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Sunday, December 1, 2024 2:25 PM

City Issues RFP for Redevelopment of Abernathy Park

https://www.clemsoncity.org/Activityfeed/Myarticles/TabId/197/ArtMID/2433/ArticleID/5231/RFP-Abernathy-Park-Redevelopment.asp

"The City will provide any relevant information for recent/planned developments and construction documents as available to the selected consult as well as any relevant GIS data from the City’s GIS database."

It is unclear if Keowee Trail will still be closed and the parking moved to the HUB's parking garage as presented when the HUB was approved by council on 4/15/24.

 


Sunday, October 20, 2024 4:26 PM

Is Hub Clemson a Done Deal?

By Evan Smoak,
Upstate Today
 
CLEMSON — The city of Clemson is in the process of potentially creating two tax increment financing (TIF) districts. One of these districts has been created in the downtown area and is labeled as the Westside Subarea. This subarea includes properties owned by Core Spaces, developer of the Hub Clemson project.

The plan, if the TIF districts are passed, is to collect tax increments — future increases in property tax revenue generated by redevelopment of the Westside Subarea — to build attainable housing intended to be used for local workforces.

Despite the reliance on the revenues generated from the development of Hub Clemson, officials said ongoing legal action could prevent the project from moving forward.

Lawsuit

The city is involved in an ongoing Freedom of Information Act (FOIA) lawsuit pertaining to the development.

In the lawsuit, the plaintiffs ask for the vote approving the Hub Clemson project to be reversed, among other requests.

The request stems from the city of Clemson conducting illegal meetings, according to legal documents.

“Prior to these publicly noticed votes, the City held illegal, secret subcommittee meetings, improperly held one or more executive sessions, and improperly held illegal, secret meetings or discussions for which there was no public notice, no minutes or other public records, and no public forum such that City residents could engage in the process or provide public comment, all related to Hub Clemson,” the lawsuit said.

The lawsuit was filed on Aug. 23 and was served to city of Clemson administrator Andy Blondeau on Sept. 9, according to court records. The original deadline set for the city to respond to the allegations was Oct. 9, but Judge G.D. Morgan, Jr. granted a 30-day extension.

City of Clemson attorney Michael Kozlarek asked for the extension due to the effects of Hurricane Helene on the city, among other reasons. The updated deadline for a response is Nov. 9.

What happens to TIF if the HUB is not built?

In the event the project is not completed, the TIF would not be collected.

“The debt needed to support the housing plan would not be issued if the project did not occur,” Blondeau told The Journal in an email earlier this month.

Caleb Gilbert contributed to this report.

evan@upstatetoday.com | (864) 973-6686
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Wednesday, October 9, 2024 2:18 PM

City asks for extension in FOIA lawsuit

 
By Caleb Gilbert
Courtesy of Upstate Today
October 8, 2024

 

CLEMSON — The city of Clemson and city attorney Michael Kozlarek have asked the Pickens County Circuit Court for a 30-day extension for responding to the allegations contained in a Freedom of Information Act (FOIA) lawsuit brought on by two of its residents, according to court documents.
The lawsuit was originally filed on Aug. 23 and was served to city administrator Andy Blondeau on Sept. 9. The deadline to respond to the plaintiffs’ allegations is set for Oct. 9, with the proposed 30-day extension taking that to Nov. 9, according to the motion for extension.
In support of this motion, the city made the following assertions, paraphrased for brevity:
• The city suffered massive damage as a result of Hurricane Helene and the city remains “solely focused” on cleanup and recovery from the hurricane. The city said it has “canceled or postponed various, other non-essential governmental activities” while recovery efforts continue.
• The city alleged more than two weeks passed between the date the lawsuit was filed and when Blondeau was served the papers. The city also said “to the best of the undersigned counsel’s knowledge,” the plaintiff’s counsel did not contact Kozlarek “to seek acceptance of service of Plaintiff’s Complaint.”
Later, the motion said it is “unclear” whether Kozlarek will “ultimately serve as litigation counsel for this matter,” but added other supporting information in the event he does serve as counsel:
• Kozlarek has experienced “both personal and professional disruption” due to the hurricane: his office remains without an active or reliable internet connection, his children have been out of school/daycare for two days, with one still out of school and various “non-resident friends and family members” have been using Kozlarek’s home for “hot showers, meals and as an electronic device ‘charging’ station,” all of which Kozlarek said disrupts work flow.
• Kozlarek also has a “Return to a Petition for a Writ of Certiorari” due to the South Carolina Supreme Court on or before Oct. 18, and has also asked for an extension in those proceedings, adding he’s had “other filings due in both South Carolina Circuit Courts and Georgia Superior Courts between the service of the Complaint and the current responsive pleading deadline.”
• Kozlarek has a long-standing out-of-state vacation “planned and paid for” from Oct. 12-19.
According to South Carolina law, upon the filing of the request for declaratory judgment or injunctive relief, the chief administrative judge of the circuit court must schedule an initial hearing within ten days of the service of all parties.
No initial hearing has been scheduled and no decision on the motion for extension has been made as of press time on Monday.
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Monday, August 26, 2024 3:40 PM

