When the
subject of spending Peachtree City money for preliminary
design work on the northwest corner of Ga. Highway 54 and
Walt Banks Road came up at the July 1 City Council
meeting, some council members wondered if it was worth
the effort.
Mayor Bob
Lenox is proceeding with the acquisition of such a plan,
city spokesperson Betsy Tyler said Tuesday. Although
Lenox can spend the suggested $7,000 without City Council
approval, he wished to bring it before that body for
discussion and, hopefully, come to a consensus on it.
Recent
meetings among land owners and potential developers at
the site have left a sour taste in some mouths,
specifically Councilwoman Annie McMenamin.
"I'm
starting to think the city's playing by itself
here," she said. "We will just be wasting
money."
She said
that Bill Lassiter, who owns 33 of the 73 acres on the
overall tract, has shown almost no desire to compromise
on any aspect of the project.
Lassiter's
attorney, Doug Dillard, had said at the June 24 meeting
of the "task force" that he had been instructed
not to come to any more of the meetings because of
Lassiter's displeasure at the idea of putting more
residential property into the tract and taking away some
of his office-institutional land.
Lassiter
himself has been out of the country during much of the
past month, making almost no contact with the city and
very little with his own attorney before Dillard's
statement.
"He
has turned his back on compromise," McMenamin said
of Lassiter. "He has a certain profit margin he will
not back away from."
Councilman
Jim Pace also was against spending the money, which was
suggested to be an amount not to exceed $7,000. But he
had a different reason than McMenamin.
"This
sets a very bad precedent, spending taxpayer money to
develop private property," said Pace. "It's the
developer's or land owner's responsibility."
Mayor Bob
Lenox replied that the city of Fayetteville had done the
same thing - developing a plan for a piece of
property and shopping the various parcels to developers
based on the approved plan. Lenox also pointed out that
whenever a developer spends his or her own money on a
plan, it will be to make the most money, not necessarily
to do what's best for the city.
He
reiterated what had been said several times in the past
month: Peachtree City has spent hundreds of thousands of
dollars over the years defending litigation concerning
this property, and it's time to spend a little money and
do something positive.
Pace said
that there are creative solutions that do not require
taxpayer money. He suggested looking to the experts at
Georgia Tech for help in developing a plan.
Lenox
suggested that time is of the essence. "If we let
the window of opportunity go, Dillard will file again for
rezoning," he said.
Dillard and
Lassiter can legally refile after six months have passed
since the previous application, which was denied in
January concerning the proposed Mews development.
At the June
24 meeting, Dillard said he would likely seek a reduction
in the buffer on Hwy. 54 from the 100-foot minimum now
stipulated to 60 feet, which is what the city ordinance
requires. He will also ask for a right-in/right-out
access drive from the highway onto the property.
Of
particular concern to the city is the fact that Lassiter
can now develop the property commercially, with the
current zonings and the current restrictions, into
something profitable to him that may or may not be in the
city's best interests.
There was
speculation that if the city denied the new rezoning
request, the matter would be hauled right back into
court.
Councilman
Robert Brooks asked if the stipulations Dillard wished to
change were not in the settlement agreement, and if he
had any grounds to challenge what had previously been
agreed to in court.
City
attorney Rick Lindsey said that the restrictions were
part of the settlement agreement. "That's our best
defense" in litigation, he said.
As for the
$7,000 to be spent on a design plan, it was pointed out
several times that although Lenox presented it to the
City Council for consideration, he did not have to. City
ordinances allow him to spend that much without any City
Council approval.
Also, two
other people who control portions of the property -
Paul Heard and Bob Adams - have expressed an
interest in developing a master plan and possibly
contributing financially to get it done.
Adams
recently had 20 acres rezoned for a cluster-home
community at the northernmost end of the tract.
Lenox
stressed that any potential disagreements about the use
of the property could possibly be ironed out with a
master plan, but it would be more difficult to agree on
anything without a tangible plan to look at.
Lindsey
suggested that the city do what Lassiter has essentially
done, which is ask for a show of good faith on the other
side.
No action
was taken by the City Council on the matter. Lenox said
he would contact Lassiter and Dillard and then make a
decision.
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