►
Description
Recording of the Board of Adjustments' Meeting from Feb. 12, 2020. For more information about the Board of Adjustments you can visit: https://www.buncombecounty.org/governing/depts/planning/adjustment-board.aspx
A
E
A
E
F
A
A
F
G
G
H
A
Are
there
any
other
housekeeping
matters
before
we
get
rolling
here
all
right,
seeing
none
I'd
like
to
welcome
everyone
to
the
Buncombe
County
Board
of
Adjustment
hearing
for
the
month
of
February,
for
those
of
you
have
been
here
before.
Please
forgive
the
repetitiveness,
but
this
is
a
quasi-judicial
evidentiary
hearing.
That
means
similar
to
a
courtroom.
State
and
local
law
set
specific
procedures
and
rules
concerning
how
the
board
must
make
its
decisions.
Our
discretion
is
limited.
We
must
based
our
decision
on
the
competent,
relevant
and
substantial
evidence
in
the
record.
A
Our
decisions
must
be
constrained
both
Sanders
and
the
zoning
ordinance
and
based
on
the
facts
presented
if
you'll
be
speaking
as
a
witness
today,
please
focus
on
the
facts
and
standards,
not
personal
preference
and
opinion.
For
example,
matters
of
personal
knowledge
and
specific
facts
about
a
project
in
question
are
acceptable
and
potentially
permissible.
However,
opinion
speculation
as
to
traffic
impact
on
the
community
crime
things
along
those
lines
would
not
be
absent.
Being
an
expert,
we
value
a
transparent
process
and
encourage
the
community
remain
engaged
and
participate.
A
But
given
this
is
a
hearing
on
the
record,
there
are
certain
topics
and
areas
that
limit
the
type
of
testimony
we
can
receive.
Experts
will
be
allowed
to
offer
opinion
testimony.
Those
experts
have
to
be
properly
qualified
and
tendered
to
the
board
and
a
termination
made
prior
to
them,
offering
their
opinion
again.
As
a
reminder,
all
witnesses
should
solely
provide
factual
testimony
as
to
how
the
project
does
or
does
not
meet
the
standards.
I
understand.
We
have
a
very
helpful
board
outside
that
kind
of
walks
through
the
process.
A
C
J
C
So
this
is
the
presentation
of
zph
2019
zero,
zero,
zero.
Five
three,
it
is
the
Laurelwood
conditional
use,
permit
application,
gene,
Sandlin
and
Tim
fly
Sauer
of
WEEI
investments
have
applied
for
conditional
use
permit
pursuant
to
the
zoning
ordinance
of
Buncombe
County,
section
78
641
a
and
678
b6
conditional
use
standards.
C
This
is
to
establish
a
Planned
Unit
development
level,
one
for
single-family
townhomes
at
fifteen
weight
still
drive,
and
at
twenty
two
twenty
one
and
two
fifteen
ledbetter
Road
I
certify
that
this
public
hearing
was
properly
noticed
and
all
applicable
parties
were
notified
of
the
meeting
in
accordance
with
General
Statutes
in
Buncombe,
County
Code
I
asked
that
the
applicant
and
staff
materials
be
accepted
into
the
record
as
evidence.
Thank.
A
K
J
C
The
project
is
for
29
townhome
Lots,
surrounded
by
common
open
space
with
a
loop
road
exiting
onto
Ledbetter
Road.
At
two
points,
the
total
acreage
of
the
site
is
five
point:
six
three
acres,
the
parcels
zoned
r1
and
does
not
contain
any
areas
in
an
overlay
district.
The
project
is
to
be
served
by
public
water
and
sewer
MSD,
sewer
and
city
of
Asheville
water
allocation
approval.
Letters
have
already
been
received.
C
Conceptual
storm,
water
and
erosion
control
plans
have
been
approved
by
our
staff.
A
driveway
permit
has
been
issued
by
G
ot
that
we
have
not
yet
received
a
copy
of
that
fire
marshal
approval
has
been
received
and
a
traffic
impact
letter
has
been
provided
by
the
applicant.
They
all
note
that
a
traffic
study
is
not
a
requirement
for
the
project
of
this
size.
A
major
subdivision
application
was
required
as
well,
and
it
was
approved
by
the
Planning
Board
at
their
January
27th
meeting
in
your
packets.
You
have
received
the
original
site
plan.
C
There
had
been
some
revisions,
so
you'll
see,
there's
a
copy
of
a
additional
site
plan
pages
that
say
revised
on
them.
The
project
appears
to
be
in
compliance
with
the
conditional
use
permit
standards,
with
the
exception
of
the
minimum
20
feet,
distance
between
buildings,
which
is
a
requirement
of
the
PUD
application.
But
the
board
has
the
ability
to
approve
the
reduced
distances
between
the
buildings,
some
of
which
are
as
small
as
11
feet,
between
structures
and
this
approval
can
occur
as
part
of
your
CU
p
review.
C
It
does
not
have
to
have
a
separate
variance
application
and
regardless
of
the
Board's
decision,
the
applicant
will
still
be
required
to
meet
all
applicable
building
and
fire
safety
code
requirements
during
the
permitting
process,
so
staff
recommendations,
if
you
were
to
approve
the
application,
would
include
the
provision
of
a
copy
of
the
NCDOT
driveway
permit.
Obtaining
9-1-1
addresses
obtaining
final
stormwater
and
erosion
control
permits
and
providing
proof
of
approval
of
city
of
Asheville
water
and
do
sewer
lines.
A
M
You,
mr.
chairman,
my
name
is
Gary.
Davis
of
Davis
civil
solutions
were
the
civil
engineers
for
the
project.
Forgive
me
if
I
duplicate
some
of
the
things
that
Shannon
already
said,
but
I'll
try
to
be
brief.
With
him
project
again
is
located
on
Ledbetter
Road
adjacent
to
wasteful
driveway
subdivision
on
approximately
five
and
a
half
acres
of
athletes
about
four
acres
is
being
disturbed.
The
project
consists
of
the
construction
of
approximately
29
townhomes
arranged
in
a
row
house.
Configuration
of
singles
doubles,
triples
and
quads.
M
The
existing
site
is
an
open
site
generally
exposed
dirt,
a
very
little
vegetation
except
next
to
the
road,
the
roadway
that
we're
putting
through
this
site.
It
takes
advantage
of
two
existing
driveways
along
Ledbetter
right
now
that
no
additional
driveways
will
be
added
throat
loops
through
for
emergency
vehicles,
access
without
a
dead
end.
M
The
upper
portion
of
the
project
again
is
generally
undisturbed,
as
that
is
a
progress,
energy
right
away,
which
is
a
pretty
significant
significantly
wide
right
away.
We
have
two
retaining
wall
locations
at
the
top.
One
is
only
five
feet
high
and
the
others
two
feet
high
and
that's
two.
In
order
to
just
Terrace
the
slope,
to
keep
it
from
being
so
steep.
M
M
Water
and
sewer
again
is
accessed
along
Leadbetter
road.
No
major
extensions
but
direct
connection
had
Ledbetter
strong
drainage
control
was
with
underground
no
above-ground
ponds.
It's
all
underground.
In
the
two
lower
sections
of
the
project,
the
development
will
have
its
own
homeowners
association
will
be
subsidiary
to
the
Wayne's
wasteful
homeowners
association
has
their
partners
in
the
in
the
project.
M
Community
meeting
was
held
last
week,
of
which
I
forget
ten.
Twelve
fifteen
people
were
there
that
Monali,
mainly
they
were
interested
in
what
the
look
of
the
project
was.
The
price
of
the
units
and
so
forth.
Just
general
question
is
a
very
successful
meeting.
Have
gene
Sandlin
and
Tim
flesh
our
here?
The
owners
of
project
via
the
additional
questions
via
the
technical
questions,
then
I'll
entertain
those
at
this
time.
F
L
L
M
As
you
can
see
by
the
site
plan,
there
we're
having
to
go
up
away
from
Ledbetter
Road,
so
some
of
the
units
are
a
little
bit
closer
than
the
other
side,
never
exceed
the
minimum
and
that's
to
accommodate
the
slope.
So
we
don't
have
part
of
the
upper
part
of
the
building
below
the
road
and
lower
far
the
building
above
the
road.
M
P
P
Q
A
A
N
R
S
M
L
N
N
A
D
D
L
L
D
D
D
D
L
D
A
G
G
D
T
These
developers
are
going
to
use,
are
on
a
curve
the
rendering
is
they're
giving
our
individual.
So
that's
a
bad
impression
because
they're
good,
it's
actually
considered
cluster
homes,
which
is
not
good
for
the
area.
It's
actually
zone
single-family
home,
so
I'm
totally
I
like
I,
went
to
Beverly
Hanks
yesterday
and
Biltmore
park
and
people
there
told
me
the
only
thing.
That's
good
out
of
this
disorder.
L
Will
not
know
that
is
hers,
she
is
freely
we've.
You
know
it's
a
free
transfer
freely
agreed
to
that
transfer
as
well.
A
T
T
A
L
L
A
All
right
going
forward
just
so
everyone
knows,
because
the
applicant
is
a
party
and
interest
just
like
a
courtroom.
They
have
the
right
to
ask
questions.
That
being
said
in
the
interest
of
following
a
fair
procedure,
here,
I'm
not
I'm,
going
to
be
very,
very
cautious
about
allowing
anybody
offer
argumentation
or
summaries
going
forward.
