Category Archives: Planning & Development

City Government, Development Issues, Editorials, June 2023, Planning & Development

“The Zoning Has Been In Place Forever”

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Parker’s Kitchen at Stratford and Whiskey – if approved would be more broken zoning promises

“The zoning has been in place forever.” That is what Aiken City Attorney Gary Smith told the Aiken City Council on the evening of Sept 28th, 2020 before Council approved a car wash on a parcel that was zoned to exclude car washes. Other conditions prohibited on that zoning included no 24 hour businesses, no fuel sales and no fast food restaurants among other things most people wouldn’t appreciate in their backyard.

Enter Parker’s Kitchen, a 24 hour fuel sales/ fast food joint, now applying for approval on that same parcel. The heavily opposed proposal is on this Monday night’s City Council agenda.

Stratford Drive off of Whiskey serves as the single entrance into the three subdivisions. In 2003 when the Springstone Villas portion was approved as the most recent of those subdivisions, it was done as a rezoning and the commercial portion of that rezoning had restrictions/conditions placed on it for future development.

The LuLu’s Experience

In 2020, despite hundreds of signatures on a petition protesting the LuLu’s car wash proposal; despite zoning conditions on the books since 2003 that included NO CAR WASHES, despite a lengthy and passionate public comment period without a single area citizen in support of the proposal, City Council nonetheless approved the request by a 5-2 vote to put a car wash on a parcel with zoning conditions prohibiting a car wash. Councilwoman Diggs and Councilwoman Price were the two dissenting votes.

The same level of resistance and lack of support characterize the debate over the Parker’s Kitchen at Stratford and Whiskey Road proposal.

To add further insult to the LuLu’s approval, Council members Kay Brohl, Andrea Gregory, and Ed Woltz blamed citizens for not knowing what the zoning conditions were when they purchased their homes. The citizens did know. The zoning was Planned Commercial with zoning conditions that included no car washes, as seen below.

Click to enlarge

The record also shows that Council Members Kay Brohl and Ed Woltz both voted to approve these conditions in 2003, when they were on the Planning Commissioners and Ed Woltz was the Chairman. The minutes from that meeting are here.

After the PC’s recommendation was forwarded to Council, Councilwoman Lessie Price seconded the motion to approve those 2003 conditions. City Attorney Smith signed the 2003 rezoning ordinance above with the conditions included.

So that’s a total of four City officials still in power today who either voted or signed the ordinance to approve those 2003 conditions, and who are now charged with hearing the Parker’s Kitchen proposal.

Former councilman Don Sprawls, who is the current real estate representative for the parcel, also voted to approve. So that’s five people involved today who were instrumental in approving the 2003 conditions.

The Parker’s Kitchen and LuLu’s Overlap.

At present, a portion of the LuLu’s parcel is for sale and under contract by Parker’s Kitchen, a 24 hour fuel sale business. What are the other exclusions on those 2003 zoning conditions? They are fuel sales, 24-hour businesses of any kind, and fast food restaurants — all of which fit the description of Parker’s Kitchen.

At the first city council meeting on Parker’s Kitchen, April 24th, 2023 meeting , Councilwoman Price was the only official who seemed to remember those conditions as she made the motion to continue the hearing until a later date.

To be clear, City Council has the power to vote to change the zoning on a parcel; and, as we learned after a 2020 appeal on the Lulu’s decision, City Council can apparently also blatantly ignore conditions on a zoning parcel. City Attorney Gary Smith and former-planning staff member,(now planning director) Marya Moultrie paved the way for Council’s 2020 vote to approve Lulu’s, assuring Council that those conditions did not exist. A similar path has been paved for Parker’s.

City attorney Smith told the council that same night in 2020 that the Planned Commercial (PC) zoning had been in place forever. He stated the concept plan for the parcel had expired, and then, in the same meeting, he told them that the Lulu’s application was to amend a concept plan.

Which is it? The 2003 zoning conditions on the parcel were clear. The concept plan may have expired, but the zoning conditions did not.

As the video below highlights. Mr. Smith, Ms. Moultrie and five council members ignored citizen’s input, ignored the zoning conditions, and then had the audacity to lecture residents for not knowing the zoning conditions when they purchased their homes.

So City Council was led to believe by Planning Commission Staff and City Attorney Gary Smith that they were approving a concept plan on a parcel that had PC zoning without conditions.

The City of Aiken got away with approving Lulu’s, and a Circuit Court Judge ruled in their favor on an appeal. But that was pre-Pascalis lawsuits, pre-Silver Bluff grocery store lawsuit, pre-flurry of ethics complaints, pre-Labscalis.

Back in 2020, only those affected by Lulu’s were paying attention. Up until now, there has been considerably less resistance to the demolishing of historic buildings across a half a city block, heavy-handed land-clearing and development, and the now ubiquitous Dollar Stores and Lulu’s.

Semantics Matter

In the City’s quest to assure those in attendance in the 2020 meeting, (as they approved Lulu’s) that the 2003 zoning conditions no longer existed — that the conditions had somehow magically vanished from the PC zoning — it appears they did not bother to actually remove the conditions or change the zoning because, recall, as Smith told us, “The zoning has been in place forever.” Indeed the PC zoning — with the conditions — has has been in place since then.

