TO: Zoning Commission
THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager
FROM: Thomas Cohen - Planner I
DATE: June 9, 2026
RE:Title
P26-24 - A request by Rishi Shah of ResComm Real Estate LLC and Joe Godwin of Godwin Engineering representing Joo Lee of DJYL Properties LLC to rezone the ± 7.23 acres at 3100 Tallywood Drive (0427021446000) from Conditional Mixed Residential 5 (MR-5/CZ) to Mixed Residential 5 (MR-5).
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COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Goal I: Safe & Secure Community
• 1.2 - To ensure traffic and pedestrian safety
The subject property is currently unmanaged and vacant with debris and litter strown along the edges and within. On the opposite side is the fenced off rear of the shopping complex. Residential development would clean up the property, provide eyes on the street, and make drivers hesitant to speed through the area.
Goal II: Responsive city government supporting a diverse & viable economy
• 2.1 - To insure a diverse city tax base
Developed land generates more property tax revenue than undeveloped land. The land is residential, which means new residents who may work and shop within the city, thus generating additional streams of tax revenue.
Goal III: City investment in today & tomorrow
• 3.2 - To manage the City’s future growth and strategic land use
Allowing for higher density residential adjacent to a shopping complex complete with a grocery store allows a larger number of residents to make important and necessary life trips within easy walking distance. This reduces reliance on automobile trips and lower traffic along already burdened major arterials.
Goal IV: Desirable place to live, work, & recreate
• 4.5 - To ensure a place for people to live in great neighborhoods
Walkability is increasingly important in neighborhood choice as is managed land. The land currently is unmanaged and vacant which is aesthetically unpleasing and hosts potential unseen dangers.
Executive Summary:
Request
Rezone from Conditional Mixed Residential 5 (MR-5/CZ) to Mixed Residential 5 (MR-5) to remove all conditions from the subject property.
Zoning Commission Decision Point
The Zoning Commission must decide whether to
• Recommend approval of the request as proposed
• Recommend approval of the request, but to a different zoning district
• Recommend denial of the request
The Zoning Commission must adopt a set of written Consistency and Reasonableness Statements as part of the decision.
Key Findings
Future Land Use: While the request does not directly align with the existing designation it aligns with the intent of the Future Land Use Plan with precedent established by a previous case for the base MR-5 district and for redesignation to HDR to which the area context is in greater alignment.
Local Context: The request aligns with the local context which is a mixture of apartments, single-family homes, and shopping which includes a grocery store. MR-5 is already present yet the area is of low traffic and the potential future residents across a standard residential street from household needs; a setup that is quite walkable.
Background:
Owner: DJYL Properties LLC
Request: MR-5/CZ to MR-5
Parcel Identification Number (PIN): 0427021446000
Parcel Size: ± 7.23
Existing Site Conditions: Wooded and vacant
Adjacent Zoning:
• North: SF-10 - Single-family homes and a lake
• South: CC/LC - Publix and a shopping center
• East: SF-10/MR-5 - Single-family homes, vacant lots, and apartments
• West: SF-10 - Single-family homes
Utilities: Public sewer and water
Applicant Narrative (Summary): Existing conditions in place from previous developer are unsuitable for current developer intent of single-family homes.
Public Notice: Notification letters were sent to property owners within 1,000 feet of the subject site equating to 147 notices sent.
Issues/Analysis:
Case P26-24 is a request to remove the conditions from 3100 Tallywood Drive by rezoning from Conditional Mixed Residential 5 (MR-5/CZ) to Mixed Residential 5 (MR-5). Pursuant to NCGS § 160D, a straight rezoning entitles the landowner to the full range of permitted uses constrained only by the Unified Development Ordinance and applicable licensures and jurisdictions.
Future Land Use Analysis
The Future Land Use Plan 2040 (FLUP) designations are central to policy analysis affixed by reasonableness to local contexts and service of the public good. According to the FLUP, the subject property is designated for Medium Density Residential (MDR); defined as “Primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre). Duplex or townhomes interspersed; low-rise apartments possible. Mostly auto-oriented, but some walkable neighborhoods and destinations.”
