20221496 Ver 1_Public Notice Comments_20221101

Public Notice Comment Form
ID#*
20221496
Project Name*
Apex Gateway (project retail)
First Name
Affiliation (if applicable)
Phone Number
Version *
1
Number only.
Last Name
Email *
[e-mail]
*** The intent for collecting an email address is to allow us send you a receipt for submittal of this comment.
Please pick the response below that represents your stance on the above mentioned project? *
Yes - I agree with the project. No - I do not agree with the project.
Comment
As an initial matter, DWR should be advised and aware that the subject Application may not fully or accurately
describe the proposed project or its associated impacts in multiple ways.
On page three of the Applicant's Pre -Construction Notification Form, in response to question 6(a) in Section B,
the Applicant represents that this is NOT a phased project. In addition, on page nine of the Applicant's Pre -
Construction Notification Form, in response to question 3(a) in Section F, the Applicant represents that this
project (based on past and reasonably anticipated future impacts) will NOT result in additional development
which could impact nearby downstream water quality.
However, the Applicant is currently seeking re -zoning of additional adjacent parcels, expressly described as
Phase 2 of the Apex Gateway project, for additional industrial developments covering an additional 242.94 acres.
While the Applicant submitted this Application to NCDENR-DWR on October 27, 2022 with the above -noted
representations, the Applicant had previously publicly announced its plans for Phase 2 of the project: On October
10, 2022, the Applicant distributed a Notice of Neighborhood Meeting (see attached) describing the proposed
plans; on October 20, 2022, the Applicant held a pre -application meeting with the Town of Apex Environmental
Advisory Board regarding Phase 2 of the project; and on October 27, 2022, the Applicant held a neighborhood
meeting with adjacent property owners also describing the Phase 2 plans. An image of the concept site plan
presented in the neighborhood meeting is also attached for reference. While this Application describes the first
phase of this project covering 134.3 acres, when combined with its planned Phase 2, the project will actually
impact approximately 376.97 acres.
In addition, DWR should be aware of another initial discrepancy in the Application. While the Application
describes and depicts a four building project on the site, the Applicant's Major Site Plan submitted to the Town of
Apex on October 2, 2022 (see attached), proposes five buildings on the site.
Additional comments may follow regarding this Application, however, DWR should be aware of these items as
early as possible in the course of its review.

Upload Supplementary Files
Apex Gateway Phase 2 Site Plan Map.pdf
Apex%20Gateway%20Major%20Site%20PIan. pdf
Beacon Rezoning (002).pdf
Pdf file type only
2.59MB
11.64MB
10.32MB
Any information (e.g., personal or contact) you provide on this comment form or in an attachment may be publicly
disclosed and searchable on the Internet and will be provided to the Department or Agency issuing the notice.

This document is a public record under the North Carolina Public Records Act and may be published on the Town's website or disclosed to
third parties.
Application #:
Submittal Date:
Fee Paid $
Check #
Project information �011111111111"
Project Name: Apex Gateway
Address(es): 104 NC Highway 751, NC Highway 751, 106 Off NC Highway 751, Off NC Highway 751
Property PIN(s): 0712-00-56-6821, 0712-00-55-1996 , 0712-00-55-1996, 0712-00-57-5776
Acreage: 132.11
Zoning LI-CZ
Town Limits: 0 Inside corporate limits
❑ In ETJ ❑ *Outside corporate limits and ETJ
DevelopmentsFor Non-residential
Total number of buildings: 5
Number of floors: 1
Total area of all buildings: 1,217,836 sf
DevelopmentsFor Residential
Number of multi -family units: NSA
Number of floors: N/A
K_Lrarr - ar1i . u .
Name: Maggie Houston
Address: 500 East Morehead St, Suite 200
City. Charlotte
State: NC Zip: 28202
Phone: [phone]
Email: [e-mail]
Owner
Name: See attached for all owner information
Address:
City:
State: Zip:
Phone:
Email:
.k=rney information
Name:
Address:
City:
State: Zip:
Phone:
Email:
information
Name: Advanced Civil Design, Inc. - Jack R. Royal Jr., P.E.
Address: 51 Kilmayne Drive, Suite 102
City: Cary
State: NC Zip: 27511
Phone: [phone]
Email: [e-mail]
Other James Whitacre PE, [e-mail]
Page 3 of 26 Major Site Plan Application Last Updated: September 13, 2021

