Development Double Standard Discovered

Published September 29th, 2006

Residents should be familiar by now with the newly built Publix at Anneewakee Road and current construction of The Shoppes at Chapel Hill , which is across the street from Chapel Hill Elementary and Middle schools. Both developments were presented to the Planning and Zoning Commission and Board of Commissioners back in 2004, where one of the two received a denial on the zoning application.

At the time some red flags became evident, which were printed in the local newspapers, but it only slowed down both developments. Reading through the minutes of the Board of Commissioners and Planning & Zoning Commission, the foundation of a double standard was discovered that is subject to interpretation.

Did the County and developers intentionally push for these developments through tactics of a double standard?

The two documents in question are the minutes from the Planning and Zoning Commission on April 6, 2004 and December 7, 2004. You can download excerpts from both meetings at each development's detail page (The Shoppes at Deer Creek [Publix] / The Shoppes at Chapel Hill ). Some members of the current administration were acting members at the time both developments were presented to the public.

Losing Georgia has posted two articles (part 1 & part 2) pertaining to the debacle of the Publix development, which illustrates the frustration from local residents and the events leading up to a lawsuit against the County. Just to recap, on April 6 the Board of Commissioners diverted from standard protocol to deny the application in its entirety, therefore establishing the ground work for a court case.

It is unclear why protocol was changed at the meeting, but what is clear is that Continental Properties won the case. However the lawsuit is not the reason for this post, but the actions brought on by the County government are in question. Continental Properties is not considered a local developer because the company is based out of Menomonee Falls , Wisconsin . Also Publix is a Florida franchise, one of which is in constant competition with Kroger grocery stores.

At the April meeting, both government institutions were swiftly making a push for a denial of the zoning application. Confusion and diversion of protocol only made the scene even more compound. It was obvious that everyone in Citizen's Hall, except for the development team, was against the shopping center. A remark from current District 4 Commissioner David Latham ended the discussion:

“I'd just like to say that there's two churches in the area also and I'm a strong advocate of not selling beer and wine that close to those churches, regardless of how you feel about that. But, I don't know how they (Continental Properties) could justify putting it in in front of a Southern Baptist Church.”

Then on December 7, 2004 Robinson & Sons, Inc. presented to the Planning and Zoning Commission with a zoning application to change from residential to Community Commercial. Robinson & Sons, Inc. is a local developer created by the Robinson family, which in-turn also has family members serving on the Douglas County Home Builders Association. Paul H. Robinson, Jr. presented the material regarding a new shopping center to be built in front of Chapel Hill Elementary and Middle schools.

When it was time for residents to speak about the development, no one spoke in favor of the development. The residents that did speak against the development presented valid points:

  • Robinson & Sons, Inc. did not hold any neighborhood meetings prior to the zoning meeting unlike Continental Properties
  • Traffic was expected to worsen with the developments completion
  • The acceptance of a liquor license across the street from a public school is questionable by parents
  • Other grocery stores were approximately three miles away

Much discussion was by Mr. Robinson who spoke of traffic improvements, introducing more traffic lights to an already congested area. Other highlights were the presentation of building and how it would benefit the community. Afterwards the Planning and Zoning Commission unanimously approved the application, immediately followed by the Board of Commissioners acceptance by Commissioners Gordon and Latham. Commissioner Latham did not speak during this meeting, unlike his comment before.

Then on December 15, 2004, the Douglas Neighbor newspaper reported that Robinson & Sons, Inc. brought in non-county residents to be seated in the audience to support the development. That group of individuals raised their hands when asked by Robinson if there was any one in the audience who supported a supermarket in the area.

The end result would conclude that local developers are more welcome to develop and have more authority to persuade Officials, despite the presence of public opposition. Also Commissioner Latham and other County Officials feel that building a grocery store (or other facility providing alcohol) in front of public schools is more than acceptable, but if a grocery store was to be built adjacent to a church then it is not acceptable.

The actions conducted by the County in the time span of eight months do not enforce a consistency to authorize developments properly. There is no way of turning back to the clock as both developments have been given the green light long ago. Residents can still speak up about development at Citizen's Hall when meetings are present. Voters will have to decide for themselves in November who they still want in office in the current administration.


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