Town of Cary
North Carolina

Referred to Planning & Zoning
Oct 26, 2017 6:30 PM

17-REZ-22 Maple Springs Drive Rezoning


Department:Planning & Development ServicesSponsors:

Speaker: Debra Grannan, Planning


Executive Summary:  The applicant, Terramor Homes, Inc., has requested the Town consider an amendment to the Town of Cary Official Zoning Map by applying initial Town of Cary zoning of Residential 12 Conditional Use (R-12-CU) and Watershed Protection Overlay District (Jordan Lake Subdistrict) to approximately 1.1 acres located at 4121 Maple Springs Drive.  The subject property is located northwest of the intersection of White Oak Church Road and Green Level West Road and is currently in Wake County’s jurisdiction with a zoning designation of Residential 40 Watershed (R-40-W.)  The applicant has proposed zoning conditions to limit the density to a maximum of two (2) dwelling units per acre.


There is an associated owner-initiated Annexation Petition 17-A-09.


Recommendation: That Council conduct a public hearing on the proposed rezoning request and forward to the Planning and Zoning Board. Staff will provide a recommendation on the rezoning request when the case is brought back to Council for action.


Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the P&Z Board meeting.


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 site or subdivision plan.




Property Owner(s)

County Parcel Numbers

Real Estate IDs

Deeded Acreage

Marcia A. Coleman

PO box 1073

Apex, NC 27502



1.1 ±

Total Area

1.1 ±


Click the map to see surrounding development activity.







1.1 +/-


4121 Maple Springs Drive


Town Council Public Hearing
October 26, 2017

Planning & Zoning Board

Town Council


Existing Zoning District(s)

Wake County Residential 40 Watershed  (R-40-W)

Existing Zoning Conditions


Proposed Zoning District(s)

Residential 12 Conditional Use (R-12-CU)

and Watershed Protection Overlay District (Jordan Lake Subdistrict)

Proposed Zoning Conditions

1.      Residential density for new development of the property shall be no greater than two (2) dwelling units per acre.

2.      Uses shall be limited to detached residential and neighborhood recreation.

3.      The lot area for residential lots shall be calculated based on the actual lot size and shall not include any adjacent land area which is located within a riparian buffer.


Town Limits

The subject property is located outside the corporate limits and the Town of Cary ETJ.  An owner-initiated annexation petition, 17-A-09, has been submitted by the property owners in conjunction with this rezoning request.


Pablo Reiter

Terramor Homes, Inc.

7208 Falls of Neuse Road, Suite 201

Raleigh, NC 27615

Applicant’s Contact

Jason Barron

Morningstar Law Group

630 Davis Drive, Suite 200

Morrisville, NC 27560

Staff Contact

Debra Grannan

Senior Planner

(919) 460-4980





The applicant, Terramor Homes, Inc., has requested the Town apply initial Town of Cary zoning of Residential 12 Conditional Use (R-12-CU) to approximately 1.1 acres of land located at 4121 Maple Springs Drive. The subject property is located within the Green Level Special Planning Area of the Cary Community Plan, but is located outside the Green Level Historic District.  The applicant has proposed to limit the use to detached residential and limit the maximum density to two (2) dwelling units per acre.  The applicant has offered a zoning condition that states that lot area calculations shall not include any land area in adjacent riparian buffers. 




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 Wednesday, September 6, 2017.  Other than the applicant, no one attended the meeting for this case.


Applicant’s Justification Statement

Attached are the applicant’s responses to the justification questions contained in the application form.  Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.





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


Adjacent Zoning and Uses:




The subject property is currently located in Wake County with a zoning designation of Residential 40 Watershed (R-40-W).  The same zoning applies to the land to the east of the site.  To the north, south and west is approximately 32.22 acres of land which was part of a recently approved rezoning case 17-REZ-03 for Residential 12 Conditional Use (R-12-CU) Zoning.


South of the recently approved Terramor rezoning case (17-REZ-03), on the opposite side of Green Level West Road, is land which is under Apex’s jurisdiction. There are two residential developments currently under construction, Weddington with a density of 1.5 dwelling units per acre and Enclave with a density of 3 dwelling units per acre.


cary community Plan conformance and analysis


Consideration of the rezoning request will be primarily informed by weighing the priorities of the CCP policies identified as most relevant for this case. Given the location and the proposed use for the parcel and the condition offered by the applicant regarding lot area calculations, the primary policies to be considered are: LIVE Policies 1- Maintain Neighborhood Character, 2 - Provide More Housing Choices, and 5 - Support Residential Development on Infill and Redevelopment Sites, and SHAPE Policy 6Provide Appropriate Transitions between Land Uses



The Town’s LIVE policies respond to the housing challenges and opportunities facing Cary by:

§         Providing a variety of housing choices

§         Meeting new household needs

§         Maintaining high quality established neighborhoods 


Policy 1:  Maintain Neighborhood Character


Staff Observation: Redevelopment can present an opportunity to modernize homes and neighborhoods, while upholding the character and design of a neighborhood.

