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Council approves conditional rezoning for small light-industrial site at 5828 Fayetteville Road
Summary
The council unanimously approved a Tier 1 conditional rezoning for 0.6 acres at 5828 Fayetteville Road (CZ24007) to Light Industrial Conditional with conditions including an operations-and-maintenance agreement for an on-site bioswale, following a unanimous planning commission recommendation.
The Garner Town Council voted unanimously May 20 to rezone a 0.6-acre parcel at 5828 Fayetteville Road from Rural Agricultural to Light Industrial Conditional (CZ24007), approving ordinance 20255335.
Town planner Thomas Veil told council the request from Flores Capital LLC (owner: Adelfo Flores) is a Tier 1 conditional rezoning that does not include a master plan but does include a narrow set of permitted uses and an added condition requiring an operations-and-maintenance agreement for a proposed bioswale on the site. "This is a tier 1 conditional rezoning request, to rezone 6 tenths of an acre from rural agricultural to light industrial conditional," Veil said.
The site sits on the west side of US 401 South near the intersection with Fayetteville Road and Colsac Street in an area that mixes single'family homes with smaller commercial and industrial uses. Staff evaluated the proposal against the town's growth framework and found six criteria strongly consistent, one modestly supportive and two strongly inconsistent; planners recommended the council find overall consistency and reasonableness. Planning Commission unanimously recommended approval at its April 14 meeting.
Neighbors and commissioners had previously asked about allowable uses, building materials, truck activity, access and bioswale inspection requirements; staff added the bioswale operations-and-maintenance condition in response. Veil said the neighborhood meeting had eight attendees and that the applicant narrowed the permitted uses during the review process.
Council member Elmo Vance moved to accept the planning commission's written consistency statement and to adopt ordinance 20255335 approving CZ24007; Council member Matthews seconded. The council took a voice vote and the rezoning passed unanimously.
The applicant indicated they will proceed with building plans. The ordinance includes conditions limiting uses and requiring an operations-and-maintenance agreement for stormwater features; staff recommended the council find the request consistent and reasonable based on the overall site intensity and the proposed mitigations.
