Evil Fuqua Development to Sue the City (Atlanta, Washington: neighborhood, zoning)

[toll_booth]

Originally Posted by Nanosolar

Are you BJ Upton?

BJ Upton doesn't know how to walk. Or to hit.

[J2rescue]

Originally Posted by JPD

I won't be surprised if Fuqua wins in the end.

I was feeling the same way but according to the lawyer for the neighborhoods, the city code states that the Beltline overlay supersedes the zoning whenever there is a discrepancy. If this is true and is clearly stated in the codes, then I think the city and the neighborhoods are on solid legal standing in this case.

[chiatldal]

Originally Posted by ATLJR

@ Jillgineer & @CCATL

Walmart is most definitely the tenant here. This is Walmart's MO, where they actually provide financing the developer otherwise wouldn't have access to. The reason Fuqua is pushing so hard for this style of development, rather than alter the development, is either because he agreed to something with Walmart per these specific site plans and if they change, to say a more urban / mixed-used development, Walmart could pull the financing and then Fuqua has nothing or simply Walmart is telling him this is what they want and Fuqua doesn't want to ruin the relationship (considering he builds these sort of suburban, big-box developments, and they rent out a lot of big box stores).

Walmart provides Fuqua with financing, Fuqua acts as the face of the development rather than Walmart, and takes the PR hit rather than Walmart, and does all the ground work dealing the city, etc. So that's the relationship. Not that I know this 100%, but based on my understanding from previous developments involving Walmarts in which architect friends of mine have worked on, this is the case.

Well that makes it a lose lose for Fuqua. Now Fuqua will be battling the neighborhood it's customers.

[Jillgineer]

Originally Posted by chiatldal

Well that makes it a lose lose for Fuqua. Now Fuqua will be battling the neighborhood it's customers.

Wal-Marts tend to have large catchment areas so they don't care if the make people close by angry. The reason for the large parking lot is so people from outside the neighborhood can drive to the store. If they were only going for people who live nearby, they could have built one of their smaller stores designed for an urban context.

[lastminutemom]

Originally Posted by Jillgineer

Wal-Marts tend to have large catchment areas so they don't care if the make people close by angry. The reason for the large parking lot is so people from outside the neighborhood can drive to the store. If they were only going for people who live nearby, they could have built one of their smaller stores designed for an urban context.

I just went to one of Wal Mart's new market type stores. It is essentially just a grocery store with the standard grocery and household items. You are right though, it had substantially less parking than a traditional huge Wal Mart.

This particular Wal Mart Market is immensely walkable for a large number of people, many whom don't have cars. It will do well.

[Seatlien]

Originally Posted by J2rescue

I was feeling the same way but according to the lawyer for the neighborhoods, the city code states that the Beltline overlay supersedes the zoning whenever there is a discrepancy. If this is true and is clearly stated in the codes, then I think the city and the neighborhoods are on solid legal standing in this case.

Here's the code: Municode

"Sec. 16-36.001. Scope of regulations.
1.
The existing zoning map and underlying zoning regulations governing all properties within the BeltLine Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations with the exception of existing lots of record that are zoned R-1 through R-5 or Special Public Interest District and not located immediately adjacent to the BeltLine Corridor. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this chapter shall apply." (emphasis added)



The Office of Planning did not enforce this. If somehow we can get the SAP overturned by the BZA, LaFarge/Fuqua may sue the city on the grounds that the code itself is unconstitutional.


This thing will end up in court(s) one way or another. That's why the community is raising money for legal fees. Speaking of which, have y'all donated? Smart Growth Atlanta

[jsvh]

Originally Posted by Seatlien

Here's the code: Municode

"Sec. 16-36.001. Scope of regulations.
1.
The existing zoning map and underlying zoning regulations governing all properties within the BeltLine Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations with the exception of existing lots of record that are zoned R-1 through R-5 or Special Public Interest District and not located immediately adjacent to the BeltLine Corridor. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this chapter shall apply." (emphasis added)



The Office of Planning did not enforce this. If somehow we can get the SAP overturned by the BZA, LaFarge/Fuqua may sue the city on the grounds that the code itself is unconstitutional.


This thing will end up in court(s) one way or another. That's why the community is raising money for legal fees. Speaking of which, have y'all donated? Smart Growth Atlanta

Great post! And yes I have donated

[Zanarkand A East]

Originally Posted by toll_booth

BJ Upton doesn't know how to walk. Or to hit.

He does lately. Stay tuned!

[arjay57]

Originally Posted by Jillgineer

Wal-Marts tend to have large catchment areas so they don't care if the make people close by angry. The reason for the large parking lot is so people from outside the neighborhood can drive to the store. If they were only going for people who live nearby, they could have built one of their smaller stores designed for an urban context.

Exactly.

[jsvh]

Yep, I would love to support the developer in their efforts for a smaller urban WalMart that I can walk to without dying. But until then myself and the community will ensure they face a costly up hill battle to build this strip mall.