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From YouTube: BOA111722
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B
Good
afternoon
welcome
to
order
this
is
the
November
regular
Board
of
adjustment,
meeting
we'll
call
to
order
and
welcome
board
members,
we'll
start
with
announcements,
anything
from
staff
to
start.
C
Does
anyone
else
have
anything
all
right?
I'm,
just
gonna
make
a
comment
to
the
public
here,
just
in
case.
If
anyone
needs
to
use
the
restroom,
when
you
exit
these
double
doors,
you
take
an
immediate
left
and
you
you
loop
around
to
the
right
and
go
through
all
the
doors
and
it's
on
your
right,
but
you
can't
go
back
through
the
door,
so
you
have
to
make
a
whole
loop
back
the
way
past
the
elevator
and
come
back
and
that's
it
and
that's
all
I
have.
B
B
Nothing
yet:
okay,
move
it
to
disclosure
of
export,
Tech,
Communications
or
conflicts
of
interest,
we'll
move
starting
with
Carol
around
the
board
and
see
if
anybody
has
any
conflicts
to
disclose
today,
then
over
here.
G
I
have
a
conflict
on
the
second
application:
cbh
2200029
I
work
with
the
current
property
owners.
Wonderful.
B
C
Yes,
the
meeting
begins
for
August
and
September,
which
were
sent
for
review
August.
B
H
H
H
View
of
zph
2022-00026,
the
Pleasant
Grove
special
use
permit.
The
applicant
is
David
luck
of
Pleasant
Grove
of
wnc.
Llc
owners
are
Daryl,
Bruce
Frank
and
the
estate
of
Robert
David
Brank
and
the
properties
located
at
9,
Pleasant,
Grove
Road
and
an
unaddressed
portion
off
of
Reems
Creek
Road.
It's
approximately
6.7,
total
Acres
it'll
be
served
by
public
water
and
sewer
with
a
public
extension
and
is
zoned
R3
with
areas
in
the
flood
plain.
H
The
special
use
permit
is
for
40
residential
single-family
townhomes
and
through
the
Pud
process,
the
applicant
is
requesting
a
deviation
for
interior
setbacks
to
be
waived
for
the
attached
Townhomes,
a
reduction
of
the
minimum
lot
sizes
in
order
to
subdivide
And
to
clarify
the
structures,
do
meet
the
20-foot
distance
between
blocks
of
units
and,
if
approved
by
the
board
staff,
recommends
the
following
conditions
of
approval,
which
I'll
summarize
ncdot
driveway
permit
will
be
required.
No
parking
signs
along
the
side
of
the
street
that
has
the
fire
hydrant.
H
B
B
C
Yes,
we
received
a
standing
application
from
Mr
John
shepowicz.
That's
me:
I
failed.
I
To
fill
out,
the
proper
form
I
was
just
seeking
to
be
a
witnessed.
B
B
J
J
Warren
Sugg
with
civil
Design
Concepts.
Thank
you
for
having
us
today
and
hearing
our
case.
J
J
Certainly
with
this
project,
one
of
the
conditions
I
heard
was
the
ncdot
driveway
permit
that
that
has
actually
already
been
submitted
to
ncdot
we're
waiting
any
comments
that
they
have
on
the
project,
anything
that
they
recommend
will.
Certainly,
you
know,
review
accordingly
and
make
any
changes
that
are
needed
to
meet
their
standards
for
for
driveway.
J
We
will
have
on-site
stormwater
to
meet
Buncombe
County
storm
water
regulations
as
well
as
Road
control,
Windstorm
control,
which
would
be
also
reviewed
by
Buncombe
County
I'm
available
for
any
questions.
It's
a
a
fairly
straightforward
project,
but
I
would
I'd
welcome
you
again,
you'd
like
to
ask
me
sure.
B
We'll
open
it
up
to
board
discussion
and
questions
for
Mr
Sugg,
please.
A
D
Regarding
looking
at
the
application
on
one
side,
there
seems
to
be
a
flood
plain
and
by
Reems
Creek
is:
are
you
planning
to
do
anything
about
Reems
Creek?
The
reason
why
I
asked
I
think
it
was
two
years
ago,
three
years
ago
there
was
a
flood
that
washed
out
one
of
the
bridges
to
a
Development.
I've
got
the
name
Ridge
something
so
are
you
taking
any
extra
steps
to
prevent
that
happening.
J
So
in
we
would
not
be
allowed
to
get
into
into
rheem's
Creek
and
make
any
kind
of
repairs
or
changes
to
it
without
core
and
dwq
approvals
and
there's
it's
a
whole
nother
sort
of
project.
That
is
not
anything
that
we're
intending
to
do.
What
we
would
be
doing
is
handling
our
storm
water
on
site,
so
any
impervious
areas
that
are
increased
here
go
through
a
storm
water
control
measure.
Usually
those
are
buyer
ponds,
sometimes
wet
ponds,
sometimes
storm
techs,
depending
on
the
site
and
where
groundwater
is
as
well
as
fall.
J
J
G
Will
it
provide
any
amenities
for
for
tracked
one
the.
J
A
D
J
No
sir
I
can
let
County
staff
tell
you
where
those
thresholds
are,
but
this
Falls
significantly
below
thresholds
for
stormwater
or
for
traffic
impact
studies,
if
I'm
not
mistaken
at
75
units
and
above
is
a
traffic
impact.
So
this
is
roughly
half
that
foreign.
G
G
The
application
on
the
staff
report
I
see
that
there's
a
playground
noted.
Could
you
point
to
that
on
the
plan
so.
J
E
I
think
it's
a
it
looks
like
a
pretty
straightforward
project.
It
looks
like
a
good
plan.
It
you
know
it
got
the
storm
water,
you
got
the
playground,
you
know
it
has
all
the
elements
that
I
would
want
to
see
and
it
seems
like
it's
meeting
all
the
criteria.
