Metro Council advances subdivision pause, zoning changes

DUANE CROSS
MCO Publisher•Editor

Moore County isn't ready to close the door on residential development, but the Metro Council wants a chance to check the foundation before more houses go up.

The council approved the first reading of a proposed one-year moratorium on major and minor residential subdivisions Monday, Oct. 19, advancing a measure intended to give county officials time to update development regulations and determine whether local infrastructure can handle additional growth.

Council members also advanced a zoning amendment that would formally allow mobile home parks in R-2 residential districts under certain conditions, addressing a gap in the county's existing regulations.

Neither measure takes effect immediately. Both require public hearings and final approval, with those decisions now expected in December.

The meeting also included another round of debate over Joe Denby's Tanyard Hill subdivision, a proposed $1 million waterline replacement project, and several other zoning decisions.

Subdivision moratorium moves forward

The proposed moratorium would last one year and apply to major and minor subdivisions involving residential development, including single-family homes, townhomes, duplexes, and apartments.

Under Moore County's subdivision definitions, four lots constitute a minor subdivision, while five or more qualify as a major subdivision.

The measure would amend Article III of the county's zoning resolution by adding Section 3.113.

The proposed language calls for suspending the "acceptance, processing, consideration, and approval of applications" for major and minor residential subdivisions, along with the issuance of associated permits.

The restriction would take effect when the moratorium does, following final approval. From that point forward, the county would be prohibited from accepting, processing, considering, or approving covered residential subdivision applications unless an exemption is granted.

The proposed language does not automatically exempt applications already under review. However, the resolution would allow exceptions expressly authorized by the Metro Council.

Planning and Zoning Chairman Dexter Golden explained that the moratorium is intended to give county officials time to straighten out existing regulations and prepare for future development.

"We would put a one-year hold on it until we get our books, if you will, cleaned up, straightened up," Golden said.

The county would use that time to update its Comprehensive Plan and development design standards, review zoning and subdivision requirements, and evaluate whether its infrastructure can support additional residential growth.

The proposed resolution specifically identifies transportation, water, wastewater, stormwater, public safety, sanitation, and schools as areas requiring review.

It also calls for assessing the effects of future development and adopting policies that encourage "orderly, safe, and sustainable development."

Golden emphasized that the county might not need the entire year. "It doesn't have to go the full year," he said.

Golden said the council could consider ending the moratorium before the year expires if officials complete their work sooner, although the proposed resolution does not expressly spell out that procedure.

That flexibility was part of the Planning and Zoning Commission's earlier discussions, where members worked to refine the proposal without bringing all development to a standstill.

Golden said the intent was never to prevent someone from opening or expanding a business. "We didn't want to stop growth in commercial, like somebody trying to start a business in the county," he said.

The proposed moratorium targets residential subdivisions rather than commercial development. Its restrictions would apply to covered residential projects regardless of whether they involve single-family houses or multifamily housing.

Legal advice pushes final vote to December

Although the council was prepared to advance the moratorium Monday, advice from Moore County Attorney Bill Rieder changed the timetable for final consideration.

Because the measure would alter how the county accepts and processes development applications, Rieder recommended treating it as an amendment to the zoning ordinance.

That would require two readings, public notice, and a public hearing.

Rieder warned that adopting the restriction without following those procedures could leave the county vulnerable to a legal challenge. "I think you could face a court challenge and it would be difficult to prevail," he said.

The discussion then turned to the 21-day public notice requirement and whether the county could satisfy that obligation before the next regular council meeting Nov. 16.

Members determined that the safer approach would be to schedule the public hearing and second reading in December.

Until then, the county's existing subdivision approval procedures remain in place.

Mobile home parks finally find a place in zoning rules

The council's next action addressed a different gap in Moore County's zoning regulations – where mobile home parks belong.

Another proposed ordinance would amend Article V, Section 5.044, of Moore County's zoning ordinance, adding mobile home parks to the list of special exceptions allowed in R-2 Residential District – Rural Center zoning.

Golden explained that the issue was not the absence of development standards for mobile home parks. Those requirements already exist in the county's regulations.

The problem was that the zoning ordinance did not clearly establish a district where mobile home parks could be permitted. "They actually did not necessarily have a home in the zoning," Golden said.

The proposed amendment would address that problem by placing them in R-2, where much of the county's residential development is expected to occur.

The change would not give developers automatic permission to establish a mobile home park on any R-2 property. Instead, mobile home parks would be permitted as a special exception, requiring approval from the Metro Board of Zoning Appeals.

Developers would also remain subject to the county's existing mobile home park development standards under Article IV, Section 4.120.

During discussion, council members identified minor wording changes and questioned existing front-yard setback requirements.

Those standards call for minimum depths of 30 feet for residential uses and 20 feet for nonresidential uses. Officials explained that the setback requirements were already included in the zoning regulations and were not being newly established.

Like the subdivision moratorium, the mobile home amendment must undergo public notice and a hearing before the council can consider final approval.