The proposed density of two dwelling units per acre provides a gradual change from the existing development to the east of the property and is identical to the proposed development to the west of the site. It is also compatible with the recently approved Apex developments to the south; which include the Enclave with an approved density of three dwelling units per acre and the Weddington neighborhood with 1.5 dwelling units per acre.   Furthermore, the applicant’s proposed condition to calculate lot area based on actual lot area and not take credit for area in stream buffers supports development that is closer to the character of existing neighborhoods in the vicinity.


Policy 2:  Provide More Housing Choices for all Residents


Staff ObservationThe proposed zoning of R-12-CU does not in itself offer a variety of housing options in terms of dwelling type; but the ¼-acre lot size may create some flexibility in terms of lot size in the vicinity. This is consistent with the vision for this area (Neighborhoods west of Flat Branch) outlined in the Cary Community Plan which assumes a less dense bucolic appearance that “blends rural character with green suburban neighborhoods” with housing mainly composed of detached dwellings largely on ¼-acre lots.


Policy 5:  Support Residential Development on Infill and Redevelopment Sites


Staff ObservationThis policy is to promote and support context sensitive development which is compatible with, and sensitive to, the transition to neighboring properties. The proposed rezoning would provide both a sympathetic transition to the mostly large lot existing housing developed under Wake County’s jurisdiction to the east of this site and the newer neighborhoods currently being developed both in Cary and in Apex. This proposed rezoning would thus support the aims of this policy.


Furthermore, there are a number of existing homes on the subject property; redevelopment may present an opportunity to modernize the homes in the vicinity. 




Engage: PRCR Plan Goal 1 - Maintain a diverse and balanced park and open space system as the Town of Cary grows.


Engage: PRCR Plan Goal 2 - Provide Cary citizens with a highly functional, safe, well-maintained greenway network that provides recreation, transportation, and education opportunities and wildlife benefits.


Staff ObservationAccording to the Parks, Recreation and Cultural Resources Facilities Master Plan, the subject property is located approximately a ½ mile south of the P-003 future park site on White Oak Church Road, and is adjacent to the American Tobacco Trail.

The Master Plan proposes no public park site on the subject properties, and does not propose the site for conservation open space.


A recreation fund payment or park land dedication will be required in accordance with the Land Development Ordinance.  Staff recommends a recreation fund payment at development.




The Town’s SHAPE policies guide future growth by creating the geographic development framework that best achieves the vision and policies contained in the other plan chapters, particularly LIVE, WORK, SHOP, ENGAGE, MOVE, and SERVE.


Policy 4:  Support and Facilitate Redevelopment and Infill Development


Staff Observation:  The proposed rezoning is adjacent to a recently approved case where 32.22 acres were rezoned from Wake County R-40-W to Residential 12 Conditional Use.  It is likely that this rezoning case may further facilitate a redevelopment project.


Policy 6:  Provide Appropriate Transitions between Land Uses


Staff Observation: This policy is designed to address transitions between different types and intensities of land uses. It is highly likely, based on current development proposals and rezoning requests, that the land uses adjacent to this development will be residential with similar land use intensities. Cary’s LDO standards for a perimeter buffer to the north will be determined based on the future development plans for that area. To the east, no buffers will be mandatory (although they may be instituted by the developer) as the LDO does not require buffers between developments of detached residential dwellings that are on lots of 8,000 square feet or larger.


Growth Framework Map

Within the Green Level Special Planning Area, the subject property is located with the area described as being “Neighborhoods West of Flat Branch”

·         This area continues the gradual downward transition in density moving west from N.C. 540 towards the Chatham County Line.  The aggregate density of the area does not exceed 2.5 dwelling units per acre;

·         This area is generally akin to Contemporary neighborhoods;

·         Single-family detached housing predominates over most of the area, with lot sizes

generally about a quarter-acre or larger.


Staff Observation:  The proposed rezoning is consistent with this description.



Green Level Special Planning Area Polices


Policy 1: Maintain Land Use Transitions

Staff Observation:  The proposed development presents an opportunity to provide a transition between the Green Level West Road Thoroughfare and existing detached residential dwellings in the vicinity.




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. 


