The latest version of Peachtree
City's big box ordinance contains language that would specifically exempt
two properties from having to abide by its rules.
That has drawn the ire of city
activist Steve Brown, who has undertaken a letter-writing campaign urging
fellow residents to help oppose the exemptions. Brown wants them to send
in postcards indicating their opposition so he can provide copies to council
members and urge them to reconsider the matter.
Brown said an organization
is providing funding for the "mail-in petition" drive, but he
refused to reveal the name of the organization.
"I can't really tell who
it is," Brown said in an interview Monday evening. "But we both
have a vested interest in this big box issue."
The effort may be too late,
however, as the City Council is slated to consider adopting the big box
ordinance at its meeting Thursday night, and the letters weren't due to
be delivered until today.
Brown hopes that council will
postpone its decision on the ordinance to address another one of his concerns:
whether the city should seek another legal opinion on the ordinance. Brown
questions the objectivity of City Attorney Rick Lindsey, whose law partner,
James Webb, serves on the board of directors with Pathway Communities
CEO Steve Black in a banking venture.
Pathway Communities owns the
Kedron Village retail center, which is one of the two properties that
is exempt under the current wording of the big box ordinance. The other
exempted property is the Huddleston tract across Ga. Highway 54 west from
the Planterra Ridge subdivision, which could be the future home of a Home
Depot and, possibly, a Wal-Mart Superstore.
"For it to be objective,
we've got to have somebody else look at it," Brown said, noting that
while the ethics ordinance does not apply to the city attorney, it does
discourage "even the appearance of impropriety."
The big box ordinance would
cap the maximum size of a retail store at 32,000 square feet, although
larger stores could be approved by the city if the property owner seeks
a limited use commercial zoning.
The plans for the Wal-Mart
Superstore call for buildings totalling 204,000 square feet, while Pathway
Communities has submitted plans to build a 140,000-sq. ft. store in phase
two of the Kedron Village retail center.
At the last City Council meeting,
Lindsey told council that Georgia laws aren't clear in defining when a
property owner's rights are vested. Lindsey added that he believed those
two property owners had vested their rights based on the amount of money
they have already spent developing those properties.
Brown challenges that opinion,
noting that Lindsey said he didn't have a full accounting of how much
money has been spent on the Huddleston property and the Kedron Village
retail center.
"He said he didn't know
how much the developers had invested in the property, and yet he recommends
this," Brown said. "He just says, 'Let's give it to them.'"
The exemptions would counteract
the intent of the ordinance, Brown said.
"The exemptions, to me,
are totally unfounded," Brown said. He agreed, however, that since
the Home Depot store has already been approved by council that it probably
couldn't be legally held accountable to the big box ordinance if it is
passed.
Brown said the big box stores
will harm the quality of life that Peachtree City residents currently
experience.
"The statistics prove
they bring crime," Brown said. "And the police chief is already
on record as saying they don't prosecute offenders."
Brown said people in Peachtree
City have offered donations to fund his efforts, but he hasn't taken them
up on their offers. He may soon, though, because he is considering taking
out a newspaper advertisement that would list the names of residents opposing
the big box exemptions. The postcards allow people to decline having their
name printed if they so choose, Brown said.
But the success of Brown's
efforts hinges on council deciding to delay approval of the ordinance,
since it's unlikely he'll get all of the postcard replies back in time
for tomorrow night's meeting.
"I can only hope they
delay it and we'll go from there," Brown said.







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