Wednesday, March 31, 2004
|
Wednesday, March 31, 2004 |
| Suit over, Target plans for N. PTC big box By J. FRANK LYNCH A compromise worked out between a North Carolina developer and a group of Peachtree City homeowners clears the way for Target to locate a store at Kedron Village, and brought an abrupt halt to a trial this week challenging the city’s so-called “big box” ordinance. Opening arguments were scheduled for Monday morning in Fayette County Superior Court in the suit brought against Peachtree City by Faison Development LLC of Charlotte, which builds shopping centers nationwide for Target. Instead, the developer and homeowners sat down Monday to go over the final amended version of the settlement approved by three members of the City Council on Friday morning. If the trial had proceeded, Faison was prepared to argue before Fayette County Superior Court Judge James Edwards that it had earned “vested rights” to add a 125,000-square foot Target store and nearly 140,000 square feet of additional space at Kedron, based on site plans for the area drawn up by the property owner and original developer, Pathway Communities, in 1995. The city was prepared to argue that the size of Faison’s proposal far exceeded original intent, said City Attorney Ted Meeker. And members of the Kedron Hills Homeowners Association who live closest to the retail center were prepared to fight plans to extend their residential street into the shopping center to provide access to Target. There was no guess how Edwards might have ruled in the case. Meeker estimated it would have taken at least four days to conclude, based on witnesses and evidence to be presented. In a hearing before Edwards Monday morning, all three parties agreed to a consent order outlining 10 conditions necessary for the project to proceed. All left feeling at least partially victorious. “Everybody is happy,” said City Manager Bernard McMullen on Monday. “Faison is happy, the citizens are happy.” The settlement includes a reduction in the overall size of the proposed development by about 50,000 square feet and the relocation of secondary access away from Regents Park, which had been a primary cause of opposition for the residents. Faison will be required to submit a new site plan for the entire project, which must pass through the city’s planning department and get approval of the Planning Commission again. McMullen wouldn’t predict how long it would take for Faison to submit new plans and begin construction. “I imagine they’ll want to get it started fairly quickly,” he said. The new plan will have up to 215,000 square feet of retail space and 14,800 square feet of second floor office space. The retail space includes the 125,000 square foot Target Store. The entrance drive that had been proposed directly across from Kedron Hills neighborhoods will be relocated opposite the second entrance to the AMLI Apartments off Georgian Park, and another entrance to the property will be located further west along Georgian Park. An additional enlarged outparcel will hold up to 50,000 square feet of retail space. The outparcel was included in plans submitted by Faison last September, but the amount of retail space planned was not specified. The terms of the settlement have each party bearing its own legal fees in the case as well. The Planning Commission denied a plan submitted on Sept. 22 last year by Faison that included a 124,717 square foot facility for Target, an additional 130,200 square feet of retail space and 14,000 square feet of second-story office space. Though Faison filed suit against the city after the Planning Commission’s denial, in February Judge Edwards ordered the company back to City Hall until it had exhausted all its appeals. The City Council unanimously affirmed the Planning Commission decision at their March 4 meeting. Mayor Steve Brown cast the lone dissenting vote approving the city’s settlement offer Friday morning, saying he had concerns that while Faison had agreed to reduce the project, it was still being allowed to build beyond the original plans for the area. Brown ran for mayor in 2001 largely on opposition to “big box” retailers like Wal-Mart and Home Depot. Peachtree City adopted its ordinance in 2000. Among other things, it limits single retail tenants to 32,000 square feet or less. But the Kedron Village property was essentially grandfathered based on the 1995 site approval.
| ||