Move Policy 3:  Design Transportation Infrastructure to Address Land Use Context


Green Level West Road


Existing Road Cross Section:  22-foot roadway width in a 60-foot right-of-way

Future Green Level West Road: 4-lane median-divided thoroughfare

Future Planned Road Cross Section:  78-foot roadway width in a 100-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


White Oak Church Road


Existing Road Cross Section:  20-foot roadway width in a 70-foot right-of-way

Future White Oak Church Road: Collector Avenue

The right-of-way and road section dimensions for collectors and collector avenues are general in nature as shown in the Move Chapter of the Cary Community Plan. Specific dimensions shall be determined at the time of Development Plan by the Development Review Committee (DRC). Additional right-of-way and road section widths beyond those indicated in the Cary Community Plan may be required to accommodate turn lanes, bike lanes and medians at intersections. The land uses, layout and access proposed at the Development Plan stage may also result in the additional need for right-of-way and road section widths.


Transit:  There are no existing or proposed GoCary routes in the immediate vicinity of the subject property.


Note:  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.




The Town’s ENGAGE policies reflect the goals of the previously-adopted Historic Preservation Master Plan


HPMP Goal 2:  Preserve, Protect and Maintain Cary’s Historic Resources


Staff Observations: There are no structures on the subject property that are listed in the Cary Historic and Architectural Inventory. 



key requirements of the LAND DEVELOPMENT ORDINANCE


Density and Dimensional Standards



Existing Zoning District

R-40-W (Wake County)


Proposed Zoning District

R-12 Conditional Use


Max. Gross Density

(Dwelling Units/Acre)


2.0 (per zoning condition)

Min. Lot Size 1

(Lot Size)


12,000 Sq. Ft.

Minimum Lot Width


80 Ft. (90 for corner lot)

Roadway Setback



From thoroughfare:  50

From collector avenue:  30

From other streets: 20

Side Yard Setback 1



Rear Yard Setback 1



Maximum Building Height

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

§         Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).

The applicant has offered a zoning condition to not include regulatory stream buffer area as part of the lot area calculations.



Perimeter Buffers and Streetscape
The subject property is not adjacent to a collector road or thoroughfare.  If developed as part of the 32.22-acres to the west, north and south, then according to Chapter 7 of the Land Development Ordinance, a 50-foot-wide streetscape buffer will be required adjacent to Green Level West Road. Because it is a local street, no streetscape is required adjacent to White Oak Church Road. 


Perimeter buffers for the subject property will not be required if this property is developed in conjunction with the R-12-CU zoned property to the north, south and west. 



The proposed rezoning of 1.1 acres with maximum density of two dwelling units per acre would result in a maximum of two dwelling units. Considered individually, this would not warrant a traffic study.   It is worth noting, this rezoning request is immediately adjacent to 32.22 acres that was recently approved for a similar zoning.  The applicant was also Terramor Homes.  Based on the ITE Trip Generation manual, 9th edition for Single Family Detached Housing Units, that rezoning that would have resulted in approximately 93 am and 89 pm peak hour trips.  The threshold for a traffic study is 100 peak-hour trips; therefore, even if the subject property had been included with the previous case, a traffic study would not have been required.



The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance. These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

         During development plan review, address improving stormwater and floodplain management by addressing the potential for replacing aging and inadequate infrastructure, as allowed and applicable.

         During construction, provide sedimentation and erosion control measures to prevent transport of sediment from the construction site.

         In perpetuity, limit the stormwater runoff from new development to pre-development site conditions with approved stormwater control measures (SCM’s) that restrict stormwater flow leaving the site to engineered limits.

         Upon completion of the post-construction SCM’s and prior to final acceptance of the new development, require independent certification that they will function as designed, and require provisions for the ongoing maintenance of the SCM’s, to protect quantity and enhance the quality of stormwater leaving the site in perpetuity.


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




Council may forward the case to the Planning and Zoning Board for their review and recommendation. After making their recommendation, the Planning and Zoning Board will forward the case back to Council for final action.













Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:




Property Owner(s)

County Parcel Number

Real Estate ID

Subject Property Address

Deeded Acreage

Marcia A. Coleman

PO Box 1073

Apex, NC 27502



4121 Maple Springs Drive

1.1 ±

Total Area


1.1 ±


Section 2:

That these Properties are rezoned from Wake County Residential 40 Watershed (R-40-W) to  Residential 12 Conditional Use (R-12-CU) and Watershed Protection Overlay District (Jordan Lake Subdistrict) subject to all the individualized development conditions set forth herein, if any, and to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines, all of which shall constitute the zoning regulations for the approved district and are binding on the Property.


Section 3:

The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are:


1.      Residential density for new development of the property shall be no greater than two (2) dwelling units per acre.

2.      Uses shall be limited to detached residential and neighborhood recreation.

3.      The lot area for residential lots shall be calculated based on the actual lot size and shall not include any adjacent land area which is located within a riparian buffer.