The Peachtree

City Council appropriately handled the Wal-Mart concept plan appeal instead

of remanding it back to the Planning Commission, according to City Attorney

Rick Lindsey.

In a letter

to City Manager Jim Basinger last week, Lindsey said council had the authority

to act on the appeal from Ram Development. He also noted that council

was required to hear the appeal based on the city's development ordinances.

"In summary,

the Wal-Mart appeal was handled appropriately according to our ordinances

and, thus, the decision of the City Council was legal and binding,"

Lindsey wrote.

Council approved

the concept plan for the Wal-Mart Superstore at its Nov. 2 meeting despite

a recommendation from the Planning Commission to deny it. Council members

Dan Tennant and Annie McMenamin opposed the motion to approve the concept

plan, which drew favorable votes from council members Robert Brooks, Carol

Fritz and Mayor Bob Lenox.

Additions to

the list of traffic improvements promised by the developer,which were

announced at the meeting, were cited by Lenox as the chief factor for

approving the plan.

Planning Commissioner

Robert Ames had questioned whether the concept plan should have been sent

back to the Planning Commission for review since the list of traffic improvements

was changed.

In Lindsey's

letter to Basinger, the attorney said the city's traffic impact ordinance

does not address or prohibit the amendment of the traffic mitigation plan

while the appeal is pending.

"Thus,

Ram Development did not act illegally in modifying the plan," Lindsey

wrote.

Council could

have approved the traffic mitigation plan and sent the concept site plan

back to the Planing Commission, Lindsey said in the letter. However, council

was not required to do so, he added.

Since the appeal

was brought by RAM Development, council was required to hear the appeal,

Lindsey added.

Originally,

the city's traffic consulting firm, Dames and Moore, had indicated that

the traffic improvement plan for Wal-Mart would not meet the requirements

of the city's traffic ordinance.

But during

the Wal-Mart appeal hearing, Lenox said one newly proposed improvement

made the difference in changing the consultant's mind: a through lane

for westbound traffic on Ga. Highway 54. That lane would allow vehicles

to continually pass through the intersection at Huddleston Road without

stopping.

The through

lane would be positioned next to another westbound lane which would contain

traffic that turns onto Hwy. 54 from Huddleston Road. Those two lanes

would eventually merge into one lane before the highway reaches the Coweta

County line.

The Wal-Mart

appeal drew a standing-room-only crowd to council chambers. Many residents

spoke against the project, citing safety problems that would be created