This
is
kind
of
a
cross-examination
period.
I
U
U
U
U
U
L
R
Think
I'm
the
president
of
the
HOA
of
way
still
mountain
and
have
been
on
that
board.
Since
we
began
the
board
in
2010
way,
still
Mountain
Inn
tells
about
five
different
communities:
arabela
lexico,
Stonecrest,
Stonecrest,
Bella's
and
Ledbetter
farm
within
the
when
the
developer
was
drawing
all
this
up.
This
was
part
of
his
devotees.
R
Development
was
take
this
this
parcel
of
land
and
put
in
town
townhomes
and
such
Jean
and
Tim
have
met
with
met
with
us
at
the
very
back
in
September
and
October.
Explain
to
us
what
they
were
a
lot
like.
Do
the
property
the
property's
been
sitting
there,
bearing
for
as
long
as
I've
lived
there
since
2007
and
what
they
proposed
and
what
they've
shown
us,
which
would
be
under
the
IRC
guide.
Guidelines
of
our
HOA
looks
very
nice
and
also
will
enhance
our
community
currently
in
our
community
of
the
HOA.
R
We
have
homes
that
would
range
anywhere
from
about
250
all
the
way
up
to
about
850.
So
it's
a
broad
range
of
homes.
It's
not
just
one
segment
of
homes,
so
it
gives
a
person
such
as
myself.
I,
live
in
a
in
a
3,500
square,
foot
home
well
I'm
about
done
with
that
that
house,
but
you
know
what
I
love
where
I
live:
I
love
the
look
location.
R
My
plans
are
to
talk
to
them
about
buying
a
townhome,
so
I
can
stay
in
that
in
that
community
I
love
way
still
mountain.
We
have
a
great
community.
We
have
great
neighbors,
can't
say
enough
good
about
it
so
forth.
At
that
point,
I
think
see,
I
think
it's
great
for
the
for
the
community
and
gray
fur,
the
HOA
and
great
for
that
that
side
of
Asheville.
T
A
F
Chair
based
on
the
evidence
presented
to
this
board,
including
the
following,
exhibits,
the
petitioners
application,
the
submitted
development
plans,
the
GIS
maps,
the
staff
report,
the
findings
of
fact,
worksheet
and
testimony
presented
to
this
hearing.
I
move
that
the
board
adopt
the
following
findings
of
fact,
one
through
six
and
seven,
a
inclusive.
H
F
A
A
L
J
Yes,
sir,
thank
you.
So
your
next
application
is
zph
20,
19,
60,
Fairview,
Meadows,
Planned,
Unit
development.
The
subject
property
is
located
at
2
34
and
36
reeds
Creek
Road.
The
current
owner
is
Fairview
Holdings,
1
I
LLC.
The
applicant
is
the
same
represented
by
mr.
Warren
sugg
from
civil
design
concepts.
The
total
acreage
of
the
property
is
11.6
acres.
The
project
area
would
be
nine
point:
eight
seven
acres,
currently
zoned
CS
commercial
services,
new
flood
plains,
watersheds
or
any
sensitive
natural
areas
that
are
regulated
by
the
county
on
the
site.
J
The
applicant
does
propose
a
total
of
42
single-family
townhome
units,
the
as
generally
shown
as
shown
on
the
site
plan
above
the
application,
does
meet
all
of
our
technical
standards
for
conditional
use
permit
in
for
a
Planned
Unit
development.
With
the
exception
of
similar
to
the
previous
project,
the
units
will
be
closer
than
20
feet.
J
Otherwise
the
applicant
does
meet
the
application,
does
meet
all
of
your
requirements
and
conditions.
I
will
draw
your
attention
to
suggested
suggested
conditions
by
staff
on
page
6.
There
is
a
motion.
Work
sheet
in
your
packet
will
say
that
this
excuse
me.
Public
hearing
was
advertised
in
accordance
with
north
carolina
general
statutes.
Welcome
County
code
and
I'd.
Ask
that
the
staff
and
applicants
materials
be
accepted
into
the
record
as
evidence
you
have
you
taken
questions
any.
K
Thank
You
board
and
thank
you
staff
for
your
assistance
to
this
point
on
hearing
our
case
and
help
them
see
your
process.
I
know
you
guys
have
a
very
full
agenda,
so
I'll
make
my
presentation
are
very
short
into
the
point
warrants
with
civil
design
concepts.
I'm
a
civil
engineer,
we're
a
locally
based
actual
firm
and
been
before
you
several
times.
I'm
also
joined
by
owners
of
the
property,
Billy
Taylor
and
JQ
Freeman,
as
mentioned
in
the
intro.
K
It
is
a
ten
acre
parcel.
It
is
very
open
in
its
current
use,
CS
by
zoning,
so
commercial
services,
commercial
Services,
has
a
number
of
different
uses
that
could
happen
within
it.
This
piece
of
land
has
been
held
since
2013.
In
that
time
it's
been
reviewed
and
looked
at
for
things
such
as
commercial,
commercial,
grocery
grocery
at
this
time,
as
as
not
taken
off
we've
even
seen
in
the
recent
news
that
groceries
are
starting
to
close
in
some
places
and
some
groceries
are
taken
off,
we've
also
looked
at
it
and
considered
multifamily.
K
The
site
is
about
nine
acres
of
project
area,
so
are
almost
close
to
ten.
Actually,
we
have
the
ability
to
go
up
to
118
units,
we
consider
doing
some
multifamily
apartments
here.
We
would
be
before
you
for
that
as
well,
but
the
density
is
is
there,
but
in
just
looking
at
the
wide
range
of
different
uses
and
compatibility
with
surrounding
neighborhoods,
we
just
felt
like
a
42
unit.
K
K
K
F
J
J
F
K
F
I
get
the
point
of
my
questioning
on
this
is
about
the
setbacks
on
those
and
I.
Think
it's
a
it
helps
me
understand
the
justification
for
the
setbacks
as
to
what
these
this
will
look
like
if
these
are
going
to
be
individual
houses
that
have
individual
properties,
that
individuals
own,
that
have
ten
feet
between
buildings
or
if
these
are
going
to
be
more,
what
I
would
characterize
as
townhomes,
where
all
of
the
property
outside
the
building
footprint
is
owned,
commonly
and
maintained
commonly,
so
any
clarity
you
can
give
on
that
would
be
good.
So.
J
W
S
K
So
I'm
not
sure
exactly
which
parcel
you
are,
but
we
have
a
slope
that
we
would
be
maintaining
and
developing
on
the
north
edge
of
our
parcel
right,
and
there
is
currently
a
30
foot,
minimum
and
greater
piece
of
land,
that's
owned
by
the
HOA
Association.
That's
north
of
our
property
before
you
even
get
to
parcels-
and
that
is
currently
sewer
goes
through
there
as
well
as
it's
just
not
not
part
of
our
projects
that
we
would
have
nothing
to
do
with
any
disturbance
within
that,
because
that
would
be
off
of
off
of
our
property.
K
There's
approximately
a
hundred
feet
between
our
property
line
and
the
closest
structure
to
the
north
of
us,
and
we
would
have
no
impact
on
those
lands
as
well
as
stated.
We
don't
have
any
kind
of
steep
slope
or
hilltop
requirements
here.
I
also
say
that
the
houses
to
the
north
of
us
are
generally
30
to
50
feet
higher
in
elevation
and
where
our
development
would
begin.
W
W
K
W
A
X
D
X
Really
am
NOT
here
to
speak
against
this
development.
There
are
aspects
of
it
that
are
actually
very
appealing
to
us
as
a
potential
use
for
that
property.
42
single-family
homes
would
be
a
lot
more
appealing
to
most
of
our
residents.
I
think
than
multifamily
dwellings
or
a
commercial
operation
would
be
I.
Do.
D
X
J
J
Okay,
now
that
the
applicant
will
ensure
adequate
sight
distance
on
both
approaches
to
the
driveway
meeting
minimum
standards
at
the
manual
on
uniform
traffic
control
devices,
the
applicant
will
provide
a
paved
turnout
for
for
the
access
point.
They'll
provide
documentation
that
NCDOT
has
issued
a
driveway
permit
and
is
satisfied
with
the
construction
of
the
driveway
access
point
prior
to
final
approval
of
any
structures
that
the
applicant
will
obtain
and
appropriate
emergency
9-1-1
addresses,
and
that
the
applicant
will
obtain
storm
water
erosion
control
permits
prior
to
construction.
W
A
F
The
development
and
I
don't
see
anything
in
here
that
that
to
me
meets
those
conditions,
and
it
seems
to
me
that
that's
primarily
a
workaround
for
the
minimum
lot
standards,
and
this
and
the
setback
requirements
for
this
development
and
I
would
be
more
comfortable
supporting
this.
If
the
setbacks
in
the
lot
sizes
conform
to
what
the
ordinances
or
it
did,
and
if
there
weren't
that
there
was
more
of
a
justifiable
reason
for
this.
F
This
alteration
so
I
don't
think
as
it
is
right
now,
although
again
I'm
generally
supportive
of
this
development,
I,
don't
think
it's
a
bad
use
of
the
property
I
would
prefer
to
see
it
conformed
to
the
setback
and
lot
size
requirements.
Unless
there
was
some
other
design
on
the
project
for
that,
it
was
more
like
the
previous
development
that
it's
townhomes
and
under
common
maintenance.
