Council votes no, citing 2007 agreement limiting drive-thru restaurants on southside
A request to construct a Burger King restaurant on Ga. Highway 74 at the Wilshire Pavilion was denied by unanimous vote at the Oct. 6 meeting of the Peachtree City Council.
The August request by Premier Kings, Inc. asked to construct a Burger King restaurant along Hwy. 74 South on a 1.6-acre lot adjacent to the Zaxby’s restaurant. The sticking point was that the decade-old agreement for the Wilshire Village retail area specified that only one freestanding restaurant with a drive-thru be permitted in the area. Zaxby’s, adjacent to the proposed restaurant, has a drive-thru window.
Councilman Mike King in referencing the 2007 agreement between developer Columbia Properties, the city and the neighborhood said he could not support the Burger King request.
Councilman Terry Ernst said the original agreement had the developer wanting two drive-thru businesses and the neighbors wanting none. Though he supported the denial, Ernst noted that a drive-thru would nonetheless be allowed for businesses such as coffee shops or donut stores. Ernst noted that such businesses also serve items such as sandwiches and other food items.
“So what’s the definition (of a restaurant)?” Ernst asked. “I don’t want to have to come back a year from now without knowing the criteria.”
Planning Director Mike Warrix in response to Ernst’s question said, “The ordinance wasn’t that specific.”
“I’m not ready to support (the request) now but I think it was a poorly written definition and we can’t prove anything,” Ernst said.
While part of the unanimous vote to deny the request, Councilman Phil Prebor asked Columbia Properties Managing Partner Daniel O’Neill about the historic perspective spanning the company’s 18 years in the area and, more specifically, the development situation since the Great Recession.
O’Neill said prior to the recession there had been the potential for a Sonic restaurant at the site. Once the recession hit, businesses began backing out.
“Somerby (of Peachtree City) would have backed out if they’d had another 90 days,” O’Neill said.
Mayor Vanessa Fleisch in her comment prior to the motion and vote to deny said she could not see lifting the requirement for one drive-thru at this time.
Councilwoman Kim Learnard made the motion to deny, saying the agreement was entered into by all parties. Learnard added her belief that the proposal is compatible with local development since the area has grown, voicing the concern that, if approved, the allowance to have another drive-thru would apply to all seven outparcels on the south side of the highway near Zaxby’s.
Representing property owner Columbia Properties, attorney Den Webb said the development plan approved a decade ago did not restrict other business with drive-thru windows such as donut stores and coffee sellers.
Webb said much has changed in the area in the past 10 years, including the widening of the road to four lanes, the subsequent realignment of Rockaway Road with the installation of a new intersection at Holly Grove Road and the long-lasting effects of the recession which resulted in fewer businesses wanting to locate in the shopping center.
“What the owner agreed to 10 years ago can’t be done today,” Webb said.
Webb at the outset of his remarks noted that he had filed a constitutional objection, paving the way for litigation with the city.
Also disputed by Webb was the assertion by neighbors that having another drive-thru would add to traffic in the area.
As at the previous meeting of the Planning Commission, several Wilshire residents spoke against the proposal. Speaking for the Wilshire Estates HOA, Nat Bowe said the community was overwhelmingly opposed to the project, citing the 2007 agreement between the city, developer and homeowners’ association that only one restaurant with a drive-thru window be allowed on the parcels on the south side of Hwy. 74.
Planning commissioners on Sept. 12 voted to recommend denial of the request.
