Gardner planning commission resubmits denial of 190 Ninth Street commerce rezoning, urges measures to limit truck traffic

The City of Gardner Planning Commission on Sept. 22 voted 7-0 to resubmit its original recommendation of denial to the governing body for the proposed 190 Ninth Street Commerce Center rezoning and associated preliminary development plan, while forwarding staff suggestions aimed at reducing non‑passenger vehicle traffic and a new request that the governing body consider physical access changes to deter truck traffic and improve safety.

The project is proposed on a roughly 55–57 acre parcel adjacent to Interstate 35. The preliminary development plan submitted by the applicant includes about 200,000 square feet of building area, several outdoor retail sales and storage lots and billboards. The governing body had remanded the rezoning back to the planning commission on Sept. 2 for focused review of differences between CO/COA and CP‑3 permitted uses and for ways to reduce potential truck traffic while allowing billboards.

Staff told the commission that the central legal issue is a conflict between the proposed commercial uses and an existing Gardner municipal ordinance that limits non‑passenger vehicle traffic on the subject corridor. “The proposed development, whether modified land uses or not, as long as they include commercial land uses, will prompt non passenger vehicle traffic in the area,” a staff member said during the presentation. Staff explained the planning commission, as an administrative body, cannot change that ordinance and that any legislative change would require city council action.

Because of that constraint, staff recommended resubmitting the earlier denial but provided a list of potential mitigations for the governing body’s consideration. Those items, which appear in the staff report and the applicant’s 09/12/2025 memo, included limiting retail building size to 20,000 square feet or less, restricting allowed uses to a maximum of light manufacturing intensity, making outdoor sales‑general and manufacturing‑light conditional rather than permitted uses, limiting truck delivery and shipping hours to between 6 a.m. and 10 p.m., and placing directional signage (for example, “Trucks — No Left Turn”) at primary access points.

Commissioners focused on safety, enforcement practicality and roadway capacity. “The more increase in truck traffic, the more increase in vehicle traffic, the more accidents you make,” Commissioner Berg said, citing the narrow alignment of 190 Ninth Street, lack of shoulders and proximity to a school bus stop. Other commissioners noted that creating commercial destinations on the corridor would make police enforcement stops more common because trucks traveling there could be subject to verification checks under the existing ordinance.

The commission debated three procedural options available under code: resubmit the original recommendation of denial with comments; submit a new or amended recommendation; or take no action (which by code would be treated as resubmittal of the original recommendation). The body voted to resubmit the original recommendation of denial and to forward the staff report’s suggested list (items a–j) plus an added item (k) asking the governing body to require or pursue “implementing physical changes to roadway access points to deter truck traffic and improve safety.” Commissioner Combs made the motion; Commissioner Sosa seconded. The motion carried 7‑0.

The staff presentation and commission discussion repeatedly flagged that any meaningful reduction in commercial truck traffic that conflicts with the ordinance will require legislative action by the governing body (city council plus mayor). The remand materials and staff report noted that the planning commission can recommend modifications to the use list or require some uses be conditional, but cannot amend or waive an ordinance located outside the Land Development Code.

The commission’s recommendation and the appended comments will be forwarded to the governing body. Staff said the item is scheduled next for the governing body meeting on Oct. 6, 2025.