Maggie aldermen oppose bill that would slash local control over development
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May 7—MAGGIE VALLEY — A bi-partisan bill swiftly making its way through the General Assembly that would allow developers to sue individual local officials for zoning decisions and eliminate density and minimum lot size requirements has drawn the opposition of the Maggie Valley Board of Alderman.
So much so that the board of alderman voted 3-1 to pass a resolution opposing the legislation just 90 minutes before a key House committee was set to debate the issue Tuesday afternoon.
House Bill 765 would make major changes to zoning and land use regulations that opponents say would take the development decision making powers way from local governments. Proponents of the bill say that the legislation will make it easy for people to gain affordable housing.
"Provisions within this legislation would be contrary to the will of the vast majority of Maggie Valley residents and would severely diminish or eliminate the ability of local government to determine what is best for its community or even allow community input or involvement in the decision-making process," part of the resolution reads.
Mayor Mike Eveland and Aldermen John Hinton and Jim Owens supported the resolution that opposes the bill. Alderman Phillip Wight voted against it. Alderman Tim Wise did not attend Tuesday's meeting, but Owens told the board that Wise was 100% in support of the resolution.
Maggie Valley Planning Director Sam Cullen told aldermen Tuesday morning that the proposed legislation would take away the town's ability to have minimum density and lot size requirements. The bill also would eliminate design standards, vegetation buffer requirements and parking, street design and setback standards.
"There is a ton in the bill," Cullen said. "This bill would take the say away from the local board and give it to the state."
As currently written, the legislation would also open up local elected officials and volunteer planning board and zoning board officials to personal legal liability for the zoning decisions they make.
"In other words, if you make a decision on a development approval, the aggrieved party will sue you (aldermen) and not the town of Maggie Valley," Cullen said.
Alderman John Hinton voiced strong opposition to the legislation saying, "this is not the direction we want to head." He called the provision opening up individual alderman and planning and zoning board members to civil liability "crazy."
"We sure don't need civil liabilities on us," Hinton said. "Who are you going to get to run?"
State Rep. Jeff Zenger, R-Forsyth, told the House Housing and Development Committee on Tuesday afternoon that the bill is designed to make housing more affordable for first-time homebuyers.
"Home ownership is supposed to be the first rung of economic success in this country," Zenger said. "We've got it now where you have to start off on the fourth rung. Go home and put a ladder up and try and start on the fourth rung. It is very, very difficult."
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