How the City of Aiken Planning Commission Voted Against a Small Property Owner’s General Business Zoning Request.

By Don Moniak
March 26, 2023.
(Updated April 9, 2023)

On March 14, 2023, the Aiken Planning Commission made the unusual decision of denying a request for a business-friendly zoning change from a small landowner.

At issue was a request from property owners Sean and Jamelia Grant to rezone a half-acre lot at 975 Laurens Street (HWY 19 North), at the corner of Lincoln Avenue, from Residential, Single Family (RSD) zoning to a General Business (GB) zoning district. The property is within walking distance of hundreds of residents, next to a small business district at the junction of Highway 19 and University Parkway, and a mile from the Aiken County government building.

The property is 700 feet from a new housing development called Aiken Village. Four months ago the Planning Commission voted to recommend approval of that 68-unit, 330-home rental townhome development on 50 acres of land along Rutland Drive. The substantial resulting traffic increase at the Hwy 118 bypass (University Parkway) and Highway 19 North (Edgefield Highway) intersection has yet to be quantified.

The property sits 700 feet from the edge of the “Aiken Village” site where hundreds of potential customers might reside within a few years. The rezoning application from property owners Sean and Jamelia Grant provided a simple, handwritten justification for rezoning:

“To allow for the highest and best use of the property, since it is adjacent to other General Business properties.”

The memo from planning department director Marya Moultrie confirmed that, “the proposed General Business zoning is suitable for the subject property;” and explained that properties to the north and south were zoned General Business and involved “commercial uses along University Parkway and Rutland Drive.”

The memo cited the definition of General Business directly from Section 2.4.4 of the city’s zoning ordinance:

“The General Business (GB) District allows a broad range of commercial uses offering both retail goods and services, and, where appropriate, residential uses. Because the district is intended to serve people from throughout the community who use automobiles to reach the uses, it is located along major roadways, but uses should also be accessible to pedestrians.“

In the Planning Commission’s agenda packet was a map showing the existing zoning—a mix of residential and General Business (1) with not a single Limited Business designation in the area. Under a GB designation, property owners are not obligated to disclose their plans.

(April 9, 2023 Update,According to the meeting minutes for the work session that preceded the Public Hearing, the following conversation took place:

“Commissioners expressed concern about the General Business zoning for the parcel and it was pointed out that the ingress/ egress was on Lincoln Avenue where there were no other properties zoned GB. Ms. Moultrie suggested a change to a more restrictive zoning.” 

While no formal vote was taken, information discussed during a work session was not introduced into the formal Public Hearing record; and a decision was made outside of the announced public process. )

During the formal Public Hearing, following less than six minutes of discussion that involved a single speaker with a concern regarding traffic at the junction of Laurens Street and Lincoln Avenue, the commission unanimously voted to recommend that Aiken City Council deny the request.

One reason cited for the negative vote was the size of the property, with
commissioner Sam Erb stating.

“I personally don’t think it’s a large enough lot to be General business anyway.”

According to Table 4.3.1 of the city’s zoning ordinance , the minimum lot size for a General Business designation is a mere 6,000 square feet—or 0.14 acres, three times smaller than the property in question. In fact, there are several properties within walking distance of 975 Laurens Street, NW of similar and even smaller lot size, including the recently closed Seafood Station Restaurant (below) near recently demolished Hahn Village. Commissioner Erb’s misleading statement drew no corrections from the planning department or other members of the commission.

Soon after, commission Chairman Ryan Reynolds stated:

“I’d be willing to certainly revisit this property at a different time, but this is wrong for that property.” 

The commission subsequently voted to recommend denying the request by a unanimous vote. The Planning Department has since forwarded the recommendation to City Council, with no explanation for its negative recommendation. In its memo to City Council, the recommendation to deny the application is a few paragraphs below one of many supporting statements for the application. (below)

The Lincoln Avenue Traffic Issue: Can’t Turn Left

The vote occurred after a single question of concern involving the traffic issues at Lincoln Avenue and Laurens Street, an issue exacerbated in recent years by area growth. Lincoln Avenue runs from Laurens Street to Vaucluse Road, but functions as a dead end road, with the only dependable way out being at Laurens Street.

A half-mile mile stretch of dirt road occupies the middle of the route, and is a long-time illegal dumping ground that can be treacherous after any significant rainfall. Efforts are ongoing by the developer of an approved gated subdivision to have the county pave its road to allow for access to their property, but no paving is in the forecast. The result is a relatively quiet, difficult to access neighborhood, with the corresponding disadvantage of a difficult exit.

The planning commission normally dismisses any traffic concerns, and at most requires a traffic study after project approval, but not before approval. For example, in November the commission approved a major residential subdivision of up to 330 rental townhomes at Rutland Avenue and Highway 19/Laurens Street— within visual and walking distance of 975 Laurens St, NW. (2)

Lincoln Avenue resident Eugene Mackey raised the issue by first asking:

“I need some clarifications. First, this is General business, but what would that entail?”

Marya Moultrie responded:

“That’s basically our higher intensity. It’s not industrial, but it’s our higher intensity commercial use. It’s what you typically see for shopping centers and things of that nature.” 

This was contrary to Ms. Moultrie’s own memo to the commission that described the property as suitable for General Business; which does not identify intensity as much as it defines permissiveness.

General Business allows for a wide spectrum of use including truck stops, liquor stores, restaurant, offices, bed and breakfasts, nightclubs, car washes, auto repair shops, used car lots, and shopping centers. Higher intensity, larger commercial developments on five acres or more are routinely zoned today within Planned Commercial districts.

Mr. Mackey went on to say:

“My concern is is that we already have a lot of traffic right at that corner coming off of Lincoln Avenue, so what would that do with far as congestion and residents getting in and out of their homes? We already have a problem as it is, now this General business is a little concerning. I just don’t see that’s happening right now, because like I say in the evenings 4:30 to 6 o’clock we can’t hardly get out of there to go anywhere you know to get on Rutland or go up to 19 because of traffic jams now. What would this do for for us living on Lincoln Avenue? “

Chairman Reynolds responded:

“I understand the concern. General business does provide for quite a lot of developments.”

The commission deliberated a few minutes before arriving at the unaminous conclusion to recommend against the rezoning request.

That is how a small property owner was denied the same opportunities afforded by the City of Aiken to neighboring property owners like Southwood Realty and a shopping center developed by area developer Weldon Wyatt and his partners. (1b) The request is now scheduled for review by Aiken City Council at its March 27th meeting.

In his memo to City Council, City Manager Stuart Bedenbaugh merely wrote: “The Commission voted unanimously to recommend to City Council DENIAL of the request to rezone 975 Laurens Street NW from Residential Single-Family (RS-8) to General Business (GB).” The exact legal reason for the denial remains unwritten and unknown. The traffic issues remain well-known, and will persist whether this small lot is converted from residential to small business use.

Ironically, the property owners could have paid the city $200 through the DEMO 200 program, with few questions asked, to have the vacant home on their property demolished; but were stymied in their first attempt to pursue the “highest and best use” for their property.

Update: March 27, 2023. The agenda item was “continued at the request of the applicant. The proposed ordinance states that the proposed rezoning does comply with the city’s comprehensive plan, and proposes that City Council override the Planning Commission’s recommendation.

Footnotes

(1) The General Business district at the busy intersection of Highway 19/Laurens Street and University Parkway/Rutland Avenue is composed of two parts:

a. An older stretch of individual commercial buildings built in 1970’s and 1980’s on half acre to one acre lots; which includes a service station/convenience store that is the new home of the Southeastern Stages bus stop that was once downtown at Pendleton and Barnwell.

b. The new Sprint/AT&T/Dollar Tree gas station, convenience store, and shopping center (below) located on 4.9 acres. The 4.9-acre property was subdivided from a larger parcel under a purchase and sale agreement with Weldon Wyatt’s WTC Enterprises, LLC; conveniently avoiding the 5.0-acre minimum threshold for Planned Commercial designation that would have required a concept plan and retention of a minimum of 25 percent open space.

The Planning Commission unanimously recommended approving a General Business designation on April 10, 2018. The motion was made and seconded by two commissioners, Charles Matthews and Ryan Reynolds, who voted against the same designation for the half-acre at 975 Laurens St, NW. The applicants gave no information about their future plans, and no plans were required under the General Business designation.

(2) In the case of “Aiken Village,” a traffic study was required for the Planned Residential subdivision, but the project was approved prior to its completion. The owner of the property is VP Riverside, which purchased it for $2.5 million in September of 2022. Under Planned Residential status, up to five percent of the property, or 2.5 acres, can be developed for commercial use.

Even though no commercial use was contemplated in the concept plan presented to the Planning Commission on November 15, 2022; and approved by City Council on December 12, 2022, VP Riverside presently showcases the development as a commercial development opportunity along Rutland Avenue (below).

One of the partners in VP Riverside is former North Augusta City Manager Todd Glover; who now serves as the Executive Director of the powerful Municipal Association of South Carolina (MASC). At three different meetings, Mr. Glover did not divulge any plans for commercial development at Aiken Village, but his firm and their developer, Stark Enterprises, retain the right to add up to 2.5 acres of commercial development—five times the area of 975 Laurens St, NW.