existing zoning...parcel 5 (northern portion of reid no. 0049350) (portion of 2808 hillsborough st):...

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SRPOD

Daisy

St

Douglas St

Euge

neBr

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Ave

Raymond St

Broo

ks Av

e

Frien

dlyDr

Thurman Dr

Daisy

St

Founders DrM E Valentine Dr

Hillsborough St

Everett Ave

Vanderbilt Ave

Vals WayHillsborough St

Clark Ave

Pillsbury Cir

Dan A

llen D

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Dixie

Trl

Bagw

ell Av

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OX-3-UG

OX-3-CU

OX-3-GR

NX-4-SH

R-10

OX-3-DE

NX-4-SH

OX-3-DE

RX-12-CU

OX-3-UG

R-6

R-6

NX-4-SH

NX-3-UG

OX-12

NX-5-UL-CU

NX-3R-6

0 130 260 390 520Feet

Existing Zoning Z-68-2020

±1.05 acresNX-4-SH & R-6 w/SRPODCX-7-SH-CU & RX-3-UL-CU w/SRPOD

6, 8, & 10 Bagwell Ave; 2808 & 2812 Hillsborough StProperty

SizeExistingZoning

RequestedZoning

Location

Map by Raleigh Department of Planning and Development (mansolfj): 5/17/2021

WWW.RALEIGHNC.GOV REVISION 11.15.19 PAGE 2 OF 14

CONDITIONAL USE DISTRICT ZONING CONDITIONS

Zoning Case Number OFFICE USE ONLY

Rezoning Case # Date Submitted

Existing Zoning Proposed Zoning

Narrative of Zoning Conditions Offered

The property owner(s) hereby offers, consents to, and agrees to abide by, if the rezoning request is approved, the conditions written above. All property owners must sign each condition page. This page may be photocopied if additional space is needed. Property Owner(s) Signature Print Name

DocuSign Envelope ID: 26FB6D44-C847-4A3F-9242-B0A4F9C1B971

Nikita Zhitov

1. For those parcels being rezoned CX-, the following Principal Uses as listed in UDO Section 6.1.4. that are permitted, limited, or special uses in the CX- District shall be prohibited: (i) Adult establishment; (ii) Detention center, jail, prison; (iii) Light Manufacturing; (iv) Vehicle repair (minor); and (v) Vehicle repair (major).

2. For those parcels being rezoned RX-, the following Principal Uses as listed in UDO Section 6.1.4. that are permitted, limited, or special uses in the RX- District shall be prohibited: (i) Medical; (ii) Office; (iii) Personal service; (iv) restaurant/bar; and (v) retail sales.

3. For all parcels, no individual dwelling unit shall have more than three (3) bedrooms.

4. For those parcels being rezoned CX-, retail use on the ground floor along Bagwell Street shall only be located for the first one hundred fifty feet (150') of frontage, starting from the Hillsborough Street property line.

http://www.raleighnc.gov/

PROPERTY DESCRIPTION

LYING AND BEING in the City of Raleigh, Wake County North Carolina, and being those certain tracts or parcels

of land more particularly described as follows:

PARCEL 1 (REID NO. 0037758) (10 Bagwell Ave):

BEGINNING at a point in the eastern right of way of Bagwell Avenue, said point being located 270 feet in a

northerly direction from the North line of Hillsborough Street; runs thence S 70 degrees 57 minutes E 82.76 feet to

a point; runs thence S 15 degrees 16 minutes W 43.94 feet to a point; runs thence N 71 degrees 00 minutes W 83.71

feet to a point; runs thence N 16 degrees 55 minutes E 45.54 feet to the point and place of BEGINNING, and being

Lot 63 as shown on Map entitled "H.B. Bagwell Subdivision number 2" as recorded in Book of Maps 1920, Page

140, Wake County Registry.