The proposed zoning district of MR-5 is established and intended to meet diverse housing needs by accommodating for a wide variety of residential housing types and arrangements at moderate-to-high densities. These housing types range from single-family homes to six floor apartments, so density classification is defined on a per-build basis.
MR-5 is traditionally classified as High-Density Residential (HDR); defined as “Townhomes and apartments in 3-5 story buildings with some very small single-family lots possible. Typically, 5-16 dwellings per acre. Active, compact neighborhoods walkable to adjacent commercial.”
Hence, MR-5 is considered medium-to-high density; the range of potential uses spans the defining characteristics of both residential density designations.
Previous Rezoning Case
While the subject property is designated as MDR it has many characteristics that align with HDR and render it suitable to be zoned into MR-5. This was seen when the previous zoning case P21-17 where the property was rezoned from SF-10 to MR-5/CZ to allow creation of a 56-unit senior living facility. Arguably, the conditions brought the potential intensity back to MDR standards, but ultimately the base district of MR-5 stands lending precedent to MR-5 as the district and if the Future Land Use Plan were adjusted accordingly it would possibly redesignate the parcel as HDR .
Local Context
The neighborhood is a mixture of residential types, commercial uses, and recreative areas with many vacant and wooded lots scattered throughout. The area has the common setup of Raeford Road which is commercial fronting the major arterial and a residential spectrum behind.
The subject property itself is a large vacant and wooded parcel adjacent to a large pond fed by Branson Creek. It is across Tallywood Drive from a Publix that is part of a small shopping center adjacent to a set of two-to-three floor apartments. Tallywood Drive is an unmarked two-lane road that dead ends at this apartment complex on the western side. The subject property has two potential access points for future development: Tallywood Drive itself and Cowles Street which acts as a residential slip street between Tallywood Drive and Fairfield Road; Fairfield which connects directly to Raeford Road.
Sidewalks do exist in this area and are a common method of travel by locals to the nearby shopping center as the lanes are not wide, traffic is low, and most traffic is to the shopping center and not the residential area.
Conclusion
While the property does not directly align with the Future Land Use Designation of MDR the argument stands that with the previous rezoning the designation should be considered as HDR to which an unconditioned MR-5 does align and the area is more suited towards that designation because it’s transitionary between commercial and lower density residential while being incredibly walkable to a commercial area capable of handling an influx of new residents.
In relation to local context, unconditioned MR-5 already exists as do apartments. Thus, the potential for more is already precedented. With the addition of already limited traffic during the noontime rush along Raeford Road the highest intensity potential does not represent an increase in traffic that would be disastrous to the area.
Thus, the request serves to enable efficient property and resource utilization; adding to the tax base new residential property and bringing new customers to adjacent stores without the usual parking and traffic burden.
Budget Impact:
Immediate (Legislative): No additional costs, collection of a $1000 application fee
Longterm (Construction): Onsite improvements are funded by the developer. City Council evaluates any potential public capital projects via budget adoption and capital investment processes.
Options:
• Approval (Recommended Action):
Recommend approval of the zoning map amendment as requested - finding that the request is consistent with the Future Land Use Plan and reasonable to local context as outlined by the Consistency and Reasonableness Statements.
• Approval, but to a more restrictive district:
Recommend approval of the zoning map amendment from MR-5 to one that is more restrictive, but consistent with the Future Land Use Plan and Reasonable to the local contexts with amended Consistency and Reasonableness Statements.
• Denial:
Recommend denial of the proposed map amendment - find that the request is inconsistent with the Future Land Use Plan and unreasonable to the local context.
• Table the Case:
The Zoning Commission may offer to table the case to allow the applicant to reapply for Conditional Rezoning to address consistency and reasonableness concerns.
Recommended Action::Recommended Action
The Planning Staff recommends that the Zoning Commission recommend that the City Council APPROVE the request of rezoning the approximately 7.23 acres at 3100 Tallywood Drive from MR-5/CZ to MR-5.
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Attachments:
1. Application
2. Aerial Notification Map
3. Current Zoning Map
4. Future Land Use Map
5. Site Pictures (Subject Site)
6. Site Pictures (Surrounding Properties)
7. Consistency and Reasonableness Statements