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Planning Commission backs text amendment to remove redundant SUP for tier‑2 residential rezonings

December 20, 2024 | Garner, Wake County, North Carolina


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Planning Commission backs text amendment to remove redundant SUP for tier‑2 residential rezonings
The Garner Planning Commission voted unanimously to forward a recommended text amendment (CTA‑25‑001) to Town Council that would remove the special‑use permit (SUP) requirement for residential projects that have already completed a tier‑2 conditional rezoning/master‑plan process.

Staff presented background on the local practice and peer jurisdictions. The current UDO requires an SUP for residential projects that exceed 200 dwelling units; staff described options including leaving the rule unchanged, repealing it, exempting projects that completed a tier‑2 rezoning (staff’s recommended option C) and raising thresholds by housing type. Option C would also narrow the current 10% allowable change in dwelling count after rezoning to 5%, so projects that materially exceed that margin would return to the public review process.

Commissioners debated the tradeoffs. Several said the SUP process gives Council an additional tool to require conditions or changes and voiced concern about losing public input or the ability to add conditions; others, and the mayor, said the SUP is often duplicative and quasi‑judicial, adding cost and delay. Mayor Buddy Gupton urged caution but expressed Council’s support for option C, saying the council wants to maintain high expectations while removing redundant proceedings. "We want to do more and better," Gupton said, and argued that detailed master plans shown in a tier‑2 rezoning give Council the information it needs to make decisions without an added SUP step.

After discussion, the commission accepted the draft consistency statement and voted 7–0 to recommend approval of CTA‑25‑001 (option C) to Town Council. The recommended change would not affect the commission’s role in the rezoning process; it would affect whether a separate SUP, a quasi‑judicial proceeding, is required after a detailed rezoning.

The item will be scheduled for Town Council consideration; staff said Council previously discussed the issue at work sessions and asked staff to craft the amendment.

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