Town of Cary
North Carolina


17-REZ-01 6200 Holly Springs Road Rezoning


Department:Planning & Development ServicesSponsors:

Speaker:  Mary Beerman, Planning


Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning a 1.03-acre portion of a 1.41-acre parcel located at 6200 Holly Springs Road.  The property is currently in the Residential-40 (R-40) zoning district and Watershed Protection Overlay District (Swift Creek Watershed).  The property owner proposes to rezone the subject property to Transitional Residential Conditional Use (TR-CU), with zoning conditions that would limit land use to townhomes.


This rezoning has an associated Consistency and Reasonableness Statement.


Planning and Zoning Board Recommendation: The Planning and Zoning Board recommended approval by a vote of 6-0.


Recommendation: That Council consider action on the proposed rezoning request.


NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Section 3.4.1(E) of the Land Development Ordinance sets forth the criteria that should be considered in reviewing rezonings. Technical design standards of the Land Development Ordinance are addressed during review of the development plan.




Property Owner

County Parcel Number(s)

Real Estate ID(s)

Deeded Acreage

Robert and Virginia Maynard

0772653163 (Portion)

0229518 (Portion)

1.03 ±


Click the map to see surrounding development activity.






Property Owners

Applicant’s Contact

Richard Ladd

205 Rutherglen Drive

Cary, NC  27511


1.03-acre ± portion of a 1.41-acre parcel

General Location

6200 Holly Springs Road

Council District

District C


Town Council Public Hearing
March 30, 2017

Planning & Zoning Board
May 22, 2017

Town Council

June 22, 2017

Existing Zoning Districts

Residential 40 (R-40); Watershed Protection Overlay District (New Urban category within Swift Creek Subarea)

Existing Zoning Conditions


Proposed Zoning Districts

Transitional Residential Conditional Use (TR-CU); Watershed Protection Overlay District (New Urban category within Swift Creek Subarea)

Proposed Zoning Conditions

1.  Land Use shall be limited to townhomes

Town Limits

The subject property is located outside the corporate limits but inside the Town of Cary ETJ.  Annexation will be required prior to development plan approval.

Staff Contact

Mary Beerman, Senior Planner

(919) 469-4342




The subject property is identified as parcel “A” on the map below. 


Previous Rezoning Approval for Adjacent Property

§         Parcels B and C (on the map below) were the subject of a previous rezoning case, 14-REZ-11 (Kensington Place). 

§         That rezoning case was approved in September 2014 and changed the zoning of those areas from R-40 to TR-CU. 

§         Zoning conditions included limiting land use to townhomes, the same as is proposed for this rezoning request, and widening Holly Springs Road along the frontage of Parcel A (the subject property).

(In addition, 14-REZ-11 included additional zoning conditions related to perimeter buffers adjacent to the subdivision to the west).


Approved Development Plan and Proposed Future Development

§         A development plan for 63 townhomes (15-SB-015, Piper’s Crossing) has been approved for Parcel C.

§         Parcel B was included in rezoning case 14-REZ-11, but was not included in the Piper’s Crossing development plan.

§         Currently, Parcels A and B each contain an occupied detached dwelling.  

§         The applicant has indicated an intent to incorporate Parcels A and B into Piper’s Crossing when those residences are no longer occupied.


Access and Improvements On Holly Springs Road

The Comprehensive Tranportation Plan component of the Imagine Cary Community Plan, adopted on January 24, 2017, changed the future cross-section of Holly Springs Road between Tryon Road  and NC-540 (proposed to cross Holly Springs Road near the intersection of Ten Ten Road and Holly Springs Road) from 4 lanes with a median to 6 lanes with a median.


Requirements of Comprehensive Transportation Plan – Piper’s Crossing (15-SB-015)


§         The Kensington Place Rezoning case (14-REZ-11) included Areas B and C, with a zoning condition requiring dedication of right-of-way and widening of Holly Springs Road along the frontage of Area A (subject property). 


§         The development plan for Piper’s Crossing (Area C) was approved prior to January 24, 2017, the date the Imagine Cary Community Plan was adopted.


-          Right-of-way dedication and road construction requirements are thus based on a 4-lane cross-section section along the frontage of Area A. 


-          Construction drawings for the 4-lane right-of way dedication and road widening along the frontage of Areas A and C have been approved*. 


-          Completion of these improvements will be required prior to issuance of any building permits for the approved townhome units. 


*A plan revision is in process to adjust the starting point for the median to allow a full-movement access point at the northern driveway access point for the circular driveway on the subject property.


Requirements of Comprehensive Transportation Plan – Future Development of Areas A & B


§         When development plans for Parcels A and B are submitted, right-of-way dedication and road construction requirements will be based on the 6-lane cross-section currently required by the CTP, rather than the previously-required 4-lane cross-section.