Please read the latest legal filing concerning the approval of the Hub by Clemson City Council.  It is available to be downloaded from the Pickens County Public Index.

Eleanor O'Meara Hare and Holley Hewitt Ulbrich v. the City of Clemson


Saturday, August 24, 2024 2:24 PM

Residents Launch FOIA lawsuit against Clemson

“This action also seeks an injunction remedying the City’s violations and prohibiting the City from pursuing the actions voted on and authorized as a result of these illegal, secret subcommittee meetings, executive session(s), or other secret, illegal communications.”

Residents Launch FOIA Lawsuit against Clemson



Saturday, August 3, 2024 11:05 PM

Three file for Mayor and 7 for Council

August 1, 2024 - Three people have filed for Mayor, including current mayor Robert Halfacre and current councilwoman Catherine Watt.  Halfacre voted in favor of the Hub on Keowee Trail, while Watt opposed the development.

Seven people have filed for three (3) open council seats, including current council member Bob Brookover (who voted for the Hub) and 6 newcomers.


Tuesday, July 30, 2024 4:13 PM

HUB Clemson Lawsuit Dismissed

Post and Courier (July 30, 2024): HUB Clemson Lawsuit is Dismissed, All But Clearing the Way for the New 7 Story Development

Some excerpts:

"A lawsuit by neighboring apartment owner Kimberly Parnell, who had argued the development wasn't balanced enough between residential and commercial use under the city's code, was dismissed July 26 after Parnell pulled back her claim, according to court filings and one of the attorneys involved in the case."

"Eleanor Hare, the organizer of a grassroots group of residents called "Save Clemson" who are opposed to sprawl in the city, told The Post and Courier it wasn't because Parnell wanted to drop the suit.

Hare said Parnell was threatened with a personal lawsuit if she did not drop her case against the city."


Thursday, July 25, 2024 11:59 AM

Clemson Resident Talks Backlash, Attacks on Councilwomen

Seneca Journal/Upstate Today (7/25/24): Clemson Resident Talks Backlash, Attacks on Councilwomen

Excerpts:

“Kim Parnell has been threatened with legal action if she doesn’t drop it (the lawsuit),” Huddle said. 

“I can also tell you that other individuals — to have standing you had to have adjoining property, which she (Parnell) does — there are other people that also have adjoining property,” Huddle said. “They wanted to fight it, they wanted to join the suit, (but) they would never join the suit because they were also afraid of being sued.”

“The three women on council, again, the only ones willing to step forward and do what is right,” Huddle said. “And they’re still now on social media being attacked. … It’s a lonely place to be when you try to do the right thing and you feel like you’re under attack.” 

 


Thursday, July 11, 2024 7:18 PM

FOIA Request Reveals Unofficial Meetings

The Seneca Journal/Upstate Today (July 11, 2024) - FOIA Request Reveals Unofficial Meetings

Excerpt:

"A Freedom of Information Act (FOIA) request by Clemson residents revealed unofficial meetings between city officials, attorneys, Core Spaces representatives and others from June 2023 up until April 1, when the first Hub Clemson vote was taken."


