Indian Trail planners recommend conditional zoning for 3.5-acre Rocky River/Poplin site to allow neighborhood commercial

The Indian Trail Board of Adjustment and Planning recommended approval of a conditional zoning request for four parcels at the intersection of North Rocky River Road and Poplin Road that total about 3.5 acres, staff said.

Town planner Jose Pena told the board the request, labeled CC 2024-0136 Rocky River and Poplin Commercial, is tied to annexation petition 171 and would assign a Neighborhood Business District (conditional) zoning to allow a commercial project. "This is connected to an annexation request. And so what we're considering tonight is the assignment of a zoning designation," Pena said. The applicant is Marybieland Investments; Terry N. Taylor was identified in staff materials as company president and three families were listed as property owners.

Staff said the parcels are currently zoned RA-40 in Union County and lie adjacent to the Southgate mixed-use development. Pena said the conditional zoning would allow a restaurant with drive-through services in addition to the by-right uses for NBD and that the applicant has committed to applying Southgate's design guidelines: "...whether this development is developed with Southgate or by itself, it's still going to follow those guidelines," Pena said.

The staff presentation emphasized that NBD is the least intensive commercial district and that the town's comprehensive plan shows the parcels in a mixed-use future land-use designation and inside a neighborhood services activity center. Pena said staff considers the request consistent with the comprehensive plan and recommended conditions to lessen impacts, including screening for drive-through facilities, adherence to Southgate design standards, reasonable efforts to locate vehicle access from Southgate internal roads rather than Poplin or Rocky River, and matching Southgate buffering standards.

A resident representative, Chris Dugan, speaking for property owner Bernice Kimbrell, told the board residents want a site plan before rezoning and raised concerns about grading, water runoff, vehicle access and traffic impacts. "We don't really have a site plan. We don't know exactly what's gonna go in," Dugan said, and requested an explicit condition prohibiting gas pumps or a gas station. Pena said the proposed CZ text already would limit other land uses and that a gas station would not be allowed without a CZ amendment: "Other land uses are prohibited unless a CZ amendment petition is submitted for review and approval."

Board members asked about access and whether drive-through stacking could spill onto Poplin or Rocky River; staff said a traffic impact analysis will be required at site-plan review and that NCDOT controls access locations on those state roads. Staff reported two community meetings on Jan. 6, 2025, attended by four residents; attendees raised concerns about missing concept plans, traffic, access points and right-of-way acquisition.

After discussion, the board passed a motion to recommend approval of CC 2024-0136 as presented by staff. The board recorded the recommendation and will forward it to town council, which will consider the related annexation and final zoning later in the process.