The Fayette Citizen-News Page

Friday, July 9, 1999
Plan to draw up design of Walt Banks tract gets little support

By MONROE ROARK
Staff Writer

When the subject of spending Peachtree City money for preliminary design work on the northwest corner of Ga. Highway 54 and Walt Banks Road came up at the July 1 City Council meeting, some council members wondered if it was worth the effort.

Mayor Bob Lenox is proceeding with the acquisition of such a plan, city spokesperson Betsy Tyler said Tuesday. Although Lenox can spend the suggested $7,000 without City Council approval, he wished to bring it before that body for discussion and, hopefully, come to a consensus on it.

Recent meetings among land owners and potential developers at the site have left a sour taste in some mouths, specifically Councilwoman Annie McMenamin.

“I'm starting to think the city's playing by itself here,” she said. “We will just be wasting money.”

She said that Bill Lassiter, who owns 33 of the 73 acres on the overall tract, has shown almost no desire to compromise on any aspect of the project.

Lassiter's attorney, Doug Dillard, had said at the June 24 meeting of the “task force” that he had been instructed not to come to any more of the meetings because of Lassiter's displeasure at the idea of putting more residential property into the tract and taking away some of his office-institutional land.

Lassiter himself has been out of the country during much of the past month, making almost no contact with the city and very little with his own attorney before Dillard's statement.

“He has turned his back on compromise,” McMenamin said of Lassiter. “He has a certain profit margin he will not back away from.”

Councilman Jim Pace also was against spending the money, which was suggested to be an amount not to exceed $7,000. But he had a different reason than McMenamin.

“This sets a very bad precedent, spending taxpayer money to develop private property,” said Pace. “It's the developer's or land owner's responsibility.”

Mayor Bob Lenox replied that the city of Fayetteville had done the same thing — developing a plan for a piece of property and shopping the various parcels to developers based on the approved plan. Lenox also pointed out that whenever a developer spends his or her own money on a plan, it will be to make the most money, not necessarily to do what's best for the city.

He reiterated what had been said several times in the past month: Peachtree City has spent hundreds of thousands of dollars over the years defending litigation concerning this property, and it's time to spend a little money and do something positive.

Pace said that there are creative solutions that do not require taxpayer money. He suggested looking to the experts at Georgia Tech for help in developing a plan.

Lenox suggested that time is of the essence. “If we let the window of opportunity go, Dillard will file again for rezoning,” he said.

Dillard and Lassiter can legally refile after six months have passed since the previous application, which was denied in January concerning the proposed Mews development.

At the June 24 meeting, Dillard said he would likely seek a reduction in the buffer on Hwy. 54 from the 100-foot minimum now stipulated to 60 feet, which is what the city ordinance requires. He will also ask for a right-in/right-out access drive from the highway onto the property.

Of particular concern to the city is the fact that Lassiter can now develop the property commercially, with the current zonings and the current restrictions, into something profitable to him that may or may not be in the city's best interests.

There was speculation that if the city denied the new rezoning request, the matter would be hauled right back into court.

Councilman Robert Brooks asked if the stipulations Dillard wished to change were not in the settlement agreement, and if he had any grounds to challenge what had previously been agreed to in court.

City attorney Rick Lindsey said that the restrictions were part of the settlement agreement. “That's our best defense” in litigation, he said.

As for the $7,000 to be spent on a design plan, it was pointed out several times that although Lenox presented it to the City Council for consideration, he did not have to. City ordinances allow him to spend that much without any City Council approval.

Also, two other people who control portions of the property — Paul Heard and Bob Adams — have expressed an interest in developing a master plan and possibly contributing financially to get it done.

Adams recently had 20 acres rezoned for a cluster-home community at the northernmost end of the tract.

Lenox stressed that any potential disagreements about the use of the property could possibly be ironed out with a master plan, but it would be more difficult to agree on anything without a tangible plan to look at.

Lindsey suggested that the city do what Lassiter has essentially done, which is ask for a show of good faith on the other side.

No action was taken by the City Council on the matter. Lenox said he would contact Lassiter and Dillard and then make a decision.


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