The new 2020 ordinance on the parcel approving Lulu’s reads ” Approve a Concept Plan”

While the 2003 zoning ordinance reads ” Approve a re-zoning”

Semantics matter, zoning is zoning, and the court of public opinion is turning. The latter was clearly evident in citizens’ statements made during the public comment portion of the May 22, 2023 City Council meeting to council members regarding matters of civility and having their voices heard. It certainly appears more people are paying attention. Maybe they’re finding more time to read up on local issues while parked on Whiskey.

The 2003 Zoning Conditions Still Recognized in 2014

More research uncovered that the zoning conditions had not fallen off in 2014 when another applicant put a concept plan in for this parcel. Then Planning Director, Ed Evans, put it right in the agenda packet.

The evidence showing that the conditions are ZONING conditions rather than concept plan conditions just continues to accumulate.

Parker’s Kitchen

During the April 24, 2023 meeting on Parkers, I asked Ms. Moultrie if those conditions were listed in the agenda’s Parker’s documents. Mayor Osbon redirected the question to himself. and then did not answer the question.

However, Mayor Osbon did make an issue of a sign that said ‘Shame’ that my 80 year-old aunt held up during my comments, and directed at Council. Law enforcement was called in handle the quite dainty, 80 year-old lady holding a small sign in a City Council meeting.

Now , in the June 12th, 2023 Memorandum from City Manager Stuart Bedenbaugh in the agenda packet for Parker’s states that:

Since no building permits were issued within 5 years of the
original commercial component of the concept plan approval, the 2003 concept plan approval for the commercial component expired, but the PC zoning stayed on the property.

Mr. Bedenbaugh acknowledges in the memo that the 2003 ZONING stayed on the property, but what he failed to admit is that the 2003 PC zoning came with conditions (see the 2003 Ordinance )

The 2003 Concept Plan and Zoning Process.

Permits were issued under that rezoning for Springstone Villas. They are also zoned PC as shown on the map below. This was found in Lulu’s application packet.

Springstone Villas enjoy the same zoning as the parcel in question as it was all rezoned to PC at the same time, in fact, officials placed the conditions on the commercial portion of the PC because there was no definite concept plan for the commercial component for it at the time of the rezoning and this ensured the residential portion of the PC zoning (Springstone Villas) would be protected. The minutes of the 2003 meetings accurately depict this. From the July 14th, 2023 First Reading

Later in that same meeting Councilman Cunning confirmed there is no definite commercial plan.

Early on in those same July minutes it states Planned Commercial zoning requires approval of a Concept Plan. Again, the only Concept Plan ever approved to move forward for this parcel at that 2003 rezoning was that of Springstone Villas.

This seems to completely negate the City’s claim that the 2003 Concept Plan of the Commercial component has expired. According to the minutes, there never was a definite concept plan for the commercial component approved – the Concept Plan approved was for Springstone Villas and the commercial component was Planned Commercial with conditions.

The first PC zoning approval conditions read “only the residential portion will be allowed to proceed and that the concept plan for the commercial portion be reviewed by the planning commission and council prior to approval of any site plan for that portion” (credit to Stratford resident John Melvin for discovering this clause).

The Continuation of the First Parker’s Hearing

Well-organized citizen opposition to Parker’s Kitchen proposal will be presenting their positions to City Council on Monday night, June 12th. City Council will meet an informed, passionate and intelligent citizenry. The opposition is growing, not shrinking.

In addition to concerns over the City’s compliance with its own zoning conditions on Parker’s, there are concerns over issues of health and safety regarding siting a gas station next to a residential area. The City is well-advised to review the definitions of arbitrary and capricious before making their decision.

There is also a closed-door Executive Session scheduled Monday before the meeting to accept legal advice on the Parker’s Kitchen proposal. Although allowed, The Freedom of Information Act does not encourage Executive Sessions. The key word is that Council “can” enter closed door meetings under some exemptions. There is no “shall.”

There is no reason, especially after the legal discussion during the April 24th unfinished hearing, why the legal issues can not be discussed in full open view. There is no pending litigation that is one prerequisite for taking legal advice behind closed doors. The issue should be aired in open session, on-the-record, for every citizen to hear.

Springstone Villas and Aiken Resident Jean Greenwald speaking about protecting public health, quality of life, and property values at the April 24, 2023 public hearing, which can be viewed at https://www.youtube.com/watch?v=JvF4LcMG6iY&t=9703s



Full Disclosure: My mother was the plaintiff vs. The City Council in the appeal on the Lulu’s decision. My Uncle was the President of the Springstone HOA when the Hotel was built off Whiskey Rd adjacent to Stratford. He, along with others, worked hard to make sure that hotel would not affect the residential area. Due to the berm and tree buffers, the dedicated entrance at the opposite of the property off Whiskey Rd, and to not putting a curb cut on Stratford, you truly do not know that hotel exists when you enter into this residential area. They did it right.

