A Frequent Transit Area (FTA) is any area within one-half mile of a corridor designated for Bus Rapid Transit (e.g., Western Boulevard). The flaw is the lack of transparency in the process by which the City allows development in these areas—the neighbors who will be affected are never notified of the proposed development.
To illustrate this flaw, let’s contrast how a developer would proceed in building a high-density facility outside an FTA versus inside an FTA.
The first step would be to request a rezoning to allow for more dense development.The City of Raleigh has a very detailed process to be followed when one desires to rezone a piece of property.
Some of the requirements are:
“A rezoning applicant must conduct a neighborhood meeting and attend a pre-application conference before they may submit a rezoning application.” Note the stipulation: the neighborhood meeting must be held before they may submit a rezoning application.
“For a first neighborhood meeting, you must send notice letters to property owners and tenants within 500 feet from the parcel boundary lines of the subject site.”
The document goes on to point out the reason for the neighborhood meetings: “The first neighborhood meeting is a way for the rezoning applicant to initiate a conversation with the community members most directly affected by the proposed rezoning.”
A second neighborhood meeting is required if the proposed rezoning meets certain criteria. One criterium is: “The proposed change increases residential density by an additional ten (10) dwelling units per acre.” If a second meeting is required: “Applicants must invite owners and tenants of all parcels within 1,000 feet of the rezoning site.”
It is very obvious from the four points above that the City has set up a very good system to inform and engage neighbors of proposed rezoning that will affect their neighborhood. But in an FTA, that entire process of informing and engaging the affected neighbors vanishes.
When a developer desires to build a high-density development inside an FTA, no rezoning for higher density is required—the City has already done the upzoning by fiat, with no rezoning request required.
This upzoning is codified in the Unified Development Ordinance. For example, consider a one-acre lot zoned R-10. Outside an FTA, development would be limited to ten housing units. But within an FTA, a 55-unit apartment complex could be built, and it could be built with no notification to the surrounding neighbors of this massive change to their neighborhood.
Here is a real-life example of this opaque process in FTAs. In April of 2024, the City committed $1,250,000 to the Lorimer Spring development, a proposed 60-unit, three-story apartment building in a residential neighborhood—a neighborhood that falls within an FTA along Western Boulevard. The neighbors were not notified. We learned of Lorimer Spring only through a broker who was attempting to facilitate purchase of properties adjacent to the site. In an October 29, 2024 email to a property owner, the broker stated in part: “The approved plan includes up to 60 units specifically for residents 55 and older, with limited parking.”
Outside FTAs: The rezoning process informs and engages neighbors who will be affected by the proposed change that will impact their neighborhood.
Inside FTAs: The City has unilaterally upzoned the area for high density and neighbors are not informed of developments that would have a much greater impact on their neighborhood.
Change needed: The same requirements for the rezoning process should be applied to high-density development in Frequent Transit Areas.
On March 25, a Zoom meeting will take place with councilwoman Jane Harrison, some folks from the City’s planning department, and others to discuss our issues with the proposed Lorimer Spring development.
In preparation for this meeting we did some research on the City's many regulations regarding Bus Rapid Transit zones and developed the attached document summarizing the neighbors’ concerns.
This document has been sent to the individuals who will be on the Zoom meeting, and also to the mayor and all city council members.
The West Raleigh Citizen Advisory Council (WRCAC) will meet on Wednesday, February 26, at 7pm.
This month Tim Morgan from Evergreen Construction will be present to talk about the proposed 60 rental apartments that will be age restricted to those 55 years or older. Will these be all affordable rentals? What is the income level that an applicant will need to meet to be eligible to live there? What other sites were considered for this development and why does this site fit the criteria for this level of density?
Captain Jonathan Manson from the Raleigh Police Department will also be on hand to discuss crime in this area of Raleigh. Representatives from the Transportation and Utilities departments will talk about the impact along Garland Drive if this proposed development moves forward.
There will also be time for community updates, and members are welcome to bring forward any topic for consideration at future meetings.
We hope you can join us via Zoom on Wednesday evening at 7pm.
The Raleigh City Council's transportation committee will meet on Thursday, February 27, at 3pm to discuss high-crash intersections, and opportunities for rapid improvement across the city. At Councilwoman Jane Harrison's request, the District D intersection focus will be on Western Boulevard & Kent Road. The meeting will be in the council chambers in the Raleigh Municipal Building at 222 W Hargett Street. The public can attend and provide commentary if desired. You don't have to sign up ahead of time, just show up. You can also watch the meeting online using this link.