J
B
I
know
further
questions
from
the
board.
Does
the
board
wish
to
hear
from
from
the
any
witness
today
or
any
series
of
witnesses.
B
Have
some
time
so
so
we'll
ask
that
well.
Thank
you.
Mr
Chuck
will
ask
anyone
from
the
audience
with
a
desire
to
speak
on
this
to
come
forward
and
try
to
limit
to
maybe
two
minutes
and
duration
would
be
great.
Thank
you.
C
All
right
so
with
the
withdrawal
of
the
standing
application.
That
means
we
have
three
witness
applications
that
were
received
so
we'll
we'll
start
with
those.
The
first
is
going
to
be
Mr,
Daniel,
Wallen.
B
C
C
K
K
B
K
It's
just
because
they
all
the
contractors
for
the
last
several
years
has
cut
every
tree
down
on
the
property
when
they
do
a
development
like
that
in
we're
just
afraid
that
all
that
wash
will
come
down
and
go
into
our
property
join
in
it
I'm.
Just
wanting
to
make
sure
that
we
won't
be
damaged
in
any
way.
B
We'll
give
the
applicant
opportunity
to
answer
that
later
on
and
then
in
the
program.
Thank
you
so
much,
sir.
Thank
you
appreciate
you.
C
M
As
still
the
owner,
because
I
was
talking
to
him
about
this
and
that's
I
thought
they
sold
it,
but
we
and
when
I
say
we
I'm
talking
about
a
group
of
neighbors
who
are
informally
sort
of
in
an
association.
We
call
ourselves
an
association
but
we're.
M
Notice
by
the
way,
is
in
looking
at
standing
issues
as
we
noticed
a
whole
lot
of
things
about
your
rules
and
standing
and
that
we
we
noticed
that
the
premise
of
this
board
is
to
facilitate
development,
and
it
was
developed
I
guess
in
20
years
ago
by
the
state
legislature
and
set
up
those
procedures
for
that
and
we're
suggesting
that
at
this
point
in
time,
there's
different
things
happening
on
the
planet
and
there
should
be
different
presumptions.
I
know
you
have
no
control
over
that
this.
M
M
They're
saying
that
the
each
four
unit
thing
has
20
feet,
but
the
four,
the
the
four
things
don't
have
20
feet
and
so
to
us
that
that
would
look
like
a
misrepresentation
and
that
that's
seeking
a
hundred
percent
elimination
of
a
code
requirement,
the
if
nine
Pleasant
Grove
special
use
permit
would
be
granted
to
our
horror.
It
would
be
the
first
grant
in
this
Reams
Creek
Region
3
zoning
area,
and
this
we
understand
you
don't
have
precedence
that
each
case
is
individual,
but
in
real
life
it
would
be
a
precedent.
M
M
We
understand
that
actually,
H.R
Horton
has
connected
to
DR.
Horton
has
connected
to
this
project,
and
so
we
are
seeking
a
delay
in
consideration
of
this
project
so
that
you
don't
intervene
into
the
community-based
state
mandated
process
of
looking
at
planning
for
the
whole
County
with
citizen
input
and
changing
the
standards
for
Reems
Creek
run
around
permit.
C
B
I
I
I
We
have
a
small
house,
our
future,
and
that
of
our
grandchildren
is
what
concerns
my
wife,
Katie
and
I,
and
regarding
this
project
a
major
concern
that
we
have-
and
it
was
sort
of
addressed
by
the
developer-
is
the
traffic
Reems.
Creek
Road
is
narrow.
There
are
no
shoulders,
it's
already
crowded
at
Pleasant,
Grove
Road.
The
entrance
into
the
project
will
be
just
inside
that
turn
past
a
narrow
bridge
and
already
the
traffic
there
is
is
at
times
very
dangerous.
There
is
a
no
passing
zone,
but
cars
pass
as
cars
turn
into
Pleasant.
I
Grove
Road,
the
the
narrow
bridge,
may
be
addressed,
I'm,
not
sure
how
the
pro
how
the
project
works,
but
it
may
be
addressed
like
the
one
further
up
rings,
Creek
that
has
just
been
added
across
the
creek
widened
into
a
development
that
it
was
a
narrow
bridge
and
it's
in
the
process
of
being
widened
right
now.
I
There
are
no
shoulders
on
Reems
Creek
Road.
There
are
no
shoulders
on
Pleasant
Grove
Road.
There
are
many
school
buses
that
go
up
and
down
those
roads
on
a
daily
basis
and
as
you
pass
the
project,
it
turns
to
an
uphill
climb
on
Pleasant,
Grove
Road
and
a
very
windy
road
as
well
into
another
development.
I
As
a
matter
of
fact,
yesterday
we
watched
cars
try
to
navigate
up
to
the
church,
that
is
the
polling
place
for
Precinct
59
I
believe
is
our
Precinct
and
it
was
very
difficult
to
get
past
each
other.
There
were
real,
close
swipes
almost
there.
I
I
I
Other
concerns
that
we
may
have
are
the
density
of
the
project,
since
it
is
variants
type
of
consideration
here,
with
an
attempt
to
cram
as
many
Town
Homes
into
a
relatively
small
space.
I
Inside
of
that
flood
plain
and
again
we,
as
was
mentioned
a
little
bit
earlier,
the
the
Reems
Creek
Watershed
seems
to
be
possibly
at
risk
and
we
would
hate
to
see
construction
work
started
without
that
fully
checked
out
I'm,
not
asking
for
a
complete
rejection
of
the
Town
Homes,
like
Carol,
said
I
think
we
just
appear
that
this
relatively
low
property
price,
the
purchase
price
of
the
property,
has
made
it
a
very
positive
thing
for
the
development
to
put
in
as
many
homes
as
possible
as
quickly
as
possible
and
get
that
work
done
soon.
I
That
is
probably
not
a
good
idea.
Without
the
consideration
of
the
20-year
comprehensive
plan.
