Town approves annexation of Brooks Cove Road property
16.45-acre parcel designated designated UR-8
Fred McCormick
The Valley Echo
February 10, 2021
A 16.45-acre parcel of land on Brooks Cove Road was voluntarily annexed into the Town of Black Mountain and zoned UR-8, following the Feb. 8 continuation of a public hearing that began in January. Photo by Fred McCormick
A public hearing continued from the January meeting of the Black Mountain Board of Aldermen concluded, Feb. 8, with the unanimous approval of a voluntary annexation request for 16.45 acres of land on the eastern boundary of town along Brooks Cove Road.
The property, which is targeted as the site of a residential development, was subsequently zoned Urban Residential District 8, following another unanimous vote.
Residents along Brooks Cove Road, a dead end street with approximately 17 single-family homes, began expressing concerns about the annexation request and potential rezoning when it was recommended by the planning board in November. Many of them were worried the UR-8 designation, which permits eight single-family or 16 two-family units per acre, would alter the rural character of the community.
The hearing, which opened Jan. 11, was one of two needed to consider separate requests to voluntarily annex the parcel, and designate it UR-8 upon annexation. Jesse Gardner, a representative of the property owner and developers and member of the planning board, recused himself from the matter in November. He informed the Town that approximately 50 single-family units, or roughly three homes per acre, were planned for the site.
Gardner reiterated on Monday that the development could proceed regardless of the decision to annex the property.
“We’re happy whether we develop under (Buncombe County) guidelines or you decide to annex,” the chief engineer for the project told the board. “We just ask that you grant the zoning that was requested, which is UR-8.”
The county zoning designation for the property was Residential District 1, which allows up to 10 single-family units per acre and would require developers to purchase water and sewage services from the Town.
Town Manager Josh Harrold addressed density allowances in the R-1 district by summarizing an email from the county planning director as the continued hearing got underway.
“The R-1 density is a maximum of 10 dwelling units per acre, with a maximum of two dwelling units per lot,” Harrold read from the email. “Here, in Black Mountain, it’s eight units per acre. The difference that comes in is that we allow duplexes as one unit.”
Harrold then read a series of public comments opposing the UR-8 designation. The feedback was similar to that received by the board when the hearing opened in January. Opposition to the zoning designation was based on a range of issues, including what many viewed as insufficient infrastructure, potential stormwater runoff and what residents allege was late notice for a Dec. 15 special call meeting on the matter.
Black Mountain Planning Director Jessica Trotman advised the board that the town’s stormwater ordinances require approval by phase.
“If you bought 10 acres today and decided to build six houses, your stormwater permit is based on the impact of those houses,” she said. “If three years from now you wanted to build two more houses, you would have to either prove your existing infrastructure has the appropriate capacity or design new infrastructure to handle the additional stormwater.”
Alderman Archie Pertiller, Jr. asked the town’s attorney, Ron Sneed, whether the board was required to designate the property UR-8 if the annexation was approved.
“I think, in the interest of being straight-forward, if you’re not going to zone it UR-8, then you probably shouldn’t vote for annexation,” Sneed responded. “Once you adopt that, it forces them to go to the legislature to undo it.”
Pam King followed Pertiller’s question by inquiring about potential points of ingress and egress for the potential development.
“All of that information will come with a site plan, which requires a staff review,” Harrold responded.
Mayor Larry Harris called the decision on whether or not to annex the property a “difficult decision” for the board.
“The developer, according to their engineer, is going to move forward either way, and the board has to weigh that,” he said. “It’s not a matter of to develop, or to not develop, it’s really about whose stormwater regulations you’re going to use. And, density is another issue to consider.”
Prior to his motion to approve the annexation request, Ryan Stone offered his perspective on the matter.
“We know that, as a community, we need some level of growth to maintain our low tax rate and the level of services for the residents here, and we also know we don’t want to interfere with the existing character of people’s neighborhood,” he said. “This land is going to get developed one way or the other, and we have to look at what’s most beneficial for the community, overall.”
The topography of the property and infrastructure development would prevent it from being developed to maximum capacity, Stone reasoned, making R-1 and UR-8 similar in regards to the proposed project.
“Is it in the long-term best interest of this community to just sell this development water when we could integrate them into our town,” he said. “They’re going to be using our infrastructure, our roads and businesses, regardless. We have the capacity to sell them water, and we have the roads, with the necessary improvements, of course. With that in mind, it does make sense to bring this property in at the UR-8 level.”
The board voted 5-0 to approve the voluntary annexation request. The hearing to rezone the property did not include a discussion before Stone moved to approve the UR-8 zoning request.
Pertiller and Tim Raines initially voted against the request, believing the R-1 zoning designation could remain in place after annexation. Both aldermen reversed their votes after they were advised that county zoning regulations could not apply to property within town limits.
The UR-8 rezoning request was approved, 5-0.