Regular Town Council Meeting 03/14/2023 06:00 PM

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 amend the 2023 Town Council Meeting Calendar.

• Coversheet - Revised 2023 Town Council Meeting Calendar.pdf (0.09 MB)
• CN1-A1: Revised 2023 Town Council Meeting Calendar - No. 3.pdf (0.15 MB)
• CN1-A2: Revised - 2023 Text Calendar.pdf (0.19 MB)

• CN2Allen 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 March 28, 2023, on the Question of Annexation - Apex Town Council's intent to annex 21.246 acres, Apex Light Industrial, Annexation No. 747 into the Town Corporate limits.

• Coversheet - Annexation No. 747 - Apex Light Industrial - 21.246 acres.pdf (0.09 MB)
• CN2-A1: Resolution Directing the Town Clerk to Investigate Petition, Certificate of Sufficiency, Resolution to Set Public Hearing.pdf (0.09 MB)
• CN2-A2: Legal Description - Annexation No. 747.pdf (0.11 MB)
• CN2-A3: Aerial Map - Annexation No. 747.pdf (1.65 MB)
• CN2-A4: Plat Map - Annexation No. 747.pdf (0.36 MB)
• CN2-A5: Annexation Petition - Annexation No. 747.pdf (1.73 MB)

• CN3Allen 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 March 28, 2023, on the Question of Annexation - Apex Town Council's intent to annex 18.613 acres, the Townes at Chapel Ridge, Annexation No. 748 into the Town Corporate limits.

• Coversheet - Annexation No. 748 - The Townes at Chapel Ridge - 18.613 acres.pdf (0.09 MB)
• CN3-A1: Resolution Directing the Town Clerk to Investigate the Petition, Certificate of Sufficiency, Resolution to Set the Public Hearing.pdf (0.09 MB)
• CN3-A2: Legal Description - Annexation No. 748.pdf (0.05 MB)
• CN3-A3: Aerial Map - Annexation No. 748.pdf (1.56 MB)
• CN3-A4: Plat Map - Annexation No. 748.pdf (0.45 MB)
• CN3-A5: Annexation Petition - Annexation No. 748.pdf (0.15 MB)

• CN4Allen Coleman, Town Clerk

  Motion to confirm the following leadership positions on the Housing Advisory Board (HAB) for calendar year 2023:

  • Phil Welch, Chair of the Apex Housing Advisory Board (HAB)
  • Rhett Fussell, Vice-Chair of the Apex Housing Advisory Board (HAB)
• Coversheet - Appointments - Housing Advisory Board (HAB) - Chair and Vice-Chair.pdf (0.09 MB)

• CN5Michael Deaton, P.E., Director

  Motion to approve a 5-Year Standard Services Contract with OW Investors, LLC, dba MARS Company, and to authorize the Town Manager to execute on behalf of the Town.

• Coversheet - Contract Multi-Year - OW Investors, LLC dba MARS Company - March 14 2023 to June 30 2028.pdf (0.09 MB)
• CN5-A1: Standard Services Contract - OW Investors LLC dba MARS Company.pdf (0.38 MB)
• CN5-A2: Proposal – MARS Company Equipment, Software, and Services Contract.pdf (1.71 MB)

• CN6Allen Coleman, Town Clerk

  Motion to approve, as submitted or amended, Meeting Minutes from the following meetings:

  • February 14, 2023 Regular Town Council Meeting
  • February 17, 2023 Annual Council Retreat/Budget Workshop
  • February 21, 2023 Work Session Town Council Meeting
  • February 28, 2023 Regular Town Council Meeting 
• Coversheet - Council Meeting Minutes - February Meetings.pdf (0.09 MB)

• CN7Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #22CZ19 The Heights PUD.  Charm City Developers, LLC is the applicant for the properties located at 406 S. Salem Street, 0 Harwood Street, and 0 First Street.

• Coversheet - Rezoning Case No. 22CZ19 The Heights PUD - Statement & Ordinance.pdf (0.09 MB)
• CN7-A1: Statement and Ordinance – Rezoning No. 22CZ19 The Heights PUD.pdf (0.15 MB)
• CN7-A2: Attachment A – Legal Description – Rezoning No. 22CZ19 The Heights PUD.pdf (0.57 MB)
• CN7-A3: Attachment B – Rezoning No. 22CZ19 The Heights PUD Text and Plan.pdf (9.54 MB)

• CN8Lauren Staudenmaier, Planner II

  Motion to set Public Hearing for the March 28, 2023 Town Council meeting regarding Rezoning Application #22CZ21 Apex Light Industrial and Ordinance. The applicant, Drew Thigpen, Greenberg Gibbons Properties, seeks to rezone approximately 55.68 acres from Rural Residential (RR), Tech/Flex-Conditional Zoning (TF-CZ #14CZ09), and Wake County Residential 80-W (R-80W) to Tech/Flex-Conditional Zoning (TF-CZ). The proposed rezoning is located at 3212, 3208, 3228, and 3232 US 64 Highway West, 0 and 7529 Creekbird Road.