That process also is expected to conclude in December.

Denby's Tanyard Hill project returns

The council also revisited a residential development proposal that has generated considerable discussion over the past several months.

Joe Denby is seeking to rezone property at 3152 Tanyard Hill Road from A-1 agricultural to R-2 residential, allowing the development of smaller residential lots.

The proposal has previously failed to gain final council approval, prompting Denby to return to the Planning and Zoning Commission with revisions.

Speaking during public comment, Denby defended his project and pushed back against concerns that he was attempting to bring excessive development to Moore County. "I've only built 15 houses in Lynchburg in 17 years, so it's not like I'm coming down here to try to destroy Lynchburg," he said.

The latest proposal includes three changes intended to address earlier concerns.

A visual easement on Lot 3 was increased by 5 feet to improve safety, while the ingress, egress, and utility easement serving Lot 6 was extended by more than 50 feet to provide additional flexibility for access.

The third change would prohibit further development of Lot 8 for three years following approval of the subdivision plat.

Denby said the larger tract at the rear of the property is not particularly suitable for residential construction because of its terrain.

Council members questioned whether the changes were substantial enough to justify another consideration of the rezoning. They also revisited earlier concerns about driveway safety and the distinction between agricultural and residential lot-size requirements.

Under A-1 zoning, the minimum lot size is generally five acres. R-2 zoning allows lots as small as one acre.

Following discussion, the council approved the rezoning on first reading by an 11-2 vote.

Voting in favor were Regina Adcock, Peggy Sue Blackburn, Arvis Bobo, Robert Bracewell, Amy Cashion, Bradley Dye, Jayson Estfon, Dexter Golden, Brady Goodwin, Brandon Ross, and Shane Taylor.

Sunny Rae Moorehead and John Oosting voted against the rezoning. Douglas Carson and Payton Keller were absent from Monday's meeting.

The rezoning is expected to return for second reading Nov. 16.

• The council also approved the first reading of a separate A-1 to R-2 rezoning request for property at 2670 Flat Creek Highway, owned by Weaver Land and Cattle.

• Two other rezoning requests received final approval: property at 30 Arbor Lane, owned by Michael Williamson, from C-1 to R-2, and property at 969 Preston Ridge Road, owned by Jeffrey Bowen, from A-1 to R-2.

Utility department seeks $1 million for aging waterlines

Moore County's aging water infrastructure also received considerable attention Monday, with council members voting 12-1 to advance a $1 million loan proposal for waterline replacements.

The Metro Utility Department wants to replace deteriorating galvanized pipes, including older two-inch waterlines in and around Lynchburg. Many of those pipes have developed underground leaks that are difficult to locate because the water never reaches the surface.

The project would target lines in areas including Chapman Acres and along Main Street, replacing smaller pipes with four-inch and six-inch lines.

Replacing the old pipes could help the department recover water it's already treating and pumping but losing before it reaches customers.

Metro Utility Department Manager Ronnie Cunningham estimated Moore County's systemwide water loss at approximately 31%, although the proposed project would address only part of the aging network.

The proposed financing would operate much like a line of credit. The utility department would borrow what it needs, up to $1 million, rather than automatically spending the entire amount. Repayment would come from water system revenue, with the Metro government backing the debt.

Council members pressed Cunningham about the project's scope, bidding process, anticipated savings, and whether water customers could expect higher bills. "We ain't raising the water price at all," he said.

Cunningham acknowledged that the department has not completed an analysis quantifying the financial savings expected from the project.

The loan proposal passed its initial reading with support from Regina Adcock, Peggy Sue Blackburn, Arvis Bobo, Robert Bracewell, Amy Cashion, Bradley Dye, Jayson Estfon, Dexter Golden, Brady Goodwin, John Oosting, Brandon Ross, and Shane Taylor.

Sunny Rae Moorehead cast the lone opposing vote.

The Metro Council will hold public hearings at 6:20 p.m. Monday, Nov. 16, including discussions of Denby's proposed rezoning and the utility department's $1 million loan. The council's regular meeting begins at 6:30 p.m.

Both measures are expected to return for final consideration that evening.

Other council business

• The council also approved committee assignments for 2026-27, with members discussing a greater role for committees in reviewing policies and proposals before they reach the full council.

• Members approved several Metro Moore Sheriff's Department vehicles for surplus, including a 2021 Dodge Charger with approximately 105,000 miles. District 1 council member Shane Taylor, who is also chief deputy with the department, explained that selling the vehicle while it still retains resale value could help fund a more useful patrol vehicle.

• The council amended its debt management policy to address updated state requirements involving higher-risk debt financing.

• Members also OK'd the Oak Barrel Half Marathon scheduled for April 3, 2027.

• Notary public appointments for Angie Pierce and Amanda Sabin also received approval.

The council returns Nov. 16 to consider Denby's rezoning, the utility department loan, and other unfinished business. The larger questions – whether to pause residential subdivisions and where mobile home parks belong under county zoning rules – will have to wait until Dec. 21.