated in the Annual Assessment Report for the 2021-2022 Assessment Year is hereby confirmed. III. This ordinance shall become effective as of the date hereof. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 7th DAY OF FEBRUARY, 2022. ITEM 11. COMMUNITY PROMOTION: Resolution No. 2022-07— Resolution to Approve Mural Installation at 526 Georgia Avenue On the motion of Councilmember Presnell, second of Councilmember McGhee, Council agreed to consider a resolution to approve a mural installation at 526 Georgia Avenue. There were no citizen comments. Council voted to adopt the resolution with a unanimous 7-0 vote. Please see a copy of the proposed resolution and mural below: RESOLUTION NO. 2022-07 RESOLUTION TO APPROVE MURAL INSTALLATION AT 526 GEORGIA AVENUE WHEREAS, City of North Augusta Development Code Chapter 13 — Signs provides for murals to be installed in certain zoning districts; and WHEREAS, a mural is defined in the code as "a painting or other work of art executed directly on a wall. Signage painted on walls does not automatically qualify as a mural"; and WHEREAS, the Development Code provides authorizes the city council review and approve applications for murals until such time as a mural design review board is in place; and 26 WHEREAS, the City has received an application for mural installation at 526 Georgia Avenue (Exhibit A) and has received all required supporting documentation for proposed mural; and WHEREAS, Planning and Development staff have reviewed the application and confirm that the proposed mural meets all requirements set forth in the Development Code. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the application for mural at 526 Georgia Avenue shall be approved and the mural be installed per the specifications set forth in the application as provided in Exhibit A. DONE, RATIFIED, AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF FEBRUARY 7, 2022. rt.�K �R ITEM 12. COMMUNITY PROMOTION: Resolution No. 2022-08—A Resolution Establishing a Mural Design Review Board On the motion of Councilmember Brooks, second of Councilmember Toole, Council agreed to consider a resolution establishing a mural design review board. There were no comments from citizens. Councilmember McCauley acknowledged the board was made up of qualified individuals who have a vested interest in Downtown. Councilmember McGhee asked for clarification of the "footprint' of Downtown. Rachelle Moody, Assistant City Administrator, 27 commented Downtown is begins at Spring Grove Avenue and continues to the Savannah River. It encompasses Georgia Avenue and West Avenue. Council voted to adopt the resolution with a unanimous 7-0 vote. Please see a copy of the proposed resolution below: RESOLUTION NO. 2022-08 A RESOLUTION ESTABLISHING A MURAL DESIGN REVIEW BOARD WHEREAS, City of North Augusta development code Chapter 13 — Signs provides for murals to be installed in certain zoning districts; and WHEREAS, a mural is defined in the code as "a painting or other work of art executed directly on a wall. Signage painted on walls does not automatically qualify as a mural"; and WHEREAS, the code provides for the city council to establish a design board to review and approve applications to install murals; and WHEREAS, the design board shall consist of five (5) members and shall be nominated by the mayor and confirmed by council via resolution and thereafter will serve at the pleasure of council. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the following individuals are hereby appointed to serve as the Mural Design Review Board: 1. Planning & Development Department: La'Stacia Reese, Planning Technician (serves as Board Coordinator and primary staff contact) 2. North Augusta Forward: Avery Spears-Mahoney, Executive Director 3. Downtown Merchant's Alliance Design Committee:Jennifer Elliott, Shoppe 3130 4. Arts & Heritage Center: Garland Gooden, Board Member 5. Riverside Village Business: Jeannine Steinkuhl, Crowne Plaza BE IT FURTHER RESOLVED that the City Council approves the application procedure and review criteria as set forth the "North Augusta Mural Application Process" in Exhibit A. DONE, RATIFIED, AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF FEBRUARY 7, 2022. 28 Exhibit A— CITY Of NORTH AUGUSTA MURAL APPLICATION PROCESS I. Application Submission: Applications shall be submitted to the North Augusta Planning & Development Department, Attention: La'Stacia Reese (electronically to: planning(driortha ugusta.net or mailed to/in person at: 100 Georgia Avenue, North Augusta, SC 29841). An applicafion is considered complete if it meets the following requirements: 1) mural is located in a zoning district permitted by the Development Code; 2) all signatures are affixed; and 3)all required sketches and descriptions are received. II. Mural Design Review Board: Complete applications shall be reviewed and approved by the Mural Design Review Board. The board shall consist of five (5) members nominated by the mayor and confirmed by council via resolution: 6. Planning & Development Department: La'Stacia Reese, Planning Technician (Board Coordinator) 7. North Augusta Forward: Avery Spears-Mahoney, Executive Director 8. Downtown Merchant's Alliance Design Committee: Jennifer Elliott, Shoppe 3130 9. Arts& Heritage Center: Garland Gooden, Board Member 10. Riverside Village Business: Jeannine Steinkuhl, Crowne Plaza III. Mural Application Requirements: 1. Applications will be made using the standard "Application for Mural." 