The West Raleigh Citizen Advisory Council (WRCAC) met by Zoom on Wednesday, January 22, 2025. The main agenda item was discussion of the proposed Lorimer Spring development in our neighborhood. First, our spokesperson Jane Fenn made a very informative presentation outlining our concerns about the proposed development. The text of her presentation is attached here as a PDF.
Keegan McDonald, Land Development Manager, Raleigh Planning and Development Department, attended the meeting and was helpful in answering questions regarding various City policies.
As has been pointed out many times, the main factor affecting how the property in question can be developed is its proximity to Western Boulevard, which is a proposed Bus Rapid Transit (BRT) corridor. Mr. McDonald pointed out that any property within one-half mile of a BRT corridor is in what the City has designated a Frequent Transit Area (FTA). Property within an FTA can be developed at a much higher density than that allowed by current R-4 and R-10 zoning, especially if the development contains some affordable housing.
So, the bottom line is that because the proposed Lorimer Spring development is (1) within a Frequent Transit Area and (2) will contain affordable-housing units, technically, City regulations would allow it to be developed at the 60-unit size proposed.
An issue that came up during the CAC meeting was a “cart-before-the horse” scenario: encouraging dense development along a BRT corridor long before the BRT system is completed. For some perspective on the amount of time to complete a BRT system, consider the first BRT system scheduled to be built, the New Bern Avenue BRT system. The first call for construction bids went out in spring of 2024 and received no bids. The second call, in the fall of 2024, resulted in one bid of $113 million, 58% over the City’s estimate of $72 million. The construction plan is being revised and will go out for bids again. The target date for completing construction of the New Bern Avenue BRT system is late 2028.
The BRT along Western Boulevard is still in the planning stages and would not be completed for several years. So, the question: is it desirable to construct high-density housing before a BRT system is available for the residents?
For more information on the Zoom meeting, please go to the WRCAC Facebook page.
At the next meeting, spokesman Peyote Perryman has asked that city officials representing transportation, police, stormwater, and planning attend. Also, a representative from the company proposing to develop Lorimer Spring, Evergreen Construction Company, is scheduled to attend. More information about the February 26 meeting will be sent out prior to the meeting.
January 12, 2025
January 26, 2025
Ben and Kelty Brittle have asked to step down as spokespersons for our group. Jane Fenn has agreed to be our new spokesperson.
Councilwoman Jane Harrison has arranged for the proposed development in our neighborhood to be discussed at the January 22 meeting of the West Raleigh Citizen Advisory Council (CAC). This will be a virtual meeting at 7:00 pm. The link to join the meeting will be provided later. Please mark this date on your calendars.
Senior policy analyst Wesley Householder provided answers to some of the questions asked during the meeting. Below is the information received; our emphasis is highlighted.
(from virtual meeting with councilwoman Jane Harrison, December 6, 2024)
1. No application for rezoning or development has been submitted.
2. Staff is unable to answer questions until application is submitted.
3. The area proposed for development is within special overlay districts in which much denser development is allowed than in the R-4 and R-10 zoning classes.
Current status of the project (regarding City input)
No application for rezoning or development has been formally submitted.
Staff is unable to answer certain questions without a submitted development plan to review.
Questions regarding the specifics of Transit Overlay District (TOD), Frequent Transit Area (FTA), and BRT Urban Form
While 1104 Lorimer is the only property covered by the TOD, the entire area is identified as a Frequent Transit Area.
Article 2.7 of the Raleigh Unified Development Ordinance (UDO) identifies FTA as such: “The Frequent Transit Development Option allows for additional housing in locations near current and planned frequent transit service. A Frequent Transit Area refers to areas slated for bus or other transit service where the time between vehicles will be 15 minutes or less during peak service periods and must be mapped in the City’s Comprehensive plan as such. Where a regulation in this section conflicts with a regulation of a Neighborhood Conservation Overlay District (NCOD), the NCOD regulation shall control.”
The FTA allows for apartment use in both R-4 and R-10 as well as lowering the lot area required per unit to 2000 sf and 800 sf respectively.
