And Offers Two City Residents a Red Herring

by Don Moniak

December 14, 2022
Updated February 3, 2023.

As reported in Introducing Powderhouse Crossing and The Parker at Aiken Apartments, the Aiken Planning Commission was scheduled to review, and expected to approve, two annexation and development proposals at its Tuesday, December 13, 2022 meeting: 

• A 336-unit Apartment Complex on thirty-acres near USC-Aiken and along Gregg Highway named The Parker at Aiken; to be zoned as “planned residential” in accordance with city policy for residential developments greater than four acres.
• An eleven tract equestrian subdivision of thirty-three acres—-of which 4.5 acres requires annexation—-along Powderhouse Road named Powderhouse Crossing; also to be zoned as “planned residential.”

As expected, Tuesday night the Planning Commission unanimously approved the 336-unit Parker at Aiken “luxury garden” apartment complex, but not before requiring the developer to pave more of the property at the expense of the city’s open space requirements. 

Approval of the application to annex 30 acres into the city and construct the 14-building, 336-unit complex already contained nine conditions identified by the city planning department.  The commission revised condition two to require buildings be thirty feet from the property boundary instead of ten feet; and added condition number ten: 

“Item 10 should read 50 (additional) parking spaces minimum. To achieve that a waiver can be granted for a reduction of open space….item 10 to produce or add parking as needed for spots a minimum of 50, dependent on open space requirements that can be reduced as such to achieve a 50 minimum (additional) parking spaces.” (13:45 to 14:15 of the meeting). 

Commissioners reasoned that, because of the number of two and three bedroom apartments, 1.5 parking spaces per unit provided insufficient parking.  Although the concept plan called for 517 parking spaces, “which is 13 more than required,” the planning commission made an arbitrary decision to add more; contradicting the original condition that the developer comply with open space requirements.

Except for the developer, who offered to answer any questions, no citizens spoke on the proposal.

Update: The decision to add more parking was not made during the public hearing, it was made during the 5-6 p.m. “work session.” During a “review of items on the regular agenda” in the work session, the change in parking requirements was recommended and commissioners concurred to change the proposed ordinance:

“Commissioner Clarkson suggested a change to the Ordinance to require more parking for apartments with more than 2 bedrooms and it was agreed that an Ordinance change should be presented to City Council.” (December 13, 2022 Planning Commission Meeting Minutes, Page 2)

“Bad Information” and a Red Herring

Powderhouse Crossing also was approved unanimously, after eight
citizens spoke in favor of the proposed equestrian residential development on property recently purchased by Worth Capitol Holding’s Rusty Holzer of the famous and infamous Holzer family (1). The property is adjacent to the Autoneum manufacturing plant, Bruce’s Field equestrian park, and the Virginia Acres (unincorporated portion), Dunbarton Oaks, Ward Hills, and Gatewood neighborhoods. Only one citizen expressed opposition, but only after learning the new subdivision is planned as a gated community.

Three citizens who expressed full support for the development did have some questions and concerns. Aiken city resident and neighbor Randy Cole describing having “moved here a couple of years ago and it looks like a great project. My only concern is when we did move here we were told that was conservation land and it would never be developed, and now it looks like it’s going to be developed.” 

Planning Commission Chairman Ryan Reynolds interrupted to say “I think that’s some bad information.” 

Cole agreed, and went on to say he would “hate to see all the trees go down and I’m looking at the back of a barn where I had the woods.” He did not add that retaining some forestland would also buffer the upscale development from the adjacent neighborhood. (1)

The sentiment was repeated by city resident and neighbor Lisa Skiffington, who expressed a desire for “a restriction where they’d leave some of our trees there since that’s part of the reason we bought.” 

Instead of asking for the developer’s representative to address the issue, Reynolds then actually spoke to the developer’s intent, and offered a red herring as an alternative:

“I’m sure they’ll make every effort to get along with their neighbors but they’ll be able to do what’s in their legal right to do if moving all those trees is within their right. And they have that right to do that right now as planned residential. So they could be putting in a bunch of dense apartments in there right now and they’re not, so try to keep that in mind. But I understand the concern.” 

So minutes after opining to a concerned city resident they had received “bad information,” Chairman Reynolds provided inaccurate information to the only neighbors expressing a concern and who also pay city taxes. Neither the planning director nor commissioners offered any of the following corrections or clarifications:

• By definition, planned residential zoning allows for conditions on development, as it “gives City Council control of the details of a proposed project through approval of a concept plan…each concept plan is subject to detailed review by City Council.” This is a condition developers accept in return for city services—water, sewer, a paid fire department, and a city police department. (2)
  
• The planning department and commission required the Parker at Aiken planned residential apartment complex to “comply with the City of Aiken Tree Preservation, buffer, and landscape requirements.” Yet, the only condition for the planned residential equestrian development is “that some natural buffer of grand or significant trees are maintained in those areas that are currently vegetated (3).”
  
  Chairman Reynolds also mis-phrased the preservation of grand trees—a city policy—as a salvage operation, stating there will be “some salvage of grand and significant trees.”  The Planning Commission does has the authority to recommend a buffer and adherence to tree preservation rules to City Council, and council has the the authority to impose such requirements on the developer.
  
• In planned residential, any proposal to develop a “bunch of dense apartments” would require twice as much open space and likely compel the planning department to require a wider forested buffer around the property. A dense apartment complex on property traditionally viewed as passive open space would also provoke a maelstrom of objections and opposition from surrounding neighbors.  Threatening city residents with a worse alternative that does not exist and is a remote possibility is a prime example of a red herring.
  
  

The commission also failed to adequately address the question of future development of a five-acre portion of the thirty acres. When county resident and neighbor John Kelly asked if the five acres “might become commercial,” Reynolds replied “if we had a crystal ball we’d tell you.” 

What was not conveyed by the commmission is the limitation of commercial space to five percent of a planned residential district, meaning the 33.4 acre tract is only allowed up to 1.67 acres of commercial development. Although the definition of “commercial space” is as malleable in Aiken City planning as the concept of open space, the proper answer to the question is that part of five acres can be commercialized if City Council approves.

Footnotes

(1) Rusty Holzer is a multi-millionaire New York City investor and Palm Beach real estate developer who endured a prolonged legal battle with former Wall Street business partners and recently agreed to penalties from the Security Exchange Commission for insider trading violations. His wife Ashley Holzer is a four-time Olympic equestrian from Canada who won a bronze medal in 1988. His mother Jane Holzer is a former Andy Warhol actress who has waged property disputes with KKR Investment magnet Joseph Bae and billionaire David Koch.

(2) The first page Page of the Planning Director’s memo to the Planning Commission reads:

(3) As the entire 33.4 acres is vegetated, the sentence should read “areas that are currently forested.”

(4) During the May 2022 Planning Commission meeting, Chairman Reynolds told another concerned citizen that the city did have the authority to limit clearcutting:

“Chairman Reynolds informed her that the developers would have comply with landscaping and tree requirements that would prevent clear cutting the parcel. Ms. Moultrie added that the Applicant will be required to do a tree survey and retain any grand and significant trees.”

(May 10, 2022 Planning Commission meeting minutes).