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Board recommends rezoning of 139 Business Park Drive to light industrial to correct nonconforming uses
Summary
The planning board recommended approval of ZM2025-0107 to rezone a single parcel at 139 Business Park Drive from General Business to Light Industrial to align zoning with long-standing uses and reduce nonconformities.
The Indian Trail Planning Board voted to recommend approval of ZM2025-0107, a conventional rezoning to change a single parcel at 139 Business Park Drive from General Business District to Light Industrial.
Planning director Brandy Dees told the board the parcel has functioned as light industrial for 30 to 35 years and the existing building and tenants reflect that use despite the current General Business zoning. Dees said the proposal is intended to “assign zoning that's compatible with the existing land uses and reduce nonconformities.” She described the request as a potential test case to “clean up” similar mismatches in the area.
Applicant Charles Duckett and legal representative with Alexander Ricks’ law firm said the rezoning would not change the building or immediate uses. A lawyer for the applicant said the goal was to allow the property to remain marketable to similar tenants and avoid a situation where a building loses its grandfathered status and becomes difficult to lease. The current tenant, ASSA ABLOY, performs warehousing and assembly, which the applicant said would be consistent with a light industrial zoning designation.
Dees and staff told the board they had notified adjacent property owners and that several had expressed initial concern on receiving notices but were reassured after staff explained no immediate site changes were planned. Board members asked about possible heavier uses under light industrial (for example motor vehicle repair) and whether rezoning this one parcel would pressure future rezoning along the street; staff said such impacts would be evaluated if town-initiated rezoning moved forward and that other properties could require conditional zoning if compatibility issues arose. The board discussed the presence of a daycare adjacent to the area; staff said a rezoning could render that daycare legally nonconforming if it remains while other parcels are changed, and that a conditional rezoning could be used to avoid harming existing businesses.
A motion to recommend approval of ZM2025-0107 as presented passed on a voice vote; one member recorded opposition during the roll call discussion, and the motion carried.