2. The mural application maybe submitted electronically or hard copy and contain the following: a. Color sketch of proposed mural. b. Sketch of mural on proposed building, drawn to scale. c. Written description of the type of paint to be used, expected life span and maintenance plan for the mural. d. Anything else the applicant wishes to provide describing the mural, its contents, the artist completing the work, or any other relevant information. e. The building owner on which the proposed mural is to be placed shall consent to the mural placement on the property, agree to maintain the mural, and consent to restore the facade upon which the mural is placed to its prior condition if mural is not properly maintained. 3. An application review meeting will be called upon receipt of a complete application. Meetings may take place in person at the Municipal Center or virtually via electronic methods. Multiple review meetings may be required; additional information be requested by Board for review. 4. Upon approval of the application by the Mural Design Review Board, applicant will be formally notified in writing. Murals may only be constructed following full written approval. Any decision made but the board is considered final. IV. The Review Board will determine if the mural meets the following criteria: 1. Mural tastefully depicts the history, heritage, culture, or events of the local area. It is the intent of the City to provide opportunities for artists and sponsors of art to create noncommercial, publicly accessible exhibits of a social, cultural or historical significance. 2. The color(s)and theme(s)of mural must be compatible with nearby buildings and sites and should complement the ambience of the surrounding area. 29 3. Commercial, controversial, and sexually explicit themes are prohibited; except on church properties, religious themes are prohibited. 4. Neither the design nor location of a mural shall constitute a significant traffic hazard, endanger safety, or be detrimental to the use or enjoyment of property in the vicinity of the mural. 5. Artificial lighting shall not be used to illuminate a mural. 6. Murals may be used to support a group of businesses, but cannot be the primary signage for any single business. Further information regarding commercial signage can be found in Development Code Article 13—Signs. ITEM 13. ECONOMIC DEVELOPMENT: Ordinance No. 2022-04—To Authorize the City to Enter into a First Amendment to the Master Development Agreement of March 15, 2017 for the North Augusta Riverside Village; Ordinance— First Reading On the motion of Councilmember Toole, second of Councilmember Presnell, Council agreed to consider an ordinance on first reading to authorize the City to enter into a first amendment to the Master Development Agreement of March 15, 2017 for the North Augusta Riverside Village. City Administrator, Jim Clifford, explained the current Master Development Agreement will expire March 15, 2022. With the advisement of both internal and external legal counsel,this ordinance would extend the Master Development Agreement to the developer by one year. There were no comments from citizens. Council approved the first reading of the ordinance with a unanimous 7-0 vote. Please see a copy of the proposed ordinance and Exhibit A below: ORDINANCE NO. 2022-04 TO AUTHORIZE THE CITY TO ENTER INTO A FIRST AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT OF MARCH 15, 2017 FOR NORTH AUGUSTA RIVERSIDE VILLAGE WHEREAS, the City entered into a Master Development Agreement for the development of Riverside Village in March of 2017 that was for a period of five (5) years with such initial agreement scheduled to terminate on March 15, 2022; and, WHEREAS, many of the required improvements have been completed but there remain some portions of the development that have not been completed as of the present; and, WHEREAS, the South Carolina Local Government Development Agreement Act, the Act under which the original Agreement was entered into, provides for the ability of the parties by mutual agreement to extend the termination date; and, 30 WHEREAS, Mayor and City Council have determined that it would be in the interest of the City to extend the term of the Agreement for a period of one (1) year; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that: I. The City agrees to the extension of the termination date of the original agreement for one (1) additional year which would result in the termination date becoming March 15, 2023. II. The First Amendment to the Master Development Agreement which is attached hereto, marked Exhibit(A) is specifically approved by Mayor, and Council. III. The Mayor and/orthe City Administrator are specifically authorized to execute such documents as required to carry outthis First Amendment and extension of the original term. 