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Home My WebLink About20220142 Ver 1_CUP Application_20220321STATE ❑F NORTH CAROLINA COUNTY ❑F BUNCOMBE In the Matter of: ZPH2O20-00022 Property Identification Number 965642953800000 Busbee Road Planned Unit Development BEFORE THE BUNCOMBE COUNTY BOARD ❑F ADJUSTMENT ORDER THIS MATTER came up for hearing before the Buncombe County Board of Adjustment (sometimes hereinafter referred to as "Board") at its October 14, 2020 meeting upon application for a conditional use permit pursuant to requirements of the Buncombe County Zoning Ordinance. Based on the information and evidence presented and after hearing all the evidence, the Board hereby makes the following: FINDINGS ❑F FACT 1. William R. Buie, P.E., Project Manager/Principal, WGLA Engineering, PLLC, on behalf of Ryan Foster, Flournoy Development Group LLC, has applied for a Conditional Use Permit pursuant to the Zoning Ordinance of Buncombe County, Sec. 78-641(a) and Sec. 78- 678(b)(6) Conditional Use Standards, to establish a Planned Unit Development (Level 1) for a 841-unit residential development upon a 75.13 acre portion ❑f tax lot PIN(s) 965642953800000 (Unaddressed Property off Sweeten Creek Road, Buncombe County), 2. Said property owner is Biltmore Farms, LLC. 3. Said Planned Unit Development is located upon a 72.99 acre portion of the property that is located within the R-2 Residential Zoning District. A 59.91 acre portion of the property (referred to within the application and upon the site plan as Tract 4B), which is located in the R-LD zoning district wherein planned unit developments may not be permitted, and upon which the Applicant intends t❑ construct 11 (eleven) single-family residential structures, is not included within this Planned Unit Development. 4. At this hearing the applicant and affected property owners were all given the opportunity to offer oral and documentary evidence as well as submit questions to each other, County staff, and Board members. 5. Buncombe County Zoning Ordinance Sec. 78-677. - Procedure for obtaining a conditional use permit, and, Sec. 78-678. - Uses by right subject to special requirements and conditional use standards (b) Conditional use standards (6) Residential or mixed use Page 1 of 8 planned unit developments, of the Buncombe County Code of Ordinances were used to evaluate this request. 6. All required notices were sent, a sign was posted on the property, and a legal ad was published. 7. This application does meet the requirements for granting a Conditional Use Permit for the following reasons: a. Conditional Use Standards: This Board finds that the Conditional Use Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed CUP. ii. This Board finds that the Conditional Use Permit will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood of the proposed Conditional Use Permit, iii This Board finds that the proposed use will not cause or have adverse effects on surrounding properties due to noise, vibration, odor, or glare effects. iv. This Board finds that satisfactory ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, has been provided. v. This Board finds that the provision of off-street parking and loading areas where required, with particular attention to the items in section 78-658, has been provided. vi. This Board finds that adequate and proper utilities, with reference to locations, availability, and compatibility, has been provided. vii. This Board finds that buffering, with reference to type, location, and dimensions, has been provided; adequate buffering has been provided. viii. This Board finds that signs and proposed exterior lighting, have been appropriately designed with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district. ix. This Board finds that playgrounds, open spaces, yards, landscaping, access ways, and pedestrian ways, have been appropriately designed with reference to location, size, and suitability. Page 2of8 x. This Board finds that the buildings and structures have been appropriately designed with reference to location, size, and use. xi, This Board finds that the hours of operation have been appropriately designed with particular reference to protecting and maintaining the character of the neighborhood. b. Planned Unit Development Level I (PUDI) Standards: This Board finds that the land within the PIJD will be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) have been provided, such that the development can be successfully completed by the applicant. ii. This Board finds that the density is consistent with the intent of the district in which it is located and conforms to that permitted in the district in which the development is located. iii. This Board finds that the land uses are compatible with and does not violate the intent of the zoning district and do not disrupt the character of the community. iv. Minimum requirements. Minimum requirements for land development are as follows: 1. This Board finds that the minimum lot size and requirements for interior setbacks, as illustrated upon Exhibit A, which is attached hereto and incorporated herein by reference, do preserve the spirit and intent of this section and do comply with the density requirements for the zoning district with respect to the total development plan. The total development plan does comply with the spirit and intent of the ordinance. 