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Commission tables Exchange at 401 commercial rezoning to Feb. 10 after concerns over permitted uses
Summary
The Planning Commission voted 6-1 to table CZ-24-003 (Exchange at 401 Commercial), asking the applicant to consider removing fuel sales and self-storage from the permitted uses list and to provide refined plans for neighborhood-scale commercial development.
The Town of Garner Planning Commission voted 6-1 on Jan. 13 to table CZ-24-003, a tier 1 conditional district rezoning for roughly 8.32 acres at 7509 Fayetteville Road (U.S. 401), until the commission’s Feb. 10 meeting so the applicant can consider trimming the list of permitted uses and respond to commission concerns.
Staff said the applicant, represented by attorney Veil Gush and planner Beth Blackman of Timmins Group, requested rezoning from R-4 and R-4 C11 PRD Conditional to Commercial Mixed Use for two parcels within the Exchange at 401 development. Ms. Joseph, planning staff, said the applicant has narrowed potential uses to 33 of 62 allowed in CMX and proffered nine conditions, including a required outdoor community gathering space of at least 1,000 square feet with benches, a 500-square-foot flower bed with at least 50% pollinator-friendly plants, at least 55% brick/stone or decorative scored CMU as primary building material, covered building entrances or covered walkways, two pet-waste stations, 75% native and adaptive landscaping, warm-season grass for lawn areas, a 15-by-20-foot transit easement along the Fayetteville Road frontage, and sidewalks connecting the gathering space to adjacent residential areas.
NCDOT traffic counts for this segment of Fayetteville Road were cited at an annual average daily traffic of 34,690 (2023). Staff’s consistency review found four of five growth-framework criteria strongly consistent or modestly consistent; one modest consistency rating arose from transportation-choice criteria in the absence of a site-specific plan. Staff recommended an overall finding of consistency and a recommendation of approval, subject to the conditions in the packet.
Commissioners expressed particular concern about certain permitted uses remaining on the applicant’s list. "There are numerous gas stations in that immediate vicinity," said Ralph Carson, who asked the applicant to consider striking "convenience store with fuel sales" and self-storage from the list. Several commissioners echoed a desire for neighborhood-scale uses — small shops, cafes or services that would serve adjacent residences — rather than additional fuel or storage facilities.
Applicant representatives said they had no end user identified and wanted some flexibility while also committing to high-quality materials, a pedestrian network and a transit easement. "We do desire some flexibility given the situation," attorney Veil Gush said, adding the team had reduced the long list of permitted uses since the prior hearing.
Carson moved to table the application to the Feb. 10 meeting to allow the applicant time to discuss removing those uses and to return with a refined proposal; the motion passed 6-1 with Commissioner Michael Boyland casting the sole nay vote. The tabling will allow the applicant to consider changes before the commission makes a formal recommendation to Town Council.
Notes: Neighborhood meeting outreach included 295 mailed notices and five attendees; staff packet contains full consistency analysis and the applicant’s proffered conditions.
