Residents slam bill allowing Germantown discount stores

A group of Germantown residents and others voiced their opposition Tuesday to legislation in City Council that would allow a Dollar Tree store and a Save-A-Lot discount grocery to operate at a complex at Chelten and Pulaski Avenues.

Yvonne Haskins, a lawyer representing several Germantown community groups, testified before the Council's Rules Committee about legislation by Councilwoman Donna Reed Miller that would amend a zoning overlay, or district, to allow the discount stores to open at the site.

Haskins told the panel that the legislation is "impermissible spot zoning."

Besides the Dollar Tree and Save-A-Lot stores, the project would include a Subway restaurant, a Citi bank branch, a Wired Beans coffee shop, and a Little Caesar's pizza shop, officials said.

Construction of the shopping complex is nearly complete. Officials said that the opening of the two discount stores was set for early December.

The developer, Pat Burns, said Tuesday that he had commitments from all of the stores and was awaiting a ruling from Council on the zoning amendment.

The current zoning overlay prohibits variety stores, nail salons, and similar uses. Neighbors noted that there were more than a dozen dollar stores in the area.

Some of the neighbors said they had wanted an upscale supermarket, such as Trader Joe's to go in the place where a Fresh Grocer had been for several years before closing last winter. The site had previously housed a ShopRite supermarket for many years.

Haskins told the panel that the legislation is "impermissible spot zoning."

In September, the residents argued before the Zoning Board of Adjustment that the Dollar Tree store would violate a ban on variety stores on the Chelten Avenue and Germantown Avenue business corridors.

The zoning board sent developer Burn's permit back to the Department of Licenses and Inspections.

"Before the ink was dry on the zoning board's decision . . . Councilwoman Miller chose to change the law by proposing this amendment so that the zoning board's decision would be moot," Haskins said.

Miller told the residents that she created the overlay years ago because "I was tired of seeing the same types of stores in Germantown." She said it was never her intent to prohibit supermarkets or large variety stores.

Miller, whose term on Council will end this winter, said she viewed the Dollar Tree project as "an opportunity that I hope will spur other development." She said there had been no major development projects in Germantown in 16 years.

Carl Primavera, a lawyer representing Burns, described the project as "a wonderful thing that over time, people will rally around."

Primavera has argued that the Dollar Tree store will be a "grocery store."

Burns said $14.3 million was being spent on the project, with $3 million coming from a state grant and $11 million in private funding.

After the hearing, Miller said she was calling for the change in the overlay because she was informed by the City Planning Department that the wording "was not the best."

"Right now the way it's worded, it would not allow a Macy's or a Target."

"We're inviting an opportunity for better stores with more variety."

She said the legislation was not being changed to suit Burns' project.

William Nesheiwat, Miller's legislative director, said because of Burns' project, the problems with the wording were noted.

"We did not anticipate the definition being stretched to stop a development of this size," Nesheiwat said. "That's why we're amending the overlay."

Under questioning, officials for the project said about 100 jobs, mostly part-time, would be created by the project.

Councilman W. Wilson Goode Jr. asked Burns and Primavera if they had an economic-opportunity plan that would reflect the economic impact on diverse racial groups, women, and others.

Primavera said he believed that an economic-opportunity plan has been done. Councilman James Kenney, who chaired the hearing, asked that the hearing be recessed until Wednesday to allow the economic-opportunity plan to be presented by the developer. Before the stores can open, Council must amend the zoning overlay or the developer must seek permission from the Department of Licenses and Inspections to move forward.