This
board
may
be
setting
precedent
by
approving
this
project
before
that
comprehensive
plan
is
done.
So
that's
all
I
have
to
say.
If
you
have
any
questions.
Thank.
B
You
for
your
time
in
your
comments,
please
Joel.
D
Yes,
sir,
okay
yeah,
let
me
just
comment:
I
live
a
few
miles
further
north
on
Williams,
Creek
and
I
know
what
you're
talking
about
with
traffic
and
having
200
new
homes
go
up
along
there
within
the
last
eight
nine
years,
so
I
empathize,
unfortunately,
I
don't
believe
this
board
could
take
in
account
what
Department
transportation
is
doing
with
a
state
row.
D
Okay
I
know
they
came
out
was
about
eight
months
ago,
saying
they're
thinking
of
expanding
to
Hamburg
Mountain
Road,
but
they
have
no
idea
when
they'd
have
money,
as
I
said
to
my
wife
by
time
they
do
it
I'll
be
in
Riverside,
Cemetery
Okay.
So
you
know
again:
I
empathize,
there's
a
problem
there,
but
it's
beyond
our
scope.
D
N
Mr
Vice,
chair
I
think
this
might
be
a
good
time,
just
as
a
reminder
to
the
board
that
on
issues
of
traffic
and
other
matters
that
require
an
expert
level
of
testimony.
That
is
a
level
of
testimony
that
is
required
before
the
board
can
consider
anything
to
do
with
traffic
and
any
impact
that
traffic
may
have
as
a
result.
Or
is
it
any
any
impact
that
a
development
could
have
on
traffic?
Just
just
a
reminder:
I
know
this
is
this
seems
like
a
a
pretty
friendly,
cordial
conversation.
N
B
Again,
there
are
County,
there
are
thresholds
for
DOT
consideration
and
then
it
bumps
it
up
to
a
certain
level
once
there
are
a
certain
number
of
units,
and
so
that's
we're
going
by
what's
prescribed
to
us
yeah
sure.
Thank
you
so
much
for
your
time.
In
your
comments,
other
members
of
the
public,
who
would
like
to
say
a
few
words
as
a
witness
for
two
minutes.
B
O
I'm
not
clear
about
why
we
didn't
do
a
traffic
study.
Could
you
explain
that
again.
N
The
threshold
for
a
traffic
study
under
our
ordinance
is
75
units
and
this
project
had
fewer
units
than
that
Mr
chair
I.
Do
not
think
it
would
be
inappropriate
if,
if
you
were
taking
notes
and
had
any
questions,
if
you
wanted
to
answer
any
questions
that
you
could
for
the
benefit
of
the
public,
I,
don't
I
don't
see
a
problem
with
that.
N
J
To
the
dot
matter,
you
know
we
have
a
driveway
permit
that
has
been
submitted
to
dot.
There
are,
as
you
guys
mentioned,
they
are
the
authority
on
it.
So
if
there's
widenings,
if
there's
turn
Lanes,
if
there's
new
striping,
if
there's
a
stop
sign,
if
there's
anything,
UT
is
the
one
that
tells
us
that
and
then
we
act
appropriately.
J
I
believe
the
first
gentleman
asked
about
flood.
Certainly
any
structures
County
County
requires
the
structures
are
a
few
feet
above
base
flood
elevation,
I,
don't
even
believe
right
here
in
rings,
Creek
is
a
studied
stream,
but
we
would
certainly
want
to
be
up
and
above
all,
that
and
then
meet
any
kind
of
County
standards
on
grade
and
Rose
control,
review,
there's
systems
and
people
in
place
that
review
the
plans
as
they
go
through
the
next
steps
and
there's
lots
of
checks
and
balances.
E
B
B
G
Mr
chair,
based
on
the
foregoing
findings
effect
and
for
the
reason
set
forth
therein,
I
move
that
the
requested
special
use
permit
be
approved
and
that
the
order
approving
the
permit
be
adopted
and
executed
as
presented
and
doesn't
modified
in
this
hearing.
There's.
G
B
Yes,
yes,
yes,
yes,
yes,
yes,
yes,
and
that
passes!
Thank
you
very
much
and
we'll
ask
staff
if
they'd
like
to
spend
a
five
minute
recess
going
over
that
formulating
that
order.
B
B
B
B
B
B
B
B
B
B
B
's
on
we'll
come
back
to
order,
and
we
will
review
this
this
order
that
staff's
prepared.
N
Members
of
the
board
up
on
the
the
CB
display
up
there,
I
have
a
draft
order
for
the
case
you
just
heard
this
is
your
standard
boilerplate
order
for
a
a
planned
unit,
development
level,
one
I'm
going
to
scroll
through
slowly.
If
there's
anything,
you
would
like
to
see
in
more
detail,
please
let
me
know.
B
What,
if
you
can
give
the
the
magnification
One
Touch
to
the.
E
D
B
D
H
This
is
the
review
of
zph
2022-00029,
the
Christ
school
special
use
permit.
The
applicant
is
Matt.
Cotton
of
Trilogy
owners
are
EO,
Bell
and
Everett
Ledbetter
Sandra,
Weaver
and
Chad
and
Jennifer
Presley.
The
property
is
located
at
31
and
33
Christ
School
Road,
26,
Penner,
Ranch
Drive,
and
an
address
parcel
on
Sumter
Street.
It's
a
total
of
eight
Acres.
The
development
will
be
served
by
public
water
and
sewer
with
an
extension
in
a
zoned
R3
with
no
overlays.
H
The
special
use
permit
is
for
84
residential
single-family
Town
Homes.
The
zoning
allows
up
to
12
units
per
acre,
and
this
project
proposes
10.5
units
per
acre.
The
application
proposes
the
following
reductions
to
the
standard:
zoning
Dimensions,
zero
foot
interior
setbacks
to
allow
for
attached,
Townhomes
794
square
foot
lot
sizes
in
order
to
subdivide
each
townhome
lot.
