Council forwards Liberty Healthcare rezoning for senior community to planning commission amid sewer and traffic concerns

The Garner Town Council on July 21 voted 4–1 to refer a conditional rezoning request (CZ26002) for approximately 31.24 acres along the US 401/1010 Road corridor to the planning commission for further review and public hearing.

Assistant Planning Director Erin Joseph and the applicant’s team said the rezoning to a conditional commercial mixed-use (CMX) district would permit an active adult retirement community plus surrounding commercial and office uses. Land-use counsel Worth Mills said the proposal would allow up to 450 dwelling units — including roughly 410 multifamily units (age-restricted) and up to 40 townhomes (at least half age-restricted) — and up to 69,000 square feet of nonresidential development. Mills described a pod-based plan and a 10.5% site open-space dedication and said the developer has secured easements for sewer access from adjacent property owners.

Traffic and sewer access drew most council questions. Staff’s traffic data showed the project would generate about 3,107 average weekday trips (308 AM peak, 310 PM peak) and a TIA completed in July 2025 recommended frontage widening and turn lanes; the town’s traffic consultant said the US 401/1010 intersection would operate at level of service E in the AM with or without the project. Council members pressed whether a proposed driveway connection at Lake Wheeler Road would be permitted by NCDOT; the applicant said NCDOT had discouraged that connection but the developer is still pursuing a driveway permit. Several residents and nearby landowners urged the council to ensure sewer easements and shared infrastructure would allow additional parcels to gain service; Michael Perry, a realtor representing adjacent owners, said getting sewer access across the Costco tract is a primary obstacle.

Council discussion emphasized concerns about adopting a tier 1 rezoning without a site-specific plan and the ability to assess downstream traffic and revenue implications. Council Member Dellinger summarized those worries: “The tier 1 nature of the project leaves us in a position where there’s an unknown revenue generation profile for this project,” and asked staff to forward detailed questions to the planning commission. After discussion, Council Member Vance moved and Council Member Matthews seconded a motion to refer the case to the planning commission. The council voted 4–1, with Council Member Stallings dissenting.

The planning commission will review plan-consistency findings and hold a public hearing before the council takes a final decision.