City Government, Development Issues, Planning & Development, Public Safety, Traffic & Safety

Gas Stations, Vice Stores, and Public Safety

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Parker’s Kitchen and the near absence of public safety and security reviews in the planning process.

by Don Moniak

June 11, 2023

Gas stations and convenience stores are common scenes of criminal acts. Some are planned, like robberies, shoplifting, and small time grifting like quick-change artists. More are impulsive, such as assaults, robberies of individuals, and car burglaries. The risks are highest for employees, most of the incidents occur at night and early morning, and nearby neighborhoods can provide escape routes.

These risk factors seldom enter the public debate over new gas station and convenient store developments, nor any other developments. The proposed Parker’s Kitchen at Stratford and Whiskey Road is no exception.

The Proposed Parker’s Kitchen at Stratford and Whiskey.

Parker’s Kitchen applied to the City of Aiken to build a 5,175 square foot, 24-hour gas station/convenience store/restaurant with eight gas station pump islands fronting Whiskey Road. The proposal has met with strong resistance from neighbors.

The public debate features many legitimate issues, including increased traffic at an unsafe intersection, single road access to large neighborhoods, property values, the risk of major accidents, chemical exposures, and the zoning ordinance itself. As a result, the approval process has stalled.

One overlooked risk factor for nearby residents, workers, and customers is crime. Two facets are armed robberies and lower level crimes.

Armed Robberies

Gas stations are a common target for unsophisticated thieves and robbers. The number of armed robberies involving gas stations in the Aiken area include large, 24-hour establishments like the Circle K at Exit 22, Enmark on Hwy 78, and the new Sprint Station at Laurens and Rutland (1) .

These armed robberies sometimes end in assaults, shootings and murders. Low wage employees in chain stores are taught the proper policy of nonresistance, but are still at extreme risk of harm.

Robbers often escape on foot, sometimes into nearby neighborhoods where there are sheds, crawl spaces, woods, and other places to hide.

For a short period in the early to mid 2000’s, the Breaker’s Station at Six Points (below) was robbed two to three times per year. (3) On at least two occasions law enforcement converged on neighborhoods within 500 feet. In one instance it was a resident who alerted the police to a man hiding in his shed.

The instances of robbery and the threat to nearby residences greatly subsided after the owners began to close earlier and cleared the area behind the store. Better cameras were added, but cameras mainly help catch unsophisticated robbers, but do not necessarily deter them.

Breakers Gas Station and Convenience Store at intersection of Trolley Line Road, Vaucluse Road, Hampton Avenue and Shore Drive.

Lower Level Crime.

Almost all gas stations have convenient stores which generate the greatest share of profits. Convenient stores can be described as “Vice Stores,” since their primary inventory is alcohol, tobacco, sugary, salt, and caffeinated food, and Lotto. Some openly sell drug paraphanelia.

The effect is that ‘Vice Store’ establishments do attract people with personal problems ranging from substance abuse and gambling addiction. These are known factors that can lead to crime.

Another variable is that everyone who drives needs to refuel, including people with bad intentions. The nearer the neighborhood, the more likely it is to be targeted by someone with criminal intent and little sophistication.

Smaller robberies and assaults at gas stations used to be commonly reported in the days of “police blotters” (3) and occasionally are reported when more serious crime happens—-such as a shooting or the recent assault resulting from an argument over a squat-style truck.

Public Safety Reviews of New Developments.

All development applications go through planning departments.
The City of Aiken’s planning department has a process whereby each department is charged with reviewing the application and providing feedback.

An example of such a review (below) involved the Sundy Street apartments proposal in North Aiken.

Public Safety Review of Sundy Street Apartments.

Public Safety registered no concerns. But enough public safety concerns were raised by neighbors during the Planning Commission’s (PC) hearing that the developer offered to build a fence around the new apartments, (4), and the PC added it as a condition of approval.

In response to a Freedom of Information Request (5) for engineering and public safety reviews for Parker’s Kitchen, a thorough memo from engineering was provided, but there was no review by public safety in the FOIA response.

The basic fact is, gas stations/convenient stores experience robberies and other lower level crimes. An review of these risk factors should be part of any planning review process. For Parker’s Kitchen, the City of Aiken has provided no evidence of a review.

This Circle K on Hitchcock Parkway is one of many targets for armed robbers, and has been robbed in recent years.

This 24-hour Sprint Station was robbed on 1/1/2021.

Footnotes

(1) A short list of gas station/convenient store robberies in recent years.

6/11/19; 678 Pine Log Road, Circle K; 4:55 a.m

https://www.postandcourier.com/aikenstandard/news/police-asking-for-help-identifying-suspect-in-armed-robbery-at-aiken-gas-station/article_db1d0ce3-1935-59c5-bbb3-fb62b200fe37.html

6/6/20 Enmark on Charleston Highway, 4 a.m

https://www.postandcourier.com/aikenstandard/news/suspect-wanted-for-early-morning-robbery-of-aiken-gas-station/article_25b74a67-c951-53cc-b60a-c88ee1aeea22.html

1/1/2021, Sprint Gas Station, Laurens Street,

https://www.postandcourier.com/aikenstandard/news/crime/aiken-man-charged-in-armed-robbery-on-laurens-street/article_1d86b85c-0b3a-11ec-a759-4f58aed5d9f5.html

1/31/2020. Circle K. 2645 Columbia Highway, 2:25 a.m.

