TO: Mayor and Members of City Council
THRU: Jodi Phelps - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Thomas Cohen - Planner I
Craig Harmon, CZO - Senior Planner
DATE: April 27, 2026
RE:Title
Approve P26-09: A request to rezone the property at 3456 Black & Decker Rd (0425754360000) consisting of 2.55 acres and owned by CVA Commercial Development LLC from Light Industrial (LI) to Community Commercial (CC).
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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 & Viable Economy
• Objective 2.3 - To leverage partnerships for job creation and retention, with a focus on the local and regional workforce to increase per capita income.
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Provides an increase to the city tax base by creating a commercial enterprise - expanding on the economic capacity of the area and exposing the additionally generated clientele to other commercial or business ventures in the area.
Goal III - City Investment in Today & Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Broadly aligns with the intentions of the Future Land Use Plan by using underutilized land to enhance economic prospects and build within an Employment Center.
Goal IV - Desirable place to live, work, & recreate
• Objective 4.2 - To enhance diverse recreation, leisure and cultural opportunities.
The local area has little in the way of positive recreative commercial enterprises making the request a positive addition in relation to increasing leisure time opportunities for locals and those within the general area.
Executive Summary:
P26-09 is a rezoning request to change the 2.55 acres located at 3456 Black& Decker Rd from Light Industrial (LI) to Community Commercial (CC).
This is a straight rezoning and the property was subject to a previous rezoning in September of 2025 under case P25-45 as part of an annexation.
The area surrounding the subject property is a mixture of single-family homes, large-scale businesses, and apartments just off I-95.
On March 10 of 2026 the request achieved a unanimous (5-0) recommendation of approval by the Zoning Commission. The motion to approve was made by Robert Hight and was seconded by Zaccheaus. There were two speakers in favor and none in opposition.
Background:
Rezoning Request: From Light Industrial (LI) to Community Commercial (CC)
Parcel Identification Number (PIN): 0425754360000
Site Size: 2.55 acres
Existing Site Conditions: Empty parcel
Utilities: Access to public water and sewer
Applicant Narrative (Summary): Applicant claims the parcel will be used for “wholesome indoor recreation” that will not contribute to strip-development and that a potential tenant will require the Community Commercial designation to operate.
Public Notice: Notification letters were sent to property owners within 1,000 feet of the subject site equating to 136 notices sent.
Issues/Analysis:
Case P26-09 is a request to rezone the 2.55-acre parcel at 3456 Black and Decker Road from Light Industrial (LI) to Community Commercial (CC). Per NCGS-160D, general rezoning would entitle the landowner to the full range of uses specified for that designation but bounded by the Unified Development Ordinance (UDO). The CC district is intended for a diverse range of medium-high-intensity retail, service, and office uses that provide goods and services to serve the residents and businesses in the community at large and are often located along major arterials or at the intersection of arterials.
The Future Land Use Plan 2040 (FLUP) designations are central to policy analysis, affixed by local contexts, reasonableness of the request, and service to the public good. Per the FLUP the subject property has a split designation - the western half of the parcel is designated to be an Employment Center and the eastern half to be Low Density Residential.
Employment Center is defined by high intensity non-residential use with a high potential for nuisance. It includes regional employment centers, business parks, and industrial uses.
Low Density Residential is defined by single family residential homes with some accessory dwellings and the occasional duplex or townhome with suburban, auto-oriented, character with utility services.
This split designation is the result of several lot recombinations beginning in late 2000 and ending in mid-August of 2021 - after the adoption of the Comprehensive Plan and after the Future Land Use Map was solidified. The current Affidavit of Ownership along with the Plat Map identifies the owners as CRA Commercial Development, LLC and the parcel as only a single lot.
The Community Commercial district is consistent with an Employment Center designation, but it is inconsistent with a Low Density Residential designation. However, annexation case P25-45 rendered the Future Land Use Map outdated. The split nature was litigated with the case as part of the initial zoning review. This review determined that Light Industrial was to be the parcel designation. Thus, Employment Center is the designation that aligns with the entirety of the parcel - rendering the request consistent with the Future Land Use Map and Comprehensive Plan.
The site, in part or in whole, are unsuited towards that Low Density Residential designation as there are only two access points - the major arterial and a small dirt road which leads to the property from Wakefield Drive. This dirt road would have been entirely unsuitable for a street.
As for area surrounding the subject property, it’s a mixture of residential, commercial, and industrial development along a major arterial that intersects with I-95 about half mile from the subject property. These commercial and industrial uses directly connect to the major arterial while the residential neighborhood connects to a breakoff along Dedication Dr - limiting the impact any additional traffic will have on neighborhood.
Regarding the nuisance potential, the UDO has transitional standards when a residential area abuts anything of higher intensity. This would call for significant buffering as well as access management and site design to adhere to these standards. The area is also within the Airport Overlay and is subject to further standards. The site was also the subject of an annexation within the last several months that brought the property in under the current Light Industrial district. This allows for a higher potential of nuisance than the proposed Community Commercial - representing a downshift in intensity.
Taken as a whole, the request aligns with Future Land Use Map designations and within the local context of Black and Decker Road as well as the surrounding area. It presents an infill development at a lower intensity than what was previously permitted allowing for a greater fit than the Light Industrial zoning district.
Budget Impact:
Approval or denial of the requested rezoning does not create immediate and direct impacts on the budget other than the budget allocated operating cost of relevant staff. Any indirect budget impact via utility extensions, enhancements, or other such costs are not triggered by the map amendment itself and will be evaluated through other processes.
Options:
1. Approval (Recommended):
Recommend approval of the zoning map amendment from LI to CC for the subject parcels - find the request consistent with the Future Land Use Plan and reasonable to the local context as demonstrated by the attached consistency and reasonability statement.
2. Approval to a More Restrictive District:
Recommend approval of the zoning map amendment from CC to a more restrictive zoning district - one more consistent with the Future Land Use Plan and reasonable to the local context with an amended consistency statement.
3. Denial of Map Amendment:
Recommends denial of the proposed map amendment - find that the request is inconsistent with the Future Land Use Plan and unreasonable to the local context.
4. Table the Case:
The commission could table the case and allow the applicant to reapply to CC with conditions - requiring enforceable commitments to address land use and/or transitional concerns.
Recommended Action::Recommended Action
The Zoning Commission and The Professional Planning Staff recommends that the City Council move to APPROVE of the proposed map amendment from Light Industrial (LI) to Community Commercial (CC) for the approximately 2.55 acres located at 3456 Black and Decker Road.
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Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Site Pictures
6. Surrounding Area Pictures
7. Consistency and Reasonableness Statement