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Council reopens Yergan Road SUP hearing, continues decision to Dec. 16 after legal and policy debate
Summary
After detailed presentations from the applicant and expert witnesses, Garner’s council reopened the quasi‑judicial hearing on the Yergan Road Apartments (SUP2305). Councilmembers debated whether the 257‑unit proposal complied with UDO special use criteria and the Garner Forward plan; lacking a motion to approve or deny, the council voted unanimously to continue the hearing to Dec. 16 to seek additional information and legal guidance.
The Town of Garner reopened a quasi‑judicial hearing on Nov. 18 for Special Use Permit SUP2305 (Yergan Road Apartments), a proposed three‑building, four‑story apartment development totaling 257 units on 10.7 acres in the CMX zoning district. After testimony and evidence presented at an August 19 session and additional materials submitted for the Nov. 18 hearing, councilors debated whether the development satisfied the town’s eight UDO special use permit criteria.
Staff (development review manager Nick Topelski) summarized the proposal and TRC findings, which concluded that the plan complies with UDO requirements if listed conditions are met (lot recombination, mail kiosk prior to occupancy, frontage lighting, fees in lieu of parkland dedication per unit, engineering reviews and applicable fees). Applicant counsel Worth Mills (Longleaf Law Partners) and Blue Heron Asset Management’s team presented expert materials (traffic, appraisal, and site design) and asked council to accept the existing August and Nov. 18 materials into the record and to recognize retained consultants as experts.
Applicant witnesses (traffic and appraisal experts) and town staff testified that the proposed development meets the UDO criteria for public safety, consistency with the UDO, and mitigable impacts; counsel noted that North Carolina case law limits council’s authority in quasi‑judicial SUP decisions where the UDO permits the use. Several council members—including the mayor and Councilmember Dellinger—expressed concerns under SUP finding 4 (consistency with adopted plans), arguing the project is not consistent with the Garner Forward comprehensive plan’s guidance on commercial mixed‑use corridors, tree canopy preservation and natural environment protections. Councilmember Singleton and others warned that denying an SUP that satisfies UDO criteria can invite litigation and a court order compelling approval.
A motion to approve was made but died for lack of a second. The mayor asked the town attorney and staff whether the council could continue the hearing to gather additional legal advice or receive further evidence; the council moved to continue the open hearing and set a continuation date of Dec. 16, 2025. The continuance passed by roll call vote (5–0). The council directed staff to identify the specific additional evidence or expert testimony they would like to receive before that date (for example, recalling expert witnesses or obtaining legal research on contested factual standards and the interplay between the UDO and the comprehensive plan).
