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100223 Council Mtg Mins Adopted Page 1 of 6 MINUTES OF OCTOBER 2, 2023 Briton S. Williams, Mayor Jenafer F. McCauley, Councilmember – Mayor Pro Tem David B. Buck, Councilmember Pat C. Carpenter, Councilmember David W. McGhee, Councilmember Eric H. Presnell, Councilmember Kevin W. Toole, Councilmember ORDER OF BUSINESS The 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 October 2, 2023 Public Power Hour began at 5:30pm. Members present were Mayor Williams, Councilmembers Buck, Carpenter, McCauley, McGhee, and Toole. Member absent was Councilmember Presnell. Also, in attendance were Ricky Jones, Manager of Information Technology and Jamie Paul, City Clerk. 1. William Gunnells, will speak on purchasing of City property. Stephanie Humphrey of Martinez, GA spoke on behalf of Mr. Gunnells. She highlighted the history on the pool installation and the stop order as Mr. Gunnells removed trees that he thought was on his property, however, is the City property and has since dug the hole for the pool. She stated they would like to purchase the City property so they can keep the hole where it is. Mayor Williams clarified the hole for the pool is encroaching on the City property and is in front of the home which the pool cannot be in front of the home and why he has the stop order. Page 2 of 6 Council and Ms. Humphrey further discussed the location of the pool per the approved plan and added that staff will reach out to Mr. Gunnells to review the pool location again. For more details see the following link for Public Power Hour: https://www.northaugustasc.gov/government/mayor-city-council/mayor/public-power-hour The Public Power Hour concluded at 5:50 pm. REGULAR MEETING The Regular meeting of the City Council of the City of North Augusta of October 2, 2023 having been duly publicized was called to order by Mayor Williams at 6:00pm 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”. Per Section 30-4-80, (e) notice of the meeting by email was sent out to the current maintained “Agenda Mailout” list consisting of news media outlets and individuals or companies requesting notification. Notice of the meeting was also posted on the outside doors of the Municipal Center, the main bulletin board of the Municipal Center located on the first floor, and the City of North Augusta website. Mayor Williams rendered the invocation and the Pledge of Allegiance. Members present were Mayor Williams, Councilmembers Buck, Carpenter, McCauley, McGhee, and Toole. Member absent was Councilmember Presnell. Also, in attendance were James S. Clifford, City Administrator; Rachelle Moody, Assistant City Administrator; Kelly F. Zier, City Attorney; Tommy Paradise, Director of Planning & Development; Lynda Williamson, Director of Finance; Kayla Ferguson, Manager of Human Resources; Ricky Jones, Manager of Information Technology, Jamie Paul, City Clerk. ITEM 4. APPROVAL OF MINUTES: The minutes of the City Council Meeting of September 18, 2023 and Study Session of September 25, 2023, were approved as submitted by general consent. NEW BUSINESS ITEM 5. PLANNING AND DEVELOPMENT: Ordinance No. 2023-16 to Amend the Zoning Map of the City of North Augusta, South Carolina by Rezoning ± 9.84 Acres of Land Owned by CSRA Development Company, Aiken County Tax Parcel No. 007-15-03-002 from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single-Family Residential – First Reading No public comment. Page 3 of 6 Administrator Clifford stated the location is just east of the Public Safety Headquarters and is a private developer that presented to Planning and Development for a townhome complex and with the request of the rezone the development of the townhomes would be allowed. Staff recommends approval. It was moved by Councilmember McCauley, seconded by Councilmember Carpenter, to approve Ordinance No. 2023-16 to Amend the Zoning Map of the City of North Augusta, South Carolina by Rezoning ± 9.84 Acres of Land Owned by CSRA Development Company, Aiken County Tax Parcel No. 007- 15-03-002 from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single-Family Residential – First Reading. Unanimously Approved. (See Attachment #5) ITEM 6. PLANNING AND DEVELOPMENT: Ordinance No. 2023-17 to Change the Corporate Limits of the City of North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ±27.48 Acres of Property Located at 244 & 246 Clearmont Drive and Owned by Pearle E. Hewitt, Isabella Mackie, Terence A. Mackie, & Anna Margaret Edwards – First Reading No public comment. Administrator Clifford clarified that the annexation was brought to the City by the landowners and not a forced annexation by the City. It was moved by Councilmember Toole, seconded by Councilmember Buck, to approve Ordinance No. 2023-17 to Change the Corporate Limits of the City of North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ±27.48 Acres of Property Located at 244 & 246 Clearmont Drive and Owned by Pearle E. Hewitt, Isabella Mackie, Terence A. Mackie, & Anna Margaret Edwards – First Reading. Unanimously Approved. (See Attachment #6) ITEM 7. ADMINISTRATION: Ordinance No. 2023-18 to Amend the Code of Laws for the City of North Augusta. Specifically, Section 2-101, Qualifications for City Administrator. – First Reading Mayor Williams stated that the item should have been addressed in June and that is on him for not having on the agenda sooner as the leader. Attorney Zier provided an overview of the Ordinance, Section 2-101, Qualifications for City Administrator which was adopted in 1977 and it included the requirement of the Administrator to live within the City. He added he researched municipalities over the South Carolina mainly cities that are similar in size to the City of North Augusta. He pointed out that Beaufort does have a requirement and all others did not have a requirement for their managers to live within the City (Greenville, Charleston, Columbia, etc.). He stated that the same wording that is presented in the current Ordinance in front of Council is the same wording the other municipalities had, where it states that the administrator/manager can reside outside the municipality with Council approval. Public Comments: Steve Donohue, resident, commented that it the item has nothing to do with Administrator Clifford it has to with policy. He noted that there are 271 cities in South Carolina and broke down the cities by population less than 5,000 and 1,000 and pointed out that there are 15 cities that have a population more than 5,000. He stated that the Administrator is a full-time position and needs to be in the City to see it, Page 4 of 6 feel it, and live it just as the policy states. In addition, he spoke upon the millage increases over the last couple of years. Fred Ilardi, resident, commented that Administrator Clifford was hired in August 2020 and stated the opinion that it took a news article and three years and two months for this item to be brought to the table. He added that when hired with the requirement to move into the City the municipality lost out on other candidates that may have submitted for the opening. He stated that the difference is that he lives in the City and pays taxes and Mr. Clifford does not. Michael Reed, resident, stated that he agrees with Mr. Ilardi’s comments and has the issue of addressing the residency requirement after the three years and two months of Mr. Clifford’s contract. He noted that he is paying taxes and Mr. Clifford is not. He stated that the Council is not making decisions that are in the best interest of the citizens and that the City needs to keep to contracts that are made. Mike Breazeale, resident, stated that he appreciates everything Administrator Clifford does and is great to work with. He commented that he does work in Columbia County too and they have a similar situation where the Deputy Director lives over here and not in their County and he does a good job for them too. Councilmember Toole stated that he appreciates Administrator Clifford’s work, however, feels that the Chief Administrator should live within the City fundamentally in order to make decisions. Councilmember McCauley read a statement into the record, which highlighted on her view of running the City as a business and benefits of having an Administrator outside the limits being that the applications would not be limited to people who could possibly move into the City and that their decisions could be made on business decision not an emotional decision. She noted that most municipalities do not require administrators to live within the city and that in the end Council brings the emotion and if Mr. Clifford was not performing or any other administrator at the level they expect, Council can remove the person. Councilmember Carpenter stated that she wished this issue was addressed at the time of Mr. Clifford’s hiring and pointed that she attends a lot of functions for the City and she always sees Mr. Clifford there for the majority of them. He appreciates his work that he has done for the City. She added she feels that we should change this ordinance. Councilmember McGhee stated that there is a small pool with residency and agrees with Councilmember Carpenter that you want the best candidate for the City. He added that Mr. Clifford works for the City and that Council has the authority to vote down his recommendation and that Mayor can choose to have him removed. He added that he does like the idea of having a nonbiased opinion. Councilmember Buck stated that Mr. Clifford is a hired employee and not elected and that if the person in the position is doing what is right for the City why should they push the person out. Mayor Williams commented that contracts can be changed and/or amended at any time. He provided a vision of what they wanted back in 1977 as to why the administrator was to live within the City. He highlighted on items Mr. Clifford does for the city such as bringing the Iron Man to North Augusta, Tech Net meeting at Crown Plaza, purchasing food in North Augusta, etc. He added that everyone that spoke stated that Mr. Clifford is doing a great job for the City. It was moved by Councilmember McCauley, seconded by Councilmember Carpenter, to approve Ordinance No. 2023-18 to Amend the Code of Laws for the City of North Augusta. Specifically, Section 2- Page 5 of 6 101, Qualifications for City Administrator. – First Reading. Vote: 5 – 1 with Nay from Councilmember Toole. Approved. (See Attachment #7) ITEM 8. ADMINISTRATION: Resolution No. 2023-37 to Authorize the Issuing of a Parade Permit to North Augusta Lions Club to Conduct the 2023 Christmas Parade on Sunday, December 3, 2023 No public comment. Administrator Clifford stated that this is an annual resolution from the Lions Club and that the Christmas parade is on December 3, 2023 from 10:30am to 5:00pm and that staff recommends approval. It was moved by Councilmember McCauley, seconded by Councilmember McGhee, to approve Resolution No. 2023-37 to Authorize the Issuing of a Parade Permit to North Augusta Lions Club to Conduct the 2023 Christmas Parade on Sunday, December 3, 2023. Unanimously Approved. (See Attachment #8) ITEM 9. PARKS, RECREATION, AND TOURISM: Resolution No. 2023-38 Selecting R.D. Brown Construction Company, Inc. as the City’s General Contractor for the Riverside Village Boat Dock, Overlook, Sharon Jones Amphitheater Rest Area, and Sharon Jones Amphitheater Expansion Project No public comment. Administrator Clifford reviewed the history of the bid process noting that they only had one bid which was R.D. Brown Construction Company who is the same contractor who built the amphitheater. He clarified that staff checked with the State Grant representative regarding receipt of one bid and that the State is allowing the City to use the contractor as all proper steps were done. It was moved by Councilmember Carpenter, seconded by Councilmember McGhee, to approve Resolution No. 2023-38 Selecting R.D. Brown Construction Company, Inc. as the City’s General Contractor for the Riverside Village Boat Dock, Overlook, Sharon Jones Amphitheater Rest Area, and Sharon Jones Amphitheater Expansion Project. Unanimously Approved. (See Attachment #9) ITEM 10. ADMINISTRATIVE REPORTS Administrator Clifford stated that the Director of Public Safety position has been advertised and will be advertised through October 20, 2023. He noted they will evaluate the candidates and conduct a hiring panel which the Administrator and Mayor will be apart of. Mr. Clifford commented that Capital Project Sales Tax I & II have closed after many years. ITEM 11. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS: A. Citizen Comments: No comment. ORDINANCE NO. 2023-16 TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY REZONING ± 9.84 ACRES OF LAND OWNED BY CSRA DEVELOPMENT COMPANY, AIKEN COUNTY TAX PARCEL NO. 007-15-03-002 FROM R-10, MEDIUM LOT, SINGLE-FAMILY RESIDENTIAL TO R-7, SMALL LOT, SINGLE-FAMILY RESIDENTIAL WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code and a citywide Zoning Map which is consistent with the City’s North Augusta 2017 Comprehensive Plan; and WHEREAS, the property owner, CSRA Development Company, has requested the property be rezoned from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single- Family Residential; and WHEREAS, the North Augusta Planning Commission, following a September 20, 2023 public hearing, reviewed and considered a request by CSRA Development Company to amend the Official Zoning Map of North Augusta from R-10, Medium Lot, Single-Family Residential to R- 7, Small Lot, Single-Family Residential for an approximately ±9.84 acre consisting of tax parcel 007-15-03-002 and has issued their recommendation. The staff reports and the recommendation of the Planning Commission 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: I. A parcel consisting of +9.84 acres owned by CSRA Development Company, is hereby rezoned from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single- Family Residential. Said property is Aiken County tax map parcel 007-15-03-002 and specifically identified as Exhibit “B” 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. ATTACHMENT #5 Page 1 of 11 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF OCTOBER, 2023. First Reading Briton S. Williams, Mayor Second Reading ATTEST: Jamie Paul, City Clerk ATTACHMENT #5 Page 2 of 11 GOLD M A N RIVE R S I D E BUEN A V I S T A VIC T O R I A RIV E R S I D E BR O O K S I D E PON C E D E L E O N ELM RIVERSIDE MEA L I N G SIKES Subject Parcel TPN 007-15-03-002 approx. 9.84 ac to be rezoned R-7 Map Key Zoning GC IND P PD R-10 R-14 R-5 R-7 EXHIBIT B Application Number RZM23-001 TPN 007-15-03-002 A request to rezone approx. 9.84 ac from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single-Family Residential 013026039052065 Feet 9/21/2023 ± Path: H:\kbaker\ArcGIS\Rezonings\RZM23-001 Hawks Vista\RZM23-001 Hawks Vista.aprx ATTACHMENT #5 Page 3 of 11 Department of Planning and Development Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 SECTION 1: PROJECT SUMMARY Project Name Hawks Vista Applicant CSRA Development Company, LLC Address/Location Along E. Buena Vista Ave. Parcel Numbers 007-15-03-002 Existing Zoning R-10, Medium Lot, Single-Family Residential Overlay NA Traffic Impact Tier 1 Proposed Use Townhouses Proposed Zoning R-7, Small Lot, Single-Family Residential Future Land Use Mixed Use SECTION 2: PLANNING COMMISSION CONSIDERATION Section 5.3 of the North Augusta Development Code (NADC) provides uniform procedures for processing changes to the Official Zoning Map. The Planning Commission must use the criteria established in NADC Section 5.3.6 to evaluate each application. These criteria are further analyzed in Section 6 of this report, but are as follows per NADC Section 5.3.6.1-10: 1. The size of the tract(s) in question. 2. Whether the proposal conforms with and furthers the goals of the Comprehensive Plan, other adopted plans, and the goals, objectives, and policies of this Chapter. Specifically, the Planning Commission shall consider the goals stated in §1.2. 3. The relationship of the uses envisioned under the new zoning and the uses currently present in adjacent tracts. In particular, the Planning Commission shall consider whether: ATTACHMENT #5 Page 4 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 2 of 8 a. The proposed rezoning is compatible with the surrounding area; b. There will be any adverse effects on the capacity or safety of the portion of street network influenced by the rezoning; c. There will be any adverse effects on existing or planned public utility services in the area; d. Parking problems; or e. Environmental impacts that the new use will generate such as excessive storm water runoff, water, air, or noise pollution, excessive nighttime lighting or other nuisances. 4. Any recent change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration and development. 5. The zoning districts and existing land uses of the surrounding properties. 6. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification. 7. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character. 8. The length of time the subject property has remained vacant as zoned, if applicable. 9. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs including, but not limited to, affordable housing and economic development. 