Wednesday, July 10, 2024 2:03 PM

Clemson Councilwomen Say Attorney "Pretty Much" Threatened Council to Settle Lawsuit

Upstate Today/Seneca Journal (July 10, 2024): 

Clemson councilwomen say attorney ‘pretty much’ threatened council to settle lawsuit

Excerpts:

"Two Clemson councilwomen have claimed an attorney representing the city encouraged council members to approve Hub Clemson as an act of “settling” the legal dispute between Keowee Trail LLC and the city of Clemson."

"Both Watt and Boatwright attribute Logan’s lack of answers to him already being involved in conversations the councilwomen were excluded from."

“Every time we would start to ask questions of who he was, what was the state of the case, he would get very frustrated with us — and very annoyed,” Watt said.


Tuesday, July 9, 2024 1:34 PM

What is HUB Clemson?

Upstate Today/Seneca Journal (July 9, 2024): Shedding Light on Clemson's Planned New Development

Excerpts:

"Hub Clemson is a planned development that is slated to bring 1,325 beds between apartments and townhomes and 674 parking spaces for residents. The building will stand seven stories high and will tower over Abernathy Park — making it the tallest building in The Journal’s coverage area, not including Clemson University. For reference, Oconee Memorial Hospital stands at six stories tall."

"Despite consistent public disapproval through any and all means, the project was approved through two readings — one on April 1, and the other on April 15. 

Clemson City Councilmen Bob Brookover, John Ducworth and John Fulmer all voted for the planned development of Hub Clemson, as did Mayor Robert Halfacre. Councilwomen Lillian Boatwright, Alesia Smith and Catherine Watt voted against the planned development."


Friday, June 28, 2024 4:07 PM

Why Hide?

Upstate Today (June 28, 2024):  In the print version of today's Seneca Journal/Upstate Today the editor wrote a blistering commentary on the City of Clemson withholding all emails and related information for a portion of a resident's FOIA (Freedom of Information) request for which the resident paid over $1,000.  

The city cited attorney-client privilege but provided no information at all for emails during 5 months of the 16 months requested by the resident.  The editor states "We get it, the law protects just letting anybody get their hands on privileged documents - but what are in those subject lines?  Who are the recipients? Why can't anyone see those? Why is the city becoming increasingly defensive over hoarding these emails?"

"When Councilwoman Watt went to bat for (the resident" asking for the emails as a council member she was advised by the city attorney that there wasn't anything in state law that requires the city to provide the redacted materials".   


Friday, June 28, 2024 4:00 PM

Resident Says City Did Not Provide Clemson HUB Emails

Upstate Today (June 28, 2024): Resident Says City Did Not Provide Clemson HUB Emails

Excerpt:

On April 7, Clemson resident Eleanor Hare submitted a Freedom of Information Act (FOIA) request to Clemson city clerk Jeremiah Jackson, according to documents provided to The Journal. In Hare’s request, she asked for all emails pertaining to the city’s recently approved Hub Clemson project (on April 15), including communications between city staff, Core Spaces (Hub Clemson’s developer) and Keowee Trail, LLC (property owners). Hare specified the dates listed as January 2023, “through the date of this request.”

"According to Hare, the city charged her $1,000 for the information she requested — but only provided emails that began on May 22, 2023." 

The city cited attorney-client privilege as the reason no information at all was provided for the period January - May 21 2023. 

 


Thursday, May 23, 2024 11:16 AM

Councilwomen Join Watt in Issuing Hub Clemson Remarks

Upstate Today/Seneca Journal (May 23, 2024) - Councilwomen Join Watt in Issuing Hub Clemson Remarks

Excerpts:

"Councilwoman Catherine Watt, who voted against the development, told The Journal on May 15 the action taken by residents was “disheartening” and should not “have ever been necessary.”"

Lilian Boatwright: "They advertised and rallied their neighbors. They did everything they have been told to do to affect change. And they still were not listened to. So now they are taking on an even bigger project (or being forced to) by using the legal system to work towards the citizens’ goals.” 

Alesia Smith: “I will say it’s unfortunate that our residents feel that this is their only option.”


