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Apex planning board approves UDO text amendments including right‑of‑way cap, riparian protections and EV exemptions for income‑restricted units
Summary
The Apex Planning Board unanimously approved several Unified Development Ordinance text amendments on Oct. 13: clarifications on right‑of‑way dedication (a cap described as 35% of a tract), fee‑in‑lieu timing, Jordan Lake critical‑area built‑upon limits, riparian buffer protections, and an exemption for EV-ready/charging requirements on units restricted to 80% AMI or lower.
At its Oct. 13 meeting, the Apex Planning Board voted unanimously to approve a package of Unified Development Ordinance (UDO) text amendments that planning, transportation and water-resources staff brought forward.
Bruce, the staff presenter, described three departmental amendment bundles. Transportation and infrastructure changes would clarify required improvements and exceptions for small-scale projects, provide a fee‑in‑lieu option for projects on scheduled roadway plans within three years and add language on off‑site improvement agreements and cost participation. Bruce said the draft limits right‑of‑way dedication to no more than 35% of a tract to “balance town transportation goals with fairness.” Some board members said 35% could be aggressive for small infill parcels; staff said legal review was completed and referenced takings law precedents as part of the review.
Water-resources amendments restore language required by state rules for the Jordan Lake critical area, including a stated 50% maximum built‑upon area in that defined area, and add or clarify riparian-buffer protections, stating that no residential lot shall be located within a riparian buffer zone.
Planning staff proposed amending off‑street parking and EV‑charging requirements so that multifamily projects that include units restricted to households at or below 80% of area median income (AMI) may receive a reduction or exemption from EV-ready/charging-space requirements for those restricted units. Staff told the board that exemptions are intended to support increased affordable housing without adding development cost burdens. Staff did not present detailed utilization metrics for EV ownership in restricted units during the meeting.
Board members asked for precedent and legal context for the 35% right‑of‑way cap; staff noted another nearby jurisdiction (Fuquay) uses that number and that town legal staff reviewed the language. The board discussed potential burdens on smaller parcels and the interaction with resource conservation areas.
Preston moved to approve the UDO text amendments; Keith seconded and the motion passed unanimously by voice vote.
Votes and motions: Motion to approve the proposed UDO text amendments (moved by Preston, seconded by Keith) passed by unanimous voice vote.
Implementation and next steps: Staff will coordinate internal implementation steps (GIS layers for Jordan Lake critical-area boundaries were noted as in development) and incorporate the amended text into the town code; projects and future rezoning requests will be reviewed under the revised standards.
Context and caveats: The board approved text changes but some operational details (for example, precise EV‑charger counts and current EV utilization rates among restricted units) were not provided in the meeting record and remain to be detailed in administrative implementation.