10. Whether the existing zoning was in error at the time of adoption. As referenced in item (2) above, NADC Section 1.2.1 states the following: 1.2.1 Comprehensive Development Code The Development Code as established in this Chapter has been made in accordance with a comprehensive plan for the purpose of promoting health, safety, and the general welfare of the community. It is intended to consolidate in one place and in logical order, without unnecessary duplication, the city’s regulations pertaining to land use and development. It is designed to make it possible for all of those concerned with land use and development to have access to all relevant city legislation in one convenient Chapter that is capable of being published and distributed as a separate and comprehensive segment of the Code of Ordinances, City of North Augusta, South Carolina, hereinafter referred to as the City Code, as a whole. The specific objectives of this Chapter are: 1.2.1.1 To protect the health, safety and general welfare; and 1.2.1.2 To promote new development forms that complete neighborhoods that: a. Are designed at a human scale by controlling massing and design that respects the architectural vernacular of North Augusta; ATTACHMENT #5 Page 5 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 3 of 8 b. Foster communication among neighbors and connectivity to the larger community by allowing compact development patterns, interconnected street systems, short blocks; c. Include or reinforce central places, such as North Augusta’s traditional downtown and neighborhood commercial centers, civic gathering places, and open space; d. Encourage walking and biking by the layout of blocks and streets; e. Accommodate vehicular travel without allowing parking lots and streets to dominate the built environment; f. Provide a mix of housing types, including housing affordable to all households and housing arrangements that foster neighborliness; g. Provide a variety of spaces, including outdoor and passive outdoor uses, which become part of the public realm; h. Design streets as outdoor rooms, with attention to pedestrian and bicyclist safety as well as to the safety of motorists; i. Includes neighborhood design that responds to the natural, cultural and historic context; j. Are the result of a planning process that is inclusive and involves opportunities for negotiation between the designer and the City. 1.2.2 Zoning Regulations The zoning and land use regulations set forth in Articles 2, 3 and 4 are designed to promote the public health, safety, and general welfare and to protect and preserve places and areas of historical, cultural, or architectural importance and significance. Planning Commission Action Requested: The Planning Commission may recommend approval or denial of this request according to NADC § 5.1.3. The Planning Commission’s recommendation is then forwarded to the City Council for their consideration per NADC § 5.3.5.3. SECTION 3: PUBLIC NOTICE Per NADC Table 5-1, a notice of the rezoning request and scheduled date of the Planning Commission public hearing was originally mailed to property owners within 200 feet of the subject property on September 1, 2023. The property was posted with the required public notice on September 6, 2023. A public notice of the rezoning request and scheduled date of the Planning Commission public hearing was published in The North Augusta Star and on the City’s website at www.northaugustasc.gov on September 6, 2023. ATTACHMENT #5 Page 6 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 4 of 8 SECTION 4: SITE HISTORY The subject parcel is vacant. The property is intended to be used for a future townhouse development. The applicant is requesting to rezone ±9.84 acres, TPN 007-15-03-002, from R-10, Medium Lot, Single-Family Residential to R-7, Small Lot, Single-Family Residential to facilitate the subdivision. The applicant has also submitted a variance request to the Board of Zoning Appeals for a variance to the minimum lot width allowed in the R-7, Small Lot, Single-Family Residential zoning district to allow for a typical townhome design. SECTION 5: EXISTING SITE CONDITIONS Existing Land Use Future Land Use Zoning Subject Parcel Vacant Mixed Use R-10, Medium Lot, Single- Family Residential North Commercial/Residential Residential Single Family GC, General Commercial South Greeneway Mixed Use/Residential Multifamily/Open Space Preservation PD, Planned Development East Apartments Residential Multifamily R-5, Mixed Residential West Vacant Open Space Preservation P, Public Use Access – The property currently has access from East Buena Vista Avenue. There is potential for future access to Elm Street but it is currently blocked by an adjacent property. Topography – The majority of the parcel is relatively flat but slopes significantly towards the Greeneway south of Sikes Avenue. Utilities – Water is available along East Buena Vista Avenue. An existing wastewater line is also available from East Buena Vista Avenue. Both utilities will need to be extended into the site. Floodplain – The property is not located in a federally designated floodway. Drainage Basin – The parcel is located in the Waterworks Basin. ATTACHMENT #5 Page 7 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 5 of 8 SECTION 6: STAFF EVALUATION AND ANALYSIS Staff provides the following information for context related to the Commission’s deliberation. Descriptions and commentary added by staff will be italicized. 1. The size of the tract in question (§5.3.6.1). The total acreage of the requested rezoning is approximately 9.84 acres. 2. Whether the proposal conforms with and furthers the goals of the Comprehensive Plan, other adopted plans, and the goals, objectives, and policies of the Development Code, §1.2 (§5.3.6.2). The Comprehensive Plan Future Land Use Map shows this parcel as Low Density Residential. The Comprehensive Plan Goal 4.3 prioritizes infill development. Existing infrastructure and amenities are available. Strategy 6.2 generally supports provision of varying home types to provide a more varied housing stock to attract and retain a more diverse population. While the property is not easily connected to other residential developments in the area, it does provide an opportunity for future access to Elm Street and the River Club Planned Development. Additionally, residents may access the Greeneway from East Buena Vista Avenue as an alternate route to downtown North Augusta and Riverside Village (Strategy 7.3). 