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April 28, 2025 | Buncombe County Board of Adjustment: Special Meeting Morning Session Correct

April 28, 2025 at 9:07 AM

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Event Recap

Meeting Overview On April 28, 2025, the Buncombe County Board of Adjustment held a special morning session to continue its review of ZPH2024-00026, a Special Use Permit (SUP) application for the Emma Road Townhomes project. The application, submitted by Justin Coulter of Gordon Road Capital LLC, proposes a Level 1 Planned Unit Development consisting of 107 townhome units at 815 Emma Road and adjacent parcels. This session marked the conclusion of the quasi-judicial hearing, which had been ongoing since a previous meeting on March 12, 2025.

Key Decisions The Board voted on three motions regarding the Emma Road Townhomes application. First, the Board voted 7-0 to pass the motion to adopt the Findings of Fact, determining that the application meets the requirements for granting a Special Use Permit. Second, the Board voted 6-1 to pass the motion to approve the Special Use Permit. Finally, the Board voted 6-1 to pass the motion to approve the Order for ZPH2024-00026.

Discussion Highlights The hearing featured extensive testimony from both the applicant’s team and opposing parties. On the applicant’s side, civil engineer Warren Sugg detailed site plan modifications, including the removal of a retaining wall, the addition of wooden fences, and sidewalks along the southern portion of the site. Traffic engineer Erin Govea presented a Transportation Impact Analysis concluding the development would operate at an acceptable level of service, while appraiser Lynn Carmichael presented a Market Impact Study finding no likelihood of injurious impact on surrounding property values. Justin Coulter stated that all 107 units would be offered at market rates and expressed willingness to agree to conditions regarding signage, sight lines, landscaping, and limits on the hours of use for a proposed pickleball court.

Opposing parties, including Sarah McMullen, Jackie Sullivan, and Andrea Golden of Poder Emma, raised concerns regarding retaining walls, building heights, and potential displacement. McMullen and Sullivan cited their respective home values and concerns about overshadowing, while Golden argued the development did not align with community needs for affordable housing. Experts Richard Robson and Andre Comandon testified that the development posed risks to property values and the neighborhood’s character. During board discussion, Joel Mazelis expressed concerns over the appraisal data, while Craig Allen stated he did not believe a residential use would endanger public welfare. Carol McCrory noted that much of the opposing testimony was based on hypotheticals because the subject property is currently vacant, and Greg Phillips expressed concern about denying a SUP on private property.

Community Input The transcript summary does not report any formal public comments from members of the public during this session. The remarks recorded were from witnesses, experts, and board members participating in the quasi-judicial hearing process.

Follow-ups The transcript summary indicates that the developer agreed to explore the possibility of installing a crosswalk if deemed necessary by the North Carolina Department of Transportation. Additionally, staff agreed to continue working with the developer and relevant agencies to address any outstanding issues.

Impact This decision allows the construction of 107 market-rate townhome units on the specified parcels. The approval includes specific conditions and site plan modifications, such as the addition of sidewalks and fences, which were incorporated into the final order. The Board’s approval of the Special Use Permit and Order finalizes the zoning review for this specific development application.

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