The city of Raleigh has filed to dismiss a lawsuit challenging a new set of zoning rules meant to create more affordable housing. The suit was filed in March by residents of the Hayes Barton Historic District, who are challenging the city's approval of 17 town houses in the neighborhood.
The suit argues "...the City failed to engage directly the community and property owners impacted by the substantial change in land use entitlement sought to be imposed under said ordinance provisions, and failed to provide the required legislative notice, due process, right to be heard, and other community engagement."
In a response filed Tuesday, the city says the townhomes were approved lawfully and court does not have the power to stop the project.
"Plaintiffs have failed to exhaust their administrative remedies and cannot challenge the approval of the Townhouse Subdivision through this civil action," the complaint said.
In 2021 and 2022, the council eased restrictions on building duplexes, townhouses and accessory dwelling units — also known as garage apartments or granny flats. Specifically, the new rules were meant to spur construction of "missing middle" dwellings affordable to people of all incomes.
"We have 1.8 million people coming to this area by 2030," says Raleigh architect Daniel Nicely. "And we do not have the [housing] supply that we need."
Nicely contributed designs to a city-created accessory dwelling unit gallery, where residents can buy pre-approved plans.
The Raleigh City Council may consider revisions to the ordinances. Meanwhile, officials in Durham and Chapel Hill are considering zoning changes to speed up the creation of additional housing.
"I do think that there are some solutions that can be had, we just need to have the discussions without them breaking down into mudslinging in either direction, or multiple directions, because there's actually quite a few variables here," Nicely said.
