Peachtree City's attempt

to regulate "big box" retail stores has hit a slight snag.

City officials have created a draft amendment to the zoning ordinance

that would require retail centers with big box stores to meet a

list of special conditions, such as development of plans for traffic

management and water management.

But the proposed amendment is too vague, argued attorney Doug Dillard,

who represented Pathway Communities in speaking out against the

ordinance at Monday's meeting of the Peachtree City Planning Commission.

The city's version of the amendment would limit retail stores to

90,000 square feet in size if the property is zoned general commercial.

But local resident Steve Brown presented a proposal to the commission

that allows for the maximum size limit to grow incrementally on

a yearly basis. Brown suggested that the city set the size limit

using the average square footage of all new commercial developments

from the previous five years. That average could be multiplied by

a projected growth percentage decided upon by the City Council,

according to Brown's

theory.

"It wouldn't cap growth, but it would allow growth on a timetable

the city can make adjustments to," Brown told the commission.

Dillard objected to the city's version of the proposed zoning amendment.

He said the ordinance didn't outline what the problem is with big

box stores.

"What detriment does it have on public safety and welfare?"

Dillard asked the commission rhetorically.

Dillard also said the ordinance is vague in a number of ways; for

example, in the language that requires a large store "to provide

enforceable assurances to the city attorney" that it won't

leave the space vacant if it moves out at any time.

"Does this mean covenants, or will it require bonds?"

Dillard asked.

With the city's version of the ordinance asking the developers to

address traffic concerns, Dillard reminded the commission that case

law forbids a development from being turned down for traffic considerations

alone.

"I think you have run afoul of specificity," Dillard said.

"Are we trying to eliminate certain types of businesses from

coming to Peachtree City? If it is, gentlemen, you can't do that."

City Attorney Rick Lindsey said Dillard's comments should be tended

to by reevaluating the proposed ordinance. Meanwhile, the Planning

Commission debated briefly whether the ordinance is needed, since

there are few sites left in Peachtree City where a big box store

could locate.

Eventually, the commission asked staff to rework the ordinance and

present the results at its next meeting, which is slated for Monday,

Oct. 11. Jim Williams, the city's director of developmental services,

said the incremental increase proposal from Brown would require

some study.

"The majority of people in Peachtree City moved here to get

away from that," commissioner Jim Finney said, referring to

massive retail developments in neighboring counties that have sprung

up.

Williams said Peachtree City has apparently hit the population figure

that has caused "the marketeers" to want to locate stores

there. In addition to the Home Depot store planned for Peachtree

City, Wal-Mart might also soon be coming to town if it can resolve

issues regarding the traffic it would create.