Forest Hills enacts moratorium on building permits for ETJ property

By Rose Hooper

Hooper made these statements during a Forest Hills public hearing Monday to take comments on a proposed six-month moratorium on building permits in the village's recently acquired ETJ.

"Forest Hills isn't even a town," he said, addressing the village board as the only speaker during the hearing. "You are just a subdivision."

Although they chose not to speak, several other residents were present for the hearing, which was followed by a unanimous board vote to impose the moratorium.

A Forest Hills property owner who currently lives in Sevierville, Tenn., Hooper told the board, "I just wanted to show my presence tonight and to go on record opposed to the building permit moratorium."

Hooper recently announced plans to build a 13-acre development called Cox Center. Adjoining N.C. 107 and North Country Club Drive, the development would include a hotel and conference center, apartments and condominiums, a restaurant and gas-grocery complex.

"If you plan to act like a town, you will need developments like mine ­ ones that are planned in good taste and pleasing to the residents," Hooper said. "If you flex your muscles to restrain properties, you could restrict development, and that's a disservice to the county.

"This moratorium is just another step to make it difficult for property owners to go on about their business," he said.

A citizen's right to use his land should not be imposed upon by a subdivision, Hooper insisted, saying that such a move would violate his constitutional rights.

"From a timing standpoint, I don't know how this moratorium will affect our plans," said Hooper, who indicated he'll continue with his project. "It's a good thing my livelihood doesn't depend on this development."

Former Mayor Irene Hooper asked the board if a six-month suspension of activity was necessary. Perhaps three months, or maybe none, was needed, she said.

Mayor Jim Davis stated that the board, in choosing the six-month time frame, was acting on advice from the N.C. League of Municipalities.

Board member Jim Wallace, who made the motion in favor of the moratorium, cautioned that plans to be developed during the next six months should not be rushed.

"It took us six months when we set up zoning for the village. Those of us who have lived here 20 or 30 years and bought in as a residential community, we need to be considered, too," Wallace said. "We need to develop something where all of us can come out shaking hands."

In answer to a question about the moratorium's affecting only the ETJ, Wallace said the village already has zoning regulations in place; therefore, the remainder of Forest Hills will not be governed by the moratorium.

Davis told Hooper he understood the developer's viewpoint.

"We are not taking a stand here," Davis said. "We have to look at many viewpoints; we are not close-minded ­ we have to consider everybody's point of view and weigh the evidence."

The mayor urged Hooper to attend meetings of the planning board, the governing group that will recommend to the village council how the new ETJ area should be zoned.

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