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County cannot prevent commercial development by Capshaw neighborhood

By Holly Hollman 340-2445

ATHENS — Despite residents' concerns about traffic flow at a proposed commercial site in Capshaw, the county cannot prevent a developer from using a public road as an entrance.

An attorney told the Limestone County Commission on Monday that it cannot deny access to any public road.

The development, called Capshaw Merchant Village, is planned for seven acres on Capshaw Road east of East Limestone Road. The lot now serves as a wooded buffer for Foxridge Subdivision.

Commercial traffic

One lot would face Doe Run and could have commercial traffic traveling through the subdivision to enter and exit a business.

Foxridge resident John Bernhard asked the commission to again delay taking action on the development. He said residents want to meet with the commission, property owner and developer.

"We held up voting on it to get the attorney's opinion on the driveway, and that's as much as we can do," said Commission Chairman David Seibert. "Legally, we have to act. We cannot keep holding it up because someone is unhappy with that."

No zoning restrictions

The county does not have zoning restrictions. He said there was a vote in 2004 to give the county limited home rule authority, and 63 percent of residents voted against it.

The commission gave the commercial development preliminary and final approval. Commissioner Gerald Barksdale, who represents the Capshaw area, was not at the meeting.

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