H
15-Foot
distances
between
structure
blocks
and
172
parking
spaces
with
88
of
those
being
within
the
right-of-way
of
the
road,
if
approved
by
the
board
staff,
recommends
the
following
conditions
of
approval,
which
I'll
summarize
no
parking
signs
are
required
on
the
side
of
the
road
with
fire,
hydrants
and
ncdot
driveway
permit
is
required.
A
recombination
survey
needs
to
be
approved
and
recorded
prior
to
pulling
any
permits.
H
B
Hearing
none
staff
do
we
have
any
standing
applications
that
were
submitted
before
the
hearing.
C
Q
Well,
thank
you
Mr
ball
good
afternoon
staff
and
board
of
adjustment
members
and
members
of
the
audience.
My
name
is
Derek
Allen
I'm,
an
attorney
at
Allen
Stalin
kilborn.
We
represent
the
developer
on
this
project,
which
is
a
company
called
Trilogy
residences.
Q
Q
I
will
note
that
the
traffic
impact
the
analysis
for
this
looked
at
87
units
that
traffic
impact
analysis
has
already
been
reviewed
by
Dot
and
approved,
and
we
will
of
course
comply
with
the
recommendations
there,
our
water
and
sewer
connections.
Our
allocations
have
already
been
approved
by
MSD
by
the
city
of
Asheville.
Q
We'd
think
this
is
a
great
fit
this
area.
It's
got
good
access
in
surrounded
by
residentially
zoned
projects,
and
we
think
it's
you
know
this
Innovative
development
model
is
great
for
for
our
area.
In
addition
to
working
with
staff.
On
this
we
have
worked
also
with
the
neighbors.
We
had
a
neighbor
meeting
on
November
3rd.
We
did
that
by
way
of
Zoom.
We
had
about
nine
folks
that
showed
up
to
that
with
two
folks
asking
some
questions,
typically
about
perimeter
type,
fencing
in
response
to
that.
Q
We
have
responded
that
we'll
be
fencing
in
the
backyards
of
the
Town
Homes,
but
not
providing
perimeter
type
fencing
as
we
think
that
residential
next
to
residential
fits
and
and
there's
no
need
to
fence
out
your
neighbors
in
terms
of
the
notice
that
went
out,
we
did
send
out
170
notices
to
the
neighbors
on
that
meeting
and
encouraged
them
to
have
anyone.
They
think
might
have
interest
in
it
be
present.
In
addition
to
myself
today
in
terms
of
providing
information
for
this
project,
I
do
have
members
of
the
team,
Stephen,
Freeman
and
Matt.
Q
Cotton
are
here
from
Trilogy.
We
do
have
our
folks
on
our
engineering
and
site
plan
layout
with
Wade
trim,
Derek
Butler's
here
to
answer
questions
and
provide
affirmative
testimony
regarding
details
of
the
product.
Jeff
Moore
is
here,
he's
our
traffic
engineer
and
expert,
and
if
there
are
any
issues
regarding
or
questions
concerning,
valuation
Lynn
Carmichael
has
looked
at
that
and
she's
here
to
address
those
types
of
of
questions.
Q
I
did
want
to
affirmatively
address
the
the
exceptional
requests
that
are
in
the
staff
report
that
went
over
every
one
of
these
is
derivative
of
the
fact
that
our
ordinance
doesn't
really
contemplate
Town
Homes.
It
doesn't
handle
them
very
well,
and
so
the
interior
setbacks
being
reduced
yeah,
because
it's
it's
town,
homes
in
some
them
are
going
to
be
attached
same
thing
on
the
minimum
lot
sizes
same
thing
on
the
distances
between
buildings
in
terms
of
the
parking
we're
providing
more
parking
than
would
be
required.
Q
If
this
was
all
done
under
this
otherwise
exception,
they
have
one.
That's
going
to
be
a
garage
space,
one
that's
inside,
of
the
the
parking
area,
but
happens
to
be
in
the
right-of-way,
and
that's
why
it
looks
like
an
exception,
but
in
terms
of
actual
parking,
we'll
have
181
parking
places
for
the
84
units.
Q
A
C
R
Q
R
Can
go
all
right,
as
was
stated,
it's
an
84
townhome
unit,
we're
going
to
have
a
water
coming
off,
Christ
School
Road,
there's
a
14-inch
Main
in
the
roadway
sewer.
We
already
have
our
allocation
from
MSD,
where
we
will
connect
to
their
existing
system.
R
R
Grading
of
this
project
was
attempted
to
be
mostly
done
along
christchool
Road
and
also
to
be
interior
to
the
project.
In
order
to
maintain
the
existing
wooded
buffer
around
the
project,
the
roadways
will
be
designed
to
Buncombe
County
standards
and
the
additional
parking
for
guests,
as
well
as
no
parking
signs
along
the
hydrants.
As
per
the
Fire
Marshals
request.
R
Stormwater
will
be
managed
by
a
series
of
ponds
on
the
site.
These
will
either
be
sand
filters
or
bio
cells,
and,
if
there's
a
monument
assigned
at
the
entrance
that
will
comply
with
the
County
ordinance,
as
will
all
lighting
for
the
amenities
on
this
site.
There
is
a
clubhouse,
a
pool,
a
dog
park,
a
playground
as
well
as
a
walking
trail
that
loops
around
the
project,
the
building
size,
the
height,
is
compliant
with
the
requirements
for
the
R3
zoning
District
and
the
exterior
setbacks
have
all
been
maintained
and
met.
Q
Excellent.
Thank
you
with
that.
That
concludes
our
our
presentation,
we're
here
for
any
questions
that
might
come
up
and
happy
to
respond.
I'd
reserve
the
balance
of
our
time
to
address
anything
bottle
that
any
of
the
the
witnesses
that
want
to
ask
questions
about,
have
questions
for
the
advertisements.