A
You
know
you
think
that
that's
a
valid
concern
in
the
spirit
of
of
us
not
turning
into
kind
of
a
rubber
stamping
board.
Whenever
someone
doesn't
pick
a
different
option.
That
certainly
could
be
an
issue
we're
have,
especially
given
the
uptick
in
applications
that
we've
had
I.
Think
it's
something
to
be
cognizant
of
the
ordinance
is
not
meant
to
be
particularly
malleable
as
I
understand
it.
I
had
invite
other
perspectives
on
that,
but
I.
O
Don't
really
understand
why
the
setbacks
are
so
close,
I
mean
I,
don't
I,
guess
I'm
missing
something
I
don't
know,
understand
the
reason
behind
it:
I'm
not
in
real
estate
I.
Don't
maybe
I'm
not
if
it's
not
a
huge
slope
or
there's
not
another
reason,
I'm,
not
really
sure.
Why
there's
why
we're
not
conforming
to
those
I.
K
Had
some
please
so
on
a
lot
of
the
developments
such
as
this,
where
you're
trying
to
have
some
continuity
between
lots
and
you,
we
are
dental
Monsanto
Co.
There
is
quite
a
bit
of
topo
that
goes
from
the
north
to
the
south.
That
actually
does
go
from
splits
and
goes
east
and
west.
Well
we're
trying
to
have
lots
that
don't
have
high
crawls
trying
to
have
as
much
slab
slab
grading
as
we
can
trying
to
keep
the
access
to
each
of
these
houses
as
accessible
as
we
can.
K
So
there
is
a
type
of
graphic
challenge
there
there's
also
the
ability
and
I
think
we've
heard
that
the
building
code
can
allow
us
to
make
be
some
firewalls
between
some
of
the
houses
to
help
with
some
of
those
setback
concerns.
But
that
is
our.
That
is
our
attention
to
have
the
no
no
closer
than
10
feet
apart,
I.
G
G
Mr.
chair,
based
upon
the
evidence
presented
to
this
board,
including
the
following,
exhibits,
the
petitioners
application
the
submitted
development
plan,
the
GIS
maps,
the
staff
report,
the
findings
of
fact,
worksheet
and
testimony
presented
at
the
hearing.
I
move
that
this
board
adopt
the
following
findings
of
fact:
one
through
six,
seven,
eight
inclusive.
Second,.
A
G
H
X
Y
A
B
C
B
N
N
J
O
A
I
V
Do
okay
so
good
morning,
mr.
chair
and
board
members
good
morning,
I'm
here
to
present
zph
2020
zero
zero
zero
zero
one.
Let
me
begin
by
stating
for
the
record
that
this
public
hearing
was
properly
advertised
in
accordance
with
north
carolina
general
statutes
and
Buncombe
County
code.
I
respectfully
request
that
the
staff
report
and
applicate
applicant
materials
be
accepted
into
the
record
as
evidence
I.
V
Zph
2020
2
0,
0,
0,
1,
Amy,
Morgan
and
Donald
Stahl
key
the
property
owners
at
110,
Watson
Road
pin
number
at
nine
six
five,
three
three
six
five,
six
four
one
are
seeking
approval
for
conditional
if
conditional
use
permit
for
a
day
nursery
and
private
kindergarten
of
more
than
eight
students.
The
project
is
to
be
served
by
public
water
and
septic
Buncombe
County
Environmental
Health
septic.
Permit
approvals
were
received
as
the
and
the
fire
marshal
is
approve
access
for
the
day
nursery
and
private
kindergarten.
V
The
parcel
is
zoned
r3
and
does
not
contain
any
areas
and
any
overlay
district.
The
site
plan
includes
sufficient
parking,
a
drop-off
areas
as
well
as
buffering
areas.
The
total
acreage
of
the
site
is
0.7.
Zero
staff
recommends
the
following
conditions:
if
you
choose
to
approve
this
project
that
the
applicant
either
provide
a
copy
of
an
approved
and
CD
OT,
driveway
permit
or
communication
from
NCDOT
State,
that
one
is
not
needed.
The
applicants
are
both
here
to
answer
any
questions
from
the
board.
A
I
Q
Z
Z
We
opened
our
school
in
2017
and
we
have
currently
have
a
zero
to
three
program
that
serves
children
15
months
to
age
three,
and
that
is
the
program
where
I
work,
that's
at
a
different
location
and
since
opening
the
school
we've
always
looked
for
a
a
spot
where
we
can
either
have
the
toddler
program
and
a
three
to
six
classroom
or
separate
campuses,
and
we've
never
been
able
to
find
a
property
that
that
works.
So
last
year
we
decided
that
our
home
would
be
a
good
spot
for
the
three
to
six
class.
Z
C
Hey
that's
thank.
G
G
Q
R
N
R
J
F
Thank
you
for
clarifying
I
just
have
a
couple
questions
just
for
for
clarity.
There
was
a
note
or
two
and
the
staff
analysis
on
this,
and
it
is
24
rather
than
8.
Students
8
is
existing
in
24
s.
The
proposed
is
there
on
this
approval.
Is
there
any
kind
of
restriction
that
comes
with
that?
That
holds
it
at
24
or.
U
F
And
just
one
thing
for
the
applicants
when
we
got
our
application
packets
for
all
these,
it
was
about
this
big
by
that
big
and
I
will
say
looking
through
and
seeing
this
you,
you
really
made
my
day.
That
was
one
of
them.
That
was
such
a
great
thing
of
all
the
controversial
things
we
see
to
see
something
that
was
colored
like
that
made
me
smile.
It
makes
me
smile
again
today,
so
just.
O
Z
We
won't
go.
We
won't
have
more
than
24
students
at
this
location
because
of
the
size
of
the
building
and
in
Montessori
we
want
to
have
more
square
footage
per
child
instead
of
less
so
we,
it
just
wouldn't
make
sense
to
have
more
than
24
children
in
that
space
and
actually
we'll
probably
have
20
to
22
children
there.
But.
O
A
A
Z
J
A
H
Mr.
chair,
based
upon
the
evidence
presented
to
this
board,
including
the
following,
exhibits
the
petitioners
application
the
submitted
development
plan,
GIS
maps,
the
staff
report,
the
findings
of
fact
work,
speed.
Testimony
presented
at
this
hearing,
I
moved
this
board,
adopt
the
following
findings
of
fact:
one
through
six,
seven,
a
inclusive.
We
have
a
motion.
A
D
A
H
A
A
U
I
I
I
J
Okay,
so
I
will
do
a
brief
summary
of
this
project,
so
this
is
only
public
hearing
2020
to
overlook
Planned,
Unit
development,
the
addresses
of
the
properties,
the
number
of
properties
ability,
there's
one
two,
three
four
five
or
six
properties
involved
in
this
application.
109
and
111
overlook
road,
24,
25
and
50
Dell
Chester
Lane,
the
owner
of
the
property,
is
e.
W
finance
LLC
represented
by
mr.
David
Moritz.
The
applicant
is
Church
Street
company,
which
is
represented
by
mr.
Dillo
CH
25
acres
site,
it's
zoned,
R,
2
residential.
J
Currently,
a
vacant
property
I
think
there's
one
single-family
home
on
the
site
and
it
is
served
by
public
water
in
public
sewer.
This
public
hearing
was
properly
advertised
in
accordance
with
Buckham
county
code
and
north
kennedy
no
statutes,
and
I
would
ask
that
all
applicant
and
staff
materials
as
presented
be
accepted
under
the
record
as
evidence.
Y
J
The
applicant
is
proposing
a
total
of
80
townhome
units,
which
would
those
units
will
be
contained
in
40,
duplex
structures,
I
believe
similar
to
the
previous
applications,
they're
proposing
a
10-foot
setback
from
the
adjacent
property
boundaries
that
would
that
would
contain
those
units
with
a
firewall
between
the
townhome
units
in
the
middle.
So
they
would,
it
would
be
zero
setback
home
in
the
center
and
then
10-foot
setbacks
on
the
perimeter
and
from
the
edge
of
the
right-of-way.
J
J
If
the
board
were
to
choose
to
approve
this
staff,
does
recommend
the
number
of
conditions.
I'll,
just
read
those
briefly
that
NCDOT
driveway
permit
be
issued
prior
to
construction.
All
number
one
addresses
be
assigned,
stormwater
and
erosion
control
permits
be
issued.
I
had
suggested
a
traffic
signal
I'll
just
make
note
that
that's
in
the
recommended
conditions-
and
that
was
based
on
what
I
read
in
the
applicants-
materials
I'm,
not
sure,
that's
relevant
anymore,
so
I'll,
let
the
OP
gonna
get
and
clarify
that
point.
J
AB
And
starting
where
you
left
off
there,
we
are
fine
and
except
the
first
one.
Two
three
four
recommendations
from
staff
comments
on
conditions
and
as
modified
by
Mark
Brooks
is
testimony
that
will
come
the
fifth
one
regarding
the
traffic
signal
will
be
modified
to
agree
to
whatever
NCDOT
requires
us
to
do,
will
do
and
I
think
that
will
be
more
clear
once
more
gets
up.
As
our
traffic
engineer
and
expert.
AB
As
the
attorney
for
the
applicant
I'm
here
really
just
to
walk
us
through
this
process
to
talk
about
what
evidence
we
have
and
to
show
where
we
meet
the
requirements
for
the
CU
p
and
PUD
application,
I
have
with
me
the
developer
here.
