Buncombe County Board of Adjustment approves Creekside Community Phase 2 special-use permit

At its May 2025 meeting, the Buncombe County Board of Adjustment granted a special-use permit for ZPH2025-00006, Creekside Community Phase 2, permitting a planned unit development on 26.2 acres at 311 Creekside Trail Lane and allowing 178 dwelling units in the phase as configured in the submitted plans.

The permit was presented by Savannah Glantz, county planning staff, who outlined staff recommendations and conditions including a requirement that a preliminary and as-built subdivision application be submitted and that the draft final plat be recorded with unique PINs for each lot before issuance of the master site plan permit. Applicants must submit a site-plan review permit for the entire project and agree in writing to the conditions before land disturbance or construction begins.

Applicant Mark Ambach of MA Brevard Road LLC was represented by Scott Burwell, a civil engineer with McGill Associates. Burwell told the board that the total unit count for the development is not changing overall and that Phase 2 will contain 178 units under the proposed plan after reconfiguring some building locations to accommodate stormwater infrastructure and wetland buffers. "Some of the buildings are reconfiguring in different locations now that we've gone through more detailed design on the stormwater," Burwell said, adding the community garden and dog park were moved to reduce wetland impacts.

Craig Justice, a project representative who was sworn in for testimony, said the shift reflects a change from a rental-oriented layout to a lot-based, for-sale townhouse configuration while keeping the "same use of property." "All we're doing is creating homeownership opportunities here," Justice said, noting that the location of parking and the appearance of the product are consistent with what had been shown previously.

Board members discussed parking and right-of-way placement. Burwell confirmed that the townhouse design includes single-car garages and drivways that extend approximately 20.5 feet from back of curb; some parking results in a portion of driveway lying between the public right-of-way and the private setback line. Glenn staff and Burwell said the design was reviewed by the fire marshal as part of the technical review committee (TRC) and that road widths and turning movements meet fire and safety requirements. Savannah Glantz advised the board that, under the county ordinance, parking located within the public right-of-way cannot be counted toward required off‑street parking spaces, which is why the applicant requested deviations tied to the PUD design.

Legal counsel Amy Broughton read findings of fact and conclusions of law, citing Buncombe County Code provisions discussed on the record. Board member Carla Barnard moved adoption of the findings and the draft order recommending approval, noting the petition and submitted materials in the record; a second was made and the Board voted in favor. The board adopted the order granting the special-use permit and incorporating the conditions staff recommended.

The approval includes standard conditions the board imposed at the hearing: recordation of a draft final plat with unique PINs for each lot prior to submittal of the master site plan permit; construction as depicted in the approved site plan; submittal of a site-plan development permit for the entire project prior to land disturbance; and provision of any approvals required from the U.S. Army Corps of Engineers, the North Carolina Department of Transportation, and the Department of Environmental Quality as applicable. The board also found that the development meets the intent of the zoning district and preserves necessary buffers, setbacks and building envelopes as stated in the findings.

Next steps noted on the record: the applicant must record the plat, obtain required permits, and meet the listed site-plan and subdivision requirements before beginning construction. The record includes the application materials, revised development plan, GIS map, staff report, and testimony from the hearing.