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Board grants PUD for 22‑lot subdivision at 2544 Hendersonville Road after contested standing hearing
Summary
The Buncombe County Board of Adjustment approved a Planned Unit Development special use permit for a 22‑lot subdivision at 2544 Hendersonville Road after a contested standing phase in which adjacent property owners raised notice, survey and drainage concerns; the board denied party standing but allowed witness testimony and approved the PUD with standard conditions.
The Buncombe County Board of Adjustment approved a Planned Unit Development (PUD‑1) special use permit for a proposed 22‑lot subdivision at 2544 Hendersonville Road after a lengthy hearing that included contested requests for party standing from adjacent property owners and public witness testimony about property boundaries, drainage and access.
Planner Jason Payne summarized the proposal: the applicant seeks PUD‑1 approval for 22 single‑family lots on roughly 4.1 acres in an R‑2 zone with requested deviations for reduced lot size (from 6,000 to 3,660 square feet) and a narrower side setback (7 to 5 feet). Staff recommended conditions including a recorded major subdivision plat and an NCDOT driveway permit before site plan review.
Several nearby property owners asked to be parties in the hearing, alleging irregularities including incorrect sign posting, a recorded survey discrepancy and an existing fence line that may encroach on the subject parcel. The board held a standing hearing and, after hearing testimony and staff review of the recorded plat (Book 185, Page 39), voted to deny party standing for those applicants — noting that the board is not the forum to resolve private property title disputes and that disagreements about property lines should be resolved through a quiet title action if necessary. The denied parties were permitted to remain and give witness testimony when the board opened that public‑comment period.
Applicant witnesses, including Daniel Hyatt (landscape architect/site designer), testified the project meets PUD standards, has NCDOT and utility coordination in process, and provides two‑car garages for each home (resident parking in garages and limited guest parking). The applicant also said water and sewer allocations from City of Asheville/MSD have been obtained and that they will comply with stormwater and other local requirements.
Neighbors who testified raised concerns about potential loss of property, spring and drainage protections under Army Corps jurisdiction, parking impacts from gatherings, and long‑term changes to neighborhood character. The board noted that no expert or appraisal evidence showing injurious impact on property values was presented by opponents and that administrative permitting and engineering reviews (stormwater, NCDOT driveway, major subdivision platting) remain to ensure compliance with technical requirements.
After deliberation the board adopted findings, approved the special use permit, and directed staff to include conditions in the written order: record the major subdivision plat with new pins and Buncombe GIS prior to site plan review, obtain required NCDOT permits, construct the project as depicted in the site plan, submit a master site plan meeting administrative submittal requirements before any land disturbance, and agree in writing to the order’s conditions.
Next steps: applicant must record subdivision plat, obtain NCDOT driveway permits and all site permits, and meet stormwater administration approval prior to land disturbance and building permits.
