Indian Trail planning board recommends conditional zoning for 3.5-acre Rocky River/Poplin site

The Town of Indian Trail Board of Adjustment and Planning voted to recommend approval of a conditional zoning request to rezone four parcels totaling about 3.5 acres at the intersection of North Rocky River Road and Poplin Road to Neighborhood Business District with conditions.

Town planner Jose Pena said the request, filed as CC-2024-0136 Rocky River and Poplin Commercial and tied to Annexation 171, would introduce small-scale commercial uses where the properties are now Union County RA-40 residential-agriculture. “This is connected to an annexation request,” Pena said, and the annexation hearing will be heard by town council on Feb. 11.

The rezoning application, submitted by Marybieland Investments and represented at the hearing by Terry Ann Taylor (president), asks for conditional Neighborhood Business District (NBD/CZ) zoning that would explicitly allow a restaurant with drive-through services in addition to the by-right NBD uses. Pena said the applicant has stated the development would adhere to the Southgate Mixed Use project’s design guidelines whether it is developed independently or as part of the Southgate village.

The staff presentation described the site as four parcels of roughly 3.5 acres that currently host occupied residences and sit adjacent to the under-construction Southgate project. Pena said the town’s comprehensive plan designates the parcels for mixed use and places them inside a neighborhood services activity center, which the plan intends to accommodate small-scale, low-intensity commercial uses within roughly a five-minute drive.

At a Jan. 6 community meeting, four residents attended and raised concerns about the absence of a site plan, traffic impacts, vehicle access points and right-of-way acquisition. Attorney Chris Dugan spoke for a nearby property owner, Bernice Kimbrell, and asked that the board deny rezoning until a site plan is provided; he also requested an explicit condition prohibiting gas pumps or a gas station. “My clients are concerned that the development would have a traffic impact,” Dugan said, adding they wanted any stacking for drive-through facilities to occur within Southgate rather than on Poplin or Rocky River roads.

Pena and staff responded that specific engineering and grading questions would be addressed at site-plan review, that any right-of-way acquisitions would be taken from the subject properties rather than adjacent private land, and that vehicle-access locations on state-maintained roads would ultimately require NCDOT approval. Pena said staff’s recommended conditions include screening for drive-through facilities, adherence to Southgate design guidelines (by ordinance/CZ reference), reasonable efforts to prioritize internal Southgate access rather than direct access on the main roads, and buffering consistent with Southgate standards.

Board member Ken Curtis moved to recommend approval as presented by staff; Chair Cynthia Wiley seconded. The motion passed with the board voting in favor.

The board’s recommendation will be forwarded to town council, which will consider annexation 171 and the conditional zoning request at its public hearing on Feb. 11.