Thursday, May 23, 2024 11:16 AM

Councilwomen Join Watt in Issuing Hub Clemson Remarks

Upstate Today/Seneca Journal (May 23, 2024) - Councilwomen Join Watt in Issuing Hub Clemson Remarks

Excerpts:

"Councilwoman Catherine Watt, who voted against the development, told The Journal on May 15 the action taken by residents was “disheartening” and should not “have ever been necessary.”"

Lilian Boatwright: "They advertised and rallied their neighbors. They did everything they have been told to do to affect change. And they still were not listened to. So now they are taking on an even bigger project (or being forced to) by using the legal system to work towards the citizens’ goals.” 

Alesia Smith: “I will say it’s unfortunate that our residents feel that this is their only option.”


Thursday, May 16, 2024 11:26 AM

Residents File Injunction Against City of Clemson

Upstate Today/Seneca Journal (May 16, 2024) - Residents File Injunction Against City of Clemson

Excerpts:

"The injunction alleges that council’s approval of Hub Clemson at its April 15 council meeting should not have happened as it did not meet the specifications of what a planned development (PD) should be."

"The injunction points to a section of Clemson’s municipal zoning ordinance which states, “The ultimate purpose of a PD district, pursuant to the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, is to allow flexibility in development that will result in improved design, character, and quality of new mixed-used developments and preserve natural and scenic features of open spaces.”"


Thursday, May 16, 2024 11:22 AM

Developers Sued Clemson Over Housing. Now Neighbors are Suing Them Both.

Post and Courier (May 15, 2024) - Developers Sued Clemson Over Housing.  Now Neighbors are Suing Them Both.

Excerpts:

"Parnell claimed The Hub's “combination of 98 percent apartment residential with 2 percent commercial does not meet the statutory requirement of ‘mixed-use’ for the approval of planned development and that it was unlawful for the City of Clemson to approve the planned development.”"

"Save Clemson, a grassroots organization that popped up in the later phases of The Hub’s approval process, is now accepting donations that “will be used to support candidates for Mayor and City Council who pledge to fight huge student housing projects taking over the city,” according to its website.

It also mentions potential for separate donations to the legal fund for a group of residents that are in touch with an attorney."


Saturday, April 20, 2024 8:06 PM

Shame on You: City Approves Housing Development Despite Resident Opposition

The Tiger (April 17, 2024): Shame on You: City Approves Housing Development Despite Resident Opposition

“Our residents know what’s at stake and are telling us how they feel… we are elected by these individuals,” (Councilwoman) Smith said during the meeting.


Saturday, April 20, 2024 8:01 PM

Lawsuit Against City of Clemson Ignites Concerns with Residents

Upstate Today/Seneca Journal (April 19, 2024): Lawsuit Against City of Clemson Ignites Concerns with Residents

 

"Who is Keowee Trail LLC? 

Keowee Trail LLC was established in 2015 and is composed of Kevin Collins, a partner in a local home builder and remodeler company, and Greg and Clifton Smith, both Blue Vista Ventures angel investors, and the brother-in-law and father-in-law, respectively, of Clemson University president Jim Clements."


Saturday, April 20, 2024 7:57 PM

Does Halfacre Have Memory Problems?

In 2019 he said this about Keowee Trail: “I was personally hoping to see a deviation from our existing comprehensive plan with a mix of housing, as opposed to all high-density housing and/or apartments,” Halfacre said. “I personally believe our downtown is reaching a saturation point with student housing.”

Upstate Today/Seneca Journal (March 19, 2019): New Council Members React to Keowee Trail Issues

Apparently we were "reaching a saturation point with student housing" in 2019 (before the Bixby and Dockside plus others) but now 1325 beds and 7 stories is needed?  


Thursday, April 4, 2024 1:51 PM

Rebuttal to City Council's Arguments for The HUB

Upstate Today Letter to the Editor (April 4, 2024): Rebuttal to City Council's Arguments for The HUB by Elaine Masceri

"This equation for the City of Clemson is: more students and student housing equals less taxes and quality of life for the residents. Who is drinking the cool-aid? "


Thursday, April 4, 2024 10:51 AM

City Votes in Favor of Housing Development Under Threat of Lawsuit

The Tiger (April 4, 2024):  City Votes in Favor of Housing Development Under Threat of Lawsuit

"Core Spaces, LLC is the long-term real estate developer of the proposed Clemson Hub project. They have also purchased the Pier at Clemson and Clemson Lofts."