D
C
Q
Good
afternoon
Jeff,
can
you
give
us
a
little
bit
about
your
educational
background,
so
we
can
establish
you
as
an
expert.
Yes,.
S
S
S
D
Yeah,
looking
at
the
executive,
summary
and
report
and
I
just
want
some
clarification
about
being
a
traffic
specialist
below
you
list
the
six
intersections
and
they
said
based
on
Capacity
Analysis,
the
study
area
intersections
was
individual
approaches
are
expected
to
continue
to
operate
at
levels
of
service
I'm.
Assuming
that
means
no
change
or
better
than
peak
hours.
S
It's
that's
that's
based
on
a
certain
there's,
a
table
that
says
for
this
many
seconds
of
delay.
It
gives
you
the
level
of
service
so
for
all
the
intersections
that
were
studied,
it
shows
that
they
are
at
or
below
capacity
they're
below
capacity,
because
their
local
service
d.
S
It
would
mean
that
it
might
be
a
of
service
C,
some
of
the
intersections
would
be,
and
what
we
look
at
is
when
it's
built
out.
What
is
that
level
of
service?
And
we
compare
that
to
the
background
and
see
what
the
change
would
be
so
looking
here
for
the
build
conditions,
for
instance
25,
Hendersonville,
Road,
Airport,
Road
and
U.S
25,
that's,
sweet
and
Creek.
The
level
of
services
are
all
d
for
craft
School,
Road
and
Baldwin
Road.
S
We
have
a
level
of
Service,
A
or
B,
so
in
that
case
they
would
be
operating
at
better
than
level
of
service
D,
and
so
he's
just
made
this.
The
engineer
that
did
the
traffic
study
made
the
statement
that
all
the
intersections
all
the
approaches
to
the
intersections
are
operating
at
a
level
of
service,
D
or
better.
The
worst
ones
level
of
service
team
does.
That
is
that.
S
D
S
So
we
look
at
those
peak
hours,
so
this
engineer
is
saying
that
during
the
peak
hours,
everything
will
operate
at
a
level
of
service
D
or
better,
so
those
intersections
are
still
under
capacity
in
those
peak
hours.
So
the
rest
of
the
day,
they're
going
to
be
even
better
they're
going
to
operate
even
better
because
there's
less
traffic-
and
we
all
know
when
the
peak
hours
are,
but
we
look
at
the
four
highest
15
minute
or
highest
consecutive
15-minute
periods.
S
S
Could
yes,
sir,
and
some
of
the
intersections
we
see
in
the
future?
They
actually
do
operate
level
of
service
C
for
certain
approaches.
So
we
look
at
the
intersection
as
a
whole
for
a
signalized
intersection.
We
get
a
value
that
says
this
intersection
is
going
to
operate
a
level
of
Service
A,
B,
C
or
D,
but
we
also
have
the
approaches
to
be
concerned
about
and
depending
on
how
the
traffic
volume
is
distributed.
In
that
intersection,
we
may
have
an
approach.
S
It's
a
worst
level
of
service,
like
maybe
a
d,
while
the
intersection
itself
is
a
level
of
service
a
we
don't
have
that
for
unsignalized.
We
just
look
at
each
individual
approach
so,
for
instance,
U.S
25A
at
Pensacola,
Road
and
the
am
operates
at
a
level
of
service
C
for
the
westbound
approach
and
the
PM.
It
operates
the
level
of
service
D.
So
that's
where
they're
saying
is
a
blanket
statement.
S
All
the
intersections
and
the
individual
approaches
are
expected
to
continue
to
operate
at
levels
of
service
D
or
better
during
both
of
the
peak
hours.
So
we
would
expect
in
non-peak
hours
it's
going
to
work
even
better
there
and
be
an
even
lower
better
they're,
going
to
operate
better
it'll,
be
like
a
b
c.
D
S
Sir,
absolutely-
and
that
was
taken
into
account
in
the
traffic
study,
that
the
project
is
u2801
a
and
it's
going
to
widen.
Sweden
Creek
Road
from
Hendersonville
Road
to
sr3081,
there's
not
an
approved
plan
just
yet
that
the
dot
has,
but
they
know
this
Project's
on
the
books
it's
coming,
but
it
will
address
individual
intersections
along
that
route
as
well
as
part
of
life.
At
the
time
this
Tia
was
taken
for
this
project.
S
The
impact
of
this
project
was
not
sufficient
to
require
additional
measures
such
as
turn
Lanes
or
anything
like
that,
because
the
level
of
service
was
still
acceptable.
So
there
were
no
requirements
when
that
project
does
come
through.
Those
intersections
will
operate
even
better,
because
that's
part
of
the
project
just
make
it
up
is
to
address
the
intersections.
B
Thank
you
so
much.
Thank
you
closing
statement
or.
B
No
standing
applications
today,
but
does
the
board
wish
to
open
up
for
any
witness,
Lots
or
comes
today?
Okay,.
T
I,
do
thank
you,
hello,
yes,
I'm
Danny,
Elmer,
I
work
at
Christ
school
just
up
the
road
I've
been
there
for
a
little
over
16
years
and
I
didn't
get
the
zoom
call.
I
didn't
get
the
memo
to
get
on
the
zoom
call.
So
sorry
about
that.
We're
right
up
the
road
we
have
300
boys
100
faculty
there
are
concerned
is
the
traffic
is
as
well
just
the
Sweden
Creek
Road.
We
were
anxiously
awaiting
that
widening
and
it
hasn't
happened.
It's
been
kicked
down
the
road
quite
a
bit.
T
Maybe
a
quarter
mile
from
this
project
I
think
it's
34
and
there's
another
project.
That's
in
the
works
it's
closer
to
our
campus,
which
is
fine
too.
T
P
T
A
T
102
employees,
40
of
which
are
faculty
that
live
off
campus
and
staff
and
maintenance.
Folks
too,
that
live
off
campus
to
drive
in.