§         This will result in a requirement for 12.5 additional feet of right-of-way dedication and construction of one additional travel lane, compared to the requirements for Piper’s Crossing (Parcel C).


Access to Holly Springs Road


Parcel A contains an existing residence with a circular driveway with 2 access points.



Initial improvements to Holly Springs Road along the frontage of Parcel A (associated with the Piper’s Crossing development plan) will result in right-in/right-out movement at the southern driveway on access on Parcel A.  The northern drveway access point will remain full movement until the property is redeveloped. 


Parcel B contains an existing residence with a single access point.  Parcel C (Piper’s Crossing) also includes a single access point.  Future redevelopment on parcels A and B will likely be integrated with Piper’s Crossing.  The driveways  serving the existing residences will likely be eliminated at that time, with all lots developed on Parcels A, B and C accessing Holly Springs Road through Piper’s Crossing.



Attached are the applicant’s responses to the justification questions contained in the application form. *


*Please note that those statements were prepared by the applicant and do not necessarily represent the views or opinions of the Town of Cary.




Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website and posted on the subject property.


Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on February 1, 2017.   According to the information submitted by the applicant, seven nearby property owners attended the meeting.   Questions and concerns expressed at the meeting pertained to traffic, widening of Holly Springs Road, and perimeter and streetscape buffers, as summarized in the attached meeting minutes submitted by the applicant.


Town Council Public Hearing (March 30, 2017)

There was one speaker at the public hearing.  Questions and discussion by council focused primarily on how the property would be incorporated into the adjacent townhome development, and road improvements and access along Holly Springs Road (see discussion above under “Summary of Request” for an explanation of these issues).


Planning and Zoning Board Meeting (May 22, 2017)

The Planning and Zoning Board recommended approval by a vote of 6-0.  There were several questions related to the timing of future road widening along Holly Springs Road.




Streams:  Cary’s most recent GIS maps do not indicate the presence of streams on the subject property. Field determination of such features is required at the time of development plan review.




Adjacent Zoning and Uses:



cary community Plan conformance and analysis


The 2040 Cary Community Plan is the comprehensive plan for the Town of Cary, adopted on January 24, 2017.  This report section identifies policies and elements of the Community Plan that are relevant to this rezoning case, and provides an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.


Attached is a complete listing of each policy statement within the Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, staff has identified the policies applicable to this case. Provided below is analysis of the applicable policies.


LIVE Policies

Maintain Neighborhood Character (Policy 1) 

Provide More Housing Choices for All Residents (Policy 2) 

Support Residential Development on Infill and Redevelopment Sites (Policy 5) 

Encourage and Support the Provision of Affordable Dwellings (Policy 6) 


This rezoning request for Transitional Residential Conditional Use (TR-CU), with zoning conditions that would limit land use to townhomes, will likely maintain and strengthen neighborhood character through facilitation of a transition between land uses—from non-residential and mixed use in the Destination Center (shown in brown in the Future Growth Framework image below) to the nearby single-family neighborhoods.  Adding townhomes on the subject property will provide another housing choice for this area that appears to have more single-family detached housing and some multi-family housing; this supports the Community Plan’s goal of providing more housing choices for all residents.


The subject property is considered a redevelopment site because it includes an existing single-family home.  It may be considered an infill site due to its location between Colonial Baptist Church property and existing and planned residential development.  The future development of the site may or may not support the provision of affordable dwellings; however, the Community Plan encourages and supports affordable housing in response to the changing needs of Cary’s families.

ENGAGE:  Goals from the Parks, Recreation and Cultural Resources Master Plan

Provide citizens with a highly functional, safe and well-maintained greenway network that provides recreation, transportation, and education opportunities and wildlife benefits opportunities.  (Goal 2)

The PRCR Master Plan proposes no parks or greenways for this particular site.  The existing Speight Branch Greenway is located less than .5 mile to the west of the subject property, and the proposed Campbell Greenway will be approximately 800 feet to the east.  There is a future park site located within .5 mile to the north on Tryon Road.


In accordance with the LDO, a park land dedication or payment in lieu of parkland will be required for residential development.  Staff recommends a payment in lieu of land dedication.

ENGAGE:  Goals from the Historic Preservation Master Plan

Preserve, Protect and Maintain Cary’s Historic Resources (Goal 2)

Preserve Historic Contexts  (Goal 3)

There are no historic resources on the subject property.