• Coversheet - Rezoning Case No. 22CZ21 Apex Light Industrial - Set Public Hearing.pdf (0.09 MB)
• CN8-A1 - Application – Rezoning No. 22CZ21 Apex Light Industrial.pdf (4.66 MB)
• CN8-A2 - Aerial Map – Rezoning No. 22CZ21 Apex Light Industrial.pdf (2.41 MB)

• CN9Shelly Mayo, Planner II

  Motion to set the Public Hearing for the March 28, 2023 Town Council meeting regarding Rezoning Application #22CZ22 Elevate 64 West PUD. The applicant, FA Develop, LLC, seeks to rezone approximately 35.15 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 3805 & 3809 US Hwy 64 W.

• Coversheet - Rezoning Case No. 22CZ22 Elevate 64 West PUD - Set Public Hearing.pdf (0.09 MB)
• CN9-A1 - Application – Rezoning No. 22CZ22 Elevate 64 West PUD.pdf (12.41 MB)
• CN9-A2 - Aerial Map - Rezoning No. 22CZ22 Elevate 64 West PUD.pdf (2.32 MB)

• CN10Lauren Staudenmaier, Planner II

  Motion to set Public Hearing for the March 28, 2023 Town Council meeting regarding Rezoning Application #22CZ27 Center City Townhomes. The applicant, Jason Barron, Morningstar Law Group, seeks to rezone approximately 3.92 acres from High Density Single-Family Residential (HDSF), Residential Agricultural (RA), Office and Institutional-Conditional Use (O&I-CU #04CU04 & 04CU10), Light Industrial- Conditional Use (LI-CU #97CU22B) to High Density Multi-Family Residential-Conditional Zoning (HDMF-CZ). The proposed rezoning is located at 1316, 1314, 0, 1320, 0, 1332, and 1400 Center Street.

• CN10-Coversheet - Rezoning Case No. 22CZ27 Center City Townhomes - Set Public Hearing.pdf (0.09 MB)
• CN10-A1 - Application – Rezoning No. 22CZ27 Center City Townhomes.pdf (7.94 MB)
• CN10-A2 - Aerial Map - Rezoning No. 22CZ27 Center City Townhomes.pdf (2.26 MB)

• CN11Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Apex Town Council pursuant to G.S. 160D-605(a) addressing action on the Unified Development Ordinance (UDO) Amendments of February 28, 2023.

• Coversheet - Unified Development Ordinance (UDO) Amendments - February 2023 - Statement of the Town Council.pdf (0.09 MB)
• CN11-A1: Statement of the Town Council – Unified Development Ordinance Amendments of February 28, 2023.pdf (0.15 MB)

• CN12Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the March 28, 2023 Town Council meeting regarding various amendments to Unified Development Ordinance (UDO).

• Coversheet - Unified Development Ordinance (UDO) Amendments - March 2023 - Set Public Hearing.pdf (0.10 MB)

• CN13Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated February 20, 2023.

• Coversheet - Tax Report - January 2023.pdf (0.09 MB)
• CN13-A1: Tax Report for January 2023.pdf (0.50 MB)

PRESENTATIONS

• PR1Jacques K. Gilbert, Mayor 

• Proclamation - Bleeding Disorders Awareness Month 2023.pdf (0.12 MB)

• PR2Jacques K. Gilbert, Mayor 

• Proclamation - CAPA Day 2023.pdf (0.12 MB)

• PR3Jacques K. Gilbert, Mayor 

• Proclamation - Developmental Disabilities Awareness Month 2023.pdf (0.11 MB)

• PR4Jacques K. Gilbert, Mayor 

• Proclamation - Girl Scouts of America Appreciation Week 2023.pdf (0.11 MB)

• PR5Jacques K. Gilbert, Mayor 

• Proclamation - Women's History Month 2023.pdf (0.13 MB)

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

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Steve Adams

  Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(5) to instruct staff concerning acquisition of real property.

• Coversheet - Closed Session - NCGS 143-318.11a5.pdf (0.09 MB)

• CS2Jacques K. Gilbert, Mayor 

  Possible motion to go into closed session pursuant to NCGS § 143-318.11(a)(6) for a personnel matter

• Closed Session - Personnel - CS2.pdf (0.09 MB)

ADJOURNMENT