Five Chop Road development gets green light from planning commission

The Orangeburg County Planning Commission gave unanimous 5-0 approval of the plan, citing it as well within the county’s comprehensive plan and zoning ordinance for the area.

The commission approved the plan despite over 100 individuals — about 90 through a petition campaign — expressing opposition to the development, citing concerns about commercialization of farmland in the county, increased crime, reduction of property values, increased traffic, negative impact on wildlife and hydrologic issues with water runoff and flooding.

About 50 individuals also expressed support for the project through a petition process, citing the area’s need for affordable housing, increasing the tax base and contributing to positive growth. Support was also submitted from the project’s environmental consulting firm and engineer, noting that due environmental diligence will be done on the property to preserve all environmental interests.

A letter of support from the Orangeburg County Development Commission states that the project will bring affordable housing.

“Since the project meets all the requirements for the zoning ordinance and the development plan, I don’t know how we could disapprove it or not recommend it without changing the development plan,” Commissioner Richard Stroman said. “I understand there is a lot of opposition, but I don’t know a way to get around it and follow the law.”

Colonial Holding Group requested to rezone 81 acres on 1657 Five Chop Road from forest agriculture to commercial general for the purpose of residential development and commercial business.

It is the second time the OCPC took up the matter.

Orangeburg County Council on Oct. 18 voted to send the issue back to the body after learning, at that time, that 57 individuals had gone on record in opposition to the request.

The OCPC previously voted 3-2 to grant Colonial’s Holding request.

The property in question is near Nivens Road and Orangeburg Auto Auction and Trump’s Inn. It is currently a vacant field.

There is also a 20-acre tract in front of the property that’s already zoned commercial general. Colonial is also seeking to purchase the tract, which has vegetation and trees.

Adjacent properties to the west and south are zoned commercial general and properties to the north and east are zoned forest and agriculture.

Frontage properties on Five Chop Road for about three miles are zoned commercial general and the surrounding area is a mixture of commercial, undeveloped and residential uses.

About 13 acres of the property falls within the flood zone of the Middlepen Branch.

Access to the property would require Colonial Holding to go through environmental review with federal agencies such as the Army Corps of Engineers and the Federal Emergency Management Agency.

When the matter was first brought before the OCPC, there was one person in favor of the request and 12 who were in opposition.

Another 45 signatures in opposition to the request were received Oct. 18, the day when County Council took up the matter.

The majority of individuals in opposition cited the undeveloped nature of the land and a desire to keep it as forest agricultural.

On Wednesday, it was revealed that there were an additional six letters submitted in opposition and that there were more who signed the petition in opposition.

Prior to the commission’s Wednesday vote, the floor was opened for individuals to express their support and opposition.

“It provides some affordable housing,” property owner Lenaire Wolfe II said. “I think it meets all the criteria to be rezoned and I don’t see why we should be penalized because somebody does not want to see the property to change adjacent. This is progress.”

“I think we ought to be entitled to develop the property because it meets all the criteria,” Wolfe said.

Colonial Holding Group Manager and rezoning applicant Gregory Yakubov said after the last meeting an engineering firm and environmental company have been hired.

“We want to assure everybody that all of those concerns that were raised, they are part of DHEC and we will be working with all the local, state and governmental agencies when it comes to wetlands as well as flood zones as well as any kind of agency that will be required to oversee this.”

“I feel that me and my partner are in great need of affordable housing,” Yakubov said. “People should be able to do what they want to do with their property, especially if it fits to the proper plan the county currently has in place.”

Yakubov said the project is a part of the planned growth of the area, will bring an increased value such as jobs and tax base, while respecting neighboring residents.

Adjacent property owner Sharon Smoak delineated a number of concerns about the plans for the property: lack of traffic safety infrastructure, spot zoning and a declining population to support such a project.

“If you look at it, it is going to have farm all around it and houses in the center of it,” Smoak said. 

She also noted the area of Five Chop Road is full of abandoned businesses that have not been successful.

“A lot of the businesses that have tried to make it here have not been able to,” she said. “My concern is with this, the same thing could happen.”

“I don’t see the population coming,” Smoak continued. “They are not looking for high-density housing, which seems what we are talking about here.”

Smoak asked what the specific plans for the property are and what types of provision will be done to provide buffers from the forest and agriculture and commercial areas.

OCPC Chair James Albergotti said the county’s zoning ordinance does have buffers and restrictions such as fencing and foliage between zoning boundaries.

“I don’t know if the developer is in a position to speak to any zoning buffer boundary. We have not been able to get a designation exactly what are the plans other than affordable housing,” Albergotti said.

This is one of Smoak’s concerns.

“I would want to know what they are either planning to do with it or if there is a developer interested in developing this area what have they done in the past, what are they developing and how has that worked out?” Smoak said.

Colonial Holding has purchased a Sprinkle Avenue mobile home park with plans to bring the park up to City of Orangeburg codes and ordinances.

The company has said it has not finalized specific plans for the Five Chop Road property and concerns about the project being a mobile home park are unwarranted.

Company officials have also expressed concerns that many in opposition to the project do not live near the proposed change.

Smoak dispelled that allegation, noting about 90% of those opposed to the rezoning were within five miles of the area.

Orangeburg attorney Ladson Beach, who represents adjacent landowners, questioned whether the project fits with the county’s planned future growth plans.

“I find it difficult to believe if this particular tract of agricultural property surrounded by agricultural property could be rezoned for commercial general then it would be very difficult to envision any limitation on doing that anywhere else,” Beach said. “It is just a bit of a surprise to me to see this particular location could be rezoned commercial general. What are the limits?”

Beach says the county’s comprehensive plan encourages “higher intensity growth in the urban and suburban area where adequate infrastructure and services are already in place.”

“This is a field that has been farmed for 100 years,” Beach said. “Where can an agriculture land owner faced with these situations — it is going to happen again — how will they be able to preserve the agricultural way of life they have lived for so long?”

“There is nothing adjacent to this property that is commercial in use at this time,” Beach said.

“The idea to preserve and protect agricultural lands in Orangeburg County was at the forefront of the beginning of the work of the comprehensive plan, but it did not necessarily preserve and protect agricultural land where it is on the border line or the fringe of growth and development,” Albergotti said.

“You have to give in some of those agricultural lands in order to have growth and development,” Albergotti said. “This in my opinion is on the borderline of what is projected to be future growth.”

“That just does not seem to be the case here,” Beach said. “Even from a pro development perspective. I just think that this one is inappropriate.”

Prior to the commission vote, Albergotti said the “strongest voices in any request hearing are from the adjoining close-by landowners.”

“Here we have a conflict with some of those owners having a conflict with the comprehensive plan, which calls for designated growth and indications of future land use, which complicates for commission members and council members,” Albergotti said. “We fully understand there is a difference of opinion for future land use.”

Albergotti said there are already extensive plans underway to change land-use plans on Five Chop Road outside of Colonial Holding’s plans.

“We have change coming irregardless of citizens’ concerns,” Albergotti said. “It is important that we make our concerns known and discuss them.”

“I think the development growth and expansion of Five Chop Road and the 301 area to the interstate is going to surprise a lot of people how quickly it is gong to be coming,” Albergotti said. “We hear and see it coming. I think our comprehensive plan is correct and is going to be proved out as accurate.”