Smoky Hollow Park Adjacent Development (West St) Rezoning Z-12-25 approved

That particular case involved a quasi-judicial (findings of fact as on a conditional or special use permit) decision by Wake Forest Council. Quasi-judicial actions are reviewable by the courts although usually remanded back to the Council for further review.

However legislative decisions such as a general rezoning are not reviewable by the courts.

After being bullied by attorneys for years under the special use process most jurisdictions have pivoted to conditional zoning so as to be protected against judicial oversight.

4 Likes

In general, I’d presume that the NC Supreme Court is likely to lean pro-development.

Yeah but they also like to stick it to ā€œliberalā€ city governments and take away power when they can.

The problem for them is that it’s liberal on liberal bickering. That’s not a conservative neighborhood.

Frivolous or not, does this have the potential to delay development? Would hate for this property to be tied up in the courts for years.

1 Like

Definitely pro property rights. If a developer owns the property in question, I’d expect them to be pro-developer… regardless of whether the municipality or county is red or blue.

1 Like

I guess it’s up to the owners. Unless there’s an injunction, they have the right to proceed. If I were them, I’d get going sooner rather than later, but I could see them not wanting to get too much money tied up if there’s any uncertainty.

1 Like

I don’t think that they will be anywhere ready to dig in the next year.

2 Likes

Not surprised …. But also… a 30 story building would be a lovely horizon feature

2 Likes

These people need to get better hobbies. I cant imagine spending money to fight a random apartment tower…. maybe look into some charitable causes

12 Likes

Is this building going up before, during or after the park is done? If after, I would think it could be quite awhile until construction starts on the tower given that we are on year 12 of that project and still haven’t started

5 Likes

Completely separate projects and timelines. Don’t think funding for the park is tied to the development anymore either.

4 Likes

When you look at it that way, I’d consider a counter fight to bring to light that these much too wealthy (my opinion of course) white old folks should focus their money on something that will actually improve the community, society, the world, not frivolous development in a downtown core. I could spin up a GoFundMe pretty quickly…

7 Likes

Yikes dude. Why is this a racial thing? What possible difference does someone’s RACE make to allow them to participate in local politics or protests?

These people are White so they’re disqualified? Or they’re too wealthy? How much wealth do you believe white neighbors in Raleigh be ā€œallowedā€ to accumulate? This is crazytalk.

I"m not a supporter of the anti-development attitude of livable raleigh, but they have every much a right to pursue legal options if they want to throw their money at it. It’s costing SOMEONE some cash, so you can maybe sleep better at night that they’re wasting ā€œwealthā€ā€¦ but Substitute BLACK or JEWISH or ASIAN or GAY or any other sub grouping and how is what you wrote not just absolutely the most discrimanatory racist ageist classist statement I’ve seen on here in awhile.

This is a symptom of all that’s wrong in the US today with dividing and pitting those who disagree with one’s opinion as ā€œthe enemytā€ or people that shouldn’t be allowed to participate in (fill in the blank).

I just don’t like this sentiment one bit. Gross.

3 Likes

IMO, this is more about the deference to single family homeowners than anything else. By policy the city continues to prioritize them, and when they don’t get their way they ā€œclutch their pearlsā€ like how dare the city not capitulate to what I want.

An example from today is the revisions adopted by council to the neighborhood on-street parking districts/zones. They completely excluded condo owners and apartment dwellers. Instead, they limited it to single family homes, townhouses, and smaller multifamily projects. Case in point, the Glenwood-Brooklyn neighborhood has neighborhood parking restrictions, yet the condos across Peace St. don’t, and this is despite the fact that a new condo project like 615 Peace was developed without 1:1 parking spaces to units. We all applauded the removal of parking minimums, but the city has decided to exclude these owner from getting on-street parking zone permits. FWIW, most of the houses in Glenwood Brooklyn have off-street parking.

8 Likes

He’s not wrong though. Those neighborhoods are mostly hypocritical old white liberals. I saw Livable Raleigh complaining about suburban development on the outer edges of the city, when their selfish NIMBYism forced that type of development. Many of them will not be around in the next two decades. I’m glad the city has finally (for the most part) freed itself from their influence.

11 Likes

why are people commenting on RACE of the people protesting the decision? Jesus Christ. This is Absolutely inappropriate for the forum. Keep your prejudices to yourself, or better yet, join the 20th and now 21st century.

2 Likes

This cute little bit that you’re doing is annoying, intellectually dishonest, and presented entirely in bad faith. People see through this shit.

I do think yall are freaking out too much about this though. NIMBYs annoy me for all those reasons but anyone can sue anyone over anything, this is a loser of a lawsuit that’s just going to gum up the works. It’s not even likely that this project was going to get started in the time it takes to resolve it given the interest rate/capital markets environment.

11 Likes

IMO, this is a political stunt so that they can try to build outrage and take over the city council.

3 Likes

Since you need someone to spell it out for you, even though you already know: rich white people have held a larger share of power and influence historically in Raleigh (and elsewhere of course). Trying to reduce this outsized power over our city is a goal many of us share, and we’re happy to see it happen. Notice the people saying this are also middle aged, upper middle class white people. It’s not a race baiting issue; it’s acknowledging the historical power structure and its legacy, and trying to encourage a more egalitarian approach. We want everyone who is interested in the issues of our downtown to get equal weight, not letting people who historically have had too much influence continue to do so at the expense of downtown development that benefits everyone.

27 Likes