DEVELOPMENT NAME APPROVAL APPLICATION N
Application #:
Submittal Date:
Fee for Initial Submittal: No Charge Fee for Name Change after Approval: $500*
To provide a consistent and clearly stated procedure for the naming of subdivisions and/or developments and
entrance roadways (in conjunction with Town of Apex Address Policy) so as to allow developers to define and
associate the theme or aesthetics of their project(s) while maintaining the Town's commitment to preserving
the quality of life and safety for all residents of Apex proper and extraterritorial jurisdiction.
Guidellines
✓ The subdivision/development name shall not duplicate, resemble, or present confusion with an existing
subdivision/development within Apex corporate limits or extraterritorial jurisdiction except for the
extension of an existing subdivision/development of similar or same name that shares a continuous
roadway.
✓ The subdivision/development name shall not resemble an existing street name within Apex corporate
limits or extraterritorial jurisdiction unless the roadway is a part of the subdivision/development or
provides access to the main entrance.
✓ The entrance roadway of a proposed subdivision/development shall contain the name of the
subdivision/development where this name does not conflict with the Town of Apex Road Name
Approval Application and Town of Apex Address Policy guidelines.
✓ The name "Apex" shall be excluded from any new subdivision/development name.
✓ Descriptive words that are commonly used by existing developments will be scrutinized more seriously
in order to limit confusion and encourage distinctiveness. A list of commonly used descriptive words in
Apex's jurisdiction is found below.
✓ The proposed subdivision/development name must be requested, reviewed and approved during
preliminary review by the Town.
✓ A $500.00 fee will be assessed to the developer if a subdivision/development name change is requested
after official submittal of the project to the Town.*
*The imposed fee offsets the cost of administrative changes required to alleviate any confusion for the
applicant, Planning staff, other Town departments, decision -making bodies, concerned utility companies and
other interested parties. There is no charge for the initial name submittal.
Existing Development Titles, Recurring
Residential
Non -Residential
10 or more
Creek, Farm(s), Village(s),
Center/Centre
6 to 9
Crossing(s), Park, Ridge, Wood(s)
Commons, Park
3 to 5
Acres, Estates, Glen(s), Green', Hills
Crossing(s), Plaza, Station, Village(s)
'excludes names with Green Level
Page 4 of 26 Major Site Plan Application Last Updated: June 13, 2016

DEVELOPMENT NAME APPROVAL APPLICATION EN
Application #:
Submittal Date:
ill ... .. ..
Description of location: North and east of the intersection of U.S. HWY 64 & NC HWY 751
Nearest intersecting roads: " nvv 1 01+ a 114%- nvv 1 101
Wake County PIN(s): 0712-00-56-6821, 0712-00-55-1996 , 0712-00-55-1996, 0712-00-57-5776
Township: New Hope
1
Contact person: Jack R. Royal Jr., P.E.
Phone number: 919-481-6290 Fax number:
Address: 51 Kilmayne Drive, Suite 102, Cary, NC 27511
E-mail address: [e-mail]
Developer Maggie Houston
Phone number: 704-926-1403 Fax number:
Address: 500 E Morehead Street, Suite 200, Charlotte, NC 28202
E-mail address: [e-mail]
IF
Proposed Subdivision/Development Name
Ist Choice: Apex
2nd Choice (Optional):
Town of Apex Staff Approval:
Town of Apex Planning Department Staff
Date
Page 5 of 26 Major Site Plan Application Last Updated: June 13, 2016

Application #: Submittal Date:
Wake County Approval Date:
• No names duplicating or sounding similar to existing road names
• Avoid difficult to pronounce names
• No individuals' names
• Avoid proper names of a business, e.g. Hannaford Drive
• Limit names to 14 characters in length
• No directionals, e.g. North, South, East, West
• No punctuation marks, e.g. periods, hyphens, apostrophes, etc.
• Avoid using double suffixes, e.g. Deer Path Lane
• All names must have an acceptable suffix, e.g. Street, Court, Lane, Path, etc.
• Use only suffixes which are Town of Apex approved
• Town of Apex has the right to deny any street name that is determined to be inappropriate
Informatioi .
Description of location: Approximately 1,110' North and west of the intersection of U.S. HWY 64 & NC HWY 751
Nearest intersecting roads: U.S. HWY 64 & NC HWY 751
Wake County PIN(s): 0712-00-56-6821, 0712-00-55-1996 , 0712-00-55-1996, 0712-00-57-5776
Township: New Hope
Contact information (as appropriate)
Contact person: Jack R. Royal Jr., P.
Phone number: 919-481-6290 Fax number:
Address: 51 Kilmayne Drive, Suite 102, Cary, NC 27511
E-mail address: [e-mail]
Developer Maggie Houston
-QWReR
Phone number: 704-926-1403 Fax number:
Address: 500 E Morehead Street, Suite 200, Charlotte, NC 28202
E-mail address: [e-mail]
Page 6 of 26 Major Site Plan Application Last Updated: June 13, 2016

Application #: Submittal Date:
# of roads to be named:
Please submit twice as many road names as needed, with preferred names listed first. Proposed road names
should be written exactly as one would want them to appear. Town of Apex Planning Department staff will send
all approved street names to the Wake County GIS Department for county approval. Please allow several weeks
for approval. Upon approval Wake County GIS — Street Addressing will inform you of the approved street names.
Example: Road Name Suffix
Hunter Street
1 Gateway Drive
11
2
12
3
13
4
14
5
15
6
16
7
17
8
18
9
19
10
20
TOWN OF APEX STAFF APPROVAL
Town of Apex Staff Approval Date
WAKE COUNTY STAFF APPROVAL:
GIS certifies that names indicated by checkmark Q are approved.
Please disregard all other names.
Comments:
Wake County GIS Staff Approval Date
Page 7 of 26 Major Site Plan Application Last Updated: June 13, 2016

Application #: Submittal Date:
Town of Apex
73 Hunter Street
P.O. Box 250 Apex, NC 27502
919-249-3400
WAKE COUNTY, NORTH CAROLINA CUSTOMER SELECTION AGREEMENT
(the "Premises")
The Town of Apex offers to provide you with electric utilities on the terms described in this Offer & Agreement. If
you accept the Town's offer, please fill in the blanks on this form and sign and we will have an Agreement once signed by
the Town.
, the undersigned customer ("Customer") hereby irrevocably chooses and selects the
Town of Apex (the "Town") as the permanent electric supplier for the Premises. Permanent service to the Premises will be
preceded by temporary service if needed.
The sale, delivery, and use of electric power by Customer at the Premises shall be subject to, and in accordance
with, all the terms and conditions of the Town's service regulations, policies, procedures and the Code of Ordinances of the
Town.
Customer understands that the Town, based upon this Agreement, will take action and expend funds to provide
the requested he
electricservic DOES NOT APPLY TO THIS PROJECT AS APEX
Any zPOWER DOES NOT REACH THIS TERRITORY. dthis
Agreement cc DUKE ENERGY WILL BE PROVIDING THIS SITE
Acce WITH ELECTRIC POWER. r.
Plea - ectric
supplier for the Premises.
Upon acceptance of this Agreement, the Town of Apex Electric Utilities Division will be pleased to provide electric
service to the Premises and looks forward to working with you and the owner(s).
ACCEPTED:
CUSTOMER: TOWN OF APEX
BY:
Authorized Agent
DATE:
BY:
DATE:
Authorized Agent
Page 8 of 26 Major Site Plan Application Last Updated: June 13, 2016

AUTHORIZATIONAGENT O•
Application #: Submittal Date:
Mills Chatham Development Group, LLC is the owner* of the property for which the attached
application is being submitted:
❑ Rezoning: For Conditional Zoning and Planned Development rezoning applications, this
authorization includes express consent to zoning conditions that are agreed to by the
Agent which will apply if the application is approved.
❑,r Site Plan
❑ Subdivision
❑ Variance
❑ Other:
The property address is:
106 NC Highway 751, Apex, NC, 27523
The agent for this project is: Hager Rand
9 1 am the owner of the property and will be acting as my own agent
Agent Name:
Address:
Telephone Number:
E-Mail Address:
Hager Rand
3214 Hillsborough Road, Durham NC 27705 / mail to: P.O. Box 2627, Durham, NC 27715
919-383-1531
[e-mail]
Type or print name
Type or print name
Attach additional sheets if there are additional owners.
Date
Date
*Owner of record as shown on the latest equalized assessment rolls of Wake County. An option to purchase does not
constitute ownership. If ownership has been recently transferred, a copy of the deed must accompany this authorization.
Pursuant to Article 40 of Chapter 66 of the North Carolina General Statutes (the Uniform Electronic Transactions Act) this
application and all documents related hereto containing an electronic or digitized signature are legally binding in the same
manner as are hard copy documents executed by hand signature. The parties hereby consent to use electronic or digitized
signatures in accordance with the Town's Electronic Signature Policy and intend to be bound by the application and any
related documents. If electronic signatures are used the application shall be delivered in an electronic record capable of
retention by the recipient at the time of receipt.
Page 9 of 26 Major Site Plan Application Last Updated: July 14, 2021

Application Submittal Date.
Dan M. Gray and Lisa G. Bateman, Co -Trustee is the owner* of the property for which the attached
application is being submitted:
❑ Rezoning: For Conditional Zoning and Planned Development rezoning applications, this
authorization includes express consent to zoning conditions that are agreed to by the
Agent which will apply if the application is approved.
Z Site Plan
❑ Subdivision
❑ Variance
❑ Other:
The property address is: Off NC Highway 751, Apex, NC, 27523
The agent for this project is: Beacon Development Company
O I am the owner of the property and will be acting as my own agent
Agent Name: Walker Gorham
Address: 500 East Morehead St, Suite 200, Charlotte, NC 28202
Telephone Number: 704-597-7757
E-Mail Address, Walker@beacondevelopment_com
Signature(s) of Owner(s)*
Dan M. Gray, Successor Co-T tee
Type or print name Date
Lisa G. Bateman, Successor Co -Trustee
Type or print name
Attach additional sheets if there are additional owners.
Date
*Owner of record as shown on the latest equalized assessment rolls of Wake County. An option to purchase does not
constitute ownership. If ownership has been recently transferred, a copy of the deed must accompany this authorization.
Pursuant to Article 40 of Chapter 66 of the North Carolina General Statutes (the Uniform Electronic Transactions Act) this
application and all documents related hereto containing an electronic or digitized signature are legally binding in the same
manner as are hard copy documents executed by hand signature. The parties hereby consent to use electronic or digitized
signatures in accordance with the Town's Electronic Signature Policy and intend to be bound by the application and any
related documents. If electronic signatures are used the application shall be delivered in an electronic record capable of
retention by the recipient at the time of receipt.
Page 9 of 26 Major Site Plan Application Last Updated: July 14, 2021

Application #:
Dan M. Gray and Lisa G. Bateman, Co -Trustee
application is being submitted:
is the owner* of the property for which the attached
❑ Rezoning: For Conditional Zoning and Planned Development rezoning applications, this
authorization includes express consent to zoning conditions that are agreed to by the
Agent which will apply if the application is approved.
0 Site Plan
❑ Subdivision
❑ Variance
❑ Other:
The property address is: Off NC Highway 751, Apex, NC, 27523
The agent for this project is: Beacon Development Company
❑ I am the owner of the property and will be acting as my own agent
Agent Name: Walker Gorham
Address: 500 fast Morehead St, Suite 200, Charlotte, NC 28202
Telephone Number: 704-597-7757
E-Mail Address: [e-mail]
Signature(s) of Owner(s)*
Dan M. Gray, Successor Co -Trustee
Type or print name
Li G. Bateman, Successor Co -Trustee
Type or print name
Attach additional sheets if there are additional owners.
Date
M
Date
*Owner of record as shown on the latest equalized assessment rolls of Wake County. An option to purchase does not
constitute ownership. If ownership has been recently transferred, a copy of the deed must accompany this authorization.
Pursuant to Article 40 of Chapter 66 of the North Carolina General Statutes (the Uniform Electronic Transactions Act) this
application and all documents related hereto containing an electronic or digitized signature are legally binding in the same
manner as are hard copy documents executed by hand signature. The parties hereby consent to use electronic or digitized
signatures in accordance with the Town's Electronic Signature Policy and intend to be bound by the application and any
related documents. if electronic signatures are used the application shall be delivered in an electronic record capable of
retention by the recipient at the time of receipt.
Page 9 of 26 Major Site Plan Application last Updatedt July 14, 2021

AFFIDAVIT OF OWNERSHIP
Application #:
Submittal Date:
The undersigned, Hager Rand (the "Affiant") first being duly sworn, hereby
swears or affirms as follows:
1. Affiant is over eighteen (18) years of age and authorized to make this Affidavit. The Affiant is the sole
owner, or is the authorized agent of all owners, of the property located at
106 NC Highway 751, Apex, NC, 27523 and legally described in Exhibit "A" attached hereto and
incorporated herein (the "Property").
2. This Affidavit of Ownership is made for the purpose of filing an application for development approval with
the Town of Apex.
3. If Affiant is the owner of the Property, Affiant acquired ownership by deed, dated March 31,2022
and recorded in the Wake County Register of Deeds Office on 04/01n02 in Book 2214 Page
400
4. If Affiant is the authorized agent of the owner(s) of the Property, Affiant possesses documentation
indicating the agency relationship granting the Affiant the authority to apply for development approval
on behalf of the owner(s).
5. If Affiant is the owner of the Property, from the time Affiant was deeded the Property on
03/31/2022 , Affiant has claimed sole ownership of the Property. Affiant or Affiant's predecessors
in interest have been in sole and undisturbed possession and use of the property during the period of
ownership. Since taking possession of the Property on 031312022 , no one has questioned
Affiant's ownership or right to possession nor demanded any rents or profits. To Affiant's knowledge, no
claim or action has been brought against Affiant (if Affiant is the owner), or against owner(s) (if Affiant is
acting as an authorized agent for owner(s)), which questions title or right to possession of the property,
nor is any claim or action pending against Affiant or owner(s) in court regarding possession of the
Property. 1 )/�!
This the c D day of iiVVV�� 20
,n (� (seal)
V
Type or print name
STATE OF NOR H CAROLINA
COUNTY OF Q-
I, the ui dersigrAdd, a Notary Public in and for the County of hereby certify that
Q Affia t, personally known to me or known to me by said Affiant's presentation of
said Affiant s personally appeared before me this day and acknowledged the
due and voluntary execution of the foregoing Affidavit.
0
Notary Public
State of North Carolina
My Commission Expires: _
q-12-.Z3
Page 10 of 26 Major Site Plan Application Last Updated: August 30, 2019

Application #: Submittal Date:
Insert legal description below.
RACT 1 AND 2
ITUATED AND LYING IN THE STATE OF NORTH CAROLINA, CHATHAM COUNTY,
OWNSHIP OF NEW HOPE, AND BEING A PORTION OF THE LAND CONVEYED TO
EAN CARROL MILLS GOODWING, MARGARET KING MILLS, REGINALD HORTON
11LLS, JR. AND WILLIAM STEPHEN MILLS BY DEED BOOK 657 PAGE 863, AND
iESCRIBED AS TRACT 1 AND TRACT 2 IN DEED BOOK LQ PAGE 235 (ALL
;EFERENCES TO DEED BOOKS AND PLAT BOOKS IN THIS DESCRIPTION REFER
O THE RECORDS OF THE CHATHAM COUNTY REGISTER OF DEEDS OFFICE, NORTH
;AROLINA), BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
EGINNING AT A 1/2 INCH IRON PIPE (SAID PIPE BEING INSIDE OF A 1 3/4 INCH IRON
IPE), SAID 1/2 INCH IRON PIPE BEING SOUTH 0 DEGREES 24 MINUTES 11 SECONDS
AST A DISTANCE OF 141.41 FEET FROM AN EXISTING 1/2 INCH IRON PIPE, THE
OINT OF COMMENCING (HAVING NORTH CAROLINA STATE PLANE COORDINATES
F NORTHING: 727970.55' EASTING: 2014637.34'), SAID POINT OF COMMENCING
EING THE NORTHEAST CORNER OF THAT PARCEL CONVEYED TO PHILIP MICHAEL
CLAIN AND WIFE BY DEED 1395 PAGE 247, DESCRIBED AS TRACT D, SAID 1/2 IRON
IPE BEING THE TRUE POINT OF BEGINNING (HAVING NORTH CAROLINA STATE
LANE COORDINATES OF NORTHING: 727829.13' EASTING: 2014636.46').
HENCE RUNNING IN A CLOCKWISE DIRECTION SOUTH 71 DEGREES 07 MINUTES 23
ECONDS EAST A DISTANCE OF 169.65 FEET TO AN EXISTING 1/2 INCH IRON PIPE,
HENCE WITH THE SOUTHERN LINE OF THAT PARCEL CONVEYED TO PEGGY G
RUSTEE BY DEED 1919 PAGE 1134, SOUTH 71 DEGREES 07 MINUTES 45 SECONDS
AST A DISTANCE OF 708.11 FEET TO AN EXISTING 1/2 INCH IRON PIPE WITH WHITE
;AP AND TACK, THENCE CONTINUING WITH THE SOUTHERN LINE OF PEGGY G
RUSTEE AND WITH THE NORTHERN LINE OF THAT PARCEL CONVEYED TO WILLIAM
TEPHEN MILLS BY PLAT RECORDED IN BOOK OF MAPS 95 PAGE 462, DESCRIBED
,S LOT 1, SOUTH 71 DEGREES 08 MINUTES 24 SECONDS EAST A DISTANCE OF
11.22 FEET TO AND EXISTING 1/2 INCH IRON PIPE WITH PINK CAP AND TACK,
HENCE LEAVING LOT 1 NORTHERN LINE AND CONTINUING WITH PEGGY G
RUSTEE SOUTHERN LINE SOUTH 71 DEGREES 14 MINUTES 02 SECONDS EAST A
iISTANCE OF 656.10 FEET TO A CALCULATED POINT, THENCE LEAVING PEGGY G
RUSTEE SOUTHERN LINE SOUTH 71 DEGREES 27 MINUTES 2 SECONDS EAST A
iISTANCE OF 59.40 FEET TO AN EXISTING 1 INCH IRON PIPE WITH WHITE CAP AND
ACK, THENCE WITH THE COUNTY LINE BETWEEN CHATHAM COUNTY AND WAKE
;OUNTY, DESCRIBED AS LINE "F" IN BOOK OF MAPS 61 PAGE 68 THE FOLLOWING
EARINGS AND DISTANCES, SOUTH 15 DEGREES 53 MINUTES 52 SECONDS WEST
DISTANCE OF 823.61 FEET TO AN EXISTING 1 INCH IRON PIPE WITH WHITE CAP
,ND TACK, SOUTH 15 DEGREES 56 MINUTES 17 SECONDS WEST A DISTANCE OF
6.32 FEET TO AN EXISTING 1/2 INCH IRON PIPE WITH WHITE CAP AND TACK, SOUTH
5 DEGREES 50 MINUTES 58 SECONDS WEST A DISTANCE OF 241.91 FEET TO AN
XISTING 1/2 INCH IRON PIPE WITH WHITE CAP AND TACK, SOUTH 15 DEGREES 52
Page 12 of 26 Major Site Plan Application Last Updated: August 30, 2019

Applicattan #: Submittal Date. •
The undersigned, Lisa G. Bateman, Successor Co -Trustee (the "Affiant") first being duly sworn, hereby
swears or affirms as follows:
1. Affiant is over eighteen (18) years of age and authorized to make this Affidavit. The Affiant is the sole
owner, or is the authorized agent of all owners, of the property located at
IX1 NC Highway 751. Apex. NC, 27523 and legally described in Exhibit "A" attached hereto and
incorporated herein (the "Property").
2. This Affidavit of Ownership is made for the purpose of filing an application for development approval with
the Town of Apex.
3. If Affiant is the owner of the Property, Affiant acquired ownership by deed, dated 411212017
and recorded in the ( County Register of Deeds Office on 51112017 in Book 1919 Page
1134 Chatham
4. if Affiant is the authorized agent of the owner(s) of the Property, Affiant possesses documentation
indicating the agency relationship granting the Affiant the authority to apply for development approval
on behalf of the owner(s).
5. If Affiant is the owner of the Property, from the time Affiant was deeded the Property on
0510112017 , Affiant has claimed sole ownership of the Property. Affiant orAffiant's predecessors
in interest have been in sole and undisturbed possession and use of the property during the period of
ownership. Since taking possession of the Property on 0510i12017 no one has questioned
Affiant's ownership or right to possession nor demanded any rents or profits. To Affiant's knowledge, no
claim or action has been brought against Affiant (if Affiant is the owner), or against owner(s) (if Affiant is
acting as an authorized agent for owner(s)), which questions title or right to possession of the property,
nor is any claim or action pending against Affiant or owner(s) in court regarding possession of the
Property, Id
This the ,� ^ day of August .2
(seal)
Lisa G. Bateman, Successor Co —Trustee
Type or print name
STATE OF NORTH CAROLINA
COUNTY OF J.JVAAU
I, the undersigned, a Notary Public in and for the County of hereby certify that
Lisa G. Batman Affiant, personally known to me
___ personally appeared before me this day and acknowledged the
due and voluntary execution of the foregoing Affidavit.
�
...............
. ;A
*0rA'jl, Notary Public
State of North Carolina 3
1 My Commission Expires:
(NOTAR tL]p
Page 10 of 26 Major Site Plan Application Lest Updated: August 30, 2019

usrr�s�t�vJ�tL3ilvlWtwiiSlllP
„"
r
The undersigned, Dan M. Gray, Successor Co -Trustee
swears or affirms as follows:
(the "Affiant") first being duly sworn, hereby
1. Affiant is over eighteen (18) years of age and authorized to make this Affidavit. The Affiant is the sole
owner, or is the authorized agent of all owners, of the property located at
Off NC Miphway 751, Apek, NC, 27523 and legally described in Exhibit "A" attached hereto and
incorporated herein (the "Property").
2. This Affidavit of Ownership is made for the purpose of filing an application for development approval with
the Town of Apex.
3. If Affiant is the owner of the Property, Affiant acquired ownership by deed, dated CM22017
and recorded in the � Chatham in Register of Deeds Office on 511R017 in Book 1919 Page
1134 g
4. If Affiant is the authorized agent of the owner(s) of the Property, Affiant possesses documentation
indicating the agency relationship granting the Affiant the authority to apply for development approval
on behalf of the owner(s).
5, If Affiant is the owner of the Property, from the time Affiant was deeded the Property on
05/01/2017 , Affiant has claimed sole ownershipof the Property. AffiantorAffiant'spredecessors
in interest have been in sole and undisturbed possession and use of the property during the period of
ownership. Since taking possession of the Property on 0si0112017 , no one has questioned
Affiant's ownership or right to possession nor demanded any rents or profits. To Affiant's knowledge, no
claim or action has been brought against Affiant (if Affiant is the owner), or against owner(s) (if Affiant is
acting as an authorized agent for owner(s)), which questions title or right to possession of the property,
nor is any claim or action pending against Affiant or owner(s) in court regarding possession of the
Property,
This the day of, Au st 20 22
6i/! (seal)
Dan M. Gray, Successor Co—. stee
ype or print name
STATE OF NORTH CAROLINA
COUNTY OF Wake
I, the undersigned, a Notary Public in and for the County of hereby certify that
Dan M. Gray Affiant, personally known to me
personally appeared before me this day and acknowledged the
due and voluntary execution of the foregoing Affidavit.
LR � e
R i Notary Public
g State of North Carolina
My Commission Expires:
INQTARY SEAL]
P V
61 lS=
Page 10 of 26 Ma{or Site Plan Application Last Updated: August 30, 2099

Application #: Submittal Date:
Insert legal description below.
RACT 3 (PIN: 0712 00 57 5776)
ITUATED AND LYING IN THE STATE OF NORTH CAROLINA, CHATHAM COUNTY,
OWNSHIP OF NEW HOPE, AND BEING THE LAND CONVEYED TO GRAY PEGGY G
RUSTEE BY DEED BOOK 1919 PAGE 1134, (ALL REFERENCES TO DEED BOOKS AN
LAT BOOKS IN THIS DESCRIPTION REFER TO THE RECORDS OF THE CHATHAM
OUNTY REGISTER OF DEEDS OFFICE, NORTH CAROLINA), BEING MORE
ARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
EGINNING AT A 1/2 INCH IRON PIPE (SAID PIPE BEING INSIDE OF A 1 3/4 INCH IRON
IPE), SAID 1/2 INCH IRON PIPE BEING SOUTH 39 DEGREES 6 MINUTES 2 SECONDS
AST A DISTANCE OF 252.95 FEET FROM AN EXISTING 1/2 INCH IRON PIPE, THE
OINT OF COMMENCING (HAVING NORTH CAROLINA STATE PLANE COORDINATES
F NORTHING: 727970.55' EASTING: 2014637.34'), SAID POINT OF COMMENCING
EING THE NORTHEAST CORNER OF THAT PARCEL CONVEYED TO PHILIP MICHAEL
CLAIN AND WIFE BY DEED 1395 PAGE 247, DESCRIBED AS TRACT D, SAID 1/2 IRON
IPE BEING THE TRUE POINT OF BEGINNING (HAVING NORTH CAROLINA STATE
LANE COORDINATES OF NORTHING: 727774.24' EASTING: 2014796.99').
IORTHERN LINE OF THE PORTION OF THAT PARCEL CONVEYED JEAN CARROL
11LLS GOODWING, MARGARET KING MILLS, REGINALD HORTON MILLS, JR. AND
VILLIAM STEPHEN MILLS BY DEED BOOK 657 PAGE 863, AND DESCRIBED AS TRACT
AND TRACT 2 IN DEED BOOK LQ PAGE 235, SOUTH 71 DEGREES 07 MINUTES 45
ECONDS EAST A DISTANCE OF 708.11 FEET TO AN EXISTING 1/2 INCH IRON PIPE
VITH WHITE CAP AND TACK, THENCE CONTINUING WITH THE NORTHERN LINE OF
RACT 1 BEING ALSO THE NORTHERN LINE OF THAT PARCEL CONVEYED TO
VILLIAM STEPHEN MILLS BY PLAT RECORDED IN BOOK OF MAPS 95 PAGE 462,
iESCRIBED AS LOT 1, SOUTH 71 DEGREES 08 MINUTES 24 SECONDS EAST A
iISTANCE OF 311.22 FEET TO AND EXISTING 1/2 INCH IRON PIPE WITH PINK CAP
,ND TACK, THENCE LEAVING LOT 1 NORTHERN LINE AND CONTINUING WITH TRACT
NORTHERN LINE SOUTH 71 DEGREES 14 MINUTES 02 SECONDS EAST A DISTANCE
)F 656.10 FEET TO A CALCULATED POINT, THENCE LEAVING TRACT 1 NORTHERN
INE NORTH 20 DEGREES 29 MINUTES 52 SECONDS EAST A DISTANCE OF 733.29
EET TO A CALCULATED POINT ON THE CHATHAM-WAKE COUNTY LINE, THENCE
EAVING CHATHAM-WAKE COUNTY LINE NORTH 53 DEGREES 24 MINUTES 19
ECONDS WEST A DISTANCE OF 530.32 FEET TO AN EXISTING 1/2 INCH IRON PIPE,
HENCE SOUTH 83 DEGREES 19 MINUTES 1 SECOND WEST A DISTANCE OF 405.10
O A CALCULATED POINT, THENCE NORTH 49 DEGREES 31 MINUTES 1 SECOND
VEST A DISTANCE OF 901.76 FEET TO A 4 INCH BY 4 INCH CONCRETE MONUMENT
VITH DISK (STAMPED CORPS OF ENGINEERS US ARMY, DATE: 1967, ID# 5555),
HENCE SOUTH 86 DEGREES 14 MINUTES 51 SECONDS WEST A DISTANCE OF
57.10 FEET TO A 4 INCH CONCRETE MONUMENT WITH DISK (STAMPED CORPS OF
Page 12 of 26 Major Site Plan Application Last Updated: August 30, 2019

Hager Rand - Mills Chatham Development Group, LLC
0712 00 56 6821
Owner Name (Please Print)
Property PIN or Deed Book & Page #
919-383-1531
[e-mail]
Phone
E-mail Address
Hager Rand - Mills Chatham Development Group, LLC
0712 00 55 1996
Owner Name (Please Print)
Property PIN or Deed Book & Page #
919-383-1531
[e-mail]
Phone
E-mail Address
Hager Rand - Mills Chatham Development Group, LLC
0712 00 55 1996
Owner Name (Please Print)
Property PIN or Deed Book & Page #
919-383-1531
[e-mail]
Phone
E-mail Address
Gray Peggy G Trust
0712 00 57 5776
Owner Name (Please Print)
Property PIN or Deed Book & Page #
Phone
E-mail Address

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NOTICE OF NEIGHBORHOOD MEETING
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
8/31 /2022
Date
Dear Neighbor:
You are invited to a neighborhood meeting to review and discuss the development proposal at
104 NC HWY 751, 106 NC HWY 751 0712 0055 1996, 0712 00 56 6821,
106 OFF NC HWY 751, OFF NC HWY 751 0712 00 55 1996, 0712 00 57 5776
Address(es) PIN(s)
in accordance with the Town of Apex Neighborhood Meeting procedures. This meeting is intended to be a way
for the applicant to discuss the project and review the proposed plans with adjacent neighbors and
neighborhood organizations before the submittal of an application to the Town. This provides neighbors an
opportunity to raise questions and discuss any concerns about the impacts of the project before it is officially
submitted. If you are unable to attