Planning and Zoning Commission (In-Person) (Mar 4, 2026)

Key Decisions

The Planning and Zoning Commission of the City of Asheville held an in-person meeting on March 4, 2026. The commission recorded two formal votes during the session. First, the commission voted 4-0 to pass a request for a special use permit for a government use at 179 S. Charlotte St. Second, the commission voted 4-0 to approve the minutes from the February 4, 2025 meeting.

Discussion Highlights

A significant portion of the meeting was dedicated to understanding the implications of the Disaster Recovery Act of 2024, a state law that restricts local governments from downzoning property without the written consent of all affected property owners. Jannice Ashley, Deputy City Attorney, presented on how this legislation impacts local zoning authority, specifically noting that the law applies retroactively to June 2024. This retroactive application is crucial for the upcoming Unified Development Ordinance (UDO) update, which will need to compare existing ordinances with permitted uses and density allotments as of that date. The discussion highlighted potential challenges for the city, particularly regarding floodplain map amendments, and noted that other local governments, such as Durham, have paused zoning amendments in response to the law.

The commission also reviewed recent legislative and administrative actions, including a report on City Council approvals for rezoning at 13 Baldwin Street and 137 Broad Street, as well as amendments to the UDO regarding Accessory Dwelling Units (ADUs). Dawa Hitch, Director of Communications & Public Engagement, presented on ongoing anti-displacement efforts stemming from requests by the Legacy Neighborhoods Coalition (LNC). Key topics included the development of a Displacement Impact Review Tool, enhanced development notifications, and the alignment of CDBG capital investment priorities with affordable housing actions. Defining legacy neighborhood boundaries was identified as a complex challenge within these efforts.

The meeting further included a detailed review of housing initiatives, revisiting the 2020 Missing Middle Housing Study to explore options such as duplexes, townhouses, and small backyard lots. Commissioners discussed the complexity of current regulations, including the conditional zoning process, which was described as adding uncertainty and cost to development. Other topics included the removal of minimum parking requirements for residential uses in commercial districts, restrictions on flag lots, and concerns regarding the prescriptiveness of form-based districts. A representative for Compact Cottages provided insights on the challenges of developing smaller housing types, emphasizing a shift toward performance zoning.

Community Input

A representative for Compact Cottages provided insights on the challenges of developing smaller housing types, emphasizing a shift toward performance zoning and aligning with state building code changes. The Legacy Neighborhoods Coalition (LNC) was a central focus of the discussion, with their requests and concerns regarding displacement and affordable housing driving much of the conversation.

Follow-ups

Staff agreed to provide regular updates on projects progressing through the Technical Review Committee (TRC), including when they receive final zoning approval. Staff also agreed to provide an article on the downzoning law to the commissioners. The commission will continue to monitor the impact of the Disaster Recovery Act on future planning decisions, particularly regarding floodplain map amendments. A cross-departmental team will continue responding to the LNC’s requests, including exploring a displacement impact review tool and enhanced development notifications. The Department of Communications and Public Engagement will ensure the Coalition is a required engagement partner in all major projects. Staff will compile data on the usage of cottage lots and flag lot regulations, and research Portland’s “missing middle” initiative and its streamlining processes. Additionally, staff will investigate recent code updates in Durham, NC, and Greenville, SC, and an inter-departmental team will review responses to the Request for Proposal (RFP) for the UDO rewrite.

Impact

This meeting focused on how recent state legislative changes, particularly the Disaster Recovery Act, constrain local zoning authority and require careful review of existing regulations to ensure compliance. For residents, the discussions on anti-displacement tools and affordable housing strategies reflect ongoing efforts to protect historically marginalized communities from being priced out. The review of housing reforms, including changes to ADUs and missing middle housing, aims to address housing supply and affordability challenges within the city.