Church
street
company
and
george
deloach
I
have
with
me
mark
Brooks
and
Brooks
engineering
who's.
Our
engineer
on
this
project
and
I
have
Colin
Kent
and
who
is
our
traffic
planning
and
design
engineer
and
consultant.
This
is
a
piece
of
property.
AB
That's
come
through
the
county
a
couple
of
times
it's
previously
been
approved
for
more
than
twice
the
density,
we're
asking
for
this.
This
morning,
the
previous
application
was
more
than
three
times
the
density
that
is
being
requested
in
this
application.
We
knew
that
we
needed
to
treat
this
one
correctly.
We
knew
that
this
is
in
a
a
high
traffic
area.
We
knew
this
is
in
a
high
population
district.
AB
So
what
we
did
was
we
met
with
staff
early
well
before
we
plant
filed
application
and
before
filing
the
application
we've
out
the
neighbor
group
based
on
recommendations
from
staff
and
based
on
recommendations
from
the
neighbor
group
that
had
been
identified
from
the
previous
rezoning
applications
that
attempt
at
this
property.
We
then
submitted
our
application.
We
met
again
with
that
neighbor
group.
The
first
meeting
was
in
November
prior
to
applications.
Second
meeting
was
on
December
16th.
AB
We
met
for
a
third
time
with
that
neighbor
group
on
January
27
and
a
fourth
time
when
that
neighbor
neighborhood
group
on
February
4.
We
made
our
engineer
available.
We
made
our
developer
available.
We
made
the
owners
the
property
available.
We
made
our
traffic
engineer
available.
We
met
neighbors
on
site
to
walk
through
it.
We
realized
that
there
was
a
second
group
that
had
formed.
We
tried
to
attend
their
meeting
and
were
told
not
to
show
up.
We
invited
them
to
our
neighborhood
meetings
and
asked
for
their
input.
AB
We
really
did
want
and
do
want
neighborhood
input
for
this
project
to
to
be
quite
clear.
We've
been
as
inclusive
as
a
developer
developer.
Possibly
can
from
staff
and
from
the
neighborhood
discussions
we
realize
that
there
are
a
couple
things
that
we
need
to
pay.
Particular
attention
to
one
was
making
sure
that
the
density
matched
up
with
the
surrounding
neighborhood,
so
we
were
looking
at
a
lower
density.
Again,
we
are
three
units
per
acre.
AB
The
allowable
maximum
density
is
12
units
per
acre,
so
roughly
25
percent
of
that
we
knew
that
the
surrounding
neighborhood
wanted
to
minimize
grading.
We
knew
that
they
want
to
minimize
tree
removal,
so
we
took
very
careful
care
in
our
application
in
our
site
plan
to
do
that.
The
zoning
use
that
we're
proposing
the
townhomes
is
an
allowed
Sonnen
use,
but
requires
a
CU
p
and
the
PUD.
That's.
Why
we're
here
this
morning
in
addressing
those
into
those
three
things
that
we
had
identified
start
with
the
lower
density?
AB
Again,
the
maximum
is
12
units
per
acre,
ours
is
about
three
units
per
acre
or
80
units
spread
over
the
26
acres.
Previously
approved
was
more
than
twice
than
that
and
the
last
application
that
came
before
you
was
didn't
reach
here,
but
the
last
application
that
came
before
staff
was
more
than
three
times
that
today,
we've
been
amaz
degrading
by
clustering.
AB
I
do
have
resumes
for
mark
Brooks,
our
engineer
and
Colin
Kenton,
who
is
our
traffic
engineer,
will
be
introduced
in
those
Revit
resumes
and
I'll
pass
those
up
and
hand
them
out
and
based
on
that
and
based
on
their
experience,
we'd
like
to
offer
them
up
as
experts,
if
counsel
needs
to
cross-examine
or
otherwise
provide
infirmity
information.
On
that
we're
happy
to
do
that,
I
mean
those
up.
If
I
may.
AB
Mark
Brooks
is
a
civil
engineer
with
Brooks
engineering
associates
in
Nashville
his
19
years
of
experience
as
a
civil
and
environmental
engineer
as
manage
multiple
residential
development
projects
in
the
area.
A
sampling
of
those
are
on
the
resume
and
CV
that's
been
counted
out.
Colin
Kenton
sent
to
my
left
is
project
manager
for
TPD,
which
is
traffic
planning
and
design
which
is
based
here
in
Nashville
his
27
years
of
experience
as
a
traffic
and
transportation
engineer
and
he's
the
one
who
completed
the
traffic
impact
analysis
for
this
project.
AA
AA
Unfortunately,
the
landowners
had
a
different
project
in
mind.
They
thought
that
the
project
could
be
developed
before
density
and
understandably,
they
wanted
to
maximize
it
price.
But,
as
you
all
know,
developers
who
have
come
in
with
proposals
for
significantly
more
density
have
been
unsuccessful.
So,
fortunately,
for
me
the
deal
came
back
around.
AA
We
were
able
to
figure
out
a
way
to
make
the
deal
work
by
actually
retaining
those
single-family
homes
that
Derek
referred
to
it.
So,
instead
of
buying
I
think
it's
a
total
26
acres,
we're
buying
more
like
21
acres
and
we're
retaining
it's
actually
I,
think
there's
six
homes
on
five
parcels
that
they
will
retain
the
plan
that
we
came
up
with
after
meeting
with
the
neighbors.
Actually
as
early
as
October,
we
believe
is
the
best
way
to
develop
this
site.
It
mitigates
land
disturbance.
AA
AA
For
literally
decades,
the
first
project
I
developed
in
1993
I
still
own,
we
compete
it's
in
Burlington.
We
compete
with
the
very
newest
properties
in
that
market
at
the
very
top
of
the
market,
because
our
property
has
zero
deferred
maintenance.
The
landscaping
is
very
well
maintained
and
obviously,
at
this
point
very
mature,
we
that's
just
the
way
we
do
things
it's
going
to
be
a
quality
community.
AA
AB
A
A
AC
AC
G
AC
Ewo
is
a
total
of
twenty
five
point:
nine
nine
acres
so
with
regard
to
the
you
know
and
and-
and
the
applicant
here
is
opposing
eighty
proposes
townhome
units,
so
the
density
is
described
on
the
application
that
could
be
viewed.
As
you
know,
one
or
two
ways:
it's
either.
You
know
eighty
six
units
divided
by
the
entire
twenty
five
point:
nine,
nine
acres,
which
is
three
point.
AC
AC
Is
what
it
is,
but
it
depends
on
how
you
want
to
view
that,
as
a
matter
of
record
again,
either
of
these
significantly
well
below
the
twelve
units
per
acre.
Allow
rezoning.
So
that's
that's
one
of
the
corrections
and
what
we
just
handled
out
the
existing
homes
that
are
there
as
mentioned
or
to
remain
with
the
existing
owners.
AC
With
regard
to
the
setbacks
are
two
setbacks:
are
a
20
foot
front
setback,
10,
foot
side,
20,
foot
rear?
We
do
maintain
the
10
foot
side
and
20
foot
rear
setback
throughout
the
development.
We
are
requesting
that
the
units
be
able
to
be
placed
right
up
to
the
right
away
line
and
again,
that
was
in
an
attempt
and
really
a
reaction
to
the
community
meetings
to
minimize
the
overall
disturbance
and
overall
footprint
of
development
retain
as
many
trees
as
possible.
What
that
effectively
does
is
since
there's
houses
on
both
sides
of
the
street.
AC
It
narrows
that
entire
development
corridor
right
from
back
a
house
to
on
the
high
side
of
the
of
the
road
to
the
back
of
the
house
on
the
low
side
of
the
road.
If,
with
20
foot
setbacks
on
both
sides,
that
would
add
40
feet
plus
some
quite
frankly
because
having
a
tie
integrating
on
both
ends
slope.
So
it
would
significantly
increase
their
overall
disturbance
if
we
were
to
meet
the
20
foot
front.
Setback.
AC
The
duplexes
are
shown
on
individual
Lots,
so
the
proposed
project
does
that
it's
a
ultimately
will
be
a
40
lot
subdivision.
The
reason
for
that,
it's
not
so
mr.
dillert
can
convey
duplexes,
but
it
is
simply
to
be
able
to
facilitate
a
more
residential
building
code
with
the
construction
of
the
units
per
early
comments
from
the
neighbors
we
did
shift.
All
the
prior
proposals
had
the
entrance
to
the
project
coming
in
where
the
current
driveways
exist
on.
AC
What's
the
end
of
the
road
Dale
Chester
Road,
coming
in
where
del
Chester
Road
intersects
overlook
we
after
hearing
you
know,
the
comments
were
essentially
that
there
just
was
not
enough
time
to
come
over
the
hill
and
over
look
and
see
cars
exiting
on
Dale
Chester.
So
we
moved
the
interest
of
the
project
further
to
the
north
or
further
downhill
to
increase
the
sight
distance,
and
we
really
maximize
the
the
sight
distance
potential
coming
in
to
that
problem
from
anywhere
else,
and
this
was
done
it
no
minor
expense.
AC
AC
Traffic
signal
issue,
quite
frankly,
it
was
simply
a
mistake.
On
my
part,
I
take
complete
ownership.
Of
that
we
were
going.
I
was
going
through
an
early
draft
version
of
the
traffic
study
with
mr.
Kenton
right
before
we
made
application.
