The headline
Council passed amendments to the Airport Overlay District (AOD) ordinance and approved a fee-in-lieu of taxes (FILOT) agreement for the Project Creed solar development. These decisions followed lengthy public hearings and debate regarding land use regulations and regional tax incentives.
Amendments to Airport Overlay District Ordinance (3rd Reading):
Council approved specific text amendments to the Airport Overlay District ordinance regarding land use and safety.
Yes 4 · No 2
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How they voted
✓ Ben Connell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✗ Russell Brazell✗ Jimmy JonesWhat this was about
This measure formalizes text changes to the county’s Airport Overlay District (AOD) regulations, focusing on height limitations and land use safety zones to align with FAA and state aeronautics standards. The amendments specifically address residential protections, including ensuring that the abandonment of nonconforming uses does not apply to long-standing, bona fide residences caught within the new zoning restrictions. Councilman Brant Tomlinson introduced additions to require that new structures be sited in the least restrictive portions of a property whenever practical. While supporters argue these changes provide necessary safety and FAA compliance, opponents expressed concerns about potential property devaluation, land use restrictions, and the future installation of light systems that could negatively impact the surrounding Hunt Country community. Following public hearings and debate, the amendments passed on a 4-2 vote, with Council members Russell Brazell and Jimmy Jones opposing the changes due to concerns about the impact on local property owners.
PASSED For 4 · Against 2 (R. Brazell and J. Jones voted NO)
Who said what
» Richard and Berit Osworth: They argued that the AOD expansion constitutes a government taking of private property without just compensation.
» Councilman Brant Tomlinson: He noted the amendments ensure fairness by protecting existing homes from being forced out by future AOD-related nonconformance rules.
Votes at a glance ▸ tap to showtap to hide
Amendments to Airport Overlay District Ordinance (3rd Reading):
Council approved specific text amendments to the Airport Overlay District ordinance regarding land use and safety.
Yes 4 · No 2
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detailsless
How they voted
✓ Ben Connell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✗ Russell Brazell✗ Jimmy JonesWhat this was about
This measure formalizes text changes to the county’s Airport Overlay District (AOD) regulations, focusing on height limitations and land use safety zones to align with FAA and state aeronautics standards. The amendments specifically address residential protections, including ensuring that the abandonment of nonconforming uses does not apply to long-standing, bona fide residences caught within the new zoning restrictions. Councilman Brant Tomlinson introduced additions to require that new structures be sited in the least restrictive portions of a property whenever practical. While supporters argue these changes provide necessary safety and FAA compliance, opponents expressed concerns about potential property devaluation, land use restrictions, and the future installation of light systems that could negatively impact the surrounding Hunt Country community. Following public hearings and debate, the amendments passed on a 4-2 vote, with Council members Russell Brazell and Jimmy Jones opposing the changes due to concerns about the impact on local property owners.
PASSED For 4 · Against 2 (R. Brazell and J. Jones voted NO)
Who said what
» Richard and Berit Osworth: They argued that the AOD expansion constitutes a government taking of private property without just compensation.
» Councilman Brant Tomlinson: He noted the amendments ensure fairness by protecting existing homes from being forced out by future AOD-related nonconformance rules.
Airport Overlay District Ordinance as amended (3rd Reading):
Council gave final approval to the updated AOD ordinance following the adoption of amendments.
Yes 4 · No 2
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How they voted
✓ Ben Connell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✗ Russell Brazell✗ Jimmy JonesWhat this was about
This vote marks the final passage of the revised Airport Overlay District ordinance. The ordinance modifies the county's unified code of zoning to update defined terms, clarify the functions of the AOD, and establish specific safety and land use restrictions. These changes are intended to align the county with Federal Aviation Administration and South Carolina Aeronautics Commission recommendations, which are often required for securing future federal airport improvement funding. The ordinance creates a framework for managing structures, nonconforming uses, and variances near the airport. Despite the inclusion of recent amendments aimed at protecting existing residential property rights, the ordinance faced a divided vote. Ultimately, Council passed the measure 4-2, moving the county into full alignment with state and federal aeronautical land-use guidelines. The ordinance will now be integrated into the county's official code, guiding future development in the vicinity of the airport facility.
PASSED For 4 · Against 2 (R. Brazell and J. Jones voted NO)
Project Creed FILOT Ordinance Amendment:
Council approved technical text changes and finalized terms for the Project Creed solar development agreement.
