Sunday, May 13, 2001
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Sunday, May 13, 2001 |
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City settles suit with developer New development plan expected within a month
By MONROE ROARK
The Fayetteville City Council approved a settement agreement with developer Stan Thomas Wednesday night, marking what appears to be the end of a couple of years of litigation and possibly leading to a restaurant development in the city that was planned several years ago. Thomas filed a lawsuit against the city after the council reverted a rezoning on a piece of property on the west side of Ga. Highway 85 near Thomas' Fayette Pavilion retail complex. The developer had planned to put a restaurant, and possibly two, on a tract directly across from Ellis Road, next to Rent-All. When the council gave Thomas a C-3 zoning for the three-acre site, it was with a number of conditions, including the construction of a road connecting the property with the rest of the Pavilion, running behind Rent-All. A one-year deadline was given for Thomas to get the road done, and that was renewed for a year by the council at Thomas' request. But when it didn't happen within two years, the council reverted the zoning to R-40 residential. The major snag in the road, which would have formed a direct intersection with Ellis Road on the east side of the highway, was believed to be the collapse of Thomas' easement agreement with Rent-All, according to City Manager Joe Morton. The settlement agreement, signed by the council at Wednesday's special called meeting, says that both parties will stay any litigation for 30 days while Thomas prepares another development plan for submission to the city. If that plan meets with all city guidelines, the lawsuit will be dismissed, according to Laurel Henderson, an Atlanta attorney representing the city in this action. "It's unfortunate this misunderstanding took place," Mayor Ken Steele said Wednesday after Henderson briefed the council on the settlement. "But it looks like the property will get developed the way the city wanted it developed, and Mr. Thomas will get the development he wants." The city never had a problem with the original development plan, Morton said Thursday. "We just wanted the access road." Thomas will go directly to the City Council and bypass the Planning and Zoning Commission because of the litigious history of this project, Morton said. It's likely the plan will be considered at a council meeting within 60 days. Morton, who has seen a preliminary plan but not the final plan, said that the city will be getting essentially the project proposed several years ago. "It looks like it meets what the city is looking for," he said. "I don't think there will be any real changes."
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