There
was
some
discussion
about
some
some
signals
being
needed,
but
not
at
the
intersection
of
this
project
and
everlook
Road.
E
AD
G
Y
Y
Y
Y
Y
AC
AA
X
AC
Q
N
AC
AC
O
O
N
AE
R
N
X
O
O
V
Z
O
A
AB
AC
AB
A
AD
The
traffic
impact
study
we
completed,
we
submitted
as
required
a
scope
of
the
study
to
NCDOT
for
their
approval
and
received
their
approval
back
at
the
at
the
end
of
October.
This
NCDOT
procedures
and
scope
follow
a
detailed
methodology
for
analysis
of
traffic
impacts,
which
we
followed.
The
first
off.
We
collected
traffic
data
in
October
17th
in
2019
on
a
Thursday
we
collected
traffic
during
the
a.m.
peak
hour
between
7
a.m.
and
9
a.m.
and
then
in
the
p.m.
to
include
the
school
traffic.
We
collect
the
data
from
2:30
p.m.
till
6
p.m.
AD
from
that
we
analyzed
three
peak
hours
the
morning
peak
hour,
the
peak
hour
during
school,
being
let
out
in
the
afternoon
and
in
the
PM
peak
hour.
The
trip
generation
for
the
proposed
eighty
townhomes
is
a
very
low
trip,
generator
so
anticipated
to
generate
39
trips
during
the
a.m.
peak
hour
and
then
48
trips
in
the
PM
peak
hour,
and
that
is
a
mix
of
entering
and
exiting
traffic.
AD
Total
daily
trips
are
586
daily
trips
entering
and
exiting
the
site.
We
analyzed
the
intersections
of
over
look
at
Hendersonville
Road
and,
during
the
a.m.
peak
hour,
we're
adding
twenty
six
trips
to
that
in
26
vehicles
to
that
intersection
for
a
less
than
1%
impact
and
in
the
PM
we're
adding
31
vehicles
to
that
intersection
for
a
less
than
1%
impact.
We
also
studied
the
intersection
of
overlook
at
pin,
shot
and
spring
side
during
the
a.m.
we're,
adding
a
total
of
13
vehicles
during
the
a.m.
AD
peak
hour
for
still
less
than
1%
impact
and
in
the
PM
peak
hour
we're
adding
a
total
of
16
vehicles,
which
has
a
1.4
percent
impact.
We
also
did
analyze
the
site
drive
and
currently,
the
traffic
study
which
was
submitted
to
NCDOT
is
under
their
review
for
their
review
and
recommendations
back
to
us.
AF
A
At
this
time,
I'd
probably
just
make
sure
we
ask
our
due
diligence
questions
as
far
as
being
an
expert
I,
don't
believe
that
you've
been
admitted
as
an
expert.
Yet,
though,
I
didn't
have
you
fairly
applied
your
training,
expertise
and
education
to
the
facts
as
presented
to
you
and
with
respect
to
this
case
and.
A
G
A
A
Enough
generally,
what
we'd
like
to
do
is
hear
from
the
public
and
I'm
guessing
most.
The
people
left
are
here
for
a
reason
make
it
a
show
of
hands
of
who
intends
to
speak
all
right,
so
we'll
go
ahead
and
call
each
one
of
them
as
witnesses.
First,
give
you
a
chance
to
cross-examine
them.
If
you
see
fit,
you
do
not
have
to
again.
A
AF
This
will
be
less
than
two
minutes
and
shut
me
down
a
fine
night
of
wine,
but
it
is
regarding
traffic.
I.
Think
functional
concerns
are
you've,
got
two
phases:
what
is
the
construction
phase
and
then
one
is
the
subsequent
public
use,
phase
and
I'm
concerned,
because
overlook
is
a
what
lane
each
direction,
narrow
road
elevation
changes
and
it's
really
not
set
up
for
merging
I've,
already
better
emergency
vehicles
coming
and
going
and
how
that
would
be
inhibited
both
during
construction
and
afterwards
and
the
school
zone
and
the
rush
hour
use
I.
AF
Think
is
a
concern
too,
because
I'd
say
that
that
road
is
sort
of
this
primary
access
road
there
aren't
alternatives
to
it.
So
I
think
anything
that
slows
down
traffic
is
is
to
be
considered
in
terms
of
the
overall
public
good.
So
it's
a
public
good
issue
and
then
thirdly,
I
don't
know
if
the
road
itself
is
built
to
handle
the
load,
capacities
of
clearing
and
construction
in
those
kinds
of
things,
because
it
is
a
narrow
one
leg
not
well
lit
it
night
kind
of
place,
so
I
think
there
multiple
public
concern
issues.
A
AB
Chair
for
I'll
try
to
keep
this
as
informal
as
possible,
but
for
the
purposes
of
that
testimony
and
as
a
continuing
objection,
we
would
object
to
anything
that
would
necessarily
require
any
kind
of
engineering,
expertise
in
the
traffic
areas,
well,
symbol,
engineering,
environmental
engineering,
etc
and
again
I'll
try
to
to
keep
down
on
that,
but
that
that
will
be
a
continuing
objection.
I'll
leave
it
up
to
your
county
attorney
and
the
board's
discretion
on
how
much
of
that
to
let
go
so.
A
I,
your
objection
is
noted
and
direct
the
board
not
to
consider
the
portions
of
that
that
speak
text
for
testimony
with
respect
to
the
portions
that
kind
of
took
the
form
is
an
inquiry
as
to
the
public
good
element
of
the
ordinance
that
part
I
will
give
you
an
opportunity
to
respond
to
you
because
I
think
that's
a
valid
question
to
ask
I'll
be
at
you:
you're,
not
obviously
able
to
testify
to
the
traffic
itself.
I
do
think,
there's
a
question
in
there.
That
is
certainly
just.
A
Thank
you,
you
have
any
questions
for
this
witness
mr.
Allen
I
do
not
all
right.
Thank
you,
sir,
and
again,
ladies
and
gentlemen,
as
you
come
up
and
speak,
mr.
Allen
is
an
attorney.
He
has
a
job
to
do
with
respect
to
objecting.
So
if
he
objects
each
time,
he's
not
being
rude,
he's
doing
exactly
what
sir
than
his
rights
and
what's
prudent,
to
do
for
the
record
here
and
we'll
make
a
ruling
on
every
objection
that
he
makes.
I
N
A
AG
I
I
AG
I
AG
Really
have
a
couple
of
question:
that's
which
I
didn't
see
you
dressed
yet
and
and
I
look
at
the
plans.
The
plan
for
the
subdivision
and
I
I
don't
see
a
lot
of
elevations
on
there.
It's
hard
to
tell
I
have
questions
about
where
it's
going
to
drain
I've
seen
storm
techs
on
the
plans,
detention
systems,
but
is
that
going
to
be
further
vetted
and
to
assess
how
much
water
is
going?
Where
is
it
going
to
drain
to
Dingle
Creek?
Is
it
going
to
drain
over
the
road?
A
J
Sorry,
yes,
sir,
a
good
question
so
assuming
this
project
does
get
approved
today,
the
next
step
for
the
applicant
would
be
to
submit
a
fully
engineered
site
plan
that
includes
all
the
stormwater.
The
proposed
stormwater
control
systems
for
the
site,
the
county.
We
have
on
staff,
mr.
Mike
Goodson
who's,
a
licensed
civil
engineer
and
he's
our
stormwater
program
manager,
so
he
reviews
and
either
approves
or
denies
all
stormwater
applications.
AB
It
the
only
thing
that
I
would
add
to
that
is
staff
has
suggested,
and
we
have,
of
course
accepted
to
have
two
conditions
to
our
development
that
have
to
happen
if
this
is
approved
and
that
is
applicant
shall
obtain
stormwater
permit
approval
prior
to
issuance
of
permits
for
construction,
and
the
applicant
shall
obtained
erosion
control,
permit
approval
prior
to
issuance
of
permits
for
construction.
So
this
isn't
last
step
one
eat
in
one
of
those
items.
U
AG
And
that
brings
up
another
question
overlooked
road
I'm
told
this
is
State
Road
and
although
it's
a
more
maintained-
and
it
doesn't
really
have
a
storm
drainage,
it's
for
its.
The
erosion
ditch
is
a
good
part
of
it.
Some
of
it
is
a
minimal
work
done
on
it
and
our
the
our
sidewalks
and
stormwater
management
structures
going
to
be
on
overlook
road
outside
this
development
work
drains
to
like
curb
and
and
curbing
that's
there's.
AC
AG
Then
it
drains
to
detention
systems,
that's
what
it
looked
like,
I,
just
couldn't
tell
which,
which
part
of
it
drained,
which
way.
I
have
a
second
question
about
the
undeveloped
parcels.
Long
overlooked,
Road
that
are
kind
of
buffer
the
this
project
from
overlook
road.
Are
they
going
to
be
developed
in
the
future?
AC
Think
he's
referring
to
the
parcels
that
would
be
retained
by
ewo
finance,
and
so
those
will
be
retained
by
the
current
owner.
They're,
not
part
of
mr.
DeLuca's
project.
I
think
the
intention
is
for
them
just
to
remain
as
rental
houses,
single
family
rental
houses
as
they
are
currently,
but
you
know
their
future
plans.
I
can't
I
can't
st.
AG
Okay,
so
that
buffer,
that
really
can't
be
that's
considered
as
a
future
permanent
buffer
for
this
project,
at
least
because
those
Lots
can
still
be
developed.