3. The relationship of the uses envisioned under the new zoning and the uses currently present in adjacent tracts. In particular, the Planning Commission shall consider whether as stated in NADC §5.3.6.3. a. The proposed rezoning is compatible with the surrounding area; The surrounding area contains mostly residential development. The property is located to the south of North Augusta Elementary School and the North Augusta Community Center. There are several gas stations and convenience store nearby and within walking distance to Maude Edenfield Park, the Greeneway, and downtown North Augusta. The proposed rezoning is compatible with nearby development. There will be any adverse effects on the capacity or safety of the portion of street network influenced by the rezoning; Any negative effects on traffic flow will be mitigated prior to construction. The overall townhouse development will require a Traffic Impact Analysis ATTACHMENT #5 Page 8 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 6 of 8 (TIA) to be submitted as required by NADC §8.7 for consideration with any major subdivision preliminary plat application. b. There will be any adverse effects on existing or planned public utility services in the area; Any infrastructure improvements must be provided by the developer. A determination of the adequacy and availability of potable water and sanitary sewer will be analyzed by the City Engineer at the time of major subdivision preliminary plat approval. This application may be approved subject to the deferral of development until all public facilities are deemed available and adequate. Staff does not anticipate any issues with the provision of utilities. c. Parking problems; or Parking will be required to meet City standards at the time of site plan approval. Any waivers or variances must be addressed by the Planning Commission or Board of Zoning Appeals, as applicable. Guest parking and recreational vehicle parking must be addressed. d. Environmental impacts that the new use will generate such as excessive storm water runoff, water, air, or noise pollution, excessive nighttime lighting or other nuisances. Noise and lighting will be subject to the standards of the Development Code and Municipal Code, as applicable. 4. Any recent change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration and development (§5.3.6.4). The surrounding area has not seen any significant recent zoning changes; however, the approved Bluegrass Place Planned Development proposed to bridge East Buena Avenue and East Martintown Road to the East of the site has potential to add significant growth over the next few years, with several large residential developments accessing the road. The East Buena Vista Avenue corridor is an important thoroughfare to commercial and residential developments and serves as a connector between Atomic Road, the SC-121 interchange, and downtown North Augusta. This development will be similar in character to the surrounding area. ATTACHMENT #5 Page 9 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 7 of 8 5. The zoning districts and existing land uses of the surrounding properties (§5.3.6.5). The proposed development will consist of single-family townhouses. The proposed residential use provides additional housing options in this part of the City. Open spaces and green spaces provided in the plan allow additional recreational opportunities. The proposed development is compatible with surrounding area and existing developments. 6. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification (§5.3.6.6). The subject property is suitable for residential development. 7. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character (§5.3.6.7). There are currently a mix of housing types and densities along East Buena Vista Avenue. The proposed townhomes would be compatible with existing multifamily and single family homes in the vicinity. 8. The length of time the subject property has remained vacant as zoned, if applicable (§5.3.6.8). The current site is undeveloped and has been zoned R-10, Medium Lot, Single-Family Residential since the adoption of the Official Zoning Map with the 2008 North Augusta Development Code. 9. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs including, but not limited to, affordable housing and economic development (§5.3.6.9). The change in zoning fromR-10 to R-7 will diversify the available land for market-driven uses. There are not many large, undeveloped parcels within the City Limits in the surrounding area with the exception of the proposed Bluegrass Place Planned Development. 10. Whether the existing zoning was in error at the time of adoption (§5.3.6.10). The subject parcel is in an area of mixed zoning districts and does not appear to have been an error at the time of adoption. ATTACHMENT #5 Page 10 of 11 Project Staff Report RZM23-001 Hawks Vista Prepared by: Kuleigh Baker Meeting Date: September 20, 2023 Page 8 of 8 SECTION 7: RECOMMENDATION The Department has determined the application is complete. Staff recommends that TPN 007- 15-03-002 should be rezoned from R-10 to R-7. The Planning Commission may recommend approval or denial of this request according to NADC § 5.1.3. SECTION 8: ATTACHMENTS 1. Aerial 2. Topography 3. Current Zoning 4. Proposed Zoning 5. Future Land Use 6. Public Hearing Notice 7. Application Documents cc Keith Lawrence, via email ATTACHMENT #5 Page 11 of 11 ORDINANCE NO. 2023-17 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS AND ANNEXING ± 27.48 ACRES OF PROPERTY LOCATED AT 244 & 246 CLEARMONT DRIVE AND OWNED BY PEARLE E. HEWITT, ISABELLA MACKIE, TERENCE A. MACKIE, & ANNA MARGARET EDWARDS 