"A large factor in the decision to approve the development is a pending lawsuit."

"The current proposed development is much larger than what could be built at the site with existing zoning and the city’s height limit."


Thursday, April 4, 2024 10:39 AM

Clemson Rents on The Rise

The Tiger (April 4, 2024): Clemson Rents on The Rise

“Market demand for rental properties in the Clemson area has intensified, driven by factors such as increased enrollment at the university and growing demand for off-campus housing,” Cole Oraham, the director of property management operations at Tiger Properties, told The Tiger. Tiger Properties manages Clemson Village.


Thursday, April 4, 2024 10:32 AM

Public Sounds Off Before Vote on Clemson HUB

Upstate Today/Seneca Journal (April 4, 2024): Public Sounds Off Before Vote on Clemson HUB

Jo Ann Abernathy: “I am asking you with all my heart to please think about this long and hard. Not just money, not just Clemson University, I love Clemson (University), that was my life, it was part of Larry’s, too,” she said. “But this is not a good thing, you have got to know it is not a good thing. And I am praying with all my heart that you vote no.” 

Elizabeth Vogt: “The lawsuit should be dropped first and then a vote should be taken, and I think you would instill far more public confidence in the validity of your decision, rather than essentially voting under coercion, and that’s exactly what it is. Let’s call a spade a spade.” 


Wednesday, April 3, 2024 8:42 PM

Clemson HUB Squeaks by First Reading

Upstate Today/Seneca Journal (April 2, 2024): Clemson HUB Development Squeaks by First Reading

Some Interesting Quotes in the Article:

Mayor Halfacre: “Personally, I’ve been to every meeting, answered every email, returned every call. I’ve talked to people both for and against this development,” he said. “With that said, listening doesn’t necessarily lead to an agreement, and I can’t ignore the negativity that sometimes surfaced as a limited number of residents claimed they were not being heard, when in truth, they just weren’t being validated. Different residents express different opinions, we can listen and consider them all but clearly can’t agree with everyone.”

Brookover: “There’s lots of people when I look around this room, I don’t see a whole lot of people that are in my age group, or people that I hang around with that may have kids that are in sports or families that they’re home with,” Brookover said. “I’ve gone out and I’ve talked to a ton of people that I know now. And by and large, most people with kids, I have heard just as much, ‘I’m okay with this, I understand. It’s someone else’s property, their property rights that they have.”

Smith: “My concerns are still the seven stories, the density — simply because I grew up in Chicago, I grew up around density … and so that’s what we’re asking students to do, live on top of each other,” she said. 

Watt: “This makes me really, really sad because you guys have come here and shown up and I worry that given the attitude here, you won’t show up anymore. … Next time we ask you to participate in the next project or comp plan, why would you show up if no one is going to listen to you?”


Tuesday, April 2, 2024 5:31 PM

Controversial Development Moves Forward

Post and Courier (April 2, 2024): Controversial Development Moves Forward

"Over an hour into the meeting, Jo Ann Abernathy introduced herself to the council to take her two minutes at the lectern.

The Hub isn’t the right project for this piece of Clemson, she said, recalling how her husband, who was mayor for three decades, spoke of some of the same issues during his time on council.

Keowee Trail leads to the park named for Larry Abernathy. Nothing about this project mirrors the balance he worked so hard to create between the town and university, she said."


Tuesday, April 2, 2024 5:26 PM

Video of 4/1 City Council Meeting Including Vote

Click Here to view the meeting.  Note the public participation (and then vote) on the Planned Use Development proposed for Keowee Trail begins at the 1:48 mark of the video.


