ACT Items Archived 2017 - 2023

ACT 31 (Approved) Revise Cary’s stormwater control rules and processes relating to stormwater control measures (SCMs) and maintenance funds.

Case: Act 31
Description: ACT 31 proposes updates to the Land Development Ordinance (LDO) required because of changes to State law. These updates revise Cary’s stormwater control rules and processes relating to stormwater control measures (SCMs) and maintenance funds in accordance with the recently passed House Bill 488 and align erosion and sedimentation control civil penalty assessment and collection processes with existing State statutes. In addition, ACT 31 proposes a number of minor corrections to LDO text that do not change Town policy or regulatory intent and also proposes a recycling cart process improvement to the Town Code.

Town Council Public Hearing: September 28, 2023, Staff Report
Planning and Zoning Board: October 23, 2023, Staff Report
Town Council Action: November 16, 2023, Staff Report

ACT 30 (Approved) Initial development designation to 5417 Tryon Road on Cary’s Future Growth Framework Map.

ACT 29 (Approved) Technical and minor amendments to the Town Code, Land Development Ordinance, and Community Appearance Manual.

Case: Act 29
Description: ACT 29 proposes a series of technical and minor amendments to the Town Code, Land Development Ordinance, and Community Appearance Manual that will update text, improve processes, make clarifications, and correct errors without changing Town policy or regulatory intent.

Town Council Public Hearing: April 13, 2023, Staff Report
Planning and Zoning Board: May 22, 2023, Staff Report
Town Council Action: June 22, 2023, Staff Report

ACT 28 (Approved) Land Development Ordinance (LDO) amendments including changes pertaining to sign requirements for Mixed-Use Buildings.

Case: Act 28
Description: ACT 28 proposes a series of technical and minor amendments to the Town Code, Land Development Ordinance (LDO) amendments including changes pertaining to sign requirements for Mixed-Use Buildings and other minor changes to Chapter 9 (Signs) of the LDO.

Town Council Public Hearing: September 22, 2022, Staff Report
Planning and Zoning Board: November 28, 2022, Staff Report
Town Council Action: February 9, 2023, Staff Report

ACT 27 (Approved) Amendments to the Parks, Recreation & Cultural Resources (PRCR) Master Plan.

Case: Act 27
Description: ACT 27 proposes three time-sensitive amendments to the Parks, Recreation & Cultural Resources (PRCR) Master Plan to support Cary’s ability to leverage state funding to build future bike/ped facilities as part of three NCDOT projects currently underway.

Town Council Public Hearing: January 26, 2022, Staff Report
Planning and Zoning Board: March 27, 2023, Staff Report
Town Council Action: May 18, 2023, Staff Report

ACT 26 (Approved) Technical and minor amendments to the Town Code, Land Development Ordinance, and Community Appearance Manual.

Case: Act 26
Description: ACT 26 proposes a series of technical and minor amendments to the Town Code, Land Development Ordinance, and Community Appearance Manual that will update text, improve processes, make clarifications, and correct errors without changing Town policy or regulatory intent.

Town Council Public Hearing: September 8, 2022, Staff Report
Planning and Zoning Board: October 24, 2022, Staff Report
Town Council Action: November 17, 2022, Staff Report

ACT 25 (Approved) Stormwater Control Measure updates

Case: Act 25
Description: ACT 25 amendments align Cary’s ordinances with the State’s updated rules, make related terminology and agency reference updates, clarify when nutrient reduction requirements apply to existing developments with an approved stormwater control plan, and introduce a new option for development projects to incorporate volume matching in lieu of traditional Stormwater Control Measures (SCMs). In addition, these amendments simplify the payment method for private SCM maintenance fees and clarify when buffers may count towards pollutant removal credits.

