Apex planning board backs rezoning for 1211 Old Raleigh Road with condition limiting buildable lots to three

The Apex Planning Board on Aug. 11 recommended that the Town Council approve rezoning case 25CZ07 (1211 Old Raleigh Road) — subject to an added condition that limits development to three residential lots — following hours of testimony from neighbors worried about flooding and dam safety.

Planning staff said the 6.4-acre parcel is currently zoned Residential-Agricultural and that the applicant is seeking Medium Density Conditional zoning consistent with the town’s 2045 land‑use map. Staff outlined the applicant’s offered conditions, including a density cap (3 units per acre in the application), reserving at least 30 percent of the gross parcel area as a resource conservation area (RCA), preserving existing ponds unless a dam‑safety evaluation requires changes, and dedicating right of way and frontage improvements along Old Raleigh Road. Staff recommended approval with those conditions.

Zach Shipman of Shipman Engineering, representing the applicant, told the board the firm intends three houses on three lots and has proposed environmental conditions “to preserve as much existing vegetation and tree canopy as we can.” He said the developer would not drain the pond unless a geotechnical or dam‑safety evaluation showed it was unsafe and that a homeowners association for the three lots would own and maintain the remaining common area and pond.

Residents from the adjacent Shepherd’s Vineyard neighborhood urged greater caution. “We can’t just accept more water,” said Courtney Lemanski, secretary of the Shepherd’s Vineyard homeowners association, describing repeated flooding downstream and asking what provisions would be in place to manage pond outflows and dam repairs. Several neighbors said they feared new development would increase runoff and asked that the town require stormwater and dam evaluations before approvals.

Stormwater staff said that because the parcel exceeds five acres, a local flood study and stormwater review would be required during the subdivision plan process and that any stormwater control measures must be designed to mimic predevelopment runoff rates for the ordinance’s design storms. Staff also noted that if the pond were breached or drained, the town would require a six‑month period to allow the channel to reform and then apply the applicable 50‑foot stream buffer from the new stream bank.

Board members pressed the applicant on whether the neighborhood’s speed‑limit concerns had been escalated to town transportation staff and on whether the property is in a mapped flood hazard area. Shipman said the site was not in the FEMA 100‑ or 500‑year floodplain based on a preliminary check and agreed to follow up with town transportation staff on the requested speed‑limit discussion.

After extended discussion about UDO density language and how a written condition would limit future development, the board voted to recommend approval with an additional condition clarifying that the rezoning allows a maximum of three residential lots. The motion passed with one board member opposed; the dissenting member said she opposed development on the site because of personal concerns about dam and downstream flood risk.

The case will be scheduled for a Town Council public hearing on Aug. 26 at 6 p.m. If council approves the rezoning ordinance, the developer will still need to complete subdivision plan and stormwater reviews before construction can begin.

Authorities and references in the record include rezoning case 25CZ07, the Apex Transportation Plan, the town’s Unified Development Ordinance (UDO) and guidance on stormwater control measures and dam‑safety procedures. The applicant’s offered conditions are included in the staff report packet.