Friday, April 2, 2004
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Friday, April 2, 2004 |
| Settlement reached in Target center lawsuit (Editor’s note: The following is a prepared statement released this week by Peachtree City officials.) On Monday, March 29, Fayette County Superior Court Judge Chris Edwards issued a consent order finalizing the settlement of the lawsuit filed by Peachtree Holdings, LLC, and FCD-Development, LLC (FCD), against the City of Peachtree City regarding the construction of phases II and III of the Kedron Village Shopping Center in northern Peachtree City. The settlement includes a reduction in overall size of the proposed development, and the relocation of secondary access away from Regents Park, which had been a primary cause of opposition for residents living near the development. The consent order requires the developer, FCD, to resubmit a new conceptual site plan to the city for approval. The new plan, which will encompass phases 2 & 3 of the center, 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 proposed entrance to the center, directly across from the Regents Park access to several residential neighborhoods, will be relocated opposite the second entrance to the AMLI apartments, with an additional entrance to the property further west along Georgian Park. One additional enlarged outparcel will hold up to 50,000 additional square feet of retail space. The outparcel was part of the Sept. 2003 plan that was submitted, 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. The lawsuit was initiated against the City of Peachtree City following the Peachtree City Planning Commission’s denial of a plan submitted Sept. 22, 2003. That plan included a 124,717 square foot facility for Target, with an additional 130,200 square feet of retail space and 14,000 square feet of second-story office space. The Mayor and Council unanimously affirmed the Planning Commission decision at their March 4, 2004, City Council Meeting. The city had previously approved a plan for the center’s expansion in 1995, including the access from Georgian Park opposite Regents Park. That plan included approximately 177,000 square feet of retail space. In November of 2000, Peachtree City adopted its Big Box Ordinance, which, among other requirements, limited single retail tenants to 32,000 square feet or less. The City Attorney indicated that the Kedron property had vested rights to the plan approved in 1995, but that the 2003 plan was substantially different, and would therefore be subject to the Big Box Ordinance.
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