U
So
it's
I'm,
not
a
NIMBY
I'm
familiar
with
Christ
or
someone
there,
but
what
I
am
discovering
is
the
decisions
appear
to
have
already
been
made
once
we
get
here
and
I
know
you,
you
all
are
I
appreciate
it.
I
didn't
give
my
credentials.
I'm
a
retired
special
education
teacher,
a
masters.
U
I'm,
a
I
have
a
master's
degree
and
I
was
a
special
education
teacher
from
the
American
University.
So
those
are
my
credentials
to
be
standing
up
here,
but
and
I
would
appreciate
it.
I
guess
it's
the
teacher
in
me.
If
I'm
talking
people
would
be
looking
at
me.
That
would
be
really
eyes
on
me.
So
I
hope
you're
listening
is
that
from
what
I
understand
now
coming
up
here
and
being
a
witness
and
saying
anything
that
I
may
say,
like
changing
the
zoning
issues
that
the
fear
is.
U
U
One
particular
part
of
his
whole
application
from
Trilogy,
and
it's
the
third
one
that
they've
done
is
that
the
last
one
you
approved
was
they
had
an
F
in
their
traffic
study,
but
that
didn't
seem
to
deter
anything
as
far
as
the
development
and
the
6
000
square
feet
for
the
these
Town
Homes
you're,
now
going
to
make
the
variation
to
600
square
feet.
So
that's
a
change
of
83
percent
of
what
it's
currently
zoned.
So
I
don't
understand
why?
U
If
you
have
that
zoning,
you
can't
say
to
the
developer
until
you
are
following
that
zoning:
we're
not
going
to
approve
it,
but
now
I
understand
why?
Because
there's
everything's
already
been
approved,
they've
already
worked
with
the
Planning
Commission.
You
all
are
just
quasi-judicial
group
that
vote
seven
to
nothing
and
I
I
get
it.
But
it's
it's
just
painful.
U
U
First
but
I
say
you
know
we
just
passed
that
Bond,
how
about
we
start
saying
no
to
developers
and
use
some
of
that
affordable
housing,
money
and
let
them
Sue
say
we
in
Buncombe
County
want
affordable,
housing
and
and
I
don't
see
any
evidence
that
this
is
going
to
be
affordable.
Housing,
I,
just
don't,
and
so
all
I
really
want
to
say,
is
as
as
a
private
citizen
of
Buncombe
County
person.
U
Who
cares
and
has
lived
here
a
long
time
20
years
so
I've
seen
the
growth
and
it's
time
to
say
no,
it's
time
to
stand
up
to
developers
and
don't
vote
for
these
adjustments.
Tell
them
no
tell
Trilogy,
no
come
back
with
the
zoning
that
that's
already
written
there,
but
again
we're
back
to
being
sued
and
that
you
could
be
personally
sued.
If
you
don't
vote
for
it
from
what
my
understanding
and
that's
unfortunate,
the
decisions
already
been
made
before
we
even
get
here.
U
So
you
know
I
appreciate
you
asking
some
questions.
Joel
I
really
do
I.
Are
you
Andy,
I'm,
Andy
I
appreciate
you?
You
always
were
looking
at
the
people
and
listening
and
talking,
but
it's
frustrating.
U
It's
frustrating
as
a
citizen
of
Buncombe
County,
to
see
it
I
want
to
know
your
public
servants
and
you're
doing
your
jobs,
but,
like
I
said
it
just
makes
me
really
sad.
The
traffic
is
getting
impossible
around
here.
Our
beautiful
Rolling
Hills
are
being
destroyed
by
out-of-state
Developers
and
we're
unable
to
tell
them
ever
now
and
I
wish
Martin
Moore
was
here
today,
because
I
voted
for
him
and
he
and
I
had
a
discussion
about,
and
hopefully
the
laws
can
be
changed
with
this
big
land
use
planning
coming
up
in
2023.
U
Why
aren't
we
already
preparing
for
that?
Why
aren't
we
already
saying?
No,
why
don't
we
say
the
land
we
have?
Let's
save
it.
Instead
of
letting
these
developers
destroy
so
I
I
appreciate
you
listening
to
what
I
have
to
say,
this
isn't
a
NIMBY.
For
me,
this
is
not
in
my
backyard,
one
that
you
did
approve
a
Trilogy
is
in
my
backyard,
but
I
just
wish.
Somebody
would
be
able
to
just
not
have
these
seven
zero
and
just
for
me,
if
I
were
on
there
and
I've
been
told,
I
could
be
I.
U
So
if
a
developer
doesn't
like
what
I
vote
for
excuse
me,
so
if
we
become
that
litigious
of
a
society
I
think
it's
pretty
sad,
so
I'm
not
running
for
office,
but
I
did
want
you
to
at
least
hear
I.
Thank
you
for
your
service,
because
I
know
you're
not
paid
for
what
you
do.
Those
people
I
think
are,
but
please
have
the
courage
to
just
tell
this
developer.
O
I'd
like
to
respond
to
the
some
of
the
statements
that
were
made
I'm,
also
a
special
ed
teacher
with
a
master's
degree
in
addition
to
that
I'm
a
lawyer.
So
that
gives
me
a
slightly
different
perspective,
but
I
can
assure
you
the
decisions
are
not
made
in
advance
and
it's
not
always
seven.
O
P
B
Q
Just
real
quickly,
I
I
agree
with
those
comments
and
and
just
kind
of
an
observation
of
Buncombe,
County
and
city
of
Asheville
may
be
the
hardest
place
in
North
Carolina.
To
get
things
approved,
it
is
extraordinarily
difficult
to
get
things
approved,
so
we
get
these.
That
kind
of
look
like
no-brainers.
Q
It
is
absolutely
Anonymous
anomaly,
but
also
points
out
how
ripe
we
are
for
housing
needs
for
one
for
sure
and
two
how
right
the
site
is,
and
any
of
the
exceptions
in
this
are
all
driven
by
the
town
home
element
of
it
and
Howton
homes
only
go
to
their
borders
anyway.
