Town of Cary
North Carolina


17-REZ-18 Chapel Hill Road Rezoning


Department:Planning & Development ServicesSponsors:

Speaker: Debra Grannan, Planning


Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 2.8 acres, located at on the 9400 block of Chapel Hill Road, (Officially NC54 Highway) from Residential 20 (R-20) and Residential 12 (R-12) to Transitional Residential Conditional Use (TR-CU) to allow the development of semi-detached/attached dwellings and/or townhomes and neighborhood recreation.


Preliminary Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.


Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the Planning and Zoning 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.  Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

















Click on map to see surrounding development activity.




Property Owner

County Parcel Numbers(10-digit) (PIN)

Real Estate IDs (REID)



Kadavil Group LLC

102 Bathgate lane

Cary, NC 27513-5552



9432 Chapel Hill Road




9430 Chapel Hill Road




9412 Chapel Hill Road




0 Chapel Hill Road




9410 Chapel Hill Road




0 Chapel Hill Road


Total Area





Location of Subject Properties

9432, 9430 9412, 9410 and two unaddressed parcels on Chapel Hill Road



Town Council

Public Hearing

September 14, 2017

Planning & Zoning Board

October 23, 2017

Town Council



Existing Zoning District(s)

Residential 20 (R-20) and

Residential 12 (R-12)


Existing Zoning Conditions


Proposed Zoning District(s)

Transitional Residential Conditional Use (TR-CU)


Proposed Zoning Conditions

Use shall be limited to semi-detached/attached dwellings and/or townhomes and neighborhood recreation


Town Limits


Staff Contact

Debra Grannan

Senior Planner

(919) 460-4980


Kadavil Group, LLC


Applicant’s Contact

Glenda Toppe, Glenda S. Toppe and Associates

4139 Garden Lake Drive

Raleigh, NC 27612




The Town of Cary has received a request to rezone six (6) parcels of land totaling approximately 2.8 acres located on Chapel Hill Road. Four of the lots are zoned Residential 20, and two of the parcels are zoned R-12. The applicant is seeking to rezone to Transitional Residential Conditional Use (TR-CU), which would allow for an increase in density (to a maximum of 6 dwellings per acre) and housing type (semi-attached/attached dwellings and/or townhomes).


Four of the lots are currently improved with a detached residential dwellings.  Two of the parcels are vacant.





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 June 12, 2017. According to the information submitted by the applicant, nearby property owners; attended the meeting.

Questions and concerns expressed at the meeting included concern regarding


These questions and concerns are summarized in the attached meeting minutes submitted by the applicant.


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.


Town Council Public Hearing (September 14, 2017)

Staff presented an overview of the case and described road improvements that would be required along Chapel Hill Road in the event development occurs on this site.  The applicant presented a justification of the request.  There were no speakers during the public hearing.  The Council forwarded the case to the Planning and Zoning Board.


Changes since the Town Council Meeting









The 2040 Cary Community Plan (CCP) 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 in 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 policies applicable to this case and has provided an analysis of those policies below.



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 2:  Provide More Housing Choices for all Residents


Staff Observations:

The applicant is proposing TR-CU zoning.  Zoning conditions proposed by the applicant would limit use to semi-detached and attached dwellings and/or townhomes and neighborhood recreation.   The product type proposed would add a new house type sub-category to the area.


Policy 3:  Provide for more housing options in new neighborhoods


Staff Observations:

The primary intent of this policy is to encourage an adequate supply of housing suitable for our growing diversity of household types. This will include provision of housing for Cary’s growing senior population including small lot homes. The proposed rezoning directly addresses one of the key demographic groups identified as a priority for the provision of new housing options within new housing developments in Cary.


Policy 5:  Support Residential Development on Infill and Redevelopment Sites


Staff Observations:

Considered within this context, the subject property, which is currently occupied by three detached dwellings may be considered an infill property




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.


§         Parcel proximity to parks and greenways:  The site is located 0.7 miles from the nearest park access, Robert V. Godbold Park and 0.5 miles from the nearest greenway access, Black Creek Trail





§         A park land dedication is required for residential development, except where payment of funds in lieu of land dedication is approved in accordance with the Land Development Ordinance. 


§         The required park land dedication for the subject property would result in a maximum of 0.49 acres based on the zoning condition limiting development to a maximum of 17 units.  Given the small size of the land dedication that would be required and the existing park in close proximity to the parcel, staff recommends applicant make a payment of funds in lieu of land dedication.   


§         The Town of Cary’s Parks, Recreation and Cultural Resources (PRCR) Facilities Master Plan does not indicate a greenway corridor located within or directly adjacent to the subject parcel. 


§         The PRCR Master Plan does indicate a street-side trail on the north (east) side of NC 54. No park land dedication or payment-in-lieu credit will be granted for street-side trail construction or easements.




