Peachtree City United Methodist Church can now build its new campus with no restriction on how much of the property can be used, other than ordinary buffers and setback requirements.

The church cleared a hurdle previously imposed by the Planning Commission when the City Council reversed the only condition that the commission had placed on its conceptual site plan approval.

Under review was the Planning Commission's stipulation that about 25 acres, about 40 percent, of the church's proposed 63-acre new campus be designated as permanent open space. Attorneys for both the church and the city agreed that the restriction was not proper.

Atlanta attorney Patrick McKee, representing the church, raised three points concerning the stipulation — it was unreasonable, the Planning Commission lacked the authority to impose it and it was likely unconstitutional on a state and federal level.

While the church cannot specifically predict every single thing it would do with the property over the next 50 years, McKee maintained that there would be no “sleight of hand,” but the church would come before the city for approval each step of the way.

Many residents living around the proposed tract, which sits at the corner of Robinson Road and Old Stagecoach Road, have expressed their fears that if the church's proposal was not reined in, a “megachurch” complex with lighted athletic fields and other outdoor facilities would be in use at virtually all hours.

“`Permanent' is a long time,” said McKee of the open space requirement. “Forty percent of the property is just too much.”

But the city's director of developmental services, Jim Williams, recommended denial of the appeal, saying that at this stage it was “unnecessary” and “inappropriate.” McKee countered that the appeal was in perfect order, as a city ordinance requires that it be filed at least five days before the hearing.

In a most unique turn of events, a second “appeal” was discussed at the meeting, as nearby resident Randy Hough asked the council to overturn the entire decision by the Planning Commission and send the church back to square one. Although it was determined that Hough had not met the requirement that appeals be filed within five days of the original decision, McKee said that the church had no objections to hearing Hough's appeal.

That was heard after the council voted to remove the open space stipulation, the only one of 11 conditions set by the Planning Commission that the church took issue with. City attorney Jim Webb said that it was “probably an invalid restriction and taking of the church's property.”

There was some concern among council members that a hearing on Hough's appeal would not be permitted under the new open meetings law, since the church was not aware of it before the meeting. But when the church said it would not object, that became moot.

Hough said he believes the church was approved automatically because it is a church, and that many of its intended projects on the proposed property are not in line with what a church should be. Under Peachtree City's ordinances, a church is considered a conditional use and is allowed in any zoning classification.

Webb said that in his legal opinion, Hough would have to prove that the applicant is not a church, and he did not do that. He recommended that Hough's appeal be denied, and it was, by a unanimous vote.

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