Okay
and
I
have
I,
don't
know,
disappeared,
we'll,
try,
it
I
live
there
as
property.
Many
people
who
are
here
outside
the
project
do
and
traffic
their
backs
up
past.
AG
AG
AD
AD
AD
A
Going
to
ask
just
for
efficacy
and
fairness
to
say
that
we
take
any
questions
about
what
the
do
team
may
or
may
not
be
doing
to
kind
of
a
sidebar
I,
don't
object
to
you
having
a
conversation
outside
the
room,
but
at
this
point
as
to
this
hearing,
specifically
I
was
hoping
to
hear
from
the
public
at
large
about
the
remaining
issues
here.
Correct.
D
You
and
mr.
chair
a
point
of
order.
I
haven't
heard
any
objections
from
the
applicant,
so
I
think
that
I
can
leave
this
in
the
applicants
to
stretch
discretion
to
object
further,
but
I
think
it's
important
for
the
board
and
the
public
to
remember
that,
while
the
board
wants
to
hear
public
in
public
concerns
and
and
relevant
testimony
about
this
project,
anyone
speaking
is
limited
to
giving
only
relevant
testimony
and
only
people
with
standing
can
appropriately
cross-examine
the
applicant.
D
That's
something
that
if
it,
if
it
happens
without
objection
from
the
applicant
I,
think
that
that
that's
okay,
general
questions
to
the
staff
about
the
process,
I
think
it's
helpful
for
those
to
be
answered
to
an
extent.
But
we
have
been
in
here
at
times
where
we've
gotten
to
five
and
six
o'clock.
So
if
we
could
keep
the
scope
narrow
and
get
the
really
pertinent
questions
to
this
application
and
the
relevant
testimony,
I
think
that
would
be
in
everyone's
interest.
Thank.
AB
You
counselor
and,
to
that
end,
I
had
that
in
my
general
comments
that
was
going
to
do
it
at
the
end.
I'll
go
ahead
and
put
that
end.
I
do
have
a
general
objection,
standing
objection
on
standing
grounds
to
anyone
who
is
not
immediately
adjacent
as
a
neighbor
to
the
property
and
we'll
leave
that
as
a
standing
objection
on
standing.
If
that's
fine
counsel,
I
think.
A
For
many
reasons
that
we've
had
over
the
previous
two
hearing
standing
is
something
we're
very
well
versed
in.
Unfortunately,
I,
don't
know
that
we
can
do
a
standing
objection
without
knowing
what
parties
are
attempting
to
assert
standing
at
this
time.
I
think
we'd
have
to
address
that
on
a
case-by-case
basis
for
due
process
reasons,
but
thus
far
I've
not
heard
anybody
argue
standing
so
I
will,
unless
you
affirmatively,
submit
standing
I
will
treat
it
I.
A
I
will
just
say
generally
it's
difficult
for
people
to
pay
attention
to
hours
with
testimony
we've
been
here
until
about
nine
o'clock
before
so.
Do
with
that
information,
what
you
will
I
I
cannot
put
a
cap
on
the
amount
of
time
that
someone
speaks,
but
we
are
human
being
so
do
without
what
you
will.
I
AH
An
officer
with
the
Blake
mountain
HOA
and
I've
got
questions
rather
than
comments.
Actually
one
question
is:
we've
been
told
that
as
many
trees
as
possible
will
be
maintained,
but
I
noticed
there's
no
parameters
around
that.
Have
you
used
a
certified
arborist
to
work
with
you,
while
you're
doing
construction,
because
construction
will
affect
even
trees,
left
standing
and
is
there
any
guarantee
going
forward
to
the
neighborhood
that
the
lot
will
be?
What
is
as
many
as
possible
mean
question
number
one
and
that's
my
only
question
about
trees.
Question
number
two
involves:
can.
A
N
AB
A
I
I'm
sure
our
staff
attorney
is
much
more
well-versed
and
being
able
to
articulate
this
better
than
I.
Despite
my
cursory
knowledge
of
the
law,
if
you
want
to
ask
a
question
you,
you
should
probably
start
standing
if
you
want
to
do
that.
I
can't
help
you
through
that
process,
but
that
would
be
the
only
way
in
which
we
could
here
kind
of
a
back
and
forth
cross
examination
situation
that
you're
offering
well.
AH
A
D
A
Will
say:
ma'am,
given
what
you've
said
so
far,
I
have
no
interest
in
expediting
this
I
want
to
give
you
and
the
represent
organization
that
you
represent
the
adequate
opportunity
to
ask
any
questions
that
you
have.
So
if
we
would
say
it
might
be
a
perfect
at
this
point
just
to
share
the
test
for
standing
with
her.
So
she
can
know
exactly
we're
at
in
terms
of
even
alleged
and.
A
D
Okay,
it
could
be,
it
could
be
helpful
for
the
public
as
well.
Okay-
and
this
is
going
to
be
slightly
a
bridge
from
the
exact
statute
as
and
I'm,
going
to
use
a
shorthand
just
homeowners
association,
there's
there's
a
larger
definition
which
I'll,
read
and
incorporated
or
unincorporated
association
to
which
owners
or
lessees
of
property
in
a
designated
area
belong
by
virtue
of
their
owning
or
leasing
property
in
that
area,
or
an
association
otherwise
organized
to
protect
and
foster
the
interests
of
the
particular
neighborhood
or
local
area.
I.
D
D
AH
D
AH
AH
A
AH
I've
asked
the
tree
question
and
I'll
go
on
to
the
traffic
questions
which
have
been
discussed
a
great
length
among
neighbors
of
this
proposed
development
and
I
have
to
say
that
we're
realistic
about
the
fact
that
it's
a
property
that
is
certainly
eligible
to
be
developed.
This
proposal
is
probably
the
most
rational
one
that
we've
heard,
and
yet
we
continue
to
think
that
a
number
of
significant
questions
have
not
been
taken
into
account
and
I
will
limit
them
to
three
at
the
moment.
AH
AB
AH
The
study,
taking
into
account
the
increased
incidence
of
delivery
trucks
of
guests
of
handymen
and
landscapers,
particularly
given
the
fact
that
the
developer
has
spoken
to
the
fact
that
they're
very
attentive
to
maintenance
and
to
emergency
vehicles,
since
there
are
no
shoulders
on
any
stretch
of
overlook,
except
down
by
the
library
on
the
opposite
end.
Secondly,
has
it
looked
at
the
impact
on
Hendersonville
Road,
where
yesterday
at
I
know
that
this
is
purely
my
own
observation?
There
were
42
cars
waiting
to
make
the
turn
at
Hendersonville
Road
and
overlook.
AH
AH
People
coming
out
of
that
development,
particularly
at
a
traffic
light
which
we
understand
is
now
in
this
situation,
trying
to
make
a
left
turn
toward
Hendersonville
Road
are
going
to
be
confronted
with
cars,
powering
up
the
hill
from
Hendersonville
Road
itself,
and
also
coming
down
the
right-hand
lane,
which
they're
going
to
have
to
turn
into
to
be
able
to
make
the
left
turn
to
go
to
Henderson
Road,
it's
going
to
impact
the
development
as
well.
It
detects
the
bus
and
those
are
my
comments.
Thank.
AH
A
A
AI
L
AI
Of
obviously,
our
main
concerns
is
the
traffic
situation
and
I
want
to
address
that
first
and
foremost,
I'm
sure
staff
and
the
Commission
is
aware
that
one
of
the
biggest
traffic
generators
on
that
road
is
the
four
schools
that
exist
on
the
other
end
of
overlook.
Are
you
familiar
with
that
3,700
students
with
a
lot
of
car
pools
and
a
lot
of
obviously,
the
high
school,
has
students
that
travel
that
come
and
go
when
I
started?
AI
Reading
the
traffic
study
I
noticed
that
the
time
frame
seemed
a
little
unusual
at
the
corner
of
Overlook
and
Hendersonville
Road.
It
stopped
at
4:45
p.m.
now.
They
may
have
done
a
traffic
count
beyond
that.
So
I
went
dug
a
little
bit
deeper
and
is
the
staff
and
the
Commission
aware
that
that
October
17th,
that
Thursday
was
an
early
release
day
for
all
four
schools.
AI
AD
AB
A
AI
I
would
like
to
have
them
strongly
consider
the
impact
of
four
schools:
3,700
students,
their
parents,
car
pool
issues,
and
so
on
not
being
available.
Let's
say
early
release
would
put
them
approximately
1:00
p.m.
that
day,
not
to
mention
all
the
afterschool
activities
that
are
canceled
on
early
early
release
days,
so
no
sports,
no
clubs,
etc,
etc.
So
from
1
o'clock
p.m.
onward
there
would
be
virtually
no
activity
at
the
schools.
Objection
chair,
okay,.
N
AI
AI
AI
What
restriction
do
the
current
owners
have
to
come
and
add
density,
because
they're,
smaller
part
sizes
may
afford
them
the
opportunity
to
not
have
a
public
hearing
to
do
something
to
add
density?
And
you
know
apartments
not
just
duplexes
on
those
additional
part
whistles
that
are
kind
of
scattered.
D
AI
AB
AI
And
my
third
concern
is
the
building
height.
It
is
such
a
dramatically
steep
sloped,
property
and
and
I'm
in
the
building
business.
