PTC Council acted 'appropriately' in its handling of Wal-Mart appeal

By JOHN MUNFORD
jmunford@TheCitizenNews.com

The Peachtree City Council appropriately handled the Wal-Mart concept plan appeal instead of remanding it back to the Planning Commission, according to City Attorney Rick Lindsey.

In a letter to City Manager Jim Basinger last week, Lindsey said council had the authority to act on the appeal from Ram Development. He also noted that council was required to hear the appeal based on the city's development ordinances.

"In summary, the Wal-Mart appeal was handled appropriately according to our ordinances and, thus, the decision of the City Council was legal and binding," Lindsey wrote.

Council approved the concept plan for the Wal-Mart Superstore at its Nov. 2 meeting despite a recommendation from the Planning Commission to deny it. Council members Dan Tennant and Annie McMenamin opposed the motion to approve the concept plan, which drew favorable votes from council members Robert Brooks, Carol Fritz and Mayor Bob Lenox.

Additions to the list of traffic improvements promised by the developer,which were announced at the meeting, were cited by Lenox as the chief factor for approving the plan.

Planning Commissioner Robert Ames had questioned whether the concept plan should have been sent back to the Planning Commission for review since the list of traffic improvements was changed.

In Lindsey's letter to Basinger, the attorney said the city's traffic impact ordinance does not address or prohibit the amendment of the traffic mitigation plan while the appeal is pending.

"Thus, Ram Development did not act illegally in modifying the plan," Lindsey wrote.

Council could have approved the traffic mitigation plan and sent the concept site plan back to the Planing Commission, Lindsey said in the letter. However, council was not required to do so, he added.

Since the appeal was brought by RAM Development, council was required to hear the appeal, Lindsey added.

Originally, the city's traffic consulting firm, Dames and Moore, had indicated that the traffic improvement plan for Wal-Mart would not meet the requirements of the city's traffic ordinance.

But during the Wal-Mart appeal hearing, Lenox said one newly proposed improvement made the difference in changing the consultant's mind: a through lane for westbound traffic on Ga. Highway 54. That lane would allow vehicles to continually pass through the intersection at Huddleston Road without stopping.

The through lane would be positioned next to another westbound lane which would contain traffic that turns onto Hwy. 54 from Huddleston Road. Those two lanes would eventually merge into one lane before the highway reaches the Coweta County line.

The Wal-Mart appeal drew a standing-room-only crowd to council chambers. Many residents spoke against the project, citing safety problems that would be created by the number of vehicles flocking to the store.

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