Garner planning commission recommends rezoning 8.32 acres on U.S. 401 to commercial mixed-use

The Garner Planning Commission on Feb. 10 voted 6-1 to recommend that Town Council approve a conditional rezoning of about 8.32 acres at 7509 Fayetteville Road (U.S. 401) from R-4 conditional residential to Commercial Mixed Use (CMX-C317 conditional).

The commission's recommendation follows staff's finding of a 'strong level of consistency' with the town's adopted growth framework and land-use plan, and it sends the request to council for a final decision.

The rezoning case, filed as CZ240003 and continued from the planning commission's Jan. 13 meeting, would cover two parcels on the eastbound side of U.S. 401. The applicant's filing initially listed a broad set of permitted commercial uses; the team reduced that list from about 33 uses to 32 and removed 'convenience store with fuel sales' as a permitted use. Neil Ghosh, an attorney with Morningstar Law Group representing the applicant, said, "We have removed convenience store with fuel sales as a permitted use." Ghosh and developer representatives said they left self-storage among the possible uses.

Developer Danny Copeland of RST Development told the commission the team has marketed the parcels for more than a year and has seen limited interest to date. Copeland described local development activity he said will drive future demand: the under-construction Taren at 401 apartments (about 251 units), the Exchange at 401 subdivision by Pulte Homes (the applicant described it as north of 700 single-family and townhouse homes), and the Bennett assemblage (described by the applicant as including roughly 270 apartment units, 83 single-family lots and 94 townhouse lots). Copeland said those projects amount to more than 1,000 new rooftops near the site.

Russell Stewart of Lee & Associates, retained as the applicant's market consultant, described his concern about oversize retail. "Over 20,000 square feet, my concern is that it sits vacant," Stewart said, adding that he and the applicant believe the market can support about 15,000 to 20,000 square feet of neighborhood-oriented retail comprised of smaller (1,000- to 2,000-square-foot) storefronts.

Commissioners asked about site configuration and access. A planning staff member noted the two parcels are separated by a road and said recombining them would be impractical because the road bisects the sites. Commissioner Ralph Carson thanked the applicant for removing fuel sales and said he was supportive of the compromise. Commissioner Michael Boyland and other commissioners urged attention to site design so that any self-storage use would not read as a metal warehouse but would meet the town's character and architectural expectations.

Planning Director Jeff Trezenberg reminded the commission that the site lies within Garner's commercial highway overlay (formerly referenced as the 7401 overlay), which imposes additional architectural and design standards.

Motion and vote

The planning commission moved to find CZ240003 consistent with the town's land-use plan and to recommend approval to Town Council. The motion text on the record concluded that the request for approximately 8.32 acres from R-4 C11 RPD conditional to CMX-C317 conditional "is consistent with the town's adopted land use plans." The vote was: Mariah Bishop, Aye; Ralph Carson, Aye; Philip Jefferson, Aye; Jeehan Hodges, Aye; Ben Mills, Nay; Sherry Phillips, Aye; Michael Boyland, Aye. The motion passed 6-1.

Next steps

The commission's recommendation is advisory; Town Council will hold its own review of the case and a separate decision on reasonableness and approval. Staff said it has provided a draft consistency statement and a draft motion for the commission and will forward materials to council. The applicant said it seeks flexibility to attract a range of neighborhood-serving uses and indicated it may pursue speculative retail development if rezoning is approved.

Clarifying details captured from the meeting

- Case: CZ240003 ("401 Exchange Commercial"); site address given as 7509 Fayetteville Road (U.S. 401). - Area: approximately 8.32 acres. - Current zoning described on the record: residential R-4 C11 RPD conditional (site-specific previous conditions noted in file). - Proposed zoning: Commercial Mixed Use (CMX-C317 conditional). - Change to permitted uses: applicant reduced listed permitted uses from about 33 to 32 and removed "convenience store with fuel sales"; self-storage remains a listed potential use. - Market expectation stated by the applicant and consultant: approximately 15,000 to 20,000 square feet of neighborhood retail likely supportable; concern that retail over ~20,000 sq ft could remain vacant. - Nearby pipeline projects cited by applicant: Taren at 401 (stated ~251 apartments under construction), Exchange at 401 by Pulte Homes (stated north of 700 for-sale single-family and townhouses), Bennett assemblage (stated ~270 apartments, 83 single-family lots, 94 townhouse lots); applicant described these combined as >1,000 nearby rooftops. - Parcel configuration: two parcels separated by a road that limits practical recombination. - Vote: commission recommendation to Town Council passed 6-1 (Ben Mills opposed).

Ending

The rezoning for the U.S. 401 parcels now moves to Garner Town Council for final consideration. Planning staff and the applicant said they will provide additional materials to council; commissioners asked staff and the applicant to pay attention to site design and pedestrian connections if and when a specific site plan is proposed.