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Council continues Yergan Road Apartments special‑use hearing after debate over commercial uses, traffic and buffers
Summary
Council held a multi‑hour quasi‑judicial hearing on a 257‑unit apartment proposal at Yergan Road and U.S. 70 and voted 4–1 to continue the special‑use permit review so staff and the applicant can study alternatives, including whether portions of the site should be reserved for commercial use and how to preserve trees along the U.S. 70 frontage.
The Garner Town Council continued its review of a special‑use permit application for a 257‑unit apartment complex at Yergan Road and U.S. 70 after an extended presentation from the applicant and a lengthy council debate over whether the site should include commercial uses and how to address traffic and tree preservation.
The applicant — Blue Heron Asset Management — presented site plans, architectural elevations and transportation analysis for the three‑building, four‑story proposal. Technical witnesses, including traffic and appraisal experts, testified to the development’s traffic impacts and to market effects on adjacent property values. After more than an hour of council debate that highlighted competing views about commercial development along Highway 70, council voted 4–1 to continue the hearing to a future date to allow time for additional analysis and possible revisions.
Why it matters: the property at the Highway 70/Yergan Road intersection is within a major commercial corridor identified in the town’s planning documents. Council members and nearby residents questioned whether a large residential development on this frontage — without retail or employment uses — would best meet the town’s adopted plans and long‑term economic goals. Council also requested additional detail on preserving the existing tree canopy and on mitigating traffic and noise along Highway 70.
What the applicants presented Blue Heron representatives described the project as a three‑building apartment complex with 257 units and supporting amenities including a pool, fitness center and internal trails. Staff and the development team said the site is zoned CMX (commercial mixed use) and that the special‑use permit is required for a multifamily use of this scale. Applicants said the site is largely wooded and indicated they would preserve significant tree cover, plant additional canopy and construct stormwater ponds to meet state and town watershed rules. The team also highlighted architectural changes they said addressed earlier community concerns and emphasized that the project would provide more on‑site tree canopy than required by the UDO.
Technical testimony and public concerns Traffic engineers presented a traffic impact analysis prepared under NCDOT and town guidance; with proposed turning‑lane and access improvements the study found intersections would operate at acceptable levels of service. Appraiser Nick Kirkland presented a property‑value impact review and concluded the development would not “substantially injure the value of adjoining property,” citing local comparable sales and building distances.
Several council members and members of the public, however, pressed for more study. Mayor Gupton said he believed the site — directly on Highway 70 at a major intersection — should better support commercial uses consistent with the Garner Forward plan. He stated that the proposed all‑residential plan was “not the right time at the right place” for the location and urged staff and the applicant to consider commercial or mixed‑use alternatives. Other council members raised questions about preserving the mature tree canopy along the U.S. 70 frontage, locating active amenities (for example, the pool) near a noisy arterial, and the timing of long‑range roadway projects that could change future traffic patterns.
Council action After extended discussion, a motion to continue the quasi‑judicial special‑use hearing carried by roll‑call vote. Council voted to continue the case to a date to be determined and instructed staff and the applicant to provide additional analysis and potential alternatives, including examining whether portions of the site can support commercial uses, providing a clearer tree‑preservation plan for the U.S. 70 frontage and refining site layout to reduce noise exposure to resident spaces.
Ending The town attorney noted that any future continuance date will require public notice before a subsequent hearing. Council members and staff asked the applicant to remain available while the requested additional information is prepared so the matter can return to council with a complete record for decision.
