Chip Hayes, developer of Retreat at Whiskey Creek, appeared at the April Planning and Zoning (P&Z) Commission meeting, along with attorney Madison Haynes. At issue is the commission’s approval for Phase 2 of the retreat’s development. A preliminary plan was submitted to the commission in July 2025, and was tabled at the August meeting. It was decided by the Metro Council the infrastructure for Phase 1 had to be 70% complete before approval of Phase 2 would be addressed. According to Hayes, it is approximately 50% complete. Chair Dexter Golden said that issues could be discussed, but there would be no vote on the plan.

Attorney Haynes pointed out to the commission a state law that ordinances in effect at the time of submission would be applicable to the Phase 2 project, even though those ordinances had been changed after the plan was first submitted. Haynes expressed that she had spoken at length with County Attorney Bill Rieder about the issue, after appearing before the Board of Zoning Appeals (BZA). The appearance before BZA was to clarify what constitutes square footage of a house. That is determined by the area that is heated and cooled, and does not count porches or decks. The commission will have County Attorney Rieder draw up verbiage to clarify the issue, and send it on to Metro Council for approval.

The tiny homes in the development cannot be any larger than 799 square feet. Should there be any addition of porches or decks, the total footprint of the dwelling may not take up any more than 20% of the total lot size. Golden was concerned that due to the small lot size and required setbacks, the total footprint could end up being over the 20%. Hayes replied that they would not.

Another issue is access to a public road. The development is a subdivision, and therefore must meet county ordinances for a subdivision. One requirement is that the access to a public road or easement must be 30 feet wide. Presently, the only access to the development is a one lane bridge. Another requirement is that any bridge must be state certified, and have a letter of insurance. Hayes states that the bridge is certified, but has not provided proof of that to P&Z. Yet another requirement is that roads must be paved and curbed.

Golden stressed that P&Z was “not here to stop development,” but it is their responsibility to assure that county ordinances are followed. He pointed out that for Phase 2, the flood zone needs to be marked on the preliminary plan as well as public access, performance bonds need to be in place, and a letter of insurance needs to be provided, along with state certification of any bridge.

There is also an issue with storm water runoff , as more ground has been opened up. TDEC has inspected the site and made recommendations that need to be resolved. Golden pointed out that the subdivision regulations were in place years before the Phase 1 site plans were submitted. Hayes reiterated that he was not told of the regulations for subdivisions. He, on the other hand, even as a developer, never requested regulations or ordinances.

Attorney Haynes did most of the talking for Hayes, and referenced speaking with County Attorney Bill Rieder regarding several issues. Scott Fruehauf pointed out that there were issues being discussed by the attorneys that had not yet been brought before the commission. Haynes did not respond directly to that comment.

The commissioners then discussed having County attorney Rieder draft a cease and desist letter, as well as a stop work order. A vote was taken, and it passed. These will be used going forward for any projects that go outside of es- tablished parameters.

Before adjourning the meeting, Golden asked that members consider commercial windmills, and whether the county would want to put a moratorium in place to prohibit them within Moore County. He advised that state Senator Janice Bowling has information regarding the restrictions the state has put in place regarding windmills. The issue will be further discussed at next meeting.