Town Council Public Hearing: January 26, 2023, Staff Report
Planning and Zoning Board: February 27, 2023, Staff Report
Town Council Action: March 23, 2023, Staff Report

ACT 24 (Approved) Provide guidance for specific stormwater activities

Case: Act 24
Description: Policy Statements 35, 66, 72, 106, and 146 provide guidance for specific stormwater activities administered by the Town Managers Office, including the issuance of Grading Permits, the required maintenance and repair of private Stormwater Control Measures (SCMs), and drainage improvement projects. The proposed policy updates incorporate minor nomenclature changes to 66, 72, and 106 to be more consistent with the Land Development Ordinance (LDO) and combine Policy Statement 35 and 146 to reflect Cary’s current approach.

Town Council Public Hearing:  July 28, 2022, Staff Report
Planning and Zoning Board:  August 22, 2022, Staff Report
Town Council Action:  October 27, 2022, Staff Report

ACT 22 (Approved) Technical LDO amendments that will align the LDO with state statutes

Case: Act 22
Description: ACT 22 proposes a series of technical LDO amendments that will align the LDO with state statutes, make LDO process improvements without changing town policy or regulatory intent, and make minor clarifications and corrections to the LDO and Town Code.

Town Council Public Hearing: February 24, 2022, Staff Report
Planning and Zoning Board: March 28, 2022, Staff Report
Town Council Action: April 28, 2022, Staff Report

ACT 21 (Approved) Parking Rates for Multi-family

ACT 20 (Approved) Update plant material list, technical clarification for seasonal planting & solar installation.

Case: Act-20
Description: Cary staff are undertaking a long-term strategy of environmental updates for our ordinances, beginning with solar and tree-related amendments to the Land Development Ordinance (LDO) and the Community Appearance Manual (CAM). The proposed Act 20 amendments provide clarification on allowable solar installation locations, highlight the benefits provided by trees and buffers, update the plant materials lists to emphasize natives and prohibit invasive species, and make technical clarifications surrounding seasonal tree planting requirements.

Town Council Public Hearing: November 9, 2021, Staff Report
Planning and Zoning Board: December 13, 2021, Staff Report
Town Council Action: January 13, 2022, Staff Report

ACT 19 (Approved) Change the Future Growth Framework Map category from Business/Industrial Park to Traditional Neighborhood (Towerview Court).

Case: Act-19 (Approved)
Description: The applicant has requested that Cary consider an amendment to Cary’s Official Zoning Map by rezoning approximately 25.99 acres, at 330 Towerview Court, from Industrial (I) to Planned Development District (PDD) Major district with zoning conditions that include: Uses shall be limited to townhouses, multi-family dwellings, and specific commercial uses as listed in the PDD; and, development shall be limited to a maximum of 130 townhouse units, 430 multi-family units, and 10,000 square feet of commercial. All other conditions and standards shall be as shown in the PDD. The request is accompanied by a Comprehensive Plan Amendment to change the Future Growth Framework Map category from Business/Industrial Park to Traditional Neighborhood.

Town Council Public Hearing: May 27, 2021, Staff Report
Planning and Zoning Board: August 26, 2021, Staff Report
Town Council Action: September 9, 2021, Staff Report

ACT 18 (Approved) Change Future Growth Framework Map designation of Business/Industrial Park and a zoning designation of Office/Research and Development Conditional Use (ORD-CU) Page Road (Durham County) and House Road (Wake County).

Case: Act-18 (Approved)
Description: Cary has received an application to rezone and to amend Cary’s Official Comprehensive Plan and Zoning Map on approximately 19.82 acres, located at 4111 Page Road (in Durham County) and 0 House Road (in Wake County). The request would assign a Future Growth Framework Map designation of Business/Industrial Park and a zoning designation of Office/Research and Development Conditional Use (ORD-CU).

Town Council Public Hearing: April 22, 2022, Staff Report
Planning and Zoning Board: May 24, 2021, Staff Report
Town Council Action: June 24, 2021, Staff Report

ACT 17 (Approved) Align Cary ordinances with Chapter 160D and also make a series of other technical amendments necessary to achieve legal compliance.

