20221460 Ver 1_Hardship - Demo of Need_20221020

MOXY RALEIGH - MAJOR EXCEPTOIN REQUEST
DEMONSTRATION OF NEED
15A NCAC 02B .0611(c) AUTHORIZATION CERTIFICATES WITH EXCEPTION. Persons who wish to
undertake uses designated in the applicable riparian buffer protection rule of this Section as allowable with
exception shall submit an application requesting an Authorization Certificate with Exception. The Authorization
Certificate with Exception review procedure shall be as follows:
(1) All of the following conditions must be met in order to qualify for an Authorization Certificate with
Exception:
(A) There are practical difficulties or unnecessary hardships that prevent compliance with the
riparian buffer protection requirements.
Observance of the existing buffer significantly impairs the ability to affect the construction o the
proposed buildingfrom both a structural perspective as well as a logistical one. The existing
site constraints, whethersfrom utility easements or property configuration significantly limit the
developable area of the property; observance of the buffer and the inability for the building
footprint to encroach into the buffer not only exacerbates those conditions, but also renders the
protect nearly unbuildable.
(B) If the applicant complies with the provisions of this Rule, he or she can secure no reasonable
return from, nor make reasonable use of, his or her property. Merely proving that the
Authorization Certificate with Exception would allow a greater profit from the property shall
not be considered adequate justification for an Authorization Certificate with Exception.
Moreover, the Authority shall consider whether the Authorization Certificate with Exception
is the minimum possible deviation from the terms of this Rule that shall make reasonable use
of the property possible;
There is strong demand for hotel rooms in downtown Raleigh
The small surface parking lot that currently exists on this property is not the best use ofthis
urban space. The best and most reasonable use of this space is a use such as the proposed hotel.
The proposed hotel makes the best use of a small urban building lot such as this. This hotel
model was designed with smaller "smart bedrooms " than a typical hotel room which maximizes
the number of rooms. The majority of the rooms are only 185 square feet. It is able to do this by
including such smart design elements as eliminating closets and providingM walls to hang
clothes, providing folding table and chairs that double as wall art, and underbed storage to
maximize space.
Hence, the proposed hotel provides the smallest hotel footprint possible while still meetin the
demand for the maximize the number ofhotel rooms in downtown. This smallsfootprint allowed
for the complete avoidance ofimpacts to the Pigeon House Branch. While impacts to the bum
are proposed, the applicant also proposes to provide buffer mitigation, "clean up " Pigeon
House Branch by removing trash and debris, and install a trellis/livewall on the creek side ofthe
hotel that will be planted with native vines or climbing trees/shrubs. Other native trees and
shrubs will be utilized in the landscape plan as well.
Page 1 of 2 — Moxy Hotel Raleigh — Major Exception Request — Demonstration of Need—10/20/2022

Observance of the buffer impairs the project not only for the reasons stated above but would also
require a drastically alternative design from the standard hotel desiyn that's been proven to be
successful in other markets and could as such compromise the long-term viability ofthe hotel.
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape,
or topography;
As stated earlier, observance ofthe buffer exacerbates the conditions o an already constrained
site. Granting ofthe Exception will allow the Applicant the ability to not only a ffect a
development that will create jobs, increase tax revenues, provide the maximum number o hotel
rooms to help meet the demand in downtown, and provide amenities for the community, but will
also allow for a more structurally sound building, fewer disruptions to the neighborhood over
the course ofconstruction and help restore a neglected riparian asset by showcasing the creek.
(D) The applicant did not cause the hardship;
The Applicant did not cause the hardship which were inherent to the property at the time the
Neuse Buffer rule went into e ect.
(E) The requested Authorization Certificate with Exception is consistent with the general spirit,
purpose, and intent of the State's riparian buffer protection requirements, will protect water
quality, will secure public safety and welfare, and will preserve substantial justice.
Yes. The intent ofthe Applicant is to repair and restore the creek to the best of it's reasonable
ability. Further, the creek/creek bed is currently littered and in disrepair. The intent of th
Applicant is to address these issues and reintroduce native plantings to make it more attractive
and beneficial to the ecosystem. The proposed stormwater management (of which there is none)
and buffer mitigation will far exceed any benefit currentlyprovided by the degraded bu er.
Page 2 of 2 — Moxy Hotel Raleigh — Major Exception Request — Demonstration of Need—10/20/2022