Additionally, unit numbers are addressed with or without an affordable housing component as such: “A development site utilizing this option in a residential zoning district shall contain no more than twelve (12) residential units; however, a development site may contain additional residential units provided a number of units equal to at least twenty percent (20%) of the residential units over twelve (12) established within the development site shall be affordable for households earning sixty percent (60%) of the Area Median Income or less for a period of no less than 30 years from the date of issuance of a certificate of occupancy.”
Yield study of the properties produced these unit numbers:
Mary Walden recently informed us of some construction on Kent Road and provided this article describing a 144-unit apartment (Parkside Apartments) to be built at 1329 Kent Road.
“Wake County Board Greenlights New Affordable Housing Development” (August 23, 2023)
The 4.78-acre property was purchased by the City of Raleigh in 2023 and is being leased to Blue Ridge Atlantic Development to build the affordable housing facility. Wake County has approved a $5.8 million loan for the project. The total cost is estimated at $50 million.
This development will increase traffic on Kent Road, exacerbating the traffic issues at the Garland-Kent intersection if the 60-unit development is built in our neighborhood.
On Thursday, December 6, councilwoman Jane Harrison hosted a Zoom meeting with Ben and Kelty Brittle, Larry King, Larry Helfant (Livable Raleigh), Bob Geary (former planning commission member and one of the founders of Livable Raleigh), and Wesley Householder (Harrison’s policy analyst).
The most concrete information from the meeting was that because the area in question is within a Transit Overlay District, development can be denser than the current zoning of R-4 and R-10 permits.
Raleigh is developing three Bus Rapid Transit (BRT) routes, one being along Western Boulevard. To encourage development along these BRT routes, zoning regulations in areas bordering the routes are being changed to allow more dense development. The areas affected are in what are called Transit Overlay Districts (TOD). The current zoning in these districts (e.g., R-4, R-6, R-10) is negated and more dense development is allowed.
Below is a summary of some information on Transit Overlay Districts gleaned from the website. Our emphasis is highlighted.
The TOD was originally created for the light rail service that was planned in Raleigh years ago. The new TOD is more detailed and focused on the BRT (bus rapid transit) service that is planned now.
The TOD is intended to be applied mostly on the property around these corridors that is already zoned for commercial and multi-family development. It also makes sure that the public spaces around the transit stations are comfortable for people to walk.
In the TOD, a building can be 50% taller than the maximum height if it includes affordable housing units. The number of affordable units would have to be at least 20% of the bonus units in the building. The units have to be affordable for a family making 60% of the area median income (AMI) or less and stay affordable for at least 30 years.
When the TOD is applied to a residential zoning district, the zoning standards for RX-4 will apply in that area. The TOD is not likely to be applied to residential neighborhoods. This provision will most likely apply to large lots directly adjacent to major roads. The RX-4 district allows for greater residential density while still limiting building height to no more than four stories and 60 feet.
No parking is required for any new development in any of Raleigh’s zoning districts, including the TOD overlay.
This map shows that only one parcel of the tract is actually in a Transit Overlay District. So, it is not clear if the TOD would apply to the entire area.
Another complicating factor is that there is also a Frequent Transit Development Option (FTDO) that could apply to this property. This option allows tiny houses, detached houses, attached houses, townhouses, and apartments. We could not find a map showing FTDO. Here is the website for more information on FTDO.
Given this confusion about TOD and FTDO, Larry Helfant (Livable Raleigh) followed up by communicating our concerns to Patrick Young, the director of planning and development for the City of Raleigh. Mr. Helfant shared with Mr. Young that Jane Harrison inferred that the developer has the “right to build” since the property involved is within both the FTDO and TOD corridors.
Mr. Young’s response: “Since no application has been submitted, there is no additional detail we can provide at this time, and I can’t answer the question about whether development would be “by right” or require a rezoning until they submit an application. I will let you know if/when something is submitted and answer your questions at that time. Thanks for your additional comments and happy to discuss further – regards, Pat”
Patrick O. Young, AICP | Director of Planning and Development
So it appears that we are in a “wait and see” mode.
A few other items:
Jane Harrison did say that she wanted to hold a neighborhood meeting, so we will let you know when that is scheduled.
Jane Harrison planned to meet with the developer after our December 6 Zoom meeting. The developer is Evergreen Construction Company.
We have contacted Habitat for Humanity to see if they could suggest an affordable housing development that is more compatible with our neighborhood.