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Staff recommends denying Asheville Mall rezoning as inconsistent with comprehensive plan; council asks legal and planning questions
Summary
Staff recommended denial of a straight rezoning request for a parcel at the Asheville Mall from Urban Place to Regional Business, citing inconsistency with the comprehensive plan; Planning & Zoning recommended denial 4–3 and council asked about legal risks and whether urban‑place goals remain achievable.
Planning staff told council that a straight rezoning request to change a parcel of the Asheville Mall from the Urban Place form district to Regional Business is recommended for denial because it is not consistent with the comprehensive plan's vision for mixed‑use, human‑scaled neighborhoods. "Planning staff recommends denial of this request as it's not consistent with the comprehensive plan," the presentation said; P&Z voted 4–3 to recommend denial.
Councilmembers questioned whether prior legal settlements or past council actions create obligations or risks if council treats the rezoning like other applications. City Attorney Brad Grama said the city reached a voluntary settlement in an earlier lawsuit related to Urban Place zoning, that the city is beyond any statute of limitations to challenge that action, and that the settlement does not obligate council to continue accommodations for applicants. Council discussion also focused on whether Urban Place zoning has produced the activation originally intended and whether financing and market conditions—not just zoning—have limited development.