That's
the
way
you
do
it.
If
we
didn't
subdivide
it,
so
they
could
be
sold
off
at
some
point,
then
none
of
those
exceptions
would
even
apply.
That's
an
aside
on
the
Christ
School
piece.
Q
I
would
love
to
see
a
connection
all
the
way
through
to
Mills
Gap
Road
I
know
that
that
Christ
school
has
that
side,
so
I've
got
the
microphone.
That's
something
I
would
like
to
see
in
that
area.
I
think
that
would
release
some
of
the
congestion
pieces
specifically
for
the
school
and
it's
definitely
something
they
can
control
and
in
terms
of
the
The
Faculty
there.
That's
exactly
the
kind
of
potential
tenant
and
potential
owner
that
we
would
like
to
see
in
this
type
of
subdivision.
That's
what
it's
geared
towards!
Q
That's
what
the
pricing
is
geared
towards.
That's
what
the
product
is
geared
towards,
so
that's
the
perfect
kind
of
applicant
would
would
be
a
resident
teacher
or
off-site
teacher
for
for
Christ
School
with
that.
We
think
this
is
a
great
product.
We
think
it's
part
of
that
missing
metal.
We
think
is
one
of
the
good
places
for
it,
and
and
Lord
knows
we
need
additional
housing
stock
in
our
community
right
now.
So
we
would
appreciate
your
vote.
O
I
do
have
a
question
for
the
proposed
the
project,
whoever
whoever's
speaking
for
the
project.
It's
about
the
traffic
study.
My
question
is:
does
the
traffic
study
that
is
completed?
Does
that
consider
other
projects
that
are
under
construction?
At
the
same
time,.
S
Thank
you
ma'am
for
the
opportunity
to
to
address
that
as
part
of
the
scoping
there's
a
meeting
with
the
ncdot
and
with
the
county.
S
The
the
scoping
documents
discuss
whether
or
not
additional
projects
need
to
be
looked
at
approved
projects
in
the
area,
and
usually
that
is
added
into
the
background
traffic,
and
in
this
case
there
was
also
a
growth
factor
of
we
take
traffic
counts
of
today's
existing
conditions
and
then
grow
those
by
a
factor
to
the
build
out
year,
because
that's
what
we're
looking
at
is
what's
going
to
happen
in
the
build
out
year.
So
any
additional
developments
that
are
approved
that
would
be
constructed
by
that
build
out
here
or
added
into
the
traffic
study.
O
S
D
S
Yes,
sir:
well,
according
the
traffic
study,
there
was
not
a
requirement
for
or
to
the
development,
no
left
turn
lane
required.
No
right
turn
lane
required
the,
and
there
are
thresholds
for
that
in
CDOT
has
as
part
of
the
roadway
design
manual,
they
have
thresholds
for
left
and
right
turn
lanes
and
the
traffic
wasn't
enough
to
meet
those
in
this
case.
Q
S
Yes,
sir,
and
if
I
I
can
even
elaborate
on
that
the
the
trip
generation
for
this
project
for
the
87
Town
Homes
would
generate
38
trips
during
the
am
peak
hour
and
that's
sometime
between
7
and
9.
A.M
of
those
12
would
be
going
into
the
site
and
26
going
out
of
the
side
for
the
PM.
It
would
be
46
trips
and
that
would
be
26,
inbound
and
20
outmount.
So
for
those
numbers
it
didn't,
it
was
nowhere
near
the
thresholds
for
turn
lines
left
or
right
term
Lanes.
D
Oh
staying
on
the
traffic
study
again,
okay,
again,
possibly
safety
reasons,
I
know
you
talk
about
thresholds.
Yes,
sir.
Okay,
with
a
developer,
consider
putting
in
turning
Lanes
staying
around
the
Christ's
Church
Road.
Q
I,
don't
know
I
I,
think
that
you
know
that's
a
question
for
the
developer
and
the
engineers
I.
Don't
think
it's
as
easy,
as
can
we
stick
some
turn
Lanes
in
here,
so
I
think
there's
a
lot
more.
That
goes
into
that
kind
of
that
kind
of
analysis.
From
from
a
marketing
standpoint.
I
don't
know
if
you
want
to
try
to
address
that
question.
Stephen.
S
Because,
while
he's
coming
up,
it
would
also
widening.
And
if
there's
right-of-way,
the
top
of
Broadway
yeah.
Q
P
C
Right,
I'm!
Sorry,
if
you
please
raise
your
right
hand
and
do
you
swear
if
I
want
to
tell
the
truth
or
nothing,
but
the
truth
I
do.
Thank
you.
P
That
is
something
we
could
certainly
take
into
consideration.
We
would
would
need
to
work
with
the
engineers
to
evaluate
that
if
there's
even
opportunity,
but
it's
it's
something
we
can
certainly
explore
as
we
continue
to
move
through
the
design
and
review
process.
I.
S
That's
something
that
the
dot
would
have
to
approve,
and
they
would
you
know
if
it
doesn't
meet
their
thresholds.
Is
that
something
that
they
would
approve?
This
could
be
a
definite
case-by-case
basis
if
it
met
the
thresholds.
That's
different,
just
just
draw
them
on
the
plans
and
in
this
part
of
the
driveway
permit,
without
that
we
would
have
to
get
their
their
blessing
basically
to
allow
it
to
be
put
in
under
encroachment
and
then
given
to
the
state
to
maintain.
D
Okay,
I
got
a
question
for
our
attorney
there.
Okay,
because
again,
you
keep
talking
about
thresholds,
okay,
and
this
is
on
the
development
itself.
What
I'm
talking
about
turning
Lanes
legally
of
the
Traffic
Engineers
said
using
thresholds
that
that's
not
necessary.