https://www.postandcourier.com/aikenstandard/news/police-investigating-two-robberies-in-aiken-county/article_ba41ff47-d14f-5ca2-8dfd-ccde7a727c44.html

1/14/2019 Unnamed convenience store, Wagener, SC 9:13 a.m

https://www.postandcourier.com/aikenstandard/news/deputies-seeking-wagener-armed-robbery-suspect/article_f6003810-0c11-5b9c-84ab-0a279d2a2fa6.html

4/18/2022. El Cheapo, North Augusta, 5 p.m.

https://www.postandcourier.com/aikenstandard/news/police-investigating-two-robberies-in-aiken-county/article_ba41ff47-d14f-5ca2-8dfd-ccde7a727c44.html

Page one results for a specific search on WFXG-FOX Augusta for ‘Gas Station Robberies’

(2) Don Moniak resided near Six Points for over a decade. His neighbor reported the man in the shed to police.

(3)Entry from September 5, 2018 police blotter in the Aiken Standard;

“Man called police from a gas station on Richland Avenue on Saturday claiming someone who goes by the name “Cory” assaulted him and robbed him. Officers reported the man was grossly intoxicated.”

This is just one example of dozens.

(4) After the developer agreed to build a fence, neighbor Gail Diggs called from the audience, ‘we want an 8-Foot fence.’ Ms. Diggs is a City Councilwoman who recused herself from the process, and helped fellow neighbors who had never spoken at a public hearing approach the podium to raise their concerns.

(5) FOIA Request #50-2023 was for;

1. Copies of any and all departmental reviews, including but not limited to Public Safety, Engineering and Utilities, and Public Works/Services, for all applications—-excluding annexations of single parcels—submitted to the Aiken Planning Department between December 1, 2022 and present. These reviews were cited by Planning Director Marya Moultrie during the February 14, 2023 Planning Commission meeting: “…engineering Public Safety Traffic Engineers we have to vet these against our own zoning ordinances.” Ms. Moultrie also described the existence of a public safety review of the Sundy Street apartments application, and stated “they had no concerns,” during the PC’s work session held prior to the meeting. 2. A copy of all traffic studies completed by city contractors or submitted by developers since September 1, 2022.”

After a fee determination of $138 for recent records, the request was modified to include only public safety and engineering reviews for two active applications; Parker’s Kitchen and Sundy Street Apartments.

Below is the only response for Parker’s Kitchen, a memo from Engineering detailing a number of requirements. This resulted from a developers meeting in October 2022, two month before the application was submitted. The memo is not part of the official City Council record.

Engineering input on Parker’s Kitchen, October 2022

Aiken County, April 2023, Blight & Neglect, City Government, Planning & Development, Savannah River Site

A Shrub Grows In Aiken

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And Other Reports of Modular Offices and DOE Advanced Manufacturing Facility, A Case of Lost Equipment at SRS, the $1 easement in the Highway One Corridor, and approval of water and sewer for the Seven-Eleven Store and Gas Station/Truck Stop at I-20’s Exit 22.

by Don Moniak

April 28, 2023
Updated May 11, 2023 (1)

A Shrub Grows in Aiken



Several years ago, the City of Aiken’s Public Works Annex at 655 Kershaw Street, NE, appeared well-kept, the grass mowed, the weeds whacked, the grate in the parking lot covered.

The city obtained the property from South Carolina Gas and Electric (SCEG) in 2006. The 4685 square foot office building, built in 1975, is part of a complex valued by the city at just over $2 million and insured for $2.253 million—-the same insurance value for the vacant Holley House Motel on Bee Lane.

City of Aiken’s Public Works Annex office building fronting Kershaw Street with weedy parking lot, a shrub growing through a damaged grate, and damaged door blinds. (Photo by Don Moniak, April 25, 2023.
The south side of the office building, with an incomplete, fresh mowing; but with weeds and trash by the fence.


At Monday night’s, April 24th City Council meeting, Aiken resident Laverne Justice spoke about property’s current appearance (above), while addressing the Dumpster Depot’s continued presence in the neighborhood:

“It is right there by the old SCEG building, which is not kept up. The grass is not cut (at the old SCEG building), there is trash there. That is city property and it’s not being maintained.” (2:54 mark of meeting)

The next day, probably in response to Ms. Justice’s comments, freshly cut grass could be seen; but the property remained in a state of neglect, landscape-wise. The situation is exemplified by a shrub that adorns a damaged grate in the parking lot.

City code states:

“It shall be unlawful for any person to maintain or to permit to be maintained any premises owned or occupied by him or under his control, including vacant lots or land, upon which grass, weeds, undergrowth, trash, garbage offal, stagnant water, building materials, glass, wood or other matter deleterious to good health and public sanitation, which is permitted or caused to accumulate in any manner which is or may become a nuisance causing injury to the health or welfare of residents or the public in the vicinity or causing injury to neighboring property..” (Section 22-7(a)).

Although some complaints are deemed “unfounded,” the city’s code enforcement division routinely issues warnings and citations for “care of premises” and “lot clean” violations of the code. The monthly report is longer during the growing season due to overgrown vegetation in a wet, humid climate; but even in winter there are warnings and citations.

Here Comes The Lab

Site prep work for the Advanced Manufacturing facility. Photo by Don Moniak, April 17, 2023.


