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Garner planning panel finds rezoning request consistent but recommends denial over road capacity and access

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


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Garner planning panel finds rezoning request consistent but recommends denial over road capacity and access
The Town of Garner Planning Commission on Oct. 13 accepted staff's consistency statement for rezoning case CZMP24005 (Arden Subdivision) but voted unanimously to recommend denial to Town Council, citing concerns about transportation infrastructure and access.

Erin Joseph, a town planning staffer, told the commission the applicant requests a tier-2 conditional rezoning of about 54.4 acres in the town's extraterritorial jurisdiction at the northeast corner of 1010 Road and Old Stage Road to allow 136 single-family detached homes. "The applicant is requesting a tier 2 conditional rezoning of 54.4 acres from residential agricultural to residential 4 conditional, for the development of 136 single family detached units," Joseph said during her presentation.

The applicant, represented by attorney Hunter Winstead of Morningstar Law Group, described three changes made since the case was continued Sept. 8: designing stormwater controls to the 100-year event, committing a minimum of 60 linear feet of Green Street infrastructure, and restricting the vegetative aquatic shelf of the detention basin to native species. Winstead said the sewer capacity study has been approved by the City of Raleigh. "Folks, that's the homework that we've done," Winstead said.

Transportation and access were central to commissioners' concerns. Tyler Blang, a transportation engineer with Exalt Engineering, said NCDOT is installing a signal at Seastone Street and Old Stage Road that "should be complete by the end of this year." Blang also described the traffic study results: the development is estimated to generate about 1,340 daily trips, 99 AM-peak hour trips and 133 PM-peak hour trips; modeled operations were level-of-service C in the AM and D in the PM at the 1010 egress, with the PM delay measured at 25.7 seconds (the threshold between C and D is 25 seconds).

Commissioners pressed the applicant on whether the plan provides adequate street frontage and a second access to 1010 Road. Winstead and project team members said the design currently includes a single dedicated egress to 1010 Road plus stubs or future connections toward adjacent parcels; the applicant has submitted a draft development agreement addressing widening of 1010 Road and right-of-way dedication but those agreements had not been finalized. Town Attorney Terry Jones explained how the development agreement would work if right-of-way cannot be voluntarily acquired: the developer would attempt voluntary acquisition; if unsuccessful the town could use eminent domain or accept a fee-in-lieu, with costs borne by the developer.

Commissioner Ralph Carson moved that the commission accept the staff consistency statement but recommend denial of CZMP24005 to Town Council because "transportation infrastructure is not suitable and adequate for the proposed uses." Carson cited the single primary access to 1010 Road, added traffic to a corridor that is not yet fully built out, irregular southern parcel boundaries that could limit future infill, and the absence of finalized agreements with some property owners. The motion, seconded by Commissioner Michael Boylan, passed 6-0 (Shane Banks, Ralph Carson, Philip Jefferson, Geehan Hodges, Ben Mills and Michael Boylan voting aye).

The commission's action is a recommendation to Town Council; council will hold its own hearing and make the final decision on rezoning and any related development agreement. The draft conditions and consistency analyses are included in the planning packet and staff materials provided to commissioners.

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Scribe from Workplace AI
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