TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon - Senior Planner
Heather Eckhardt, CZO - Planner II
DATE: August 25, 2025
RE:Title
Approve P25-30: A request to rezone 2211 Rosehill Road (0438470005000), consisting of 21.27 acres and owned by Cross Creek Refuse LLC, from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5). Title
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COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use
Executive Summary:
The applicant has requested to rezone 2211 Rosehill Road from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Zoning Commission voted to deny the request at their July 8th, 2025 meeting. Subsequently, the applicant submitted an appeal.
Background:
Owner: Cross Creek Refuse LLC
Applicant: Benjamin Strout of Strout Architecture
Requested Action: SF-6 to MR-5
REID: 0438470005000
Status of Property: Vacant
Size: 21.27 acres
Adjoining Land Use & Zoning:
• North: SF-6 - Vacant land, single family residential, religious institution
• South: SF-6 - Religious institution and apartments
• East: SF-6 - Vacant land, single family residential, cemetery
• West: SF-6 - Vacant land, single family residential
Letters Mailed: 153
NCDOT Projects: U-4403B - US 401 Business (MLK Fwy) to US 401 Bypass
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan. According to the Plan, it is recommended that this portion of the city should be developed as Medium Density Residential and Park/Open Space. Medium Density Residential is intended for primarily single family residential neighborhoods with small lots (3 to 6 dwellings per acre) with duplexes and townhouses interspersed and low-rise apartments are possible. These areas are mostly auto-oriented but there may be some walkable neighborhoods and destinations. Park/Open Space is areas generally not suited for development due to site constraints or environmental/cultural importance. These areas may include passive or active recreation amenities or reserved open space, such as undisturbed floodplain.
Issues/Analysis:
History:
The subject property is located on the west side of Rosehill Road, near its intersection with Courtney Street. Aerial photography from the late 1960s and early 1980s indicates that a structure once existed on the site. The rear portion of the property, along Big Cross Creek, lies within the regulatory floodplain and floodway.
Surrounding Area:
The surrounding area is primarily zoned Single Family Residential 6 (SF-6), though many of the larger parcels remain undeveloped. One nearby parcel is occupied by Lafayette Cemetery. While Melvin Place to the south is also zoned SF-6, it is developed as an apartment complex. Further south, Rosehill Garden Apartments is zoned Multi-Family Residential 5 (MR-5).
Rezoning Request:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
Straight Zoning:
The request is for a rezoning from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line development.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Medium Density Residential and Park/Open Space. Medium Density Residential is intended for primarily single family residential neighborhoods with small lots (3 to 6 dwellings per acre) with duplexes and townhouses interspersed and low-rise apartments are possible. These areas are mostly auto-oriented but there may be some walkable neighborhoods and destinations. Park/Open Space is areas generally not suited for development due to site constraints or environmental/cultural importance. These areas may include passive or active recreation amenities or reserved open space, such as undisturbed floodplain
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The applicant's request to rezone 2211 Rosehill Road from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) is consistent with the City’s 2040 Comprehensive Plan, which designates this area for Medium Density Residential and Park/Open Space. The MR-5 zoning district supports a variety of housing types at moderate densities, aligning with existing development patterns in the area, including nearby multifamily housing. Additionally, the size and location of the parcel, coupled with its proximity to existing infrastructure and services, make it suitable for the proposed zoning. Rezoning this property to MR-5 would support the city’s goals for compatible growth, housing diversity, and responsible land use near environmentally sensitive areas. Staff recommends approval of the request.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the map amendment to MR-5 as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement
2. Approval of the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement.
3. Denial of the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action::Recommended Action
The Zoning Commission and Professional Planning Staff recommend that the City Council move to approve the map amendment to MR-5, based on the following findings:
• The proposed zoning change aligns with the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO).
• Permitted uses and development standards for the MR-5 district are appropriate for the site given surrounding zoning and land uses.
• There are no anticipated negative impacts to public health, safety, morals, or general welfare.
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Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statement
8. Powerpoint