New wrinkle on roads: PTC doesn’t own them?

Tue, 02/05/2008 - 5:53pm
By: John Munford

Council to vote Thursday night on abandoning 2 city streets to permit a Kohl’s department store

The Peachtree City Council is expected to vote Thursday night whether to abandon a road to allow a commercial developer enough room to build a big box store.

But there’s a new wrinkle in the plan proposed by Capital City Development. It turns out that Peachtree City doesn’t possess clear title to the streets.

According to City Attorney Ted Meeker, a Georgia Supreme Court ruling in a similar case indicates that when such roads are abandoned, the abutting property owners are “presumed to own” to the middle of the road from their property lines.

In other words, the city may not be able to sell the roads to CCD after the roads are abandoned. And, Meeker noted in his Dec. 5 written opinion, “once Council votes to approve the abandonment, that vote cannot be rescinded.”

Meeker wrote that it’s also possible that should the roads be abandoned, it’s possible the roads could be vested “in the adjacent property owner by operation of law, at no charge, and without any deed restrictions.”

The matter will be discussed at the 7 p.m. council meeting at City Hall.

Capital City Development wants part of Line Creek Drive and Line Creek Circle so there will be enough room for an 89,000-square-foot Kohl’s Department Store. The 14-acre site is at the southwest corner of Planterra Way and Ga. Highway 54, and it directly abuts the Cardiff Park subdivision.

The parcel is zoned for general commercial use.

Several nearby residents are pushing for the Kohl’s plan because CCD’s Doug McMurrain has pledged to build the shopping center much like The Avenue shopping center. Conversely, McMurrain has submitted an alternative plan that shows a gas station directly off the highway with several restaurants and assorted shops including some auto-related stores.

The Planning Commission denied approval of the conceptual site plan featuring the gas station at its Jan. 28 meeting. CCD has appealed the decision, and that will also be considered by City Council Thursday night.

McMurrain has said he is out of time to work with neighbors and city officials in convincing them to abandon and sell the roads. The informal process has been going on behind the scenes for roughly 18 months.

[An editorial about the proposed abandonment of the two city streets is under “OPINIONS” online.]

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Submitted by John M on Thu, 02/07/2008 - 2:17pm.

For once, just for once, the city council should respect the citizens of this town and kill the Kohl's.

"I'm NOT John Munford"

Submitted by Hollander on Wed, 02/06/2008 - 7:24pm.

Whole Foods did an extensive market study and found that PTC did not support their business. This was after receiving many, many emails from PTC residents requesting them to move into PTC. It seems as if PTC is not as exclusive as it seems to want to be.

Submitted by Spyglass on Wed, 02/06/2008 - 10:28pm.

It's really that simple. There are not enough households within their parameters from the store. It's a catch 22 with many retailers regarding PTC. Average Income per household is here, but the density is not.

I'll take it the way we it is now anyday. In my opinion, it makes PTC even more exclusive.

Submitted by timwill01 on Wed, 02/06/2008 - 4:24pm.

Why Kohls. They have crappy out of style clothing. Why not something fun and unique as our city. Like Trader Joes, or Whole Foods???

Submitted by sageadvice on Wed, 02/06/2008 - 5:07pm.

Those other places don't see PTC as a place for them to make money right now!
Only DUDES go to "Trader Joes" and "Whole Foods"
Everyone wants some cheap crap!

I suppose Jane Fonda cooks out of "Whole Foods?"

Main Stream's picture
Submitted by Main Stream on Wed, 02/06/2008 - 8:23pm.

What are 'DUDES'?? You mean cool guys, or skateboarders, or hippies or surfer dudes, or what? (I'm trying to understand your lingo...)

Submitted by sageadvice on Wed, 02/06/2008 - 8:45pm.

A person excessively concerned with himself in many or all ways.

Main Stream's picture
Submitted by Main Stream on Wed, 02/06/2008 - 9:37pm.

Well, I guess we'll just have to settle for more mediocrity (Kohl's-Goody's-Big Lots-BP Gas Station) in that new development. There are so many retail spaces for lease now, from ventures that went out of business, it doesn't make sense to keep adding more store fronts.

Doesn't PTC have an Economic or Business Development department at work, to help lure viable business here that will fill up some of the empty spaces we have in town?

Submitted by bowser on Thu, 02/07/2008 - 4:07pm.

Agreed, in part. Kohl's isn't perfect, but I'd rather have one of them than 20 more little boutique-y businesses and franchises like we now have on the north side of 54.

It looks like a carnival midway over there -- all it lacks is a cotton candy booth and a ferris wheel -- and customers, from what I can tell.

Half of those will be out of business within 5 years and we'lll have another Westpark on our hands....Time to stop that madness.

Submitted by Spyglass on Thu, 02/07/2008 - 5:21pm.

The area you speak of is pedestrian friendly to some extent. I like the idea of sidewalks etc between the stores and the road instead of acres of asphalt parking. Yes stores will come and go, but it will be mainly locals running them. From pizza to sushi to hamburgers to great leather chairs, you can find it there. In my opinion, much better than having another big box in the same location.

mudcat's picture
Submitted by mudcat on Thu, 02/07/2008 - 6:48am.

No they don't - neither does the county. All they have is Economic Development which focuses solely upon offices and industries. The small or medium retailer is handled by real estate brokers who work with the brokers who are trying to sell the land. There is no consideration given to the city's needs, the citizen's wants, empty space or anything else - except getting the land sold and something built.

It would be a good thing for PTC to set something up that filtered retailers looking for space through a process where they had to consider existing space, but the real estate indusrty has too much clout over mayor and council and some staff to even consider that.

The true Economic Development types avoid retail since it isn't glamourous and they can't get the cities or the counties to pay their salaries to attract retail. In fact most cities and counties just sit back and either hope retail won't happen or try to fight it. Then we get what we get because of lazy ineffective government.

yardman5508's picture
Submitted by yardman5508 on Thu, 02/07/2008 - 8:17am.

Fayette County DOES have a development authority. And they have a website. It is quite informative as a matter of fact, Keep the faith.

Democracy is not a spectator sport.

Submitted by sageadvice on Thu, 02/07/2008 - 6:46am.

Yeah they are call "Tourist Authority!!"

Submitted by Spyglass on Tue, 02/05/2008 - 6:41pm.

The County quit maintaining the road and we now own half of a road.

Submitted by sageadvice on Tue, 02/05/2008 - 7:18pm.

And the town didn't know it?

Submitted by Spyglass on Tue, 02/05/2008 - 7:20pm.

They (the town) gave it up.

Submitted by sageadvice on Wed, 02/06/2008 - 5:08pm.

I mean now?
They have cost us millions not knowing what we own, NOW!

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