Cary staff propose Act 40 LDO changes including 6‑foot limit on most retaining walls; item sent to Planning & Zoning Board

Assistant Development Services Director Rob Wilson told the Cary Town Council that staff is proposing three Act 40 amendments to the town’s Land Development Ordinance to align local rules with recent state law changes and to tighten design standards.

“The amendments proposed tonight include both types,” Wilson said, explaining that some updates respond to legal changes while others implement town policy objectives. The first change would remove the LDO’s one‑year waiting period for refiling applications that were previously denied or withdrawn; the second would mirror statutory language about inactive applications to make the rule more user friendly.

The most substantive proposal would extend stricter retaining‑wall standards beyond stormwater facilities. Under the staff recommendation, most retaining walls would be limited to 6 feet in height and subject to expanded material and landscaping requirements intended to produce a hand‑built appearance. The amendment would allow multiple tiered walls separated by at least 3 feet when topography requires larger transitions; an exception would permit walls up to 10 feet in certain industrial zones if the wall is not visible from a street or greenway.

Wilson said staff reviewed neighboring jurisdictions and believes the change closes a gap in Cary’s current rules: nonresidential and multifamily developments now can use taller, monolithic walls that the town finds less compatible with its community‑appearance goals.

Council members asked detailed questions about where the 10‑foot industrial exception would apply, the loss of developable area from required separations between tiers, and whether detached residential lots would face the new aesthetic requirements. Wilson said the aesthetic and landscaping requirements would not be applied to detached single‑family lots, though the 6‑foot height limit would.

The town attorney clarified that the statute broadly addresses development regulations and that staff translated that statutory language into Cary’s terminology for rezonings and development plans. Council members and staff agreed to solicit developer and community feedback as the amendment proceeds.

Because the item was presented in a public hearing, council took no final action and referred the three Act 40 LDO amendments to the Planning & Zoning Board for review and recommendation before the council will consider adoption at a future meeting.