Peachtree City United

Methodist Church can now build its new campus with no

restriction on how much of the property can be used,

other than ordinary buffers and setback requirements.

The church cleared a hurdle

previously imposed by the Planning Commission when the

City Council reversed the only condition that the

commission had placed on its conceptual site plan

approval.

Under review was the

Planning Commission's stipulation that about 25 acres,

about 40 percent, of the church's proposed 63-acre new

campus be designated as permanent open space. Attorneys

for both the church and the city agreed that the

restriction was not proper.

Atlanta attorney Patrick

McKee, representing the church, raised three points

concerning the stipulation - it was unreasonable,

the Planning Commission lacked the authority to impose it

and it was likely unconstitutional on a state and federal

level.

While the church cannot

specifically predict every single thing it would do with

the property over the next 50 years, McKee maintained

that there would be no "sleight of hand," but

the church would come before the city for approval each

step of the way.

Many residents living

around the proposed tract, which sits at the corner of

Robinson Road and Old Stagecoach Road, have expressed

their fears that if the church's proposal was not reined

in, a "megachurch" complex with lighted

athletic fields and other outdoor facilities would be in

use at virtually all hours.

"`Permanent' is a long

time," said McKee of the open space requirement.

"Forty percent of the property is just too

much."

But the city's director of

developmental services, Jim Williams, recommended denial

of the appeal, saying that at this stage it was

"unnecessary" and "inappropriate."

McKee countered that the appeal was in perfect order, as

a city ordinance requires that it be filed at least five

days before the hearing.

In a most unique turn of

events, a second "appeal" was discussed at the

meeting, as nearby resident Randy Hough asked the council

to overturn the entire decision by the Planning

Commission and send the church back to square one.

Although it was determined that Hough had not met the

requirement that appeals be filed within five days of the

original decision, McKee said that the church had no

objections to hearing Hough's appeal.

That was heard after the

council voted to remove the open space stipulation, the

only one of 11 conditions set by the Planning Commission

that the church took issue with. City attorney Jim Webb

said that it was "probably an invalid restriction

and taking of the church's property."

There was some concern

among council members that a hearing on Hough's appeal

would not be permitted under the new open meetings law,

since the church was not aware of it before the meeting.

But when the church said it would not object, that became

moot.

Hough said he believes the

church was approved automatically because it is a church,

and that many of its intended projects on the proposed

property are not in line with what a church should be.

Under Peachtree City's ordinances, a church is considered

a conditional use and is allowed in any zoning

classification.

Webb said that in his legal

opinion, Hough would have to prove that the applicant is

not a church, and he did not do that. He recommended that

Hough's appeal be denied, and it was, by a unanimous

vote.

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