Case: Act-17 (Approved)
Description: This proposes amendments to the Cary Town Code, Land Development Ordinance, and Policy Statements required by recent legislation. In 2019, the General Assembly completely reorganized and updated the state statutes relating to planning, zoning, subdivision, building permits, minimum housing, historic preservation, and other related topics, placing them into a unified, new Chapter 160D of the N.C. General Statutes. ACT 17 amendments align Cary ordinances with Chapter 160D and also make a series of other technical amendments necessary to achieve legal compliance.

Town Council Public Hearing: March 25, 2021, Staff Report
Planning and Zoning Board: April 26, 2021, Staff Report
Town Council Action: June 24, 2021, Staff Report

ACT 16 (Approved) Amend the Chatham-Cary Joint Land Use Plan.

Case: ACT-16 (Approved)

Description: This is an amendment to the Chatham-Cary Joint Land Use Plan, An Element of the Imagine Cary Community Plan. The property is not located in Cary’s Corporate Limits or ETJ; however, such an amendment requires approval by both the Town of Cary Town Council and the Chatham County Board of Commissioners. At this time, there is no rezoning request associated with the proposed Plan amendment.

Town Council Public Hearing: January 28, 2021, Staff Report
Planning and Zoning Board: February 22, 2021, Staff Report
Town Council Action: March 25, 2021, Staff Report

ACT 15 (Approved) Change designation of Business/Industrial Park and a zoning designation of Office/Research and Development Conditional Use(ORD-CU) on World Trade Boulevard (Wake County) and Page Road (Durham County)..

Case: ACT-15 (Approved)

Description: This is a request to amend Cary’s Official Comprehensive Plan and Zoning Map on approximately 5.34 acres, located at 10500 & 3815 World Trade Boulevard and 3723, 3809 & 3805 Page Road. Most of the property is located in Durham County. The request would assign a Future Growth Framework Map designation of Business/Industrial Park and a zoning designation of Office/Research and Development Conditional Use(ORD-CU).

Town Council Public Hearing: January 14, 2021, Staff Report
Planning and Zoning Board: February 22, 2021, Staff Report
Town Council Action: March 25, 2021, Staff Report

ACT 14 (Approved) Make all future townhouse streets and alleys publicly owned and maintained and minor technical corrections.

Case: ACT-14 (Approved)
Description: The proposed ACT 14 Land Development Ordinance (LDO) amendments include changes necessary to make all future townhouse streets and alleys publicly owned and maintained. The amendments also include minor technical changes to improve consistency with state law regarding temporary signage, approval criteria for rezonings, and ability to apply for variances, as well as minor technical corrections regarding accessory building setbacks, correction of zoning map errors, and advisory board references.

Town Council Public Hearing: January 23, 2020, Staff Report
Planning and Zoning Board: February 24, 2020, Staff Report
Town Council Action: May 7, 2020, Staff Report

ACT 13 (Approved) Require qualifying new development to mitigate or model post-development discharge for the 100-year storm to demonstrate no adverse impact.

ACT 12 (Approved) Make amendments to the Town Code and Land Development Ordinance (LDO) required by the July 12, 2019 enactment of Senate Bill 355.

Case: ACT-12 (Approved)
Description: Amendments to the Town Code and Land Development Ordinance (LDO) required by the July 12, 2019 enactment of Senate Bill 355 related to expiration of applications and permits and third-party down zonings; amendments to update references to town department names and staff titles and to delete outdated sections of Town Code; and minor and technical amendments related to authority of the Planning Director, posted notice of public hearings, deadline for filing appeals ,approval authority for certain development plans, modification of approved development plans, and neighborhood meeting procedure.

Town Council Public Hearing: August 15, 2019, Staff Report
Planning and Zoning Board: September 23, 2019, Staff Report
Town Council Action: October 10, 2019, Staff Report

ACT 11 (Approved) Amendments to LDO and Code of Ordinance to shift most quasi-judicial decisions from Council to the Zoning Board of Adjustment (ZBOA)

Case: ACT-11 (Approved)
Description: Amendments to the Land Development Ordinance (LDO) and Code of Ordinance to shift most quasi-judicial decisions from Council to the Zoning Board of Adjustment (ZBOA).This shift follows best practices recommended by scholars at the UNC School of Government that say governing boards should focus on legislative actions, while boards such as ZBOA should handle quasi-judicial cases.