Okay,
does
that
govern
us
and
our
decision
any.
N
S
S
Is
there
room
to
fit
that
in
the
right
of
way?
Is
it
an
easement?
If
it's
an
easement,
it
may
only
go
wide
enough
that
they
maintain
generally
that's
considered
what
they
can
reach
with
along
our
mowers.
They
go
through
or
the
shoulder
mower
if
it's
what's
known
as
a
maintained
right-of-way,
which
is
really
just
a
trans,
Transportation
easement
a
fee
simple
right
away
where
they
have
45
feet,
22
and
a
half
feet
from
the
center
of
the
road.
S
There
may
or
may
not
be
room
to
put
the
the
lane
in
because
something
would
have
to.
D
Be
looked
at,
but
that
would
be
the
Dot's
decision.
Well,
okay!
Well
going
back!
Is
it
possible
to
put
as
a
condition
that
the
developer
does
consult
with
DLT
to
see
the
feasibility
of
turning
Lanes
under
you
know
the
road
there
and.
N
So
they
will
have
to
consult
with
Dot
and
follow
any
any
conditions
mandated
by
Dot
and
then
second,
that
a
copy
of
the
approved
permit
from
the
U.S
Army
Corps
of
engineer,
the
Department
of
Transportation.
P
N
It's
the
belts
and
suspenders
approach.
The
applicant
is
prohibited
from
commencing
site
work
until
that
dot
driveway
permit
has
been
provided
to
the
county.
That's
been.
The
habit
of
of
this
board
has
been
to
require
compliance
with
the
dot
Provisions,
because
we
really
can't
overrule
dot.
In
saying
what
your
driveway
entrance
looks
like
they're
the
state
where
the
county
they
would
win
that
decision-making
contest.
So.
N
That
is
correct
and
when
it
comes
to
what
metrics,
design
or
Traffic
Engineers
use
in
creating
their
staff
reports
again
you're
the
expert
so
correct
me
if
I
get
this
wrong,
it's
my
understanding.
The
dot
sets
the
standards
for
what
developments
they
consider
in
their
and
their
traffic
reports,
so
that
that's
sort
of
out
of
this
board's
hands
as
well,
that
is
set
by.
S
Dot,
yes,
sir,
that's
correct
the
dot
threshold
is
3
where
they
require
a
traffic
impact
analysis,
because
in
this
case
the
counties
requiring
a
TIA
they
review
it
as
well.
They
take
jurisdiction
over
that
study,
say
what's
been
required
by
another
jurisdiction,
so
we're
going
to
review
it.
There
are
instances
the
safety
aspect
of
turn.
Lanes
is
really
volume
based
and
context
based
if
you're
on
a
road
where
there
are
no
driveways,
suddenly
there's
a
driveway.
E
F
O
I
did
want
to
mention
the
minimum
lot.
Size
is
reduced
from
6
000
square
feet
to
794.,
but
I
think
that's
not
necessarily
a
bad
thing.
I
think
there
there's
an
attempt
to
preserve
open
space,
reduce
the
amount
of
square
feet
between
units,
but
but
increase
the
amount
of
open
space
for
the
people
who
live
there.
So
I
don't
necessarily
see
that
as
a
bad
thing.
E
I
agree,
Carol
I
think
it's
it's
maximizing
the
use
of
space
and
they
are
well
below
the
thresholds.
They
could
be
at.
F
Make
a
motion
to
approve
findings
of
fact,
Mr
chair,
based
on
the
evidence
presented
to
this
board,
including
the
following,
exhibits:
the
petitioner's
application,
the
submitted
development
plan,
the
GIS
maps,
the
staff
report,
testimony
presented
at
this
hearing.
I
move
that
this
board
adopt
the
finding
and
following
findings.
In
fact,
this
matter
was
properly
advertised
is
within
the
board's
jurisdiction
and
it
is
right
for
the
for
its
consideration.
F
But
this
application,
together
with
the
conditions
proposed
by
staff
and
this
board
agreed
to
by
the
applicant
if
any,
does
meet
the
requirements
for
granting
a
special
use
permit
contained
in
the
Buncombe
County
code
of
ordinances,
section
78-621,
3.,
there's.
O
O
F
F
Mr
Vice
chair
I'll
make
a
motion
to
approve
the
special
use
permit,
based
on
the
foregoing
findings
of
fact,
and
for
the
reasons
set
forth
therein.
I
move
that
this
requested
special
use
permit
be
approved
and
that
the
order
approving
the
permit
be
adopted
and
executed
as
presented
and
as
modified
in
this
meeting.
B
O
Is
that
is
that
motion
limit
for
clarification?
Is
that
motion
to
adopt
it
with
the
conditions?
Yes,.
B
B
N
N
N
B
N
B
Let's
adjust
that
that
Zoom,
if
you
will
a.
N
N
This
is
the
part
about
parking
the
projects.
Today,
all
staff
had
noted
that
they
had
deviations
from
some
of
the
standards.
The
applicant
in
the
last
case
pointed
out
that
for
the
town
homes
it
was
because
Townhomes
are
by
Nature
right
next
to
each
other,
so
this
is
addressed
in
in
your
boilerplate
order.
I
think
Mr
Quisenberry
quoted
the
statute
from
from
memory
was
saying
that
the
parking
met
the
spear
and
intent
of
the
section.
I
think
that's
the
the
only
thing
you
need
to
see
in
these
orders
really
just
pointing
that
out.
N
K
B
B
B
B
E
B
To
be
amongst
those
candidates,
dude,
we
always
thought
hey,
it
might
be.
You
might
need
an
old
football
star
or
you
know,
to
take
this
conservative
like
take
this
yeah
try
to
run
and
she's
blown
that
out
of
water.
Somebody
that's
authentic.
With
people
she's
just
done
a
really
great
job
yeah
she
has
she'll
she'll,
be
back.
She
won't
be
able
to
go
anywhere.
Oh.