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 City Council hereby accepts the Petition for Annexation as submitted by the Property owner. II.The following described property shall be annexed into the City of North Augusta: The property to be annexed is also shown on a map identified as “Exhibit A” titled “Map of Properties Sought to be Annexed to the City of North Augusta” prepared by the City of North Augusta. III.The zoning classification shall be R-7, Small Lot Single-Family, as shown on a map identified as “Exhibit A” titled “Map of Properties Sought to be Annexed to the City of North Augusta” and prepared by the City of North Augusta. A.All the certain lot, parcel or piece of land lying and being in the County of Aiken, State of South Carolina, and containing +19 acres, more or less as shown on the certain plat by Chas. A. Maxwell for Garrison Greenwood and dated ATTACHMENT #6 Page 1 of 17 November 4, 1909 and Recorded in Misc. Book 2 at Page 269 RMC for Aiken County. This being the same property conveyed to Garrison Greenwood in Book 15 at Page 237, dated January 3, 1911 and recorded March 9, 1967 for the Aiken County Office of the RMC. The Estate of Mattie Mackie being the heir of Garrison Greenwood. TMS 11-13-01-023 B. All certain lot, parcel or piece of land lying and being in the County of Aiken, State of South Carolina, and containing ±8.48 acres, more or less as shown on a plat made for Isabella Mackie dated April 14, 2017 and recorded June 6, 2017 in Plat Book 59 at Page 996, RMC for Aiken County This being the same property conveyed in Book 34 at Page 16 dated December 4, 1919. The Estate of Mattie Mackle being the heir to said Josephine Jeter. TMS 011-13-01-005 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 OCTOBER, 2023. First Reading: Second Reading: Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #6 Page 2 of 17 ATTACHMENT #6 Page 3 of 17 Department of Planning and Development Project Staff Report ANX23-005 244 and 246 Clearmont Drive Prepared by: La’Stacia Reese Meeting Date: September 20, 2023 Page 1 of 4 SECTION 1: ANNEXATION REQUEST SUMMARY Address/Location 244 and 246 Clearmont Drive Parcel Numbers 011-13-01-023 and 011-13-01-005 Total Development Size ± 8.48 acres and ± 19 acres Zoning Requested R-7, Small Lot, Single-Family Residential Future Land Use Residential Single Family SECTION 2: PLANNING COMMISSION CONSIDERATION Robert Steed, representing the property owner, has requested to annex parcel 011-13-01-023, approximately 19 acres, and parcel 011-13-01-005, approximately 8.48 acres located at 244 and 246 Clearmont Drive in Aiken County. The request is for the parcel to be zoned R-7, Small Lot, Single-Family Residential at the time of annexation. NADC § 18.3.7 Additional Reviews 18.3.7.3 Annexation – All proposed annexations, where the requested zoning is inconsistent with the Land Use Element of the Comprehensive Plan or differs from zoning on adjacent property, shall be reviewed by the Planning Commission for conformity and consistency with the Comprehensive Plan and recommendations regarding the zoning to be applied to the property to be annexed shall be forwarded to the City Council in accordance with the Planning Commission recommendation procedures specified in Article 5, Approval Procedures. The Planning Commission is being asked to make a recommendation regarding the zoning classification of this property prior to annexation. The subject parcel is outside the Future Land Use Map area. ATTACHMENT #6 Page 4 of 17 Project Staff Report ANX23-005 244 and 246 Clearmont Drive Prepared by: La’Stacia Reese Meeting Date: September 20, 2023 Page 2 of 4 SECTION 3: EXISTING SITE CONDITIONS Existing Land Use Future Land Use Zoning Subject Parcels Single-Family Residential/Single-Family Residential Residential Single Family RD, Residential Development (Aiken County)/RD, Residential Development (Aiken County) North Single-Family Residential/Single-Family Residential Residential Single Family RD, Residential Development (Aiken County)/R-5, Mixed Residential South Single-Family Residential/Single Family Residential Residential Single Family RD, Residential Development (Aiken County)/RD, Residential Development (Aiken County) East Single-Family Residential/Single-Family Residential Residential Single Family RD, Residential Development (Aiken County)/ RD, Residential Development (Aiken County) West Single-Family Residential/Single-Family Residential Residential Single Family RD, Residential Development (Aiken County)/RD, Residential Development (Aiken County) SECTION 4: STAFF EVALUATION AND ANALYSIS The parcels proposed for annexation currently are heavily wooded with buildings at the front of parcel 011-13-01-005. The applicant has requested the R-7, Small Lot, Single-Family Residential zoning district at the time of annexation. The Planning Commission is being asked to make a recommendation regarding the compatibility of the zoning classification of this property prior to annexation because the subject parcel’s future land use is Residential Single Family. The R-7, Small Lot, Single-Family Residential zoning district is described as the following: 3.3.2.2 R-7, Small Lot Single-Family Residential District – The purpose of this district is to provide for a variety of single-family housing types on small lots to meet market demands for smaller lot developments. It is also the intent of this district to balance higher densities with common open space. ATTACHMENT #6 Page 5 of 17 Project Staff Report ANX23-005 244 and 246 Clearmont Drive Prepared by: La’Stacia Reese Meeting Date: September 20, 2023 Page 3 of 4 The following uses are allowed in an R-7 zoning district: Primary Uses: • Duplex • Patio Homes • Single-family Detached Dwelling • Townhouse • Zero Lot-Line Units • Tourist Homes • Churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services (subject to 4.9) • Open space, park, or active recreational