Taxes & budget
Yes 5 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Derek Shoemake✓ Jimmy Jones✓ Danny CatoeWhat this was about
This vote finalized specific language changes to the Fee-in-Lieu of Ad Valorem Taxes (FILOT) ordinance for Project Creed, which is a solar energy development. The amendment updated the ordinance to formally identify the project sponsor as Creed Solar, LLC, and populated the accompanying agreement with final terms, including detailed property descriptions for the project site. This amendment was a necessary step to ensure the legal document accurately reflected the scope of the solar project before the final, third-reading vote. The council debated the measure during the session, with some members questioning the regional tax incentive strategy being utilized for solar developments. Despite the opposition from Council members Danny Catoe and Jimmy Jones, who voted against the amendment, the measure passed with the support of the majority of the council, allowing the project to proceed to its final vote.
PASSED For 5 · Against 0 (D. Catoe and J. Jones voted NO). This vote concerned specific changes to the ordinance text prior to the final approval
About this project: Project Creed »
Third Reading of Project Creed FILOT Ordinance as amended (3rd Reading):
Council finalized a tax incentive agreement for the Creed Solar, LLC development project.
Taxes & budget
Yes 4 · No 2
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How they voted
✓ Ben Connell✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson✗ Danny Catoe✗ Jimmy JonesWhat this was about
With this final vote, the Council approved the Fee-in-Lieu of Ad Valorem Taxes (FILOT) agreement for Project Creed, now identified as Creed Solar, LLC. This agreement grants the developer specialized tax incentives and certain Special Source Revenue Credits as part of the county's effort to attract and support industrial solar development. FILOT agreements are common tools used by Kershaw County to encourage long-term capital investment by providing a predictable tax structure for the company. The project was previously vetted during first and second readings held in January and early February. The final approval came after significant deliberation regarding the impact of these incentives on the local tax base. While the project received the green light in a 4-2 vote, Council members Danny Catoe and Jimmy Jones remained in opposition, consistent with their previous votes against the ordinance amendments. The approval clears the way for the company to finalize its project investment in the county.
PASSED For 4 · Against 2 (D. Catoe and J. Jones voted NO)
About this project: Project Creed »
Second Reading of Multi-County Business Park Ordinance (2nd Reading):
Council unanimously approved the creation of a joint business park with Lee County.
Jobs & economyParks & rec
Unanimous · 7-0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny CatoeWhat this was about
This ordinance creates a joint Multi-County Business Park (MCIP) between Kershaw County and Lee County, as authorized under South Carolina state law. The park structure allows both counties to share tax revenues generated by industrial or commercial properties located within the designated park area. Additionally, it provides specific tax advantages, such as statutory job tax credits, which serve as an incentive for new businesses to locate in the region. The agreement establishes terms for the distribution of fee-in-lieu-of-tax revenues between the two counties and other affected local taxing entities. This was the second reading of the ordinance, which received unanimous support from the Council. The move is part of a regional strategy to bolster economic development by creating a more competitive tax environment for prospective industries. The ordinance will now advance to a final reading before it is officially enacted.
PASSED (Unanimous)
Routine business:
Council approved the agenda, prior meeting minutes, and two local board and commission appointments.
RoadsAppointments
Unanimous · 7-0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny CatoeWhat this was about
The Council completed several routine administrative tasks to ensure the smooth operation of local governance. This included the unanimous adoption of the meeting agenda, with the removal of two items for future consideration, and the approval of minutes from the February 11 meeting. Furthermore, the council made two key appointments: Nichola Garcia was reappointed to the Clean Community Commission for a three-year term, and Whitney Marsh DeChant was appointed to the Santee Wateree Regional Transportation Authority board to represent the county. These boards play a vital role in local quality-of-life initiatives and regional transit planning, respectively. Such appointments are essential for maintaining the functionality of county-affiliated authorities and advisory commissions. No controversy or debate surrounded these personnel decisions, and they were handled as standard procedure to fulfill the county's organizational obligations.
Council voted unanimously to adopt the agenda as amended, approve minutes from February 11, reappoint Nichola Garcia to the Clean Community Commission, appoint Whitney Marsh DeChant to the Santee Wateree Regional Transportation Authority, and enter/exit executive session
Discussed, no vote ▸ tap to showtap to hide
Council received an update on the Pecan Orchard engineering study and reviewed options for RIA grant funding to assist with subdivision improvements. The matter was referred to the Finance Committee for further deliberation on funding sources. Additionally, council discussed the status of the Comprehensive Plan, noting that more time is required for completion, and received a presentation from Central Carolina Technical College.
Public comment ▸ tap to showtap to hide
Several residents spoke regarding the proposed Airport Overlay District (AOD) amendments, expressing concerns about potential property devaluation, land use restrictions, and the installation of lighting systems. Others provided input during the public hearings on both the AOD ordinance and the Project Creed solar initiative.
Coming up ▸ tap to showtap to hide
Council will continue discussions on the Comprehensive Plan and the Pecan Orchard infrastructure project at future meetings.
This is an independent summary prepared from the county's official published minutes, not an official county communication.