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:  The parcel addressed as 9432 Chapel Hill Road contains a circa 1945 house that is listed in the Cary Architectural and Historic Resources Inventory. This 1,369-square-foot, one-story, side-gabled house with a front-gabled wing has vinyl siding and rests on a concrete block foundation. Poured concrete steps lead to the front porch, which has replacement posts and balustrade. This house represents a popular house type built between WWI and WWII -- a period in Wake County during which there began to be a gradual movement away from farming toward factory and office jobs, and Cary began serving as a bedroom community for urban workers.


Today this stretch of Chapel Hill Road contains numerous historic properties that are at risk as necessary and desirable growth occurs.  It’s not feasible to preserve all of them, and keeping in mind there are arguably other more important historically and/or architecturally significant buildings in the corridor (one of which is the Nancy Jones House) the subject property is not a preservation priority.




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 Observations:
The proposed rezoning affects a site partially bordered by existing subdivisions and individual large-lot detached dwellings and smaller lot subdivisions.


The dimensional standards for minimum lot size and building setbacks are more lenient with the TR district than with the existing R-12 and R-20 district, creating an opportunity to facilitate more flexible design


The development will also connect to existing utility infrastructure leading to a more efficient utilization of the existing public infrastructure.


Policy 6:  Provide Appropriate Transitions between Land Uses


Staff Observations:
The intent of this policy is to provide for harmonious transitions between different types and intensities of land uses. Typically this is achieved through a mix of elements including form, use and design/appearance or by the introduction of screening buffers to create visual and physical delineation. Where we have compatible land uses, as in this case, we would expect a harmonious integration of form and density.



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


Staff Observations:
The LDO requirement for a 50-foot-wide opaque streetscape for residential development along NC 54 Highway (Chapel Hill Road) supports this policy.


Future Growth Framework Map

The Development Category for the subject property is Suburban Neighborhood, depicted in the image below.  The Suburban Neighborhood area is generally viewed as a fairly homogenous transition ring between more intense and varied neighborhoods closer to the urban center and more rural developments outside of municipal boundaries. Predominant use types for this category include single-family-detached large and small lots with limited cases of other housing types such as patio homes. Transitional Residential Conditional Use, as in this case, is an appropriate district for the Suburban Neighborhood Development Category depending on the context and types of conditions offered.





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


NC 54 Highway

Existing Cross Section:  2-lane road with no curb and gutter in a 60-foot right-of-way


Future Cross Section:

§         Road:  6-lane median divided roadway with 130’ of right-of-way (to accommodate street-side trail on one side)

§         Sidewalks:  5-foot sidewalk on the west side of NC 54 and 10-foot street-side trail on the east.  

§         Bicycle Lanes:  14-foot-wide outside lane in both directions


Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  NC 54 Highway street-side trail as mentioned in ENGAGE




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.





Land Use

Semi-Detached dwellings and townhomes are permitted uses in the TR zoning district.


Density and Dimensional Standards



Existing Zoning District


Existing Zoning


Proposed Zoning District



Semi- Detached Dwellings

Max. Gross Density





Per LDO: 6

Min. Lot Size

(Sq. Ft.)



No minimum

Minimum Lot Width


With Septic Tank/Well:

150 (160 for corner lots)

With public sewer:
125 (135 for corner lots)

80 (90 for corner lot)

20’ per dwelling unit


Minimum Roadway Setbacks


From Chapel Hill Road: 50 feet

From other streets: 20

From Chapel Hill Road  50’

From all other streets: Min. of 18 feet when parking is provided between the roadway and dwelling unit;

10 feet when parking is not provided between roadway and dwelling unit

Minimum Side Yard Setbacks**


With septic tank/well: 20

With public sewer:15



0/3 feet minimum

16 feet minimum between building groupings

Minimum Rear Yard Setback**




The width of the roadway or front and rear setbacks combined shall equal at least twenty (20) feet and any individual rear setback shall be at least three (3) feet.


On thoroughfare, collector, or other streets, the width of the roadway and rear setbacks combined shall equal at least thirty-five (35) feet and any individual setback shall be at least three (3) feet.

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).

*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 applicant 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.)



Landscape Buffer and Streetscape





The proposed rezoning on approximately 2.8 acres with a maximum allowable density of six (6) dwelling units per acre could result in a maximum of 17 dwelling units. Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 230 – Residential Condominium/Townhouse, the proposed rezoning is anticipated to generate approximately 13 AM and 14 PM peak hour trips.  The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study is not 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.





Based on the analysis in this staff report, Town Staff’s preliminary 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.

§         Development of the subject property will facilitate road and sidewalk improvements along Chapel Hill Road.

§         The proposed use provides good transitions between uses in the vicinity and provides a wider range of housing opportunities.






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