I
think
that
those
buildings
would
easily
exceed
the
32
foot
minimum
40
units
40
buildings.
Rather
that's
a
lot
of
buildings
that
are
going
to
be
built
on
steep
slopes
that
are
far
can
exceed
that,
based
on
my
expert
opinion
in
the
bill
in
business.
Objection.
AI
A
To
the
extent
that
we're
getting
into
anything,
that's
speculative
or
opinion-based
testimony
or
going
contrary
to
what
an
expert
is
said,
I
think
the
most
appropriate
form
of
testimony
would
be
that
in
the
form
of
an
expert,
if
you
are
submitting
to
have
expertise
in
a
specific
area,
I'm
happy
to
hear
that
and
I
think
that
would
be
appropriate
at
this
time.
Let.
AI
AB
K
A
You
thank
you,
ladies
and
gentlemen,
as
we
call
up
the
next
individual
again
I'll
just
kind
of
offer,
the
cursory
explanation,
the
quick
version
that
I'm
going
to
summarize
without
putting
you
through
all
three
years
of
law,
school
and
legal
practice.
It's
it's
very
difficult
to
offer
opinion
testimony
unless
you're,
an
expert
I
will
not
deny
anybody
the
opportunity
to
present
themselves
as
an
expert.
A
However,
I
think
what
we're
gonna
find
is
is
that
you're
going
to
it
is
objectionable
testimony
if
you
offer
an
opinion
and
you've
not
certified
yourself
or
tended
yourself
as
an
expert
in
the
field
in
which
you
plan
on
speaking
so
a
lot
of
stuff,
that's
speculative
about
traffic,
anything
speculative
about
what
this
is
going
to
do
effect,
crime
rates,
anything
about
engineering
standards
or
building
standards.
Those
are
generally
going
to
be
things
unless
they're
personal
observations
in
a
very
limited
way.
Those
are
generally
not
going
to
be
admissible.
A
I'll
hear
it
and
I'm
going
to
continue
to
hear
that,
because
I
want
to
hear
what
the
community
has
to
say,
but
we're
running
into
a
little
bit
of
the
legal
side
of
this
and
I.
Don't
want
anyone
to
feel
like
this
is
not
an
accessible
board,
but
I
have
to
abide
by
the
law
as
required
by
the
statute.
So
just
keep
that
in
mind
as
we
go
forward.
I
AE
I
do
hello,
my
name
is
Karen
Ferris
and
my
married
name
is
Karen
rose
and
I'm
very
much
opposed
to
the
zero
setback
request
being
made
today,
and
this
is
why
I
am
an
expert
in
this
field,
because
I
live
in
Blake
mountain
and
my
house
actually
will
overlook
this
site.
That
has
been
prospectively
chosen
to
build
on
objection.
AE
So
yes,
I
understand:
more
people
want
to
move
to
Buncombe
County
and
the
city
of
Asheville.
It's
been
voted
number
one,
one
of
the
top
ten
places
to
live
and
they're
very
beautiful
trees
and
mountains.
That
people
come
here
to
see
the
steep
slopes
which
are
on
fraidy
Mountain.
Fraidy
Mountain
is
the
name
that
was
given
to
this
mountain
of
which
this
site
exists.
It
is
full
of
trees
a
60
year
old,
not
an
arborist,
but
but
they
are
trees
that
are
very
tall,
60
feet,
70
feet.
AE
AE
AE
Trees
are
a
large
reason
why
we
moved
to
Asheville
from
New
Orleans
after
Hurricane
Katrina,
the
mountains
and
beauty
in
nature
give
asheville
its
top
ten
ranking
as
one
of
the
most
desirable
places
to
live,
and
it's
a
very
beautiful
topography
that
very
much
is
different
from
New
Orleans
for
sure,
unfortunately,
out-of-town
developers
and
their
team
of
investors
who
wanted
to
capitalize
on
this
beauty
as
well.
I
live
at
1,
1,
3
Galloway
in
Blake
Mountain
estates.
We
bought
the
LB
Jacksons
home.
AE
AE
AF
AE
AB
A
AE
AE
AE
Thank
you
for
hearing
me
out
and
for
ruling
on
this
matter
today.
I
deeply
respect
each
and
every
one
of
you
as
a
public
service
provider
and
the
sacrifices
that
you
and
your
families
make
for
you
to
be
on
this
board
and
I
really
appreciate
that
I
appreciate
and
respect
your
open-mindedness
and
listening
to
us.
We,
the
people
that
will
be
living
in
this
environment
and
around
this
proposed
area
and
who
enjoy
the
mountains
and
the
trees
that
are
there
now.
AE
This
mountain
is
our
mountains
are
softer
than
Colorado,
because
they've
been
worn
down
and
smooth,
but
fraidy
Mountain
is
still
standing
and
I'm
here
to
say:
I'd
like
it
to
stay
natural
with
an
open
heart
and
the
love
for
the
beauty
and
peace
I
feel,
and
you
feel
for
Asheville
I
humbly.
Ask
you
to
reject
this
developer's
request.
E
Yes,
I
believe
what
the
lady
is
kind
of,
where
she's
going
was
she
wants
time
and
for
an
attorney
to
assist
her
and
them.
We
went
through
this,
but
previously
how?
How
was
that?
How
does
that
go
into
this
flow?
I
mean?
How
would
that?
How
could
that
occur,
and
is
it
proper
and
is
it
what
more
is
needed
for
her
to
to
seek
a
continuance
or
something
like
that.
A
If
you're
seeking
a
continuance
you
have
to
have
standing
is
my
understanding
first
and
she's.
I
would
be
happy
to
hear
from
her
as
to
the
elements
of
the
statute
and
requirements
for
standing
that
mr.
Freeman
presented.
But
my
understanding
is,
you
can't
make
such
a
motion
unless
you
in
fact
have
standing.
Otherwise,
it's
kind
of
a
public
comment,
phase
right,
I,
remember
that
now.
E
A
AE
Right
across
Overlook
from
about
equal
word,
Dell
Chester
is
Dell.
Chester
is
a
very
time
there.
You
go
right
in
there
see
where
the
G
of
Galloway
is
I'm
right
there
under
that
G.
So
I
can
sit
at
my
dining
room
table
and
breakfast
table
and
I
look
out
and
I
brought
a
photo
today,
but
I
cannot
submit
it
because
it's
on
a
computer
but
I
can
see
all
the
entire
mountain.
With
this
winter
view,
I
see
the
treetops
and
it's
a
woods.
A
I
believe
the
next
most
salient
inquiry
would
be
the
element
of
special
damages.
That's
the
one
we
spend
the
most
time
on
in
previous
hearings
that
that's
correct,
that's
correct,
so
I
cannot
allege
for
you.
Special
damages.
Special
damages
are
something
that
we
require
before
we
could
make
a
determination
as
to
standing
for
you.
Do
you
have
anything
that
you'd
like
to
say,
as
the
special
damages
would.
D
Think
that
this
is
a
conversation
that
would
best
we
have
with
it
with
an
attorney
who
was
representing
you
and
could
apply
your
facts
I'm
happy
to
give
a
summary
of
what
may
constitute
special
damages.
I
offer
no
warranty
as
to
this
for
any
members
of
the
public
who
are
listening.
This
is
something
that
is
a
complex
area
of
law.
This
definition
is
derived
from
reading
many
Court
of
Appeals
and
Supreme
Court
cases
in
North
Carolina,
as
well
as
the
general
statutes,
is
a
very
general
note
to
constitute
special
giant
damages.
D
Damages
must
be
distinct
from
those
damages
to
the
public.
At
large.
Proximity
in
and
of
itself
is
in
facin
sufficient
to
grant
standing.
It
does
bear
some
weight
on
the
issue.
Property
value
is
a
factor
in
standing,
but
not
determinative
and
may
not
be
enough
on
its
own
additional
adverse
impacts.
Ie
some
secondary
impacts
need
to
be
shown
by
the
party
alleging
standing.
The
essential
element
is
a
credible
allegation
of
harm
to
use
and
enjoy
the
particular
piece
of
property.
Brandon.
E
And
in
a
previous
meeting
that
we
had
standing
was
established
for
the
people
that
were
on
the
the
other
side
of
the
road
from
the
development,
but
that
was
it
was
basically
was
it.
Was
it
their
primary
or
secondary
primaries?
The
old
it
was
that
basically,
their
only
way
they
had
it
affected
them
from
and
they
weren't
on
the
main
road.
They
were
on
a
road
right
across
from
it,
and
it
was
like
maybe
a
hundred
and
fifty
yards
or
some
thing
for
more
than
I'm.
D
E
D
I
think
that
what
the
courts
have
held
is
the
proximity
so
closeness,
whether
you're
right
next
to
it
or
pretty
close
to
it.
Just
proximity
in
general,
at
the
law,
I,
don't
think,
makes
a
distinction
other
than
proximity
is
that
it
is
it's
in
and
of
itself.
It's
not
sufficient.
There
still
needs
to
be
additional
adverse
impacts,
show
I,
think.
E
D
D
AE
E
A
AB
AB
AB
There's
been
no
allegations
regarding
special
damages,
not
under
any
case
that
I've
read
the
issues
that
we
have
heard
about
our
traffic
congestion
and
conservation,
type
issues
and
school
type
issues.
All
of
those
are
public
at
large
issues.