BEGINNING at an existing iron pipe set in the eastern right of way line of Bagwell Avenue, said point being located

175 feet in a northerly direction from the intersection of the eastern right of way line of Bagwell Avenue with the

northern right of way line of Hillsborough Street, said point further being the southwestern corner of the lot herein

described; runs thence along the eastern right of way line of Bagwell Avenue North 16° 42' East 50.00 feet to a

point; runs thence, leaving the eastern right of way line of Bagwell Avenue, South 71° 00' East 83.73 feet (correct

measured distance) to a point; runs thence South 15° 08' West 49.94 feet (correct measured distance) to a point;

runs thence North 71° 05' West 85.10 feet to the point and place of BEGINNING, and being Lot Number 64 of the

H.B. Bagwell Subdivision No. 2, as shown on map recorded in Book of Maps 1920, Page 140, Wake County

Registry, North Carolina, and further being all of that property as shown on that certain survey entitled "Property

at Lolo A. Dobson and wife, Lorraine R. Dobson, 8 Bagwell Avenue, Raleigh, N.C." dated 03-26-87 and prepared

by William Crocker, Surveyor, Raleigh, North Catalina.


BEING Lot 65 Bagwell in accordance with the Recombination Plat Properties of Kathleen C. Hammon dated June

20, 2018 made by Newcomb Land Surveyors, PLLC recorded on July 19, 2018 in Book of Maps 2018, Page 1396,

Wake County Registry, containing approximately 0.104 acres.

PARCEL 4 (REID NO. 0034083) (2812 Hillsborough St):

BEING New Lot 1 in accordance with the Recombination Plat Properties of Kathleen C. Hammon dated June 20,

2018 made by Newcomb Land Surveyors, PLLC recorded on July 19, 2018 in Book of Maps 2018, Page 1396,

Wake County Registry, containing approximately 0.224 acres.

PARCEL 5 (NORTHERN PORTION OF REID NO. 0049350) (Portion of 2808 Hillsborough St):

BEING approximately the northernmost forty-five (45) feet of that property located at 2808 Hillsborough Street,

having Wake County REID No. 0049350 and PIN No. 0794-62-5441.

PARCEL 6 (REMAINDER OF REID NO. 0049350) (Portion of 2808 Hillsborough St):

BEING that property located at 2808 Hillsborough Street, having Wake County REID No. 0049350 and PIN No.

0794-62-5441, less and except approximately the northernmost forty-five (45) feet of said property.


REZONING APPLICATION ADDENDUM #1

Comprehensive Plan Analysis OFFICE USE ONLY

Rezoning Case # The applicant is asked to analyze the impact of the rezoning request and its consistency with the Comprehensive Plan. The applicant is also asked to explain how the rezoning request is reasonable and in the public interest.

STATEMENT OF CONSISTENCY

Provide brief statements regarding whether the rezoning request is consistent with the future land use designation, the urban form map, and any applicable policies contained within the 2030 Comprehensive Plan.

PUBLIC BENEFITS

Provide brief statements explaining how the rezoning request is reasonable and in the public interest.



REZONING APPLICATION ADDENDUM #2

Impact on Historic Resources OFFICE USE ONLY

Rezoning Case # The applicant is asked to analyze the impact of the rezoning request on historic resources. For the purposes of this section, a historic resource is defined as any site, structure, sign, or other feature of the property to be rezoned that is listed in the National Register of Historic Places or designated by the City of Raleigh as a landmark or contributing to a Historic Overlay District.

INVENTORY OF HISTORIC RESOURCES

List in the space below all historic resources located on the property to be rezoned. For each resource, indicate how the proposed zoning would impact the resource.

PROPOSED MITIGATION

Provide brief statements describing actions that will be taken to mitigate all negative impacts listed above.



URBAN DESIGN GUIDELINES

The applicant must respond to the Urban Design Guidelines contained in the 2030 Comprehensive Plan if: a) The property to be rezoned is within a "City Growth Center" or “Mixed-Use Center”, orb) The property to be rezoned is located along a "Main Street" or "Transit Emphasis Corridor"

as shown on the Urban Form Map in the 2030 Comprehensive Plan.

Urban Form Designation Click here to view the Urban Form Map.

1. All Mixed-Use developments should generally provide retail (such as eating establishments, food stores, and banks), and other such uses as office and residential within walking distance of each other. Mixed uses should be arranged in a compact and pedestrian friendly form. Response:

2. Within all Mixed-Use Areas buildings that are adjacent to lower density neighborhoods should transition (height, design, distance and/or landscaping) to the lower heights or be comparable in height and massing. Response:

3. A mixed use area’s road network should connect directly into the neighborhood road network of the surrounding community, providing multiple paths for movement to and through the mixed use area. In this way, trips made from the surrounding residential neighborhood(s) to the mixed use area should be possible without requiring travel along a major thoroughfare or arterial. Response:

4.