Town Council Public Hearing: July 18, 2019, Staff Report
Planning and Zoning Board: August 26, 2019, Staff Report
Town Council Action: September 26, 2019, Staff Report

ACT 10 (Approved) Amendments to the Imagine Cary Community Plan to add a parks and green-ways master plan for the Chatham-Cary Joint Land Use Plan area.

Case: ACT-10 (Approved)
Description: Proposed amendment to the Imagine Cary Community Plan to add a parks and green-ways master plan for the Chatham-Cary Joint Land Use Plan area. The Chatham-Cary Joint Land Use Plan adopted in 2012 did not include parks and green-ways planning. The Plan stated that the Town and County were to come back at a future date to master plan recreation facilities for this area. Staff, working closely with Chatham County staff, have developed a master plan for the Joint Land Use Plan area to fulfill this recommendation.

Town Council Public Hearing: May 23, 2019, Staff Report
Planning and Zoning Board: July 22, 2019, Staff Report
Town Council Public Hearing: September 24, 2020, Staff Report
Town Council Action: October 22, 2020, Staff Report

ACT 9 (Withdrawn) Amendments including dimensional requirements in the Town Center; general clarifications and process improvements; amendments to the Imagine Cary Community Plan’s SHAPE and MOVE chapters and transportation plan for street connections and multi-modal street design downtown.

Case: ACT-09
Description: ACT 9 proposes LDO amendments to introduce dimensional requirements for new development in the Town Center Cottage Business & Residential (CB&R) District, to make minor clarifications/corrections to the Town Center Dimensional Standards Table, and to make a series of general clarifications and process improvements. ACT 9 also proposes amendments to the Imagine Cary Community Plan’s SHAPE and MOVE chapters that would remove the Walker Street Extension Project from the transportation plan, add three new downtown connector streets to the plan, and clarify policies supporting multi-modal street design in downtown.

Town Council Public Hearing: June 25, 2020, Staff Report
Planning and Zoning Board: August 24, 2020, Staff Report
Town Council Action: TBD

ACT 8 (Approved) Amendments to Town Center Mixed-Use Subdistricts; development agreement developments; and flexibility in façade design.

Case: ACT-08 (Approved)
Description: Amendments to revise density, intensity, and height requirements for new development in the Town Center Mixed-Use Subdistricts; amendments to streamline the approval process for projects accompanied by an approved development agreement; and amendments to allow flexibility in façade design.

Town Council Public Hearing: October 24, 2019, Staff Report
Planning and Zoning Board: November 18, 2019, Staff Report
Town Council Action: December 12, 2019, Staff Report

ACT 7 (Approved) Amendments to small wireless facilities (small cells) in response to FCC actions.

ACT 6 (Approved) Amendments for transit service; conforming the definition of a subdivision with State legislation; and off-site temporary facilities.

Case: ACT-06 (Approved)
Description: Amendments to ensure that future development seamlessly integrates transit service into its design; amendments conforming the definition of a subdivision with State legislation; and amendments that would permit temporary facilities to be located off-site under certain conditions.

Town Council Public Hearing: October 4, 2018, Staff Report
Planning and Zoning Board: October 22, 2018, Staff Report
Town Council Action: November 15, 2018, Staff Report

ACT 5 (Approved) Amendments to P&Z Board duties and meeting procedures regarding Community Plan consistency.

ACT 4 (Approved) New Definition and standards for brewery and distillery uses, Technical & Minor Amendments.

ACT 3 (Approved) Changes pertaining to streetscapes in the Carpenter Special Planning Area, Technical & Minor Amendments.

ACT 2 (Approved) Commercial Parking Maximums, Small Wireless Telecommunication Facilities, Technical & Minor Amendments.

ACT 1 (Approved) Special Event Center/Assembly Use, Minor & Technical Amendments.