Development march along J Creek raises hackles of rural residents

Oct. 14—Another potential development along Jonathan Creek moved one step closer to fruition this week despite public outcry over the loss of the community's rural character and fears of over-development.

The Maggie Valley Board of Aldermen voted Tuesday to bring a 42-acre tract into the town limits — paving the way for the developer to tap onto town sewer to serve over 150 homes.

The property, owned by Jack Leatherwood Jr. and Luanne Webb, was previously two separate tracts, but has been combined into one single parcel.

The tract lies four miles out Jonathan Creek from the intersection of Soco Road, flanking the back of Smoky Mountain Farmers Co-Op.

During a public hearing on whether to annex the tract into the town, Jonathan Creek residents voiced opposition to Maggie's growth spilling into their rural neck of the woods.

"J-Creek is one of the last vestiges of agriculture in this county," Ryan Manning said during a public hearing on the development. "This annexation will lead to the further fragmentation of that community, and it will be because you all chose to do that."

The contentious vote was 3-2, with town board members Tammy and Phillip Wight opposing the measure.

The development marks another step toward the shifting way of life for Jonathan Creek. Two other developments on Jonathan Creek would bring 71 homes to 22 acres and 92 housing units to another 22 acres.

"It seems like the leadership in this county and in the towns are hellbent on making Haywood County a continuous housing development," Haywood County Farm Bureau President Don Smart said. "I'm afraid folks, if you do this tonight, that what you do tonight will affect this county for a long time."

In addition to the loss of farm land, opponents cited the loss of scenic views impacting tourism, an increase in traffic and increased demands on the water supply. They also noted that these homes won't be affordable to locals.

"Part of the reason that the children never come back is that they can't afford to come back, and they can't afford to live here," Kate Ross said. "To me, it sounds like these houses don't address the issue of housing in our community. They are houses that will be targeted at people who, unlike me, can afford them."

Another sticking point for the residents of Jonathan Creek is that the fate of the community is being decided by the elected leaders of Maggie Valley — who those in J Creek can't vote for.

"Everyone else along J Creek has no say in what you do, because we have no right to vote for you," Bill Gotthelf said. "We're not in your area. In other words, we are being dumped on by people who we have no control over who sit in those seats."

Hands tied?

Despite the opposition, the three board members who voted in favor of the annexation felt no good would come from refusing to annex the property into the town limits. It wouldn't have stopped the development, but merely prevented the developer from tying into the town sewer and instead putting in septic tanks.

On one hand, the developer wouldn't be able to put in as many lots on septic — likely only about 100 compared to 150. On the other hand, by bringing the property into the town limits, the development will be subject to Maggie Valley development regulations.

"This is our first annexation in that area since the completion of the comprehensive land use plan," Town Planner Sam Cullen said. "The Town of Maggie Valley has the ability to annex property that willfully petitions down to I-40. It's also on our side of the annexation boundary agreement with the Town of Waynesville."

Only two members of the public speaking at the hearing before the Maggie town board last week supported annexation, including Mike Sorrells, who owns numerous businesses in the area.

"It would be nice to keep everything the way it is, but that's not what has happened. The whole valley has changed," he said. "We benefitted from the growth. There was a lot of people that moved in that bought homes and bought developments up on the mountains. We've prospered from it. Haywood County has prospered from it."

Sorrells also cited the property owner's right to sell their land, which he equated to a 401K.

Following any annexation, the town was required to assign the property a zoning designation, as all property within the town has to be zoned in some way. Zoning determines what can be done on a property. For residential zoning, it determines how densely the property can be developed and how many homes can be built per acre.

The tract ultimately received the highest density residential zoning designation possible in Maggie Valley — up to five homes per acre, known as R3.

The board voted 4-1 on the zoning matter, with Alderman Phillip Wight being the lone dissenter, to zone the property R3.

Smart spoke again during the portion of the public hearing on the zoning designation.

"I'm going to tell you this: you might as well pile them high and deep, folks," he said. "If you're going to go to hell, go in style."

The R3 zoning designation followed the recommendation from the town planning board, which cited the designation as being in keeping with the town's land-use plan.

Next up for the property will be a hearing for conditional zoning. Conditional zoning allows changes to be made to the cookie-cutter zoning that has already been applied. This can includes adjustments to density, changes to the building setbacks or requirements for certain types of infrastructure.

It is also when developers are required to provide a detailed site plan. The town has an opportunity at this juncture to impose additional requirements and tweak the standards to fit the proposal.

A public hearing on the conditional zoning of the property will be next on the agenda for the project with that coming in November. During that hearing, the board and citizens will hear more detailed plans on what is to come on the property.