The Asheville City Council approved a rezoning petition for the property at 99999 Trade Street, changing the zoning from River Arts District Neighborhood Transition (RAD-NT) to Residential Multifamily Medium Density (RM-8). Planning staff and the Planning & Zoning Commission recommended approval; council attached a condition that the ordinance will not take effect until ownership of a narrow strip of adjacent land is resolved.

Planning staff presented the petition and noted the primary differences between RAD-NT and RM-8: RM-8 allows single-family and duplex uses that RAD-NT does not, and RM-8 lacks the RAD form-code requirements such as build-to zones and some sidewalk and fenestration standards. Planner Will Palmquist told council that if the rezoning is approved, "the ordinance would not be adopted or put in effect until that ownership issue was settled." Staff also cited consistency with the city’s comprehensive plan’s Traditional Neighborhood future land-use designation and said the rezoning would help diversify housing supply.

Public comment on the item had been taken at a prior meeting; the council resumed deliberation after staff reported continued discussions between property representatives about the ownership strip. Derek Allen, attorney for the applicant, described the requested change as providing “the option that makes the most sense for this property,” noting surrounding properties to the east are already zoned RM-8.

Action taken: A council member moved and another seconded a motion to approve the rezoning and include a verification condition in the ordinance that the rezoning "shall be effective only upon the verification by the city that all of the real property described in section 1 of this ordinance ... is owned by Bridal LLC or its assignee." The motion passed; council did not record individual roll-call votes at the meeting. Staff instructed that the ordinance would not be adopted or become effective until the ownership issue is resolved.

What this means: The straight rezoning allows any uses allowed by RM-8 by right; the council’s conditional effective date ties the change to a clarified ownership status before the ordinance becomes operative.

Follow up: Staff will verify property ownership before adopting the ordinance and returning the map and ordinance to effect.