Judge hears Silver Bluff grocery store and shopping center appeal arguments

May 25—Judge Kirk Griffin heard arguments Wednesday morning in the appeal challenging the Aiken City Council's decision to approve a plan to build a grocery store and shopping center near the entrance to the Village at Woodside.

Dione Carroll argued on behalf of appellants Preston Rahe Jr. and John Veldman. Daniel Plyler argued on behalf of the respondent, the city of Aiken.

The Aiken City Council voted Nov. 28, 2022 to approve an ordinance allowing the plan to construct a 47,270 square feet grocery store, seven smaller 1,400 square feet shops and 318 space parking lot on northeast side of the intersection of Silver Bluff Road and Village Green Boulevard, the entrance to the Village at Woodside.

Specifically, the ordinance approved three things: the annexation of a 4.72 acre property owned by Candido Urtiago, the zoning of that property Planned Residential — Urtiago is expected to sell to Silver Bluff Development Company, the owner of the Village at Woodside — and revisions to the concept plan for the Village at Woodside.

Rahe and Veldman's appeal centers on the council's approval of the concept plan revision.

Carroll argued that the council's concept plan revision approval was arbitrary and unreasonable.

Her argument focused on two things: alleged violations of the city's zoning ordinance and Rahe and Veldman's due process and property rights.

Carroll alleged the concept plan approval violated the zoning ordinance in two ways: the grocery store and shopping center are not designed to serve the Village at Woodside residents and the concept plan miscalculates the amount of commercial and open space in the concept plan.

The city's zoning ordinance, specifically Section 2.3.1, says the Planned Residential district potentially allows a "limited range" of non-residential uses "primarily serving the residents of the PR project."

Carroll argued the location of the shopping center, facing Silver Bluff Road, means it is not designed to serve the residents of the Village at Woodside. She also said the developer admitted on the record at a city council meeting this was the case. Carroll added there are almost the same amount of parking spaces planned for the shopping center as there are residents in the Village at Woodside.

The city's zoning code, specifically 4.2.6(G)(4), allows a maximum of 5% of the land in a Planned Residential project to be used for non-residential or open space uses.

Carroll said the developer used parking lots and behind the Woodside fence (she mentioned a driving range) as open space and did not count a maintenance shed as commercial.

Carroll argued Rahe and Veldman's due process rights were violated because they were able to attend but not speak at a worksession held by the Aiken Planning Commission and the notice of the meeting was defective because it did not adequately describe the potential action to be taken by the city council.

She also argued Rahe and Veldman's properties could lose value and they would have additional noise, depriving them of their ability to use and enjoy their property.

Plyler argued the city's concept plan revision approval was at the least fairly debatable.

He also argued the decision did not violate Rahe and Veldman's due process rights because they were allowed to attend and took the chance to speak at the Planning Commission meeting and both city council meetings. He added even if the notice was defective, it did not affect Rahe and Veldman because they attended and spoke at all three meetings.

He added Rahe and Veldman did not have standing to bring the issue because the approval was conditional and the conditions have not yet been met and that their potential property losses were an issue to be settled with the Silver Bluff Development Company.

Plyler also argued the ordinance waived the city's zoning code policies that conflicted with the ordinance.

Griffin said he was not prepared to rule on the appeal but would make a decision in a reasonable time and have the prevailing party draft an order to be filed in the public index.