Planners reluctant to ‘reaffirm’ PTC annexation

Tue, 10/13/2009 - 3:57pm
By: John Munford

The Peachtree City Planning Commission Monday voted down a request for a recommended approval to “reaffirm” two large-scale annexations that were adopted by the city council in 2007.

Both tracts of land are located north of the Centennial subdivision and would be reached via an extension of MacDuff Parkway that will link with Old Senoia Road.

John Wieland Homes owns a 379-acre parcel that was approved in May 2007 for 475 units under an R-70 zoning. Brent West Village owns a 403-acre tract that was zoned for an age-restricted development for adults ages 55 and over with up to 650 residential units including up to 539 single family detached units and 111 courtyard units.

Representatives of both companies asked for the “reaffirmation” of the annexations in hopes of rendering moot a lawsuit challenging the annexations filed by Peachtree City resident and attorney David Worley.

The Georgia Court of Appeals has agreed to hear Worley’s case, meaning it could take another year or more before the legal action is finalized, the attorneys said.

Meanwhile, the developers would like to begin building the MacDuff Parkway extension, but they cannot gain financing to do so until the legal issue has been settled, said developer Bob Rolader.

City Planner David Rast noted that in his 12 years with the city, the city has never “reaffirmed” an annexation.

A motion to approve the request failed 4-1 in large part because of concerns the vote would cheapen the city’s initial vote to annex the properties. Commissioner Lynda Wojcik said she was voting against the request because she thinks many city residents opposed the annexation at the time it was approved by council.

The commission did approve a request from Brent West Village to allow a 10-foot strip of land to be de-annexed so it would connect two parcels contiguous to its annexed property. That legal maneuver was undertaken to avoid running afoul of a state law that forbids annexations from creating islands of unincorporated land.

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