Gateway Development Corporation’s representative Troy Woodis returned to the Planning and Zoning (P&Z) Commission’s May meeting, bringing legal counsel Madison Haynes with him. Prior to Tuesday’s meeting a five-page legal brief had been delivered to the commission, arguing that the proposed site plan satisfied all requirements of multi-family dwellings, even with the new zoning ordinances. The brief cited case law in support of their argument.

    Gateway filed suit in Chancery Court to allow the development to continue under the old ordinances regarding multi-family dwellings. Gateway contends that the new ordinances were passed without proper public notice, and that the ordinances were passed to effectively bar Gateway from building the proposed affordable housing units. In February, Judge J. B. Cox refused to invalidate the new ordinance, leaving the lawsuit pending.

    Haynes addressed the commission, taking a new tack by calling the dwellings townhomes rather than apartments. She told the body that she had several attorneys review the ordinances, and they agreed that the site plan met all regulations. P&Z Chair Dexter Golden read aloud the definition of townhomes, and disagreed that the current site plan met those requirements.

    Haynes continued, asking repeatedly why the site plan did not meet specifications. It became a circular argument at that point, with Haynes repeatedly asking what was wrong with the plan, while at the same time acknowledging the difference in the parties’ interpretation of the ordinance regarding multi-family dwellings. Finally taking yet another tack, she then asked, “If we meet the book pending the interpretation of townhomes, then what’s wrong with this plan if we’re here to discuss it? What else is wrong with this plan that would make us not be entitled to be approved? And if it’s not this plan, then it’s who we are or who’s going to live there again.”

    Woodis then spoke up, saying that he felt the development had been mischaracterized as Section Eight housing, rather than affordable housing. “I also know that word on the street and in the papers is still that we’re a Section Eight developer, and everybody’s worried about us bringing Section Eight housing in here,” he declared. He further declared, “And we’re not a black eye developer, and I know that’s the street talk. And I know that’s what’s been printed. And, so, while we’re in here with, you know, everybody, I want you to know that’s not who we are.” He further defended Gateway’s reputation as a developer and a good community citizen, often donating to kids’ sports teams and similar community activities.

    The Gateway project is funded through the Low-Income Housing Tax Credit program, which gives developers tax credits rather than subsidizing renters’ monthly payments. The project does provide housing at below market rates, and does have income requirements.

    Editor’s Note: The Moore County News has never referred to the project as Section Eight housing at any time.

    Both Haynes and Woodis questioned why Gateway was not even allowed to apply for a permit, as application does not guarantee approval. County Mayor Sloan Stewart stepped up at that time and declared, “I did it. I denied the application.” He said he did it by his own authority, the Metro Charter. “My book comes before their book. I don’t look at the individual, I don’t look at the subdivision. I don’t look at the townhome. I look at what it’s going to cost us as a county,” he went on to explain. “When you talk about the book, my book’s in my office and it’s what I have to go by. They come under me. The charter is my Bible.” Stewart went on to explain that it is his job to protect Moore County’s citizens from growth so rapid that it overburdens infrastructure to the point that unreasonable tax increases would be required to support that growth.

    Overburdening the county’s infrastructure then became the topic of discussion. The water plant is at 75% capacity already, and the Retreat at Whiskey Creek is not yet on line. With a possible ninety plus units to be built, that would further burden the plant’s capacity. When a plant’s capacity hits 80%, the state requires the utility to put in place a ten-year plan to expand. While water department Manager Ronnie Cunningham said that an additional 42 dwellings would not tax the system, Chair Dexter Golden disagreed, pointing out that there have been 41 new homes built in the county this past year that require water, and the retreat is not the only concern.

    Moore County Highway Superintendent Shannon Cauble expressed concern that the increase in traffic on Main Street would top 30%. With the retreat and the housing project adding potentially over 130 new residences, that would overly stress county  services. “I am very concerned that we just don’t have the infrastructure,” she said.

    Moore County Volunteer Fire Chief Hunter Case added to the discussion, in terms of ISO ratings and water availability. Any engineering assessment of a new development would have to show that the system’s reserve capacity — above daily demand — could meet the required fire flow for that type of structure. Chair Golden added that the department is already short of personnel, and “We don’t have people knocking down the door at the volunteer service to help.”

    Haynes countered that having more families moving in would add to the tax roles to help support infrastructure. “That is the that’s how this works, right? It’s the budgeting. They pay water fees. They pay taxes. They pay their water bill. They pay their electric bill. They pay the property taxes that support schools.”

    Golden immediately countered, “I would encourage you or anybody else that believes that to call Rutherford County and see how much lower their taxes got with the growth.” In 2023, Rutherford County residents were hit with a 16% tax increase to cover a $64 million budget shortfall, caused by the explosive growth the county has seen in just a few years.

    County Attorney Bill Rieder weighed in that no further progress could be made until the townhouse definition dispute is settled. If the commission’s definition proves out, then Gateway’s plan is not compliant as is. Attorney Haynes ended Gateway’s discussion by saying that they will either file an application for a building permit with the Metro Planning Office or appear at the June meeting.

    Meanwhile, the lawsuit is still pending.