Meanwhile, on the other side of town the U.S. Department of Energy (DOE) is clearing land and doing site prep work (above) on its $50 million, 60,000 to 65,000 square foot Advanced Manufacturing Collaborative (AMC) complex at the University of South Carolina at Aiken (USCA)

The U.S. Department of Energy is expanding its presence across the region beyond the fenced and guarded Savannah River Site (SRS), and the Savannah River National Laboratory (SRNL) is at the center of the expansion. In addition to the AMC, the City of Aiken is currently planning to construct a 45,000 square foot “Workforce Development Center” in downtown Aiken that is also envisioned to be a nuclear nonproliferation training center for intelligence agencies.

According to the Savannah River National Laboratory (SRNL), which is tasked in its contract with DOE with design assistance and operation of the AMC, the mission of the USCA complex is to  “be an innovation hub for manufacturing, fostering modern industrial practices, advancing new technologies and training the future manufacturing workforce with a focus on chemical and materials manufacturing.” The security needs for this new federal facility have not been disclosed.

The construction of the complex does coincide with plans for Savannah River Site to enter a new manufacturing phase in nuclear weaponry work, this time to produce nuclear explosive parts known as plutonium pits. The pit mission, as it is commonly called, will involve the need for a substantial materials and chemical manufacturing workforce. Of course, plutonium pit work will be conducted at F-Area; well inside the highly restricted SRS complex.

Typical of DOE projects, the AMC facility is well behind schedule. The ceremonial groundbreaking was in April of 2022, six months after an expected start. In an October 12, 2022, email (obtained via FOIA) from SRNL Director Vahid Majidi to USCA Chancellor Daniel Heimmermann, Majidi wrote:

“To be frank, I was expecting the bulldozers to be moving dirt around this month. I know the Department had to make a few last minute alterations, but I don’t know what the time line is. I am still very hopeful for an October start but I will verify with Tony.”

According to a November 7, 2022 email from Majidi to Heimmermann, funding issues “were resolved and the building will be built as envisioned.”

In late January 2023, DOE’s SRS Director Michael Budney told the SRS Citizen’s Advisory Board (SRS-CAB):

“Uh, you know inflation has impacted the cost of the facility to be built as designed so we are still moving forward. Construction should actually begin here within just the next uh three or four weeks uh I think we’ve worked through all the issues and how we’re going to construct that thing and to meet the original objectives.”

In late March, 2023, work began in earnest; and in April two modular office buildings were moved in to accommodate the design and construction team. The buildings are similar to those found across the SRS radiochemical industrial landscape. (photo below)

According to its physical property inventory, SRNL has seven modular office buildings to supplement what City Councilman Ed Woltz described during the latest State of the City address as “remote, aged facilities.” Close to 1,000 SRNL workers and researchers will continue to work in the aged facilities behind the SRS gates and fences, not within “walking distance proximity to cultural amenities, dining, and retail stores” that was one criteria for the downtown SRNL office complex.

Modular office buildings at SRS with a “Rally Point” for Nuclear Incident Alarms. Photo by Don Moniak, May 2022.




A Hazardous Waste Misclassification and $150,000 Property Loss



As reported in “There’s A Joke in There Somewhere,” SRNL is not immune from basic industrial accidents and mistakes. Hundreds of “occurrence reports” from have been filed from 1992-2023; although many of them involve workers identifying common issues such as alarm failures and fire protection devices not functioning during frigid weather events.

The occurrence reporting system functions as an important safety monitoring program more than a chronology of gaffes and miscues. But some of the latter are within the vast database.

One interesting lab-related occurrence in late 2020 involved the loss of a $150,000 Faro-Arm measuring machine (above) that was classified in the occurrence report as an improper waste shipment to the regional Three Rivers Landfill that is within the SRS boundary. The incident was not classified as a loss of government property. The summary of the incident reads:

“On December 7, 2020, during inventory of equipment that was relocated from Building 722-A (F/H Area Laboratory) due to a water leak, the FARO-Arm Quantum M/TE equipment, valued at approximately $150,000 was identified as missing.

An investigation discovered the locked cabinet that contained the M/TE equipment was inadvertently transported to the Three Rivers Landfill on December 4…. Three Rivers Landfill was contacted on December 7, and stated that the cabinet and its contents were unrecoverable. Upon further investigation, it was determined that the cabinet contained a laptop with a lithium ion battery and three lithium-ion batteries. Since the Savannah River Site was not preparing to intentionally ship the items offsite, no pre-transportation function was performed to ensure the outer packaging was appropriately marked, resulting in a Department of Transportation (DOT) shipping violation. The Director of Site Services Business placed a hold on waste shipments from Site Services facilities to the landfill.”

An April 14, 2023, email to SRS public affairs officer Amy Boyette inquiring about the incident, and whether the possibility of theft of government property had been investigated, has not been answered.

