Tyrone Planning Commission April 26 gave its approval of the site plans for three lots in the Market Hill commercial development at Dogwood Trail and Ga. Highway 74 contingent on the builder’s compliance with a 2003 ordinance referencing vehicular access to the property.

Planning commissioners voted 3-0 to approve the proposal contingent on its compliance with the ordinance. Referencing the 30 lots slated for construction, Ordinance 440-A states that construction could commence and be completed on only 15 of the 30 approved lots pending a resolution of the application for a curb cut into the development from Hwy. 74. An alternative to that curb cut would be construction of paved traffic lanes on the north and south sides of Dogwood Trail between Hwy. 74 and Greencastle Road. The issue surfaced during comments by Commissioner David Nebergall.

The sticking point arose over language in the ordinance that brought into question whether curb cut approval by Georgia Dept. of Transportation (DOT) would constitute a resolution in the case or whether construction of the curb cut must be completed prior to developing other lots beyond the 15 stated in the ordinance.

Best case interpretation, from the builder’s perspective, would be that plans for Lots 9, 10 and 20 can proceed since DOT has issued a permit for the curb cut. Worst case would mean constructing the curb cut prior to going ahead with plans for the three lots. Town attorney Brad Sears is expected to provide an opinion on the issue.

Town Manager Barry Amos recommended approval of the site plans, saying that he found no problems with the proposal. Responding to a question over the actual number of buildings on the property, Amos said Tuesday that 15 buildings have been built or are under construction.

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