City claims retail not allowed in general industrial zoning

A developer’s lawsuit against Peachtree City over the possible location of a Lowe’s Home Improvement store is inching its way toward a standoff in court.

Superior Court Judge Paschal A. English Jr. denied both parties summary judgment in an order dated Sept. 12, leaving the case on track for a trial date.

Hyde Investments Inc., owned by Peachtree City businessman Mike Hyde, is claiming the city unfairly denied his proposal to build a Lowe’s superstore at the intersection of Ga. Highway 74 and TDK Boulevard/Crosstown Road. The land is zoned general industrial, but Hyde contends that the city has granted commercial uses on industrial zoned land dating back many years.

City officials argue that the Lowe’s is a retail store, not a building supply business that would otherwise be permitted under the city’s general industrial zoning category.

The city’s zoning ordinance does not cap the size of big box stores on parcels zoned for industrial use. The big box regulations only apply to property zoned general commercial, which ultimately means that if Hyde wins the suit the Lowe’s will not be limited in size.

In his order, English notes that there is no official written record explaining why the city thinks Lowe’s is not permitted in the general industrial zoning district. After an April 2006 meeting on the matter between city officials and Hyde, the City Council discussed the use of the property in executive session, and City Attorney Ted Meeker informed Hyde’s attorney that council did not think the Lowe’s, then called “Builder’s Supply Outlet,” would be allowed under the GI zoning, according to Hyde’s lawsuit.

English noted that some information that might settle the matter are still unavailable, such as what items are sold by Lowe’s stores and in what amounts and whether a Lowe’s in Peachtree City would have different sales compared to others across the country.

“Because of the unique language of the zoning regulation, with its conditions and restrictions, such information could prove critical in settling this dispute,” English wrote.

The suit was filed by Hyde Investments in July 2006 over the 13.86-acre site.

Hyde is represented in the case by former Peachtree City Attorney Rick Lindsey.