The $1 Easement and a Property Ownership Rabbit Hole

Back in Aiken, during Monday’s aforementioned City Council meeting, the issue of the city conducting business with the law firm of Smith, Massey, Brodie, Guynn, and Mayes was raised by Aiken resident Luis Rinaldini. At issue was a proposed easement across airport-area city property to property owned by Bear Mountain, LLC (Agent Ray Massey) for “ONE AND NO/100 DOLLARS ($1.00).” City Attorney Gary Smith properly recused himself from the matter due to the involvement of his legal firm partner Ray Massey.(1)

Rinaldini commented, in part:

“I just can’t help but saying that Mr Smith’s and Mr Smith’s Law Firm has a terrible record of property deals with the City of Aiken. Some of them are highly questionable. I’ve spoken to the city about it numerous times. We still haven’t heard back (to a request) to try to rescind the Mattie Hall property sales. There were other questionable deals on the SRP property, and the questionable deal in the middle of Project Pascalis to sell the L-shaped portion of the Municipal Building and the parking lot across from the hotel to another LLC sponsored by Mr Massey. This is not a good record. I am on the record saying that I don’t think the firm of Smith Massey should be doing anything with the city. It probably should be banned from doing business with the city for 10 years.” (2:35 of meeting)

Mr. Rinaldini stated he was not familiar enough with the easement application to comment further, but warned that if the deal is questionable action will be taken.

Future site of a 7-11 Convenience Store and Truck Stop (blue parcel). The parcel is directly across from Shiloh Church Road and Fulmer Road, where HWY 1 narrows from four lanes to two lanes.


A subsequent agenda item involved another property (above) further north on Columbia Highway (US HWY 1) owned in part by companies associated with Mr. Massey. Mr. Smith did not recuse (2) himself from the Resolution to provide city sewer and water services for a 7-11 convenience store, gas station, and truck stop. The 7-11 complex is envisioned as a 4,650 square foot convenience store with five diesel pump islands and eight standard pump islands.

Investigating the ownership of the property led to a geniune, rhetorical rabbit hole that only confirmed the complexity of these developments; and serves as an instructional example.

The applicant is C4 CStore Holding III, whose agent is the ubiquitious Capital Corporate Service, Inc. The latter’s listed agent is National Data Access Corporation, which in turn has Michelle Pagan of 2 Office Park Court, Suite 103 in Columbia, SC as its agent. Many other similar paths lead to Ms. Pagan, who maintains a rigid level of confidentiality for her customers.

Although the application lists only Caradase LLC (Agent Catherine Nanarjo) as the property owner, there are four owners of this property listed in the County land database:

AOD Aiken (Agent Ray Massey), Michael McNeil, and Z&B Enterprise (Agent Royal Robbins) are all listed in the County record at 830 Colony Parkway, the business place of Coward McNeil Appraisal.  

Cardasa LLC (Agent Catherine Naranjo) is listed at 237 Park Avenue, SW, Suite 215 in the Secretary of State’s database, but at 831 Hayne Avenue in the County land record. The latter address is owned by G-Mar-C Enterprises, LLC of 1008 Old Graniteville Highway, Aiken SC (Agent George Crawford), whose information in the Secretary of State’s office is up to date. The latter address is owned in trust to two other parties.

AOD Aiken (Agent Ray Massey) is listed at 210 Colony Parkway, the business place of Smith Massey Brodie Guynn and Mayes, in the Secretary of State’s business entities database, but at 830 Colony Parkway in the County land record. 

Z&B Enterprises (Agent Royal Robbins) is listed at 239 Midland Drive, Graniteville, an area zoned RC in Midland Valley Golf Club subdivision,  in the Secretary of State database; but at 830 Colony Parkway in the County land record. The Midland Drive property was sold by Frances Michaelis to Krisha Wall in September of 2021. 

Since 2019, the property has had three changes in ownership:

In March, 2019 AOD Aiken LLC and Cardasa LLC purchased the property, composed of two parcels, for $329,000. 

On March 22, 2023, AOD LLC sold a one-quarter interest in the the property to Z and B enterprises, LLC for $5. The conveyance was sigend by Robin Robbins on behalf of both AOD LLC and Z and B enterprises. (below). Ray Massey signed the affidavit as closing attorney. (The county records list Michael McNeil as the seller, but the RMC deed record does not).

On March 22, 2023, AOD LLC sold another one-quarter interest in the property to Michael S McNeil for $5. The conveyance was signed by Mr. McNeil under AOD LLC. Again, Ray Massey was the closing attorney.

AOD LLC and Caradasa LLC appear to have retained a collective 1/2 interest.

The only other interesting aspect of the equation is that in December 2020, Aiken County Council held the “Third Reading of an Ordinance Approving The Request Of The City Of Aiken To Expand Its Service Area Or District For Water And Sanitary Sewer Services To Include Certain Unincorporated Areas Located Generally North Of Interstate 20 Along U.S. Highway 1 And S.C. Highway 19; Between Wire Road (S-49) And Interstate 20; And West Of S.C. Highway 19 Near Interstate 20 As Are More Specifically Shown On The Attached Map.”

In a letter to County Administrator Clay Killian, City Manager Stuart Bedenbaugh wrote, in part:

“We have received multiple inquiries from various entities over the last 18 months about water and sewer service availability for possible residential and commercial development in this proposed new area.”

The map shows a substantial expansion of the boundaries of the city’s water district, extending north of Exits 22 and 19 (below), which County Council approved by a unanimous vote after making amendments to protect existing, closer volunteer fire districts.