uses operated on non-commercial basis • Swimming Pool • Cemeteries • Telephone exchange and repeater stations • Utility lines (including electric lines, phone and cable lines, distribution circuits, gas and fuel lines, water lines, steam and air conditioning lines, irrigation channels, and sewer and waste water lines) Accessory Uses: • Accessory uses as allowed in Article 4 and this table (Table 3-2, Use Matrix) • Bus Shelters • Storage of construction equipment, outdoor, incidental to construction activities. • Accessory Dwellings (carriage houses, granny flats, echo homes, subject to 4.4) • Home Occupations • Community Centers, meetings halls, community halls, reception halls, wedding halls, for assembly and recreation • Studios for artists, designers, musicians, photographers, sculptors (not as home occupation) • Parking lots, parking structures or underground parking areas Conditional Uses: • Group Homes, Non Exempt (subject to 4.13) • Child Care • Private or non-profit clubs, including country clubs, athletic clubs, lodges, fraternal organizations, and swimming clubs on a noncommercial membership basis. Includes social, fraternal, social service, union and civic organizations ATTACHMENT #6 Page 6 of 17 Project Staff Report ANX23-005 244 and 246 Clearmont Drive Prepared by: La’Stacia Reese Meeting Date: September 20, 2023 Page 4 of 4 • Schools, academic, nursery and preschool, grade schools, elementary, middle, and high school Private boat docks, boat houses, or marinas • Agricultural uses including raising crops, horticulture, orchards, forestry, and related uses, excluding livestock, unless otherwise listed in this matrix Special Exception Uses: • Cell towers, communication towers, and antennae (subject to §4.8) (Rev. 12-1-08; Ord. 2008-18) • Gas or electric generation distribution facilities, compressor stations, or substations Section 6.2 of the Comprehensive Plan promotes providing a more varied housing stock to attract and retain a more diverse population, especially in downtown and near employment centers. Section 6.2.2 of the Comprehensive Plan encourages revising the zoning ordinance and map to incentivize a variety of housing types at higher densities. This is further supported by Section 4.2.4 to support the priorities and principles of the Aiken, Edgefield, and Saluda Counties Economic Development Partnership by providing housing in an area that is expanding with new industries. Based on these descriptions and nearby similarly zoned properties within the city limits, staff believes allowing R-7, Small Lot, Single Family Residential zoning is appropriate for the property. SECTION 5: ATTACHMENTS Exhibit A Map Exhibit B Map Application Documents cc Robert Steed, via email ATTACHMENT #6 Page 7 of 17 ATTACHMENT #6 Page 8 of 17 ATTACHMENT #6 Page 9 of 17 ATTACHMENT #6 Page 10 of 17 ATTACHMENT #6 Page 11 of 17 ATTACHMENT #6 Page 12 of 17 ATTACHMENT #6 Page 13 of 17 ATTACHMENT #6 Page 14 of 17 ATTACHMENT #6 Page 15 of 17 ATTACHMENT #6 Page 16 of 17 ATTACHMENT #6 Page 17 of 17 ORDINANCE NUMBER 2023-18 TO AMEND THE CODE OF LAWS FOR THE CITY OF NORTH AUGUSTA. SPECIFICALLY, SECTION 2-101, QUALIFICATIONS FOR CITY ADMINISTRATOR. WHEREAS, the Mayor and City Council have reviewed the existing Section 2-101 of the City Code establishing qualifications for the Office of City Administrator; and, WHEREAS, the review by Council has included reviews of Ordinances throughout the State by cities employing either a City Administrator or City Manager; and, WHEREAS, the current Code requires that the City Administrator, during his tenure of office shall reside within the City; and, WHEREAS, Mayor and Council have determined that such policy is extremely restrictive and could prevent the City from employing and retaining the most qualified person to hold such office and represent the City; and WHEREAS, the Council has determined that the vast majority of cities within the State have no specific requirement requiring residency within the City although some while not requiring such residency have a provision that would allow the City Administrator to reside outside of the City with the approval of Council; and WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to amend the City Ordinance at this time. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council for the City of North Augusta, South Carolina in meeting duly assembled and by the authority thereof that: Section 2-101 - Qualifications be deleted in its entirety as currently written and replaced by the following: SECTION 2-101 – QUALIFICATIONS: (a) The Council shall employ an administrator and fix his/her compensation. The administrator shall be employed solely on the basis of his executive and administrative qualifications. He/she need not be a resident of the city or state at the time of his employment. He/she may reside outside the city while in office only with the approval of the Council. (b) No Councilmember or Mayor shall be employed as administrator during the term for which he/she shall have been elected. ATTACHMENT #7 Page 1 of 2 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF OCTOBER, 2023. First Reading Briton S. Williams, Mayor Second Reading ATTEST: Jamie Paul, City Clerk ATTACHMENT #7 Page 2 of 2 RESOLUTION NO. 2023-37 TO AUTHORIZE THE ISSUING OF A PARADE PERMIT TO NORTH AUGUSTA LIONS CLUB TO CONDUCT THE 2023 CHRISTMAS PARADE ON SUNDAY, DECEMBER 3, 2023 WHEREAS, North Augusta Lions Club has requested a permit to hold a Christmas Parade to celebrate the Christmas Season; and WHEREAS, the request is to hold the parade on December 3, 2023 with the lineup of the parade beginning on Martintown Road, between Knox Avenue and Georgia Avenue. The parade will then proceed on Georgia Avenue beginning at Martintown Road, traveling South and will disperse end at Clifton Avenue; and WHEREAS, the parade will utilize the roadway as identified above with side roads blocked by Public Safety personnel, with spectators on either side of the parade route; and WHEREAS, the parade will involve the usage of the lineup area and parade route from approximately 10:30 AM until 5:00 PM; and WHEREAS, the Mayor and City Council has reviewed the request and finds that the parade permit applied for, at the time requested and upon the roadways as indicated, is not detrimental to the health, safety, welfare or convenience of the residents of the City and, in fact, will benefit the public; and WHEREAS, such request has been timely made and complies with the Code of Ordinances for the City of North Augusta. 