Apex council denies rezoning request for tabletop parking deck at historic downtown site

The Apex Town Council voted on Feb. 24 to deny a rezoning petition from Apex Baptist Church that would have allowed construction of a two-level tabletop parking structure at 111 Jones Street in downtown Apex.

Planning staff recommended denial, saying the property sits inside the Apex National Register Historic District and that town rules prohibit relocation of contributing structures within the district. "The UDO specifically prohibits the relocation of structures within the National Register Historic District," planning staffer Amanda Bunce told the council, adding that moving the Bailey House and demolishing the adjacent concrete house would alter the district's protected fabric.

The applicant, represented by attorney Matthew Carpenter, said the filing had been substantially revised following neighborhood input and that the church added conditions to prevent demolition of the Bailey House. Carpenter said the revised plan limits the deck to roughly 147 spaces after a compromise to keep the Bailey House on-site and includes architectural and mitigation measures such as a planted buffer, brick screening and a traffic attendant before and after Sunday services. "We heard neighborhood concerns and revised the plan to ensure the Bailey House shall not be demolished," Carpenter said.

Pastor Zep (Zeb) Cook and church communications director Olivia Bauman described the church's community uses and urged the council to approve the rezoning to help the church continue services and outreach. "We want this to be a blessing to our community," Cook said.

Opponents argued that the parking deck would change the setting that led to the neighborhood's National Register listing and would overwhelm narrow residential streets with traffic. "This parking garage does not fit the small-town character that got us listed," said neighbor Roger Squires, who lives on Holloman Street. Neighbors also questioned whether existing municipal lots and shuttle options could handle peak demand on busy days.

Capitol Area Preservation, represented at the meeting, warned that relocating the Bailey House and building the deck behind it "is not preservation" and that an easement would not permit the design as proposed.

Councilmembers debated whether approving an exception to the small-town character overlay for this applicant would set a precedent that undermines the district. Mayor Pro Tem Mahaffey moved to deny the rezoning petition; the motion was seconded and the council called the vote. The motion to deny carried. The council did not record a roll-call tally in the public portion of the transcript; the mayor announced the motion carried and the meeting recessed for 10 minutes.

What happens next: The denial preserves the current zoning and the UDO standards protecting contributing structures in Apex's historic district. Councilmembers encouraged the church and neighborhood to continue discussions and explore alternatives such as greater use of existing municipal parking, shuttle services and other design options.

Provenance: Topic introduced at the start of the rezoning public hearing (planning presentation) and concluded with council debate and the vote on the rezoning petition.