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Lawsuit: Lowe’s wants Hwy. 74, TDK locationThu, 05/31/2007 - 3:39pm
By: John Munford
City fights retail use on industrial-zoned land A pending lawsuit between a local developer and Peachtree City could end up with a Lowe’s Home Improvement store being located just off Ga. Highway 74 south and TDK Boulevard. The city, however, claims that Hyde Investments can’t develop the 13.8-acre property for retail use because it’s zoned for industrial use. Hyde claims in the suit that the city’s zoning ordinance does allow for retail uses in the general industrial zoning district, pointing to more than 30 such uses on industrial zoned land in town but specifically just a bit to the north to the Gill-Roy’s Got It hardware store. Gill-Roy’s is on land zoned industrial and thus the Lowe’s should also be allowed, Hyde argues in its suit. The city claims that Gill-Roy’s was a hardware store that existed in the mid-70s before the city beefed up its zoning ordinances, and thus it has been grandfathered as a “nonconforming use.” In theory if Hyde wins the lawsuit, it could open up the city’s entire industrial park to commercial development unless the city were to change its ordinance in response to the court’s decision. Hyde Investments has not sought a rezoning for the property, which is typically required before such a lawsuit can occur. But the city has agreed to waive that requirement in order to expedite a ruling from the court. In the lawsuit, Hyde indicates that the City Council discussed his development plan in executive session and he was later informed by a city representative that council agreed the development is not allowed under the city’s current zoning ordinances because the property is zoned for general industrial use. Attorneys for both sides filed motions for summary judgment last month which means a trial could potentially be avoided. Attorneys typically seek a summary judgment when interpretations of law are involved and the facts of the case are generally agreed upon. The city’s zoning ordinance allows retail uses to occur on industrial zoned property if one of two criteria are met: if the retail use is “incidental” to the primary use of the property or if the establishment is designed to cater to the needs of other industrial zoned property in the city. Hyde claims that the retail use of the Lowe’s is incidental to the storage of building materials on the site, but the city contends that is not enough because the primary use is to sell items including building materials ... not for them to be stored on site. Hyde Investments is owned by Mike Hyde who owns several convenience stores including The Pit Stop and Omni Fuels. Hyde successfully fought the city in court before over the sign ordinance after he was initially told he couldn’t post gas prices on signs. The Georgia Supreme Court ruled in Hyde’s favor in that case. login to post comments |