From Aiken County Council Agenda Packet, December 8, 2020. The map shows the water district extending only to Exit 22 on I-20, but its precision has not been verified.

In September 2021, The City of Aiken put out a request for bids on a Highway One Utility Extension of 922 feet:

“Specifications include, but are not limited to: Furnish all materials and equipment and perform all labor necessary for the installation of approx. 150 LF of 12″ PVC Sewer Main and approximately 922 LF of 12″ DIP Water Main and all appurtenances for a complete project per plans and specifications.”

On April 1, 2022, a City of Aiken water and sewer extension job was awarded for the revised price of $2,036,543.00 to Corley Construction of Columbia.

The completion date of the job is unknown, but the City’s GIS mapping system shows a map, updated November 2022, of the city’s water and sewer system with both water and sewer extending slightly past Exit 22 on Interstate 20 leading to Columbia Highway. According to the County database, the distance from the nearest property south of Exit 22 (Waffle House) is 921 feet.

City of Aiken GIS showing a slight extension of water and sewer system past Exit 22 on HWY 1.

Updates:

(1) The original story should have read that City Attorney Gary Smith also recused himself from a Resolution to provide city water and sewer services for a 410,000 square foot warehouse on the same property to be accessed via the easement. The meeting minutes accurately reflect this:

“UTILITY REQUEST – RESOLUTION 04242023 Water and Sewer Service. Herb Witter Columbia Highway N Windham Boulevard TPN 133-00-19-011
Mr. Gary Smith, City Attorney, recused himself from this item as his law partner, Ray Massey, is an investor in the company. He left the Council Chambers”

(2) The original story incorrectly reported that City Attorney Gary Smith recused himself from the Resolution to provide city water and sewer services to the 7-11 gas station and convenience store. He did not recuse from that proceeding, as the minutes reflect:

“UTILITY REQUEST – RESOLUTION 04242023A Water and Sewer Service
Columbia Highway N
I-20
C4 CStore Holdings III, LLC TPN 133-00-04-003
Mayor Osbon stated a resolution had been prepared for Council’s consideration to provide water and sanitary sewer service to 5.70 acres located on Columbia Highway N. near I-20.

Mayor Osbon read the title of the resolution.”





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City Government, March 2023, Planning & Development

“This is Wrong for That Property.”

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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.

Map provided to Planning Commission showing proposed zoning change and surrounding zoning, with notes added.


(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.

The recently closed Seafood Station Restaurant sits on a 0.42 acre lot, and is zoned General Business. (Aiken County Assessor’s Office Photo).

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)

Page two of the Memo from Planning Commissioner Ryan Reynolds to Aiken City Council. The contradiction in the memo is underlined in red. The memo was initialed by Planning Director Marya Moultrie and, except for the Recommendation, is a duplicate of her previous memo to the Planning Commission of March 14, 2023.



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.

Typical traffic, at Lincoln Avenue and Laurens Street (Hwy 19). (3 pm on Friday afternoon, March 24, 2023; photos by Don Moniak)

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.

The SW corner of Hwy 19 and the Hwy 118 bypass. 975 Laurens Street is to the left of the Racer’s gas station and convenience store, behind the U-Haul trucks. (Google Earth photo)



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.

The new Sprint station and associated shopping center on the NE corner of Hwy 19 and Hwy 118 was zoned General Business in 2018. At 4.9 acres, it was only 435 square feet short of the 5.0 acres that would have triggered a Planned Commercial designation. 975 Laurens Street is 1/10th the size of this property.



(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.

From the VP Riverside website. March 25, 2023.



City Government, Demolitions, Historic Aiken, March 2023, Planning & Development

City of Aiken Demolition Index

3 Comments

Contrasts in structural demolition figures.

by Don Moniak
March 19, 2023
Updated March 20, 2023 and May 3, 2023.

Click to enlarge.


Sources

DEMO 200:

The DEMO 200 program that was recently suspended pending further review is enshrined in Section 10-3, Demolition Assistance Programs—of the the City of Aiken Municipal Code. It allows a property owner to pay the city only $200 to have a “substandard” structure on their property demolished. The term “substandard” is not defined in the ordinance.

For residential properties, the ordinance states:

“As an alternative to any procedure set forth in any applicable section, the building official may meet with, or correspond with, all the owners of the residential property upon which a substandard structure may be located and offer to have the city undertake the demolition of the substandard structure in return for the payment by the owner to the city of the total sum of $200.00. Upon receipt of this payment, and the execution of an agreement approved by the city attorney, by the owners of the property on which the substandard structure is located, the building official may direct the demolition and removal of the substandard structure.”

For commercial properties, the cost is $2,000 to the property owner, the maximum demolition cost is $20,000, participants must own the property for two years and keep them for another four to avoid any penalties.

