The Peachtree

City Planning Commission has approved a rezoning for the 399-unit Summit

Apartments complex, wrapping up an agreement reached to settle a lawsuit

over the 38-acre tract of land.

City Planner

David Rast told the commission at its meeting Monday night that the rezoning

was required by a settlement agreement that ended that lawsuit. That agreement

calls for the land to be rezoned from general commercial to general residential-15,

allowing a maximum of 15 units per acre.

The commission

unanimously approved the rezoning, which was recommended by city staff.

"The project

conforms to the agreement," Rast said.

In years past,

the city had allowed for residential development on land zoned for general

commercial. But that loophole was eventually closed, and the lawsuit was

filed by CR Partners so the apartment complex could be developed.

The apartments

are already under construction by Summit Realty Company.