2. This Board finds that building heights, which are in excess of the normal maximum height, do comply with the spirit and intent of this section with respect to the total development plan. The total development plan does comply with the spirit and intent of this section, and the proposed structures are not located within the Blue Ridge Parkway ❑verlay District. B. This Board finds that the minimum distance between buildings will be 20 feet to ensure adequate air, light, privacy, and space for emergency vehicles. Page 3 of 8 v. This Board finds that the development does provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping will be used for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multilevel buildings are located in such a way as to dissipate any adverse impact on adjoining low-rise buildings and do not invade the privacy of the occupants of such low-rise buildings vi. Perimeter requirements. Perimeter requirements are as follows: 1, This Board finds that the structures located on the perimeter of the development will be set back from property lines and rights -of -way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district. vii. This Board finds that the proposed parking does comply with the spirit and intent of this section. The total development plan does comply with the spirit and intent of this section. viii. This Board finds that the conveyance and maintenance of open space, recreational areas and communally owned facilities are to be accordance with G.S. 47-1 et seq. the Unit Ownership Act and/or any other appropriate mechanisms as specified, ix. This Board finds that the building envelopes are shown upon Exhibit A, which does depict the maximum expanse of the proposed footprint of the structure. S. The Busbee PUD shall, upon approval, be subject to the following conditions of approval: a. Transportation: i. Applicant shall submit an approved NCDOT driveway permit, prior the granting of construction approval by County Staff. ii, The approved NCDOT Driveway Permit shall be considered a condition of approval of the Busbee PUD. Such conditions shall include timing requirements as outlined by NCDOT. iii. 2 parking spaces shall be required for each single-family structure. All other parking shall be provided as illustrated upon Exhibit A. All parking shall be located outside of any road right-of-way. Page 4 of 8 iv. Multi -Family parking shall be as illustrated upon the Site Plan, which is incorporated herein and adopted by reference as Exhibit A hereto. b. Building Height: The maximum allowable building height shall be 57 feet as illustrated upon the Architectural Elevations, which are incorporated herein and adopted by reference as Exhibit B hereto. c. Planned Unit Development Acreage and Density: i. Planned Unit Development Area shall consist of those phases illustrated upon the Site Plan and summarized below: PUD TRACT ACRES SITE PLAN TRACT 1 18.29 SITE PLAN TRACT 2 26.67 SITE PLAN TRACT 3 11.34 SITE PLAN TRACT 4A 16.69 SITE PLAN TRACT 4B 59.91 TOTAL IN PUD 72.99 H. Planned Unit Development Density maximum density shall be as follows: TRACT ACRES DU DENSITY (DU/AC) SITE PLAN TRACT 1 18.29 315 17.22 SITE PLAN TRACT 2 26.67 211 7.91 SITE PLAN TRACT 3 11.34 0 0.00 SITE PLAN TRACT 4A 16.69 315 18.87 TOTAL PUD ACRES 72.99 841 11,52 ACRES ZONED R-2 72.99 841 11.52 R-2 ALLOWABLE DENSITY 12 Tract 4B shall be restricted to 11 single-family units upon 11 residential lots. d. Buffering, Tree Protection, and ❑pen Space: The Applicant shall establish a 20' wide, vegetated buffer along the entire perimeter of the project. The Zoning Administrator is authorized to exercise flexibility in the implementation of this condition to adjust for utilities and other potential conflicts. ii. At least 15% of the existing canopy trees within the R-2 zoned area must be preserved during and after construction. Prior to the issuance of erosion control and zoning permits for future construction, the developer shall provide Page 5 of 8 a landscape plan which identifies, delineates, and denotes trees to be preserved. Such trees shall be protected from damage due to construction in keeping with the best practices of the American Society of Consulting Arborists. iii. Approximately 154 acres that is located outside