By JOHN MUNFORD
jmunford@TheCitizenNews.com

Peachtree City's attempt to regulate "big box" retail stores has hit a slight snag.

City officials have created a draft amendment to the zoning ordinance that would require retail centers with big box stores to meet a list of special conditions, such as development of plans for traffic management and water management.

But the proposed amendment is too vague, argued attorney Doug Dillard, who represented Pathway Communities in speaking out against the ordinance at Monday's meeting of the Peachtree City Planning Commission.

The city's version of the amendment would limit retail stores to 90,000 square feet in size if the property is zoned general commercial.

But local resident Steve Brown presented a proposal to the commission that allows for the maximum size limit to grow incrementally on a yearly basis. Brown suggested that the city set the size limit using the average square footage of all new commercial developments from the previous five years. That average could be multiplied by a projected growth percentage decided upon by the City Council, according to Brown's theory.

"It wouldn't cap growth, but it would allow growth on a timetable the city can make adjustments to," Brown told the commission.

Dillard objected to the city's version of the proposed zoning amendment. He said the ordinance didn't outline what the problem is with big box stores.

"What detriment does it have on public safety and welfare?"

Dillard asked the commission rhetorically.

Dillard also said the ordinance is vague in a number of ways; for example, in the language that requires a large store "to provide enforceable assurances to the city attorney" that it won't leave the space vacant if it moves out at any time.

"Does this mean covenants, or will it require bonds?" Dillard asked.

With the city's version of the ordinance asking the developers to address traffic concerns, Dillard reminded the commission that case law forbids a development from being turned down for traffic considerations alone.

"I think you have run afoul of specificity," Dillard said. "Are we trying to eliminate certain types of businesses from coming to Peachtree City? If it is, gentlemen, you can't do that."

City Attorney Rick Lindsey said Dillard's comments should be tended to by reevaluating the proposed ordinance. Meanwhile, the Planning Commission debated briefly whether the ordinance is needed, since there are few sites left in Peachtree City where a big box store could locate.

Eventually, the commission asked staff to rework the ordinance and present the results at its next meeting, which is slated for Monday, Oct. 11. Jim Williams, the city's director of developmental services, said the incremental increase proposal from Brown would require some study.

"The majority of people in Peachtree City moved here to get away from that," commissioner Jim Finney said, referring to massive retail developments in neighboring counties that have sprung up.

Williams said Peachtree City has apparently hit the population figure that has caused "the marketeers" to want to locate stores there. In addition to the Home Depot store planned for Peachtree City, Wal-Mart might also soon be coming to town if it can resolve issues regarding the traffic it would create.