Council approves Horton Park PUD amendment after debate over affordable‑housing ask

The Apex Town Council approved a conditional‑zoning amendment to the Horton Park PUD (CZ‑23) on June 23, allowing additional lots to be platted subject to specific transportation and phasing conditions, after extended public hearing and council deliberation.

Planning staff presented the amendment for two parcels (pod five and pod six, approximately 16.96 acres) and outlined completed off‑site improvements and outstanding conditions tied to phasing. The developer requested an amendment that would permit 85 additional lots in phase one under revised traffic analysis and keep a later 50‑lot cap tied to the state’s 1010 road widening project. Joshua Killian, senior planner, said Planning Board recommended approval with the applicant’s proposed conditions.

Housing staff urged council to seek an affordability commitment because the applicant was asking for relief from prior phasing conditions. "There ought to be some consideration by the applicant with respect to the relief of this condition," said Eric Sanchez, the town’s senior housing specialist. The applicant’s attorney, Letitia Shapiro, and project engineer Jeff Roach responded that the amendment does not add net new density beyond previously approved entitlements and that the request is primarily to align off‑site transportation conditions with current road connectivity; they declined to include an affordability offer tied to the current amendment.

Why it matters: The amendment uncouples some lot‑development limits from a state road project (NCDOT U‑5825/1010 widening) that staff said has been deprioritized, allowing additional construction now if the applicant completes specified intersection improvements (including a traffic signal at Jesse Drive and 1010) and internal connections (Gladsong/Smith Road completion). Housing staff and several councilmembers argued those concessions make it reasonable to seek affordable‑housing commitments; others said there was no net new density and that asking now would be a retroactive policy change.

Decision: Following deliberation, council voted 4–1 to approve the PUD amendment with the applicant’s conditions (transportation improvements and phasing language as presented). The council recorded concerns and instructed staff to continue enforcement of existing conditions. The vote was taken after public testimony from several neighbors and a property owner who raised access/easement concerns for Gladsong/Smith Road.

Next steps: The applicant must complete the listed off‑site and internal improvements tied to platting thresholds; staff will monitor compliance and, where required, the developer will install the traffic signal improvements and complete Gladsong/Smith Road connections prior to advancing some phases.