the Planned Unit Development and east of Tract 4B and whose ownership is retained by Biltmore Farms shall be restricted against future development as outlined in the September 21, 2020 letter from Biltmore Farms (Exhibit D). The Applicant shall furnish to the County staff a survey of the restricted acreage prior to construction activity commencing within the Planned Unit Development. e. Stormwater Management: i. Prior to issuance of zoning and other land development permits, the Applicant shall secure stormwater permits. ii. Ongoing compliance of such permit is a condition of this Conditional Use Permit. f. Erosion Control: i. Prior to issuance of zoning and other land development permits, the Applicant shall secure erosion control permits. ii. Ongoing compliance of such permit is a condition of this Conditional Use Permit. g. Addressing: Prior to issuance of zoning and other land development permits, the Applicant shall secure assignment of E911 property addresses. h. Violations ❑f these conditions shall be a violation of this Conditional Use Permit and of the Buncombe County Zoning Ordinance. 9. Violations: a. Violations of this Conditional Use Permit may be remedied in accordance with Sec. 78-583. Penalties for violations, and Sec. 78-584. Remedies for violations of article, of the Buncombe County Zoning Ordinance, and by other means as may be available under Buncombe County Code and the North Carolina General Statutes. b. Revocation: Page 6 of 8 The Zoning Administrator may petition the Board ❑f Adjustment for revocation of this Conditional Use Permit, ii. A petition for revocation shall be made in the same manner as provided for an original hearing. Evidence in support of the petition shall initially be limited to that which is necessary to enable the Board of Adjustment to determine whether there is an ongoing violation of this Conditional Use Permit, The petition shall be denied by the Board of Adjustment if from the record it finds that no violation persists. iv. The Board of Adjustment may, upon finding that a violation of this Conditional Use Permit persists, revoke this Conditional Use Permit. v. Upon revocation of this Conditional Use Permit, the Zoning Administrator shall effectuate the cessation of land development activity and the rescission of land development permits and other approvals deriving from this Conditional Use Permit. Therefore, based upon the foregoing Findings of Fact the Board hereby makes the following: CONCLUSIONS OF LAW 1, This Board has jurisdiction to hear and decide applications for Conditional Use Permits under the Zoning ❑rdinance of Buncombe County, North Carolina, 2, The proposed Conditional Use Permit will not adversely affect the health or safety of persons residing ❑r working in the neighborhood of the proposed use. 3. The proposed Conditional Use Permit will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. 4. The proposed Conditional Use Permit will conform to the requirements and spirit of the Buncombe County Zoning ❑rdinance. 5. This Board has found that all applicable standards within the Buncombe County Zoning Ordinance have been met. Now therefore based on the foregoing Findings of Fact and Conclusions of Law the Buncombe County Board of Adjustment hereby Orders as follows: Upon motion to approve the said application based upon compliance with the terms and conditions of the Zoning Ordinance of Buncombe County, North Carolina said application Page7ofS fora Conditional Use Permit is hereby approved by a vote of 6 to 0 of the voting Board Members present at the meeting. This 14th day of October, 2020. Buncombe County Board ❑f Adjustment Do -Cordell Chair Person (vic (eAae chairperson) Attest:,,. Haylee Madfis Clerk APPROVED AS TO FORM 1 1 andon Freeman ounty Attorney EXHIBITS: EXHIBIT A. SITE PLAN EXHIBIT B. BUILDING ELEVATIONS EXHIBIT C. RENDERINGS EXHIBIT D. SEPTEMBER 21, 2020 LETTER FROM BILTMORE FARMS Page 8of8 ZPH2O20-00022 BUSBEE ROAD PLANNE❑ UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 1 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 2 ZPH2O20-00022 BUSBEE ROA❑ PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 3 1PH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 4 2PH2O20-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 5 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 6 2PH2020-❑0022 BUSBEE ROAD PLANNED UNIT ❑EVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 7 ZPH2020-00022 BUSBEE RDA❑ PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 8 2PH2O20.O0022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 9 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 10 2PH2O20-00022 BUSBEE ROAD PLANNE❑ UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 11 ZPH2O2O-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 12 2PH2020-00022 BUSBEE ROA❑ PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 13 ZPH2020-00022 BUSBEE ROA❑ PLANNED UNIT ❑EVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 14 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT ❑EVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 15 ZP H 2020-00022 BUSBEE ROAD PLANNE❑ UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 16 ZPH2O2O-0OO22 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 17 ZPH2020-00022 I3IJSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 18 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 19 ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT A. SITE PLAN EXHIBIT A, PAGE 20 7PH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT B. BUILDING ELEVATIONS 1OIRr I No mil 1.1 4 — _F r� a 1-SOMO I ER !! ER;r • -.. .. .. .. .. .. .. .. i. Eft ..I 11.I .f II 1.l1 l:71 11 ` ■1 rfl 31�ilB' .Hots r US ./ .4 :I.1 Il .! .'1 AEI . •.I ..I' ... I i.w l w. wi w. w. .. .. .. .. ONES ..� .. 114P1r1-.iI .- I! 19 .515 8 •.9$ IRCIO NSKIZI11XVa1ii+aI�►:tif: et ft a 11%in IqI� UMM .. .. .M .a ■>11111 .iI ..I ■EI ..I / 11 r rl - 11 '.I I 1 .B5 01 • WHIP I1 ,I ..I ■.r Mil ..I ■.1 ..I ' ..1 ..I III ?^ .. .. .r --- i- t_ _ce �__ titi IONIMMNIMRMEME F!gi el 2 0 IiBil el.NSIGIPMVA&113_4SaMIiRkii w U Q Z w 0 Z R > s J =, LL J 0 D 2 W W 0 Z LU I— W tn 7 0 V EXHIBIT B, PAGE 1 ig ZPH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT B. BUILDING ELEVATIONS AVMS .t-AS .6-.ST 2. BUILDING 300 - EAST ELEVATION B 4, BUILDING 300 - EAST ELEVATION A ij. rL 2g 4 d ES hi 1+1 11.,.ew liElEt •••• • 11 — am me: •: 1r e.= +w l_. Cq [om j�p 1s 1a rig, li PM r I1111 II : EN ee ee ee ee ir EF.idI1+ KlERFIR • 3 EH t. BUILDING 300 -WEST ELEVATION 8 } 3. BUILDING 300 - WEST ELEVATION A W U Q a. MMZ L!� LIJ 1 1` W 4 0s • LL J Q W w 0 W UJ EXH1B[T B, PAGE 2 2P H 2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT B. BUILDING ELEVATIONS 1. BUILDING 300 - NORTH ELEVATION 7 g. g13 A3015 f .!•.03 BUILDING 300 -SOUTH E 4,40 . W cr 0 Z cc W 0 0 �o J „s ZW LLB` LU L LJ IX Z W I— W EXHIBIT B, PAGE 3 PAGE LEFT INTENTIONALLY BLANK ZP H2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT C. RENDERINGS RENDERIN 0 c U EXHIBIT C, PAGE 1 ZPH202O-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT C. RENDERINGS 1 z r �0 L) EXHIBIT C, PAGE 2 2PH2020-00022 BUSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT D. SEPTEMBER 21, 2020 LETTER FROM BILTMORE FARMS B1LTMORE FARMS" Fstathlislx:tl 1897 September 21, 2020 VIA HAND-DEL1VERY Nathan L. Pennington, CPA Buncombe County Planning Director 46 Valley Street Asheville, NC 28801 natban.pennington@! unconthccounty.org ltl.: 1 Id]L1itNOY DEVh_I.OPMMl NI COMPANY PUI) APPLICATION Dear Mr_ Pennington: Biltnrore Farms has entered into a conlraict with Flournoy Development Group, LLC ("Flournoy") to purchase approximately 132.9 acres along Sweeten Creek Road in Buncombe County ("Property"). Contemporaneous with this letter, Flournoy is submitting to Buncombe County a conditional use permit application to the Board of Adjustment for a PUD on the Property, consisting of a mixed -use project of multi -family dwelling units and single- family lots ("Flournoy Project"). Biltntnre Farms as owner of the Property has consented to the application. As part of lie conditional use pennttt application and as reflected on the site plan, Bilunore Farms agrees to restrict the use of approximately 154 acres adjacent to the Flournoy Project that it intends to retain ownership ("Restricted Area"). This Restricted Area will be perpetually and forever protected from all agriculture, clear cutting of trees, construction and development. The approximately 154 acres shall retain its current land classification (e.g. "Fnrmuy") as defined by the Buncombe County Tax Department as it is not included in the development site with hlounioy and will be restricted as set forth above. The Restricted Area will be restricted upon a simultaneous closing with Flournoy as tttl casement right appurtenant to the Properly, Obviously, approval of the conditional use permit is a condition of closing. Please consider this letter as part of the PUD application and provide a copy to Buncombe County Board of Adjustment. t i )Iv...Ir\,ll I;t Ill 4 ! t 111tdl NI I 1 It i111 � + I l( I { 1'I , r�ur 1 n'.ji+Lirian 7L,i:e 110,ITio. Yc- .1 .k11-i,k1T • PI) ,1.}i1:voitr, NC aI 1 1.'3 s7 • r9Muu. rQ •2N-2t11'•D • Pas: $.2S-2»'1.21'0 EXHIBIT D, PAGE 1 2PH2O20-00022 BIJSBEE ROAD PLANNED UNIT DEVELOPMENT EXHIBIT D. SEPTEMBER 21, 2020 LETTER FROM BILTMORE FARMS Nathan L Pennington, CFM September 21, 2.020 Page 2 We look forward to having the application considered and apprivcd at OL•c next available lit azd of Adjusttnent rneeting. Sincerely, rir i Galbraith ------� Vicr President, Community Development cc• Monnoy DeveloputFnt Group, LLC EXHIBIT D, PAGE 2