Council approves conditional rezoning for Pool Drive convenience store expansion and four fuel pumps amid contamination cleanup plan

Garner — The Town Council voted 3–2 on Feb. 4 to approve a conditional rezoning for two adjoining parcels at 900 and 910 Pool Drive that will allow an expanded convenience store and up to four fuel pumps, along with a new 5,000-square-foot retail building and an outdoor plaza with public art.

The rezoning (case CZMP-23-06) will allow the owner to expand the existing convenience store and to reconfigure the site; the applicant has committed in writing to a number of conditions now incorporated into the zoning approval, including limits on certain retail uses, window-advertising limits for nicotine/CBD products, added landscaping and an outdoor plaza with covered seating and a public-art element.

Why it matters: The parcels sit inside a neighborhood activity center along Avisborough Road and Pool Drive, and the site’s proximity to residences, a nearby park and busy state-maintained roads made the proposal contentious at the public hearing. The council and planning staff said the project's new conditions — notably the plaza and stricter screening, as well as restrictions on standalone vape/CBD shops — were key factors in recommending approval.

What council approved: Planner Erin Joseph presented staff’s findings and the project master plan, describing the rezoning as a mix of CMX (commercial mixed use) for the fuel sales frontage and NMX (neighborhood mixed use) for the adjoining parcel. The council packet shows the applicant agreed to narrow the list of permitted uses to 14 in CMX and 13 in NMX, and to limit window-mounted advertising for tobacco/CBD/vapor to a maximum of 5% of window area. The applicant also committed to provide a crosswalk linking Pool Drive to Avisborough Road, to preserve roughly 18,000 square feet of tree canopy, and to add more parking than the UDO minimum — 14 spaces where 9 were required for the convenience-store part and 23 spaces for the retail building.

Contamination and cleanup: The council hearing included a technical presentation from Rohit Shetty, a geotechnical/environmental consultant retained by the applicant, who confirmed that the site has documented releases from underground storage tanks (USTs) installed decades ago. Shetty said monitoring wells have delineated a contaminant plume, that the plume has been stable in sampled rounds, and that North Carolina Department of Environmental Quality (NCDENR/DEQ) oversight has driven the assessment schedule. The applicant has removed the non-operational pumps and canopy, and Shetty said the planned next steps include removal of the old tanks and piping, excavation and off-site disposal of contaminated soils where necessary, and possible in‑situ chemical oxidation/bioremediation techniques approved by state regulators. Shetty told council that the owner expects additional rounds of monitoring and that the state will require corrective action and will not allow the responsible party to walk away from remediation obligations.

Applicant comments: Sam Nye, the applicant’s representative, described the request as an effort to modernize and improve a small, neighborhood-serving fuel and convenience site. Alicia Kumar, representing the ownership family, told council the business is multi‑generational and locally rooted, and the expansion is intended to serve local families and park visitors "not to harm" the surrounding neighborhood.

Council reaction and vote: Council members debated traffic, buffering, the leaking-tank remediation status and signage/advertising limits. Council member Dellinger and Council member Singleton voted no, citing traffic and neighborhood concerns; Mayor Pro Tem Vance, Council member Behringer and Council member Matthews voted to approve. The motion to adopt the planning commission’s consistency statement and to approve the rezoning passed 3–2.

Next steps: Because the applicant will need building and utility permits, the project will go through the town’s development-review process (site-plan review, permitting and construction). DEQ oversight and required monitoring/remediation will continue in parallel and must be completed to state standards; the applicant also must finalize the cross-access and stormwater plans during site-plan review.

Ending: Councilmembers and staff repeatedly noted the project’s tight location near residences and NCDOT roads, and several members urged continued attention to traffic mitigation and remediation reporting as the project moves into permitting.