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 MARCH, 2022. Exhibit A- FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT by and among CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, GRAYBUL IRONWOOD,LLC, (EACH OWNER OF PARCELS OR SUBPARCELS], and 31 GREENSTONE HAMMOND'S FERRY, LLC March 15,2022 FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT This First Amendment to Master Development Agreement (this "Amendment") is made and entered into as of March 14, 2022 by and among the CITY OF NORTH AUGUSTA, SOUTH CAROLINA (the "City"), ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, a limited liability company organized under the laws of the State of Georgia ("Hotel Developer"), GRAYBUL IRONWOOD, LLC, a limited liability company organized under the laws of the State of Delaware ("Apartment Owner"), [Add other Owners and/or Developers of Parcels or Subparcels of Riverside Village Property], and GREENSTONE HAMMOND'S FERRY,LLC,a limited liability company organized under the laws of the State of South Carolina ("Greenstone"). RECITALS This Amendment provides for the extension of the term of that certain Master Development Agreement by and among the City, GreenJackets Baseball LLC, the Hotel Developer and Greenstone, dated March 15, 2017 (the "Agreement'). Defined terms used herein and not otherwise defined shall have the meanings ascribed to them in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, the Hotel Developer, the Apartment Owner, [Other Owners], and Greenstone agree as follows: ARTICLE I AMENDMENT TO THE AGREEMENT; EXTENSION OF TERM The Term of the Agreement is hereby extended by one year and,as a result,the Agreement shall terminate on March 15,2023,unless extended by mutual agreement as provided for in Section 2.01 of the Agreement and Section 6-31-60(A)(2) of the Act. ARTICLE II MISCELLANEOUS A. Governing Law. This Amendment shall be governed in accordance with the laws of the State of South Carolina. 32 B. Authorization; Entire Agreement. This Amendment is entered into in accordance with Section 2.01 of the Agreement and Section 6-31-60(A)(2) of the Act, and this Amendment and the Agreement, as amended, together constitute the complete and exclusive written expression of the intent of the Parties with respect to the subject matter hereof and thereof which will supersede all previous verbal and written communications, representations, agreements, promises or statements. Except as amended hereby, the terms and provisions of the Agreement shall remain in full force and effect. C. Authority. Each of the Owners and the City represents that it has the authority to be bound by the terms of this Amendment. Once executed by all parties, this Amendment will, together with the Agreement, constitute a valid and binding agreement, enforceable in accordance with its terms. D. Mutual Dependency and Severability.All rights and duties contained in this Amendment are mutually dependent on each other and one cannot exist independent of another, provided that if any one or more of the provisions contained in this Amendment shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Amendment shall be construed as if such invalid, illegal or unenforceable provision was not contained herein. E. Notices and Addresses. Any notices given under this Amendment shall be given in accordance with the terms and provisions of giving notice under the Agreement. F. Amendment, Modification, or Alteration. No amendment, modification or alteration of the terms of this Amendment shall be binding unless in writing, dated subsequent to the date hereof and duly executed by the parties hereto. G. Counterparts, Facsimile. This Amendment may be executed in any number of counterparts and/or exchanged via facsimile or electronic distribution, each of which shall be deemed an original, but all such counterparts and/or facsimile or electronic counterparts or originals together shall constitute but one and the same instrument. H. Binding Effect/Benefit. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective affiliates, successors and assigns. I. Parties to Amendment, Approval by Ordinance. Section 18.04 of the Agreement provides that the "...Agreement may be modified or amended only by the written agreement of the City and the Owners; such written agreement, if not statutorily required to be by ordinance, may be by resolution or ordinance at the City's sole discretion" The parties to this Amendment include the City and the Owners, as currently constituted, and the City has decided, in its sole discretion, to approve this Amendment by ordinance. [SIGNATURES ON FOLLOWING PAGES] ITEM 14. PARKS, RECREATION AND TOURISM: Resolution No. 2022-09 — Authorizing a Grant Application to the State of South Carolina Parks,Recreation and Tourism Department for Federal Funding Assistance to Support a Proiect Submitted under the Land and Water Conservation Fund (LWCF) Program as Provided in the LWCF Act of 1965, as Amended On the motion of Councilmember McCauley, second of Councilmember Brooks, Council agreed to consider a resolution authorizing a grant application to the State of South Carolina Parks, Recreation and Tourism Department to aid in financing the cost of the Sharon Jones Amphitheater Rest Area Project. There were no comments from citizens. Council approved the resolution with a unanimous 7-0 vote. Please see a copy of the proposed resolution below: RESOLUTION NO. 2022-09 AUTHORIZING A GRANT APPLICATION TO THE STATE OF SOUTH CAROLINA PARKS, RECREATION &TOURISM DEPARTMENT FOR FEDERAL FUNDING ASSISTANCE TO SUPPORT A PROJECT SUBMITTED UNDER THE LAND AND WATER CONSERVATION FUND (LWCF) PROGRAM AS PROVIDED IN THE LWCF ACT OF 1965, AS AMENDED WHEREAS, under the provisions of LWCF,federal funding assistance is requested to aid in financing the cost of the Sharon Jones Amphitheater Rest Area Project; and WHEREAS, Parks, Recreation &Tourism Department believes that this project meets the stated criteria for grant funding under the terms established by the State of South Carolina Parks, Recreation & Tourism Department (SCPRT), and any funding received from SCPRT will be used for the implementation of the referenced project; and WHEREAS, the City of North Augusta acknowledges that SCPRT grants, if approved, will be paid on a reimbursement basis, meaning that the City may request payment only after eligible and allowable costs have already been paid and remitted to vendors; and WHEREAS, the City owns the site and intends to develop or improve it for recreational purposes; and WHEREAS, any funds received from the SCPRT will be used for the sole purpose stated in the City's grant applications to SCPRT; and WHEREAS, the City assures that any facility developed with financial aid from the LWCF program must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by the City,SCPRT, and the National Park Service (NPS); and WHEREAS,the City acknowledge that LWCF grants are federal funds and, as such,the City must comply with all applicable federal laws; and WHEREAS, this Resolution becomes a part of a formal application to SCPRT and NPS, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, THE MAYOR CONCURRING,THAT: The Director of Parks, Recreation and Tourism or his designee, is hereby authorized to submit applications for and on behalf of the City of North Augusta, in such counterparts as are necessary, to the State of South Carolina Parks, Recreation & Tourism Department, for financial assistance in the amount set forth in the "Grant Request" column below: Proposed Projects SCPRT Grant Match Total Program Request Category Sharon Jones LWCF $300,000 $300,000 $600,000 Amphitheater Rest Area The $300,000 of SCPRT grants requires a dollar for dollar match. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12022. ITEM 15. FINANCE: Resolution No. 2022-10— Resolution Approving Financing Terms for the Financing of Vehicles and Equipment On the motion of Councilmember Presnell, second of Councilmember Toole, Council agreed to consider a resolution approving financing terms for the financing of vehicles and equipment. There were no comments from citizens. Council approved the resolution with a unanimous 7-0 vote. Please see a copy of the proposed resolution below: RESOLUTION NO. 2022-10 RESOLUTION APPROVING FINANCING TERMS FOR THE FINANCING OF VEHICLES AND EQUIPMENT WHEREAS, the City of North Augusta, SC ('Borrower") has previously determined to undertake a project for the financing of vehicles and equipment (the "Project"), and the Chief Financial Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED that the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof that: 1. The Borrower hereby determines to finance the Project through Truist Bank("Lender") in accordance with the proposal dated February 4, 2022. The amount financed shall not exceed $1,360,366.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 1.57%, and the financing term shall not exceed four(4) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Borrower are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The Borrower shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. 5. The Borrower intends that the adoption of this resolution will be a declaration of the Borrower's official intent to reimburse expenditures for the Project that are to be financed from the proceeds of the Lender financing described above. The Borrower intends that funds that have been advanced, or that may be advanced, from the Borrowers general fund or any other Borrower fund related to the Project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Borrower officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF FEBRUARY, 2022. • ITEM 16. ADMINISTRATIVE REPORTS None ITEM 17. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS: A. Citizen Comments: Tracey Turner (No Speaker Form provided) B. Council Comments: Mayor Williams announced the following: • Last week Councilmember McGhee graduated from the Advanced Municipal Elected Officials Institute. • The new traffic light at Bergen Road and Martintown Road is now operational. • February 171h is Third Thursday. The Arts and Heritage Center is inviting all citizens to stop in to decorate heart to be included in a mural exhibit. • ITEM 16. ADJOURNMENT The regular City Council meeting adjourned at 7:40 p.m. APPROVED THIS "►#h DAY OF Respectfully submitted, 2022. maw `v�avw-aE� Sharon Lamar Brito S. illiams City Clerk May • ATTACHMENT#5 RECUSAL STATEMENT Member Name: Kevin Toolr Meeting Date: Pebma 4 -7� Agenda Item: Section U.ngninheA Number: .S BtAsi ness Topic: reran—xxH-` t)rdinance No .'Zo;Z1 -ol CSeand Reading) The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his office to obtain an economic interest for himself, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated. No public official may make,participate in making, or influence a governmental decision in which he or any such person or business has an economic interest. Failure to recuse oneselffrom an issue in which there is or may be conflict of interest is the sole responsibility of the council member (1991 Op.Atty. Gen. No. 91-37.) A written statement describing the matter requiring action and the nature of the potential conflict of interest is required. Justification to Recuse: Professionally employed by or under contract with principal Owns or has vested interest in principal or property Other: Date: oa•o-1 •aoAA Member Approved by Parliamentarian: • ATTACHMENT#9 SPEAKER FORM COUNCIL MEETING DATE: ©2/�'7 �o21�Z7-- THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. NAME: AGENDA ITEM/TOPIC: PLEASE PROVIDE A SUMMARY OF YOUR COMMENTS TO COUNCIL. (For example: I support the resolution because ...) SUMMARY • Discussion Questions Must fill-out speaker form found on credenza for speakers remarks to be included in the minutes to indicate they addressed the council on a specific topic. Rules of Procedure: 1. Step to front of rail 2 Give Name and Address, speak in audible tone 3. Limit address to 5 minutes, unless further time granted by the council 4. All remarks shall be addressed to council as a body b) no question shall be ask a council member except through presiding officer 5. May council grant additional time for discussion of topic? PETITION Regarding Ordinance No. 2022-03 to approve the General Development Plan for the Bluegrass Place Planned Development between E. Martintown Road and E. Buena Vista. Questions: 1. Why a connection to the end of Goldman Street? • 2. Is there a financial benefit to be gained from a connection to Goldman Street. 3. Is the proposed road connecting to the end of Goldman Street financially feasible from an investment standpoint. 4. Reference: Subdivision Development Cost, swiftestimator.com The cost of complete double-loaded street improvements in ordinary level subdivisions, from $280.00 to $335.00 per linear foot for 450' of street in ordinary level subdivisions would be between $126,000 to $150,750.00, not considering inflation increases. 5. Timed drive from bottom of Mealing Street, left turn onto E. Buena Vista to Laurens Street entrance into Bluegrass Place. I" drive was 33 seconds, maximum speed of 30MPH 2"' drive was 36 seconds, maximum speed of 25 MPH 6. Driving to Wally World, Publix, Arby's, Sprint Gas, don't think about time. 7. Variances for real estate, what about this issue? • Petition February 7, 2022 To the City Council Of North Augusta, South Carolina Bluegrass Planned Development We the undersigned oppose a connection to Goldman Street We see no significant benefit of such a connection. One entrance and exit helps to constrain the speed of traffic. Provides privacy and limited road noise, encouraging walking, bicycle use and outdoor activity by children, as well as reducing the frequency of unknown vehicles. We perceive living on a dead end street safer than living on a two way street. We strongly encourage our elected officials to protect the privacy and safety afforded to us in our community of twenty-five single family residencies. Name Address I . rem r 2% Cool ��_6 AW4-MA 5-1i T 3. 2t2 k an 4. fn O 5. I �d.P, 6. tx Q 8. W�;l 6 )r-A-ate 9. [�lIVt�Cfr 5 W i ! i c�w�S 507 &old w�,m, ;f fj . rct - y Aee-lr W.� I�, �_ � _ - �} li►1 to • 13 n I �r 1 Petition Continued • NAME ^ I ADDRESS 14 1 fYr6` �Iywsorn? �G, 1 A P(i T 15 J/"% FP/� Z2 7 Af 4'41 y 1�?OK 16. 4 4.1 17 I QX�ain Ce- �� • ll F� 5 1 - I V"�O l�yy) nh Ut` � 18 /114 9,K Z ff4/�1%S 19 � �r � ' �icC4` 50 201 . 0 �CA )YV`Wt' OU / bo Y 4a U C/ Ile 23. VL�JI/� �tll (k0(p 1 ' l2Gt� l U C 25. 26. 27. 28. 29. 30. 31. 32. 33. •