Streets should interconnect within a development and with adjoining development. Cul-de-sacs or dead-end streets are generally discouraged except where topographic conditions and/or exterior lot line configurations offer no practical alternatives for connection or through traffic. Street stubs should be provided with development adjacent to open land to provide for future connections. Streets should be planned with due regard to the designated corridors shown on the Thoroughfare Plan. Response:

5.

New development should be comprised of blocks of public and/or private streets (including sidewalks). Block faces should have a length generally not exceeding 660 feet. Where commercial driveways are used to create block structure, they should include the same pedestrian amenities as public or private streets. Response:

6.

A primary task of all urban architecture and landscape design is the physical definition of streets and public spaces as places of shared use. Streets should be lined by buildings rather than parking lots and should provide interest especially for pedestrians. Garage entrances and/or loading areas should be located at the side or rear of a property. Response:


https://maps.raleighnc.gov/iMAPS/


7.

Buildings should be located close to the pedestrian-oriented street (within 25 feet of the curb), with off-street parking behind and/or beside the buildings. When a development plan is located along a high volume corridor without on-street parking, one bay of parking separating the building frontage along the corridor is a preferred option. Response:

8. If the site is located at a street intersection, the main building or main part of the building should be placed at the corner. Parking, loading or service should not be located at an intersection. Response:

9.

To ensure that urban open space is well-used, it is essential to locate and design it carefully. The space should be located where it is visible and easily accessible from public areas (building entrances, sidewalks). Take views and sun exposure into account as well. Response:

10.

New urban spaces should contain direct access from the adjacent streets. They should be open along the adjacent sidewalks and allow for multiple points of entry. They should also be visually permeable from the sidewalk, allowing passersby to see directly into the space. Response:

11. The perimeter of urban open spaces should consist of active uses that provide pedestrian traffic for the space including retail, cafés, and restaurants and higher-density residential. Response:

12. A properly defined urban open space is visually enclosed by the fronting of buildings to create an outdoor "room" that is comfortable to users. Response:



13. New public spaces should provide seating opportunities. Response:

14. Parking lots should not dominate the frontage of pedestrian-oriented streets, interrupt pedestrian routes, or negatively impact surrounding developments. Response:

15. Parking lots should be located behind or in the interior of a block whenever possible. Parking lots should not occupy more than 1/3 of the frontage of the adjacent building or not more than 64 feet, whichever is less. Response:

16.

Parking structures are clearly an important and necessary element of the overall urban infrastructure but, given their utilitarian elements, can give serious negative visual effects. New structures should merit the same level of materials and finishes as that a principal building would, care in the use of basic design elements cane make a significant improvement. Response:

17. Higher building densities and more intensive land uses should be within walking distance of transit stops, permitting public transit to become a viable alternative to the automobile. Response:

18. Convenient, comfortable pedestrian access between the transit stop and the building entrance should be planned as part of the overall pedestrian network. Response:

19.

All development should respect natural resources as an essential component of the human environment. The most sensitive landscape areas, both environmentally and visually, are steep slopes greater than 15 percent, watercourses, and floodplains. Any development in these areas should minimize intervention and maintain the natural condition except under extreme circumstances. Where practical, these features should be conserved as open space amenities and incorporated in the overall site design. Response:



20. It is the intent of these guidelines to build streets that are integral components of community design. Public and private streets, as well as commercial driveways that serve as primary pedestrian pathways to building entrances, should be designed as the main public spaces of the City and should be scaled for pedestrians. Response:

21.

Sidewalks should be 5-8 feet wide in residential areas and located on both sides of the street. Sidewalks in commercial areas and Pedestrian Business Overlays should be a minimum of 14-18 feet wide to accommodate sidewalk uses such as vendors, merchandising and outdoor seating. Response:

22.

Streets should be designed with street trees planted in a manner appropriate to their function. Commercial streets should have trees which complement the face of the buildings and which shade the sidewalk. Residential streets should provide for an appropriate canopy, which shadows both the street and sidewalk, and serves as a visual buffer between the street and the home. The typical width of the street landscape strip is 6-8 feet. This width ensures healthy street trees, precludes tree roots from breaking the sidewalk, and provides adequate pedestrian buffering. Street trees should be at least 6 1/4" caliper and should be consistent with the City's landscaping, lighting and street sight distance requirements. Response:

23. Buildings should define the streets spatially. Proper spatial definition should be achieved with buildings or other architectural elements (including certain tree plantings) that make up the street edges aligned in a disciplined manner with an appropriate ratio of height to width. Response:

24. The primary entrance should be both architecturally and functionally on the front facade of any building facing the primary public street. Such entrances shall be designed to convey their prominence on the fronting facade. Response:

25. The ground level of the building should offer pedestrian interest along sidewalks. This includes windows entrances, and architectural details. Signage, awnings, and ornamentation are encouraged. Response:

26. The sidewalks should be the principal place of pedestrian movement and casual social interaction. Designs and uses should be complementary to that function. Response:



REZONING APPLICATION SUBMITTAL REQUIREMENTS ("Rezoning Checklist")

TO BE COMPLETED BY APPLICANT COMPLETED BY CITY STAFF

General Requirements – General Use or Conditional Use Rezoning YES N/A YES NO N/A

1. I have referenced this Rezoning Checklist and by using this as a guide,it will ensure that I receive a complete and thorough first review by theCity of Raleigh

2. Pre-Application Conference3. Neighborhood Meeting notice and report4. Rezoning application review fee (see Fee Schedule for rate)5. Completed application, submitted through Permit & Development Portal

Completed Comprehensive Plan Consistency Analysis Completed Response to the Urban Design Guidelines

6. Two sets of stamped envelopes addressed to all property owners of areato be rezoned and properties within 500 feet of area to be rezoned7. Trip Generation Study8. Traffic Impact Analysis

For properties requesting a conditional use district: 9. Completed zoning conditions, signed by property owner(s)

If applicable (see Page 11): 10. Proof of power of attorney or owner affidavit

For properties requesting a Planned Development (PD) or Campus District (CMP): 10. Master Plan (see Master Plan Submittal Requirements)

For properties requesting an Accessory Dwelling Unit Overlay District (ADUOD): 15. Copy of ballot and mailing list


http://www.raleighnc.gov/content/extra/Books/PlanDev/DevelopmentFeeSchedule/


MASTER PLAN SUBMITTAL REQUIREMENTS

TO BE COMPLETED BY APPLICANT COMPLETED BY CITY STAFF

General Requirements – Master Plan YES N/A YES NO N/A

1. I have referenced the Master Plan Checklist and by using this as aguide, it will ensure that I receive a complete and thorough first review bythe City of Raleigh

2. Total number of units and square feet3. 12 sets of plans4. Completed application; submitted through Permit & Development Portal5. Vicinity Map6. Existing Conditions Map7. Street and Block Layout Plan8. General Layout Map/Height and Frontage Map9. Description of Modification to Standards, 12 sets10. Development Plan (location of building types)11. Pedestrian Circulation Plan12. Parking Plan13. Open Space Plan14. Tree Conservation Plan (if site is 2 acres or more)15. Major Utilities Plan/Utilities Service Plan16. Generalized Stormwater Plan17. Phasing Plan18. Three-Dimensional Model/renderings19. Common Signage Plan


ATTACHMENT TO

REZONING APPLICATION

Property Information and Current Zoning:

1. 2812 Hillsborough Street

a. PIN: 0794-62-4441

b. Owner: Hillsborough Pointe, LLC

c/o CityPlat, LLC

107 Fayetteville St, Suite 400

Raleigh, NC 27601-2916

c. Deed Book / Page: 17202/399

d. Existing Zoning Base District: NX-4-SH-SRPOD

e. Acreage: 0.22 ac

2. 2808 Hillsborough Street

a. PIN: 0794-62-5441

b. Owner: Charles V. Moseley

1128 Ivy Ln


c. Deed Book / Page: 007054/00794

d. Existing Zoning Base District: NX-4-SH-SRPOD

e. Acreage: 0.55 ac

3. 6 Bagwell Avenue

a. PIN: 0794-62-4551

b. Owner: West Broad Hospitality, LLC

c/o CityPlat, LLC

107 Fayetteville St, Suite 400


c. Deed Book / Page: 17202 / 401

d. Existing Zoning Base District: R-6-SRPOD

e. Acreage: 0.10 ac

4. 8 Bagwell Avenue

a. PIN: 0794-62-4575

b. Owner: Bagwell Holdings, LLC

PO Box 6356

Raleigh, NC 27628

c. Deed Book / Page: 17917 / 2690


e. Acreage: 0.10 ac

5. 10 Bagwell Avenue

a. PIN: 0794-62-4589

b. Owner: Bagwell Holdings, LLC

PO Box 6356

Raleigh, NC 27628

c. Deed Book / Page: 18025 / 219


e. Acreage: 0.08 ac

Proposed Zoning:

RX-3-UL-SPROD: (first 45’ from north property line)

2808 Hillsborough Street (Portion)

10 Bagwell Avenue

CX-7-SH-SPROD: (remainder of assemblage)

2812 Hillsborough Street

2808 Hillsborough Street (Portion)

6 Bagwell Avenue

8 Bagwell Avenue

Statement of Consistency:

1. 6, 8 and 10 Bagwell Avenue are currently designated Low Density Residential on the

Future Land Use Map, but are immediately adjacent to existing Neighborhood Mixed Use

areas. 2808 and 2812 Hillsborough Street are currently designated Neighborhood Mixed

Use on the Future Land Use Map, which allows for a mix of residential, commercial and

office uses. The applicant is proposing a mix of residential, commercial and/or office uses

for the entire assemblage, with a portion to be zoned CX-7-SH, and the remainder to be

zoned RX-3-UL. The Special Residential Parking Overlay District (SRPOD) will be

maintained over the entire assemblage. These proposed uses will be located near other

existing mixed-use areas that currently have NX-4, OX-3 and OX-12 zoning. The proposed

rezoning is consistent with the future land use designations of the surrounding areas.

2. The rezoning request is intended to be consistent with Table LU-2 "Recommended Height

Designations" for Mixed Land Use Categories. 2812 and 2808 Hillsborough Street (which

are part of the assemblage) qualify as an Edge area given their close proximity to the low-

density residential neighborhood to the north of the site. 2812 and 2808 Hillsborough Street

also qualify as a Core/Transit area given their frontage along Hillsborough Street. Per Table

LU-2, when a conflict exists between Edge and Core/Transit locations, the area will be

considered a General area. For the Neighborhood Mixed Use designation, a maximum of

4 stories is recommended. The proposed rezoning is consistent with Table LU-2 given that

the CX-7 height will be focused along the frontage of Hillsborough Street, and then only 3

stories will be developed within 10 Bagwell Avenue and within the north 45 feet of 2808

Bagwell Avenue (RX-3-UL designation) adjacent to the low-density residential area. The

proposed transitional zoning is also consistent with LU Section 3.1 "Future Land Uses"

which provides that for the Neighborhood Mixed Use category, greater height should

include appropriate transitions and be accompanied by a pedestrian-friendly relationship

to the public realm.

3. The property is located near the intersection of Hillsborough Street and Bagwell Avenue.

Hillsborough Street is designated a Transit Emphasis Corridor on the Urban Form Map

(calls for a hybrid frontage approach), and also as a Main Street on the Urban Form Map

(calls for urban frontage approach). The goal of these designations is to bring the buildings

closer to the street, and to provide for parking on the side and/or rear of the buildings. 2812

and a portion of 2808 Hillsborough Street will be developed with the -SH frontage, which

is consistent with this goal. 10 Bagwell Avenue and the north 45 feet of 2808 Hillsborough

Street (RX-3-UL designation) will be developed with the -UL frontage, which also is

consistent with this goal. Hillsborough Street also has multiple points for existing bus

transit service near the property, including Route 4 (Rex Hospital), Route 16 (Oberlin), and

Route 27 (Blue Ridge).

4. The rezoning request is consistent with Comprehensive Plan policies: LU 1.2 "Future Land

Use Map and Zoning Consistency" (the proposed use is consistent with the existing

Neighborhood Mixed Use and Low Density Residential Future Land Use Designations

given the adjacent Neighborhood Mixed Use Future Land Use Designations, and the

proposed height transitions); LU 2.2 "Compact Development" (the proposed use will be

arranged as a compact development); LU 4.9 "Corridor Development" (proposed -SH and

-UL frontages will promote pedestrian friendly, "main street" type development along

Hillsborough Street); LU 5.1, LU 5.4, LU 5.5, LU 5.6 "Land Use Compatibility" (the

proposed mixed use will serve as a transition between the low density residential

neighborhood to the north of the site, and the more intensive mixed uses to the south of the

site; additionally, the proposed mixed use will serve as a building height transition between

the existing OX-12 area to the south of the site, and the existing low density residential

neighborhood to the north, given that the proposed site will be 7 stories along Hillsborough

Street, but will transition down to the north); LU 6.1, LU 6.2 "Mixed-Use Development"

(areas such as the current site that are designated for mixed-use development in the

Comprehensive Plan should be zoned in order to provide a mixture of land uses); EP 3.12

"Mitigating Stormwater Impacts" (development is proposed to mitigate stormwater

impacts); EP 8.4 "Noise and Light Impacts" (development is proposed to mitigate potential

noise and light pollution impacts on adjoining residential properties); UD 1.10 "Frontage,"

UD 2.3 "Activating the Street", and UD 6.1 "Encouraging Pedestrian Oriented Uses"

(development is proposed to encourage frontage consistency with the Urban Form Map

and encourage pedestrian-oriented uses); HP 3.4 "Context Sensitive Design" (the proposed

use intends to use the existing architectural and historical character within an area as a

guide for new construction); and Section 16 "Area Specific Guidance" (The Cameron

Village and Hillsborough Area Plan AP-CH 12 "Use-based Transitions" recommends a

maximum of 3 stories in this area; but neighborhood transitions, as are being proposed on

this site, still apply and are being used with the proposed RX-3-UL Zoning to help with

policy consistency).

EXHIBIT A – NEIGHBORHOOD MEETING NOTICE

REZONING OF PROPERTY CONSISTING OF +/- 0.5 ACRES, LOCATED ON THE EASTERN SIDE OF THE HILLSBOROUGH STREET AND BAGWELL

AVENUE INTERSECTION, IN THE CITY OF RALEIGH

REPORT OF MEETING WITH ADJACENT PROPERTY OWNERS ON NOVEMBER 16, 2020

Pursuant to applicable provisions of the Unified Development Ordinance, a meeting was held with respect to a potential rezoning with adjacent property owners on Monday, November 16, at 5:00 p.m. The property considered for this potential rezoning totals approximately 0.5 acres, and is located on the eastern side of the Hillsborough Street and Bagwell Avenue intersection, in the City of Raleigh, having Wake County Parcel Identification Numbers 0794-62-4441, 0794-62-4551, 0794-62-4575 and 0794-62-4589. This meeting was held virtually on Zoom with an option to call in by telephone. All owners of property within 500 feet of the subject property were invited to attend the meeting. Attached hereto as Exhibit A is a copy of the neighborhood meeting notice. A copy of the required mailing list for the meeting invitations is attached hereto as Exhibit B. A summary of the items discussed at the meeting is attached hereto as Exhibit C. Attached hereto as Exhibit D is a list of individuals who attended the meeting.

EXHIBIT B – NOTICE LIST

EXHIBIT C – ITEMS DISCUSSED

1. Performing a traffic impact analysis as part of the rezoning 2. Building height and position along Hillsborough Street 3. Traffic on Brooks Avenue and Bagwell Avenue 4. Parking for the proposed uses 5. Building heights and transitions to nearby homes 6. The Special Residential Parking Overlay District and the effects on residential

neighborhoods 7. Parking for Dixie Trail and Bagwell Avenue residents

EXHIBIT D – MEETING ATTENDEES

1. Bill Allen 2. Evelyn Pursley 3. Kay and Jerry Letterman 4. Hannah Reckhow 5. Jennifer Ashton 6. Dave Groening 7. Worth Mills

existing zoning...parcel 5 (northern portion of reid no. 0049350) (portion of 2808 hillsborough st):...

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