Regular Town Council Meeting 11/08/2022 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

CONSENT AGENDA

All Consent Agenda items are considered routine, to be enacted by one motion with the adoption of the Consent Agenda,
and without discussion. If a Council Member requests discussion of an item, the item may be removed from the
Consent Agenda and considered separately. The Mayor will present the Consent Agenda
to be set prior to taking action on the following items:

• CN1Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution Setting the Date of a Public Hearing for November 29, 2022, on the Question of Annexation - Apex Town Council's intent to annex 4.733 acres, located at 3075 Lufkin Road, Annexation No. 742 into the Town Corporate limits.

• CN2Marty Stone, PE, Assistant Town Manager

  Motion to approve Budget Ordinance Amendment No. 10 which appropriates funds to pay amounts due under the first amendment to the Utility Infrastructure Reimbursement Agreement with Pulte Home Company, LLC, Standard Pacific of the Carolinas, LLC, and Taylor Morrison of Carolinas, Inc. and which authorizes a transfer of funds from the Water Sewer HB 463 Capital Fund to fund the payment. 

• CN3Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Empire Contractors, Inc. to install a driveway that will encroach 912 square feet (SF) onto the 30’ Town of Apex Sanitary Sewer and Drainage Easement and authorize the Town Manager to execute the same.

• CN4Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #22CZ07 Chapel Ridge North PUD.  Matthew Carpenter for High Street District Development, Inc. is the petitioner for the properties located at: 1200, 1204, 1205, 1209, 1213, 1220, 1225 Chapel Ridge Rd and 1512 Clark Farm Rd.

• CN5Amanda Bunce, Current Planning Manager

  Motion to set Public Hearing for the November 29, 2022 Town Council meeting regarding Rezoning Application #21CZ18 Olive Chapel Professional Park. The applicant, Patrick Kiernan, Jones & Cnossen Engineering, LLC, seeks to rezone approximately 8.7 acres from Office & Institutional-Conditional Zoning (O&I-CZ #16CZ11) to Office & Institutional-Conditional Zoning (O&I-CZ). The proposed rezoning is located at 0, 0, 0, 1480, 1460, & 1400 Chapel Ridge Road.

• CN6Shelly Mayo, Planner II

  Motion to set the Public Hearing for the November 29, 2022 Town Council meeting regarding Rezoning Application #22CZ18 Humie Olive Place. The applicant, Construction Masters, LLC, seeks to rezone approximately 2.0 acres from Medium Density Residential-Conditional Zoning (MD-CZ #16CZ27) to Medium Density Residential-Conditional Zoning (MD-CZ). The proposed rezoning is located at 2157 & 0 Blazing Trail; 7994, 7988, and 7982 Humie Olive Road.

• CN7Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the November 29, 2022 Town Council meeting regarding various amendments to the Unified Development Ordinance (UDO).

PRESENTATIONS

• PR1Councilmember Terry Mahaffey, Sponsor

  Stephanie Mitchell of the Apex Public School Foundation

  Presentation of the Peak S.T.A.R. Award for the 1st Quarter of the 2022-2023 School Year.

• PR2Colleen Merays, Small Business Manager

  Mayor Gilbert to present proclamation for Small Business Saturday 2021

• PR3Jacques K. Gilbert, Mayor

  Ed Gray, Councilmember (co-sponsor) 

  Motion to adopt a proclamation recognizing Friday, November 11, 2022 as Veterans Day.

REGULAR MEETING AGENDA

Mayor Gilbert will call for additional Agenda items from Council or Staff and set the
Regular Meeting Agenda prior to Council actions.

PUBLIC FORUM

Public Forum allows the public an opportunity to address the Town Council.  The speaker is requested not to address items
that appear as Public Hearings scheduled on the Regular Agenda.  The Mayor will recognize those who would like to speak at the
appropriate time.  Large groups are asked to select a representative to speak for the entire group.
Comments must be limited to 3 minutes to allow others the opportunity to speak.

PUBLIC HEARINGS

• PH1Dianne Khin, Director 

  Conduct a Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 7805 Green Level Church Road, Mildred C. Duke Property, containing 2.24 acres, Annexation No. 744 into the Town's corporate limits.

• PH2Dianne Khin, Director 

  Conduct a Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex the Utley Farms Planned Unit Development (PUD), containing 56.59 acres, Annexation No. 734 into the Town's corporate limits.

• PH3Lauren Staudenmaier, Planner II

  Continued from the October 25, 2022 Town Council meeting.

  Public Hearing and possible motion to approve Rezoning Application #22CZ09 Utley Farms PUD and Ordinance. The applicant, Thurm Bowen, KB Home, Inc. Carolinas Division, seeks to rezone approximately 56.59 acres from Wake County Residential-40 (R-40W) and Wake County Residential-80W (R-80W) to Planned Unit Development -Conditional Zoning (PUD-CZ). The proposed rezoning is located at 3720 Old US 1 Highway and 0 New Hill Olive Chapel Road.

• PH4Sarah Van Every, Senior Planner

  Continued from the September 27, 2022 Town Council meeting.

  Public Hearing and possible motion to approve Rezoning Application #21CZ17 Ten Ten Business Park. The applicant, J National Capital V, LLC., seeks to rezone approximately 4.6 acres from Residential Agricultural (RA) to Light Industrial-Conditional Zoning (LI-CZ).

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

ADJOURNMENT