The City of Aiken is stingy about sharing program information, and requires a Freedom of Information Act request for any data. One recent request revealed that Chaplin and Sons Clearing is the city’s primary contractor for DEMO 200 jobs. A search of the city’s  AP Check and EFT Registers in the  Finance Department folder of the city’s document repository revealed three invoice totals for the company from January 2022 to January 2023:

01/19/2023  $7,750.00  on Page 15 of 1/3/15 Check Register\. Check # 305315

4/27/22.       $6750.00 on Page 16 of 4/30/22 Check Register  Check #302364

1/5/22. $6750 on Page 1 of 1/31/22 Check Register Check # 300846

It is likely that the 1/19/2023 invoice pertained to the recent demolition of a home at 327 Chesterfield Street N., seen in the two photos below taken on October 24, 2022, a few months prior to demolition. Another home within the same fenced lot, listed as having a $6750 “valuation”/demolition cost in city records, was demolished under DEMO 200 sometime after June 2019 (see feature photo). The property was subsequently sold, and the remaining home was demolished. The lot is now entirely empty.


A Chaplin and Sons Clearing demolition permit reported a demolition cost of $5250 (below) in the permit, but that is not necessarily the final cost. The appraised value of the home reported by the Aiken County Assessor’s Office in 2022 was $57,132; a value that, coupled with the property value of $22,000, resulted in an tax assessment value of $4750 and a 2022 tax bill for property owner Susan Parry of $1101.05. The 2023 bill will only be for the property value.

The demolition permit for 327 Chesterfield Street North. According to the City of Aiken, no demolition application was on file.


Warneke Cleaners and Holley House Motel

The Aiken Municipal Development Commission holds title to the seven properties in downtown Aiken informally known as the Pascalis project properties. Demolition of two of these properties, the operating Warneke Cleaners and the vacant Holley House Motel, is part of the post-Pascalis scheme for a three-story, 45,000 square foot office complex the City of Aiken proposes to build on behalf of the Department of Energy’s Savannah River National Laboratory; at a cost of $20 from state plutonium settlement funds.

The combined square footage of the two properties is 20,683 square feet. (Warneke Cleaners 6308 sq ft, Holley House Motel, 14375 sq ft). According to a Savannah River Site Litigation Fund Request Form submitted by the City of Aiken to Aiken County, and forwarded by the county to the state’s Executive Budget Office and Joint Bond Review Committee for official project approval and release of funds, the City of Aiken estimated a cost for “site development” of $1,500,000 ($1.5 million). The only explanation provided for the project cost is “demolition.”

From the request for plutonium settlement funds submitted by the City of Aiken in January 2023, and approved by Aiken County Administrator Clay Killian on March 14, 2023. (click to enlarge)



The City of Aiken has declared its intent to move Warneke Cleaner to another location on nearby Richland Avenue. No cost estimate for the relocation is provided in the funding request; nor is any estimate of environmental cleanup costs for the existing dry cleaner. The city’s zoning ordinance also prohibits “light industry” like dry cleaners in the downtown business district—-existing dry cleaners were grandfathered in after the zoning ordinance was amended.

Aiken County Assessor’s Office Photo of Warneke Cleaners in 2019. One of the oldest small businesses in downtown Aiken, the building was recently described as part of a “blighted” downtown by City Manager Stuart Bedenbaugh. Under DEMO 200, former owner Neel Shah could have requested the city demolish the building for $2,000, with city taxpayers footing the remainder of the bill up to $20,000.

Aiken Count Tax Assessor’s Office photo of Holley House Motel on Bee Lane, taken while the business was still operating. According to AMDC records, owner Neel Shah had a new roof was installed that year. Today an Aiken Public Safety employee lives rent-free in two renovated motel rooms as part of a caretaker’s arrangement established by the AMDC. City Manager Stuart Bedenbaugh recently described the employee’s housing as part of downtown “blight.”


(Update). In April of 2021, the first Project Pascalis project cost estimate from Weldon Wyatt’s GAC, LLC projected a demolition and abatement cost of $712,248 for the entire project area—seven properties. The cost estimate for the Holley House was just under $100,000.

April 2021 Cost Estimate for original Project Pascalis, from GAC, LLC. The developer withdrew from the project the first week of May, 2021.


Hahn Village Demolition.

The Hahn Village public housing complex on 19.2 acres owned by the Aiken Housing Authority once housed anywhere from 250- 300 people in about 100 housing units across ~42 duplex-style complexes that ranged in size from 1400 to 2800 square feet and housing 2-4 families per unit. Demolition was announced in 2018 and completed in 2022.

Cliff Hampton of Alternative Construction and Environmental Solutions, who managed the demolition for the Aiken Housing Authority, which owns the 19.2 acres, the winning bid to demolish approximately 100,000 square feet of residences was just over a half million dollars—or one-third the speculated downtown demolition and site development costs for the SRNL project.

Mr. Hampton wrote in an email:

“The winning bid was for $531,700.00 submitted by Chaplin and Sons Clearing and Demolition.  The City of Aiken’s arborist has worked closely with us through this process.  The City of Aiken would not issue a demolition permit without this being accomplished.  There are trees that have been designated by the arborist that can not be disturbed and have been protected to the arborist’s satisfaction.  Chaplin and Sons Clearing and Demolition has stated that they plan to remove no trees other than the ones that have fallen down onto structures through natural causes.”

Hahn Village Public Housing. The housing unit on the left contained four apartments. According to Aiken Economic Development Director Tim O’Briant, a “well executed project…would electrify the Northside.” (Aiken Standard, August 22, 2021)


Next: Homes Demolished Under DEMO 200.