SHAPE Policies

Support and Facilitate Redevelopment and Infill Development (Policy 4)

Provide Appropriate Transitions Between Land Uses (Policy 6)

Preserve and Maintain Cary’s Attractive Appearance and Quality of Development (Policy 8)

A rezoning of the subject property to Transitional Residential Conditional Use (TR-CU), with zoning conditions that would limit land use to townhomes, would facilitate a seamless transition from the Destination Center to the north, through the adjacent approved townhome development plan (Pipers Crossing), to the single-family neighborhoods to the west and south.  This transition would be created through decreasing intensities of land use—mixed use to townhomes to single-family homes. 


Cary’s attractive appearance and quality of development is envisioned by the Cary Community Plan and defined by the Town of Cary Site Design Standards, Community Appearance Manual, and Land Development Ordinance.

Future Growth Framework Map

The Development Category for the subject property is Traditional Neighborhood, shown in the peach color in the below image.  This type of residential area typically contains some degree of housing mix, although single- family-detached housing prevails.  Predominant use types for this category include single-family-detached, single-family-attached, and small scale multi-family housing.  Transitional Residential (TR) zoning is an appropriate district for the Traditional Neighborhood Development Category.



MOVE: Comprehensive Transportation Plan


Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible.

Holly Springs Road


Existing Road Cross Section:  24-foot roadway width (2 lanes) in a 110-foot right-of-way


Future Holly Springs Road: 6-lane median-divided thoroughfare


Future Planned Road Cross Section:  102-foot roadway width in a 125-foot right-of-way

Sidewalks:  5 feet on both sides
Bicycle Lanes:  14-foot-wide outside lanes on both sides

Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  N/A


Transit:  The nearest existing fixed-route transit service is provided by GoTriangle Route No. 305, which at its closest stop is about one mile from the site.  Existing service also exists via GoCary Routes 1 and 2, serving the Crossroads area, with the nearest stops also located about one mile from the site.  Long-term service expansion plans for GoCary envision a future route that will run along Tryon Road, approximately 1/4 mile north of the site.  However, the future service year for such a route has not yet been set, and the final routing may change.


Streets in Cary are typically constructed or widened in increments, with developers generally completing the half- width section along their frontage when the property is developed.  Construction of off-site improvements are not required but may be voluntarily offered as zoning conditions by applicants for rezoning cases.  In some cases construction of off-site improvements may be required by NCDOT.



key requirements of the LAND DEVELOPMENT ORDINANCE


Land Use  

Townhomes are permitted in the TR Zoning District.

Density and Dimensional Standards



Existing R-40 Zoning District

Proposed TR-CU Zoning District

Max. Gross Density

1.08 du/acre

6.0 du/acre

Min. Lot Size

40,000 square feet


Minimum Lot Width

150 feet 

(160 feet for corner lots)

20 feet per dwelling unit

Roadway Setback

50 feet  from Holly Springs Road

18 feet from internal streets

Side Yard Setback

20 feet (with septic tank/well)

15 feet (with public sewer)

0/3 ft.

(firewall required where setback on either side is less than 3 feet)

Building Separation


16 feet between building groupings

Rear Yard Setback

30 feet

3 feet minimum, 20-foot minimum for combined front and rear

Maximum Building Height

35 feet (May be increased by one foot for every additional foot provided between the building footprint and the minimum required setback).


Perimeter Buffers and Streetscape

A shared 40-foot-wide Type A (opaque) buffer will be required between the subject property and the residential property to the north. 


It is expected that the subject property will be incorporated into the adjacent Kensington Place development.  In that case, no perimeter buffer would be required along the western and southern property lines.  If the subject property is developed independently, a 20-foot- wide Type B (semi-opaque) buffer will be required along the western and southern property lines. 


A 50-foot streetscape buffer is required along Holly Springs Road.



The proposed rezoning of 1.03 acres of the 1.41 acre property would be limited to six townhomes. Based on the ITE Trip Generation Manual, Land Use Code 230 – Residential Condominium/Townhouse, the proposed rezoning is anticipated to generate approximately 3 AM and 3 PM peak hour trips. The threshold for a traffic study is 100 peak hour trips; therefore, a traffic study was not required.



At the time of development plan review, the future plan must meet all stormwater management and detention requirements of the Land Development Ordinance.



staff recommendation


Based on the analysis in this staff report, Town Staff’s recommendation is for approval of the rezoning request with the conditions as proposed by the applicant.


Rationale for Recommendation

·     The rezoning request was found to be consistent with policies of the Cary Community Plan, specifically policies found in the chapters for LIVE, ENGAGE, SHAPE and MOVE.

·     The Development Category for the property shown on the Future Growth Framework Map is “Traditional Neighborhood”, which is described as being predominately single-family detached, with some degree of other housing types, including townhomes and small scale multi-family housing. The proposed use of townhomes is an appropriate land use which could be incorporated into the adjacent townhome development which is currently under construction.

·     The subject site is considered an infill site because it is adjacent to properties that are developing at a higher intensity.