Garner planning commission unanimously backs ZTA‑24001 to revise multifamily and mixed‑use rules

The Garner Planning Commission voted 7–0 on Feb. 9 to recommend that the Town Council approve ZTA‑24001, a town‑initiated package of text amendments to the Unified Development Ordinance intended to refine multifamily districts, encourage vertical mixed use and correct several technical inconsistencies.

Planning staff summarized the package as addressing three purpose groupings: distinguishing the MFA and MFB multifamily districts so that MFB becomes a more urban, vertical mixed‑use district while MFA remains oriented to lower, garden‑style multifamily; introducing live‑work units and artisan‑shop uses; and updating density, setback and dimensional standards. "MFB, being the more urban style and the MFA being your more traditional, what we've seen in Garner over the years, garden or shorter," the staff presenter said in outlining the intent to emphasize vertical mixed use in MFB and to allow limited ground‑floor nonresidential uses as part of that vertical mix.

Under the changes, live‑work units would be a new allowed use in appropriate districts: small ground‑floor commercial spaces owned and operated with the residence above. "This amendment package would also introduce that live work unit as a new type of use and also specify which permitted, ground floor uses are are allowable," staff said. The proposal treats live‑work as single ownership (not a lease to an unrelated owner) but staff said conversions back to all‑residential or leasing scenarios can be accommodated through permitting and, where needed, rezoning or code review.

The package also limits where residential subdivisions may be placed near limited‑access highways. The existing overlay that extended 1,000 feet from interchanges would be narrowed to 300 feet to reduce the likelihood of new single‑family subdivisions immediately adjacent to interstates; a 50‑foot vegetative buffer would remain a requirement. Commissioners discussed whether developer‑funded, DOT‑standard sound walls and accompanying sound studies should be allowed to reduce setback requirements in specific cases, and staff said they would consider language to permit that option where warranted.

Other technical updates include clarifying which dimensional standards apply to upper‑story residential over ground‑floor nonresidential uses, removing obsolete minimum lot sizes for some multifamily types, and changing how building height is measured at the street face so ordinary attic or roof peaks do not make a home nonconforming under a 35‑foot limit. The package would also allow 6‑foot corner‑side fences to extend to the midpoint of a house (a standard staff cited from Holly Springs) while retaining safety restrictions near intersections.

Commission discussion flagged several practical concerns: commissioners asked what would happen if ground‑floor businesses in live‑work units failed and whether concentrated one‑off commercial vacancies could become blighted. Staff answered that site design requirements, rear parking/alleys and the rezoning process (for R8 versus R4 districts) should reduce those risks and make uses and expectations clearer to buyers and developers.

Commissioner Ralph Carson moved that the commission "accept the consistency statement drafted here in as your own written recommendation regarding the consistency of the request of the town's adopted land use plans" and recommend approval of case ZTA‑24001 to the Town Council with any text amendments arising from further review; Commissioner Michael Boylan seconded. The commission recorded seven ayes and the motion passed.

Town Attorney Terry Jones told commissioners the related state bill they had previously discussed "did not pass," and she introduced Simon Spain as a new assistant town attorney joining the legal team. Staff said the amendment package will proceed to the Town Council, where councilors will consider the Planning Commission's recommendation and any additional text changes staff may bring forward.

The Planning Commission also heard a brief director's report previewing the town transportation plan process and an advisory‑committee schedule; a community open house is planned for March.