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Last night at Council: Asheville's 'sad' Arby's inspires looser zoning rules

Rob Robinson at the bus stop in front of the abandoned Arby's on Patton Avenue.
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Screengrab from YouTube

A little less than a year ago, local YouTuber Rob Robinson filmed a video outside of an abandoned Arby’s – the “saddest Arby’s of all time,” he calls it – on West Asheville’s Patton Avenue.

In the video, he made the case that the defunct fast food spot – perched right alongside a bus stop – would be a great place for an apartment complex, if only the city would make it easier to build.

“It has been vacant for about 10 years, providing no public good to the community,” Robinson said, as cars whizzed past him on the busy thoroughfare. “I think it would be better if instead of an abandoned Arby's, we had some housing here.”

He argued the city’s zoning policies made such an endeavor costly and time-consuming, due to parking requirements, density caps and a conditional zoning process that requires a public hearing and vote at Asheville City Council.

On Tuesday, a majority of Asheville City Council voted to make three changes to the city’s Unified Development Ordinance that would, hypothetically, make it easier for a developer to turn that Arby’s into a housing complex.

Asheville Mayor Esther Manheimer gave Robinson, whose urban planning videos tend to rack up thousands of views, credit for getting community members excited about zoning reform.

“Where's Rob Robinson?” Manheimer asked as members were about to vote. “Because he's the guy that got us started on this conversation. He started this by standing in front of the Arby's and saying why can't we make this Arby's into multi-family housing? And it was a very good point.”

The local zoning changes approved Tuesday include:

  1. Less council oversight: A new by-right process allows housing projects that meet certain size and affordability requirements to move forward without a conditional zoning variance, which requires a vote from Asheville City Council.  Previously, all housing projects that exceeded 50 units (with the exception of those in the central business district) required a vote by council, which sometimes led to significant delays on large- scale apartment complexes and other housing developments. Council members Sheneika Smith, Antanette Mosely and Kim Roney voted against this measure.  
  2. Reduced parking requirements in most areas: Residential developments are no longer required to include parking lots in most parts of the city, including in transit corridors, mixed-use districts and form-based zoning districts. Parking requirements were also eliminated for commercial structures in some parts of town, including Haywood Road and the River Arts District. This change is expected to reduce the cost of new housing, as the cost of a single parking space in a structure can cost up to $50,000. Previously, developments required one parking space per housing unit, in most cases. Council members voted in unanimous support of this measure. 
  3. Larger projects allowed: Residential projects can have between a 100% and 500% larger footprint, depending on which commercial zoning district the property is in. This change allows for more by-right housing developments, meaning fewer City Council lzoning reviews. Council members Smith, Mosley and Roney voted against this measure.  

While most residents who spoke during Tuesday’s public comment were in support of the zoning changes, some worry fewer rules give developers too much power.

“We really need to be careful,” resident Star Sylvus said. “We shouldn't give away our negotiation tools that can improve development projects and improve affordability.”

Council member Sage Turner argued leaders need to make the approval process for developers easier or risk missing out on new housing developments.

“When I meet with large developments, as they bring us projects, I often hear – I mean it might even be 100% of the time – that our review process as a city is cumbersome, painful and takes years,” she said. “Often developers are spending hundreds of thousands of dollars to get to the point where they come here and ask for approval, and then we don't grant it to them and we lose projects.”

The changes take effect immediately. See the city’s presentation for a more in-depth explanation of each zoning changes.

A map of the neighborhoods in Asheville exempt from cottage housing and flag lot zoning changes.
Screengrab from City of Asheville
A map of the neighborhoods in Asheville exempt from cottage housing and flag lot zoning changes.

Flag lots, cottage housing amendments 

Also Tuesday, leaders approved in a 4-3 vote two other zoning changes that could lead to increased residential construction and density in some neighborhoods.

The changes don’t apply to the whole city as council members exempted certain historically-Black neighborhoods which are considered to be especially vulnerable to displacement. Exempt areas include the Emma, East End Valley, Shiloh and Southside communities.

The changes loosen development regulations on cottage housing and flag lots – long and narrow parcels of land that have space for a house or structure but don’t face the street, which is generally a requirement for residential buildings.

The cottage housing amendment eliminates the requirement for a 200-foot separation between small housing units as well as a requirement that new structures face towards a primary street. Cottage homes may also now be built in smaller clusters, as the zoning amendment reduces the number of minimum units in a cottage development from five to two.

The flag lot amendment reduces setback requirements, which allows more property owners to either build on or sell land parcels to developers, which will likely increase housing density in city limits.

Every second and fourth Tuesday, Asheville City Council meets at the Council Chamber on the 2nd Floor of City Hall, 70 Court Plaza beginning at 5 p.m. See the full recording of the March 11 meeting and the agenda.

Laura Hackett joined Blue Ridge Public Radio in June 2023. Originally from Florida, she moved to Asheville more than six years ago and in that time has worked as a writer, journalist, and content creator for organizations like AVLtoday, Mountain Xpress, and the Asheville Area Chamber of Commerce. She has a degree in creative writing from Florida Southern College, and in 2023, she completed the Craig Newmark Graduate School of Journalism at CUNY's Product Immersion for Small Newsrooms program. In her free time, she loves exploring the city by bike, testing out new restaurants, and hanging out with her dog Iroh at French Broad River Park.
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