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 request for a permit is approved as follows: 1. TIME: Approx. 10:30 AM until 5:00 PM 2. DATE: December 3, 2023 3. LOCATION: Martintown Road, between Knox Avenue and Georgia Avenue, as well as Georgia Avenue beginning at Martintown Road, traveling South to end at Clifton Avenue 4. SPECIAL CONDITIONS: The parade will utilize the public roadways which will be blocked for any other vehicular traffic, to include side roads entering into the parade route, by Public Safety personnel. Spectators will be allowed to assemble on either side of the roadway along the parade route. 5. BOND: Not be required ATTACHMENT #8 Page 1 of 4 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF OCTOBER, 2022. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #8 Page 2 of 4 AT T A C H M E N T #8 Pa g e 3 of 4 CITY OF NORTH AUGUSTA, SOUTH CAROLINA PERMIT PERMIT GRANTED TO: Terra Carroll, Activites Chair North Augusta Lions Club ACTIVITY: 2023 North Augusta Lions Club Christmas Parade DATE/TIME: December 3, 2023 – 3:00pm LOCATION: Parade participants will assemble in the Crossroads Market Shopping Plaza and line-up along Martintown Road to Gerogia Avenue. The parade begins at Martintown Road/Georgia Avenue and ends at Clifton Avenue. STIPULATION: No candy may be thrown from floats, or moving vehicles. Candy can be handed out by walkers to children. CONTACT PERSON: Terra Carroll North Augusta Lions Club P. O. Box 6385 North Augusta, SC 29861 PHONE: 803-624-2487 This permit is granted under the conditions that advertisement placards will not be affixed to any City property or public utility property (i.e. traffic signs, street signs, utility poles, or along the roadway). Further, signs erected on private property shall be removed immediately upon completion of the activity. City of North Augusta Mayor's Office By: Date: 100 Georgia Ave ● North Augusta ● South Carolina ● 29841 803-441-4202 ● www.northaugustasc.gov ATTACHMENT #8 Page 4 of 4 RESOLUTION NO. 2023-38 A RESOLUTION SELECTING R.D. BROWN CONSTRUCTION COMPANY, INC. AS THE CITY’S GENERAL CONTRACTOR FOR THE RIVERSIDE VILLAGE BOAT DOCK, OVERLOOK, SHARON JONES AMPHITHEATER REST AREA AND SHARON JONES AMPHITHEATER EXPANSION PROJECT WHEREAS, Resolution 2021-38 authorized a professional agreement with Cranston Engineering for design of a boat dock in Riverside Village; and WHEREAS, Resolution 2022-09 authorized a grant application to the State of South Carolina Parks, Recreation, & Tourism Department for federal funding assistance to aid in financing the cost of the Sharon Jones Amphitheater Rest Area project and the City was awarded an LWCF grant of $264,391; and WHEREAS, Resolution 2022-57 authorized a grant application to the state of South Carolina for funding assistance to aid in financing the cost of the Sharon Jones Expansion Project and the City was awarded $150,000 Undiscovered South Carolina grant; and WHEREAS, the City of North Augusta was awarded a $250,000 Aiken County Water Craft tax funds grant to construct a boat dock on the Savannah River; and WHEREAS, the City desires to retain a general contractor to construct the Riverside Village Boat Dock, Overlook, Sharon Jones Amphitheater Rest Area, and Sharon Jones Expansion Project with the construction manager at-risk methodology which is approved in the City procurement code; and WHEREAS, one (1) firm responded to a “Request for Qualifications” mandatory meeting; and WHEREAS, one (1) firm submitted a written proposal which was reviewed by a staff committee consisting of a representative from Cranston Engineering, the Director of Parks, Recreation, & Tourism, and the Superintendent of Facilities & Programs; and WHEREAS, after reviewing the written proposal and conducting an interview with the firm, the committee determined that R.D. Brown Construction Company, Inc. of North Augusta, South Carolina, is best qualified to provide the required services for this particular project. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in a meeting duly assembled and by the authority thereof, that: 1. The City authorizes a construction manager at-risk procurement method for the Riverside Village Boat Dock, Overlook, Sharon Jones Amphitheater Rest Area, and Sharon Jones Amphitheater Expansion Project. 2. The City awards the construction manager at-risk contract to R.D. Brown Construction Company, Inc. for a fee of 9%. 3. The City Administrator is authorized to develop a Guaranteed Maximum Price with R.D. Brown Construction and present that price to the Council in order to establish the budget ATTACHMENT #9 Page 1 of 2 for the Riverside Village Boat Dock, Overlook, Sharon Jones Amphitheater Rest Area, and Sharon Jones Amphitheater Expansion Project. 4. The funding for this action will be derived from the $664,391 grant funds listed in this resolution and the required matching funds from the Capital Projects Fund, unencumbered SLFRF, and/or other unencumbered CPST funds. 5. Prior to any construction activities on-site or financial obligations by the City, a contract needs to be presented and ratified by the City Council. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _______ DAY OF OCTOBER, 2023. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #9 Page 2 of 2