If
you
take
them
as
true
on
their
face,
which
again
we
don't,
but
if
you
take
them
as
true
on
their
face,
are
still
public
at
large
damages,
not
special
damages,
so
I
think
there's
been
no
showing
of
standing
at
all
are.
AE
AE
A
So
the
hard
part
about
this
and
I'll
share
this-
is
you
guys?
This
is
the
only
way
in
which
I
do
want
to
rehash.
The
previous
hearings
is
that
special
damages
need
only
be
alleged,
not
proven,
so
it's
difficult
to
offer
an
objection
as
someone
alleging
something
unless
there's
a
specific
basis
for
why
she
could
not
allege
something
that
would
be
special
damages.
She
doesn't
have
to
prove
it.
It's
my
understanding
at
this
stage,
I
think
we
spent
but
two
hours
on
that
question
alone
in
the
last
hearing.
D
A
AE
AE
That's
going
to
be
caused
to
me
and
to
my
family
and
to
my
community
with
one
and
a
half
years,
which
is
a
proposed
amount
of
construction
time
to
DeForest
and
grade
this
land
to
build
on
it
and
building
on
it
will
decrease
the
quality
of
my
life
and
my
habitat
that
I
own
and
I
live
on.
One
acre
that
was
developed
by
l.b
Jackson
and
he
developed
Blake
Mountain
and
it's
very
beautiful
with
single-family
homes
and
the
homes
are
valued.
AE
A
Did
you
can
bear
with
me
one
second
sure,
mine,
I,
have
a
legal
question
for
our
county
attorney.
I,
don't
know
is
doing
this
in
public
the
most
transparent,
clear
way
of
getting
a
legal
research
question
answered,
and
just
so
everyone
understands.
This
is
not
a
concept.
That's
lost
on
us.
I'm
I
do
this
for
a
living
and
I'm
still
in
active
discussions
with
the
School
of
Government
about
what
these
terms
mean.
A
So
this
is
not
something
that's
cut
and
dry
or
clear
here,
I
want
to
make
sure
you
get
it
right
and
we
had
I
think
three
hearings
at
this
point
on
just
this
issue:
I,
don't
I
think
because
we're
dealing
in
a
kind
of
vague
area
of
law
here
with
respect
to
special
damages
that
I
could
not
find
a
single
case
that
last
time
we
did
this
that
clearly
defined
exactly
what
special
damages
are,
but
we
have
a
lot
of
what
it's
not.
Is
that
a
fair
description
of
where
we
landed
last
session?
A
D
Think
that
it's
fair
to
say
that
the
this
is
an
issue
that
the
courts
have
wrestled
with
for
a
while
and
will
probably
continue
wrestling
with
I'm,
not
sure
that
there
is
ever
going
to
be
a
definitive
list
for
us
to
look
at
and
see
what
special
damages
are.
I
think
that
that's
one
reason
why
this
board
functions
as
a
quasi
judicial
body.
At
some
point,
a
judge
has
to
make
judgment
call,
and
essentially
this
board
sits,
sits
as
a
judge
in
a
courtroom
and
has
to
make
that
call.
D
D
Even
that
would
require
more
and
I'm,
not
sure
that
the
board
has
has
heard
that
that's
a
decision
for
the
board
to
make.
But
the
board
may
want
to
look
at
that
as
a
threshold
matter
is
before
going
back
in
determining
was
their
showing
of
property
values
or
would
such
a
showing
require
at
least
some
evidence
from
an
expert
in
the
field.
So
so
showings
I.
Don't
think
that
a
showing
has
to
be
an
expert
cross-examined
and
a
defendant
of
answer
made
as
to
whether
there
will
be
an
impact
property
damages
I.
D
E
D
I
think
that
again
that's
talking
about
a
past
case
and
and
I
don't
want
to
bring
past
cases
in
here,
but
case
has
come
to
this
board
and
all
shapes
and
sizes
in
an
all
order.
That
was
a
case
where
standing
was
an
issue,
and
everyone
knew
it
was
an
issue
at
the
outset.
I
think
standing
can
also
become
an
issue
at
a
later
date
later.
E
We
were
inquiring
if
they
had
standing,
wouldn't
it
be
appropriate
that
the
board
at
one
point
somewhere
in
this
discussion.
The
question
would
come
back
to
this
board
to
vote
to
determine
whether
or
not
whether
or
not
they
have
standing
wouldn't
be
the
board's
responsibility
to
determine
that
standing
and.
A
I
think
so
everyone's
clear
on
how
I'm
approaching
this
the
questions
I'm
asking
are
solely
to
determine
whether
or
not
there's
a
legal
basis
on
which
we
can
find
that
that
she
or
any
party
has
standing
and
I'm
doing
that
in
in
the
open,
as
best
I
can
and
plain
language
is
supposed
to
using
law.
So
everybody
can
kind
of
see
how
the
sausage
is
being
made
here.
A
We
can
do
that,
but
I,
don't
I'm
not
eager
to
override
something
that
the
Court
of
Appeals
has
said,
because
we
would
be
breaking
our
duty
and
sworn
oaths
to
to
follow
the
law
by
ignoring
legal
precedent
there.
If
there's
not
an
even
fine
everyone's
vote
as
you
see
fit,
but
as
best
I
can
tell
I'm
the
guy,
the
questions
that
were
asking
is
to
determine
whether
or
not
there's
been
a
sufficient
showing
and
that's
the
part
that
I'm
wrestling
with.
A
AH
A
Make
that
determination,
without
a
healthy
number
of
increases,
you're,
probably
seeing
the
reason
I'm
asking
her
these.
This
many
questions
is
because
that's
exactly
what
we're
trying
to
get
to
the
root
of
as
to
whether
or
not
other
parties
have
standing
that's
almost
kind
of
like
an
advisory
opinion
at
this
point,
based
on
what
little
I've
heard
from
them,
I.
AH
D
D
AH
D
I
think
that
your
standing
issue
has
already
been
addressed
by
the
board
and
I
believe
it's
closed.
It
would
be
up
to
the
board
to
to
reopen
that,
and
so
at
the
moment
no
I
do
not
believe
you
have
standing.
The
board
is,
is
currently
considering
another
standing
question
and
I.
Think
I
don't
want
to
speak
out
of
turn,
but
I
think
that
it
would
be
better
if
the
board
was
able
to
talk
to
the
current
witness.
Then.
A
I'm
not
going
to
be
one
to
deprive
the
public
from
speaking.
That's
something
that
I
think
we
have
good
legal
guidance.
We
cannot
do.
It
will
reconsider
that
for
you,
because
we
technically
never
reached
a
final
judgment,
call
there
beyond
the
interpretation
that
you
had
abandoned
it,
but
not
so
much
so
that
we
won't.
A
Let
you
make
the
argument
if
you
choose
to
do
that,
what
I'm
going
to
say
just
going
forward
is
that
I
cannot
should
not
and
I
probably
imagine
I
will
receive
an
objection
from
counsel
if
I
do
try
to
coach
someone
through
any
part
of
this.
That
is
not
our
role,
as
essentially
judges.
That
being
said,
I
will
hear
from
you
I
think
we
put
the
standard
out
there
as
clear
as
we
can
make
it
without
being
attorneys
for
either
side.
It
is
a
contested
topic.
A
It's
not
cut
and
dry
I
will
hear
arguments
from
both
sides
on
it
and
I
think
that's
about
the
best
that
we
can
do
here
in
terms
of
making
a
fact-based
determination
on
each
individual
persons
case
I'm
happy
to
hear
from
you
I'm
happy
to
hear
from
any
other
party
who
wants
to
start
standing
but
I
think
we've
we've
kind
of
expelled.
The
the
amount
of
legal
guidance
that
we
can
offer
without
getting
into
an
inappropriate
role
is
that
fair
all
parties
understand
where
I'm
coming
from
on
that.
A
A
For
the
public's
edification,
we
have
engaged
in
a
discussion
and
counseling
on
what
the
standards
are
in
a
way
that
runs
right
up
to
the
line
of
what
we
epically
are
allowed
to
do
within
the
state
of
North
Carolina
under
practice
of
law.
I
can't
give
you
a
more
clear
standard
or
guidance
in
the
law
than
counsel
for
the
board
has
already
done.
A
O
I
ask
one
quick
question
just
because
I've
now
my
head's
kind
of
getting
full
the
reason
that
we
are
trying
to
the
reason
that
this
whole
standing
came
about
rather
than
some
other
people
that
we
had
before
is
because,
if
I
understand
it
correctly,
she
was
asking
for
a
continuance.
Is
that
the
aunt?
That's
the
reason
that
we
didn't
have
this
same
issue
with
other
people
before?
Is
that
correct
that.
A
O
AE
Well,
since
I'm,
not
a
real
estate
expert
I
can't
make
a
determination,
because
this
project
has
not
been
built.
So
I
cannot
make
any
proof
that
my
property
values
will
be
decreased.
It's
completely
common
sense
that
if
you
have
one
acre
lots
with
beautiful
old
trees
across
from
a
high-density
apartment,
complex
objection.
AE
So
I
cannot
prove
damages
because
that
would
be
in
the
future
and
I.
Don't
have
any
evidence
to
show
on
that.
As
far
as
not
having
legal
representation,
I
would
like
to
have
the
opportunity
to
have
legal
representation.
If
that's,
what
I
need
to
be
a
qualified
person
to
stand
up
and
say
my
opinion,
but
I
do
live
right
across
the
street,
and
that
is
my
only
unique
perspective.