Wednesday, November 1, 2000
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Wednesday, November 1, 2000 |
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Activist puts stamp(s) on big box flap By JOHN MUNFORD
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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