Ban lifted, but special Council approval now necessary

Despite lifting its previous ban on “big box” stores larger than 32,000 sq. ft., Peachtree City is strengthening its ability to fend off legal challenges over such stores, officials said.

The City Council voted last week to adopt a new stringent process for evaluating development applications for big box stores. The new ordinance allows council leeway to say “no” to big box stores even if the developer agrees to put in enough infrastructure and landscaping to minimize the impact of the store.

“Even if they meet certain criteria, council still can, based on the standards, turn them down,” said City Attorney Ted Meeker.

The previous ban on big box stores left the city more susceptible to a legal challenge, Meeker said. That became clear during the legal battle over the Target store that is now under construction at the Kedron Village shopping center, Meeker said.

The lawsuit was eventually settled but not after Target developers clashed with the City Council over several design elements of the site plan.

Under the new big box rules, the developer would not have a right to build a store of 32,000 sq. ft. or larger, even in a general commercial district. Instead, if the council denies the “special use permit” the developer’s only remedy is a lawsuit, which would be treated just as any other traditional zoning matter, Meeker said.

The new Best Buy off Ga. Highway 54 near Huddleston Road is roughly 30,000 sq. ft. in size, providing a pretty good estimate of how big things can get without the new special use permit. The new regulations are similar to the old Big Box rules in that they also apply to developments with retail stores totaling more than 150,000 sq. ft. in size.

Under the new ordinance, big box developers would be required to file a detailed application for special use permits, which would include:

‰ The traffic impact of the development and proposed improvements to transportation infrastructure;

‰ A traffic impact analysis, the boundaries of which would be determined by the city engineer and the city’s traffic consultant;

‰ How open space — and natural vegetation along roads and property boundaries — could be preserved;

‰ How crime prevention concepts are incorporated into the site and building designs;

‰ Proposed use and impact on public facilities;

‰ Mitigation of impacts on neighboring properties, including landscaping and screening.

‰ Building architecture, signs, landscaping and lighting.

The developer must insure that the development will conform with the city’s comprehensive plan, be compatible with “surrounding land uses and overall character of the community” and protection of the “public interest and general welfare.”

Meeker said the city’s rationale for restricting the use of big box stores was also beefed up in the ordinance thanks to input from a Georgia Tech professor who performed a study that shows why they aren’t a good fit in Peachtree City.

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