Council grants waiver to restart rezoning talks for downtown parcel adjacent to Smoky Hollow Park, 5-3 vote

Raleigh City Council voted 5–3 on Feb. 18 to grant a developer’s request to waive a two-year waiting period and restart rezoning that was denied or withdrawn in 2023 for a parcel at the northeast intersection of West P Street and Northwest Street.

The applicant, represented by Jason Barron of Morningstar Law Group, asked the council to allow an early filing so the project team could align the site’s proposed development with continuing park master planning for the adjacent Smoky Hollow Park. Barron said the developer wants to coordinate building design and delivery with park construction work and noted the city has since amended the downtown transitions map, a change the applicant described as a “materially changed condition.”

Nut graf: Councilors split over whether the changed comprehensive-plan boundary and potential park coordination justified an early restart rather than waiting until the standard filing window; council ultimately approved the waiver but several members said the developer will still face a high evidentiary bar during any future rezoning vote.

Planning staff summarized the history: the property was before council in May 2023 (case Z5422) seeking downtown mixed-use zoning up to 30 stories; planning commission had recommended approval. The site is roughly 2.6 acres under industrial mixed-use zoning with an existing 12-story height limit and adjoins the future park. Staff and the developer described prior offered conditions (public frontage, pedestrian connectivity, limitations on surface parking and office square footage) and noted the city later was awarded an $8 million federal grant toward park work.

Council debate questioned whether the adoption of the downtown transition area north of P Street constituted a “materially changed condition.” Opponents said the transition-area change supported a stronger step-down from downtown height next to neighborhoods and therefore militated against accelerating a project that previously sought substantially greater height. Multiple residents and neighborhood speakers opposed an early restart for the same reasons.

Supporters including Councilor Ashley Lambert Melton argued the site is strategically important for transit and park adjacency and favored beginning community engagement now. Councilor Mitch Silver said he had consulted the city attorney and had no conflict. After discussion, the motion to grant the waiver passed 5–3.

Ending: Staff and the applicant said they plan community outreach and to return with a formal rezoning petition; several council members signaled they expect substantial neighborhood engagement and likely conditions on any future zoning approval.