Thursday, March 28, 2024 12:53 PM

A Billboard in Clemson Blares No More Sprawl Y’all

Post and Courier (March 28, 2024): A Billboard in Clemson Blares No More Sprawl Y’all - Here’s the Group Behind It

“Save Clemson’s listed issues with the Hub include its size and scale, runoff into Lake Hartwell, lost community space, lack of parking and a potential conflict of interest by council members named in the Keowee Trail lawsuit who are scheduled to vote on the project April 1.”

 


Tuesday, March 26, 2024 2:15 PM

Window-less Rooms and Town-Gown Battles: How Student Housing Got Expensive

Wall Street Journal (March 25, 2024): Window-less Rooms and Town-Gown Battles: How Student Housing Got Expensive

"Clemson University didn’t have enough dorms on campus for its students. Private developers—including the family of the school’s president—are stepping in."


Saturday, March 23, 2024 1:09 PM

Family of Clemson University's President Suing City of Clemson

The State (March 23, 2024): Family of Clemson University's President Suing City of Clemson

 


Friday, March 22, 2024 10:38 AM

Proposed Development Sparks Controversy

Fox Carolina (March 21, 2024: Controversial Development Proposal on Lake Hartwell Sparks Controversy

 


Tuesday, March 19, 2024 4:02 PM

Why is university president's family suing the city of Clemson?

Post and Courier (March 19, 2024): Why is university president's family suing the city of Clemson?

As noted in the article, Clemson University President's in-laws also personally named 5 sitting city council members in the lawsuit.

Per the article: "According to Keowee Trail attorney Rivers Stillwell, the lawsuit is ready to go back into action if yet another development fails to gain city approval".

 


Tuesday, March 19, 2024 12:34 PM

Public Comments at March 18, 2024 City Council Meeting

http://https//www.youtube.com/watch?v=EwTyQgwn4yI

Two citizens speak out pointedly about the duties of Council and the problems with this Planned Development.


Tuesday, March 12, 2024 11:47 PM

Clemson Residents Decry 7 Story Lakefront Housing

Post and Courier (March 7, 2024): With Lawsuit Looming Clemson Residents Decry 7-Story Lakefront Housing

"Following the March 4 public hearing, a letter supported by 60 residents — including former Clemson University First Lady Marcia Barker — landed in each city councilmember’s inbox requesting them to step back or step down."


Saturday, March 9, 2024 11:29 AM

How to Develop Keowee Trail According to the Candidates for Council

Upstate Today (October 22, 2022): How to Develop Keowee Trail According to Candidates for City Council

Fulmer: “It gives us an opportunity to utilize the lakefront property we have there, not as a park, but as a retail draw where people want to come there not only by car but also by boat,” he said. “Clemson is the only lakefront community on Lake Hartwell and this is Clemson’s last opportunity to capitalize on that feature. I don’t think we can afford to let it go."

Boatwright:  "..I’d love to see height restrictions on any new construction that were to go in there,” she said. “I would love to keep them short, not to distract from the natural landscape of the area. When it comes to getting multiple landowners on board, I think if we could use that and know that their motivation is to put something like that in that location, maybe we can get them on board when it comes to a smaller development and try to get a give and take going.”

Smith: “I think if we’re wanting to make this a destination and want to bring what I think all of us and what I’ve heard our developers and property owners say they care about this community, I think we all have to do something and feel good about what that looks like,” she said.


Saturday, March 9, 2024 11:23 AM

Clemson President's Family Owns Land

Greenvile News (March 1, 2019): Clemson President's Family Owns Land Where Student Development is Planned on Keowee Trail


Saturday, March 9, 2024 11:21 AM

Proposed Clemson Student Housing Development Draws Controversy

WYFF (February 5, 2024): Proposed Clemson Student Housing Development Draws Controversy


Saturday, March 9, 2024 11:19 AM

Clemson Residents Oppose Controversial Development

Upstate Today (March 6, 2024): Clemson Residents Oppose Controversial Development


Wednesday, March 6, 2024 3:11 PM

Fox Carolina: Clemson Residents Rally Against Proposed Housing Development

Fox Carolina:  Clemson Residents Rally Against Proposed Housing Development


Tuesday, March 5, 2024 1:01 PM

Video of Public Participation at 3/4/2024 City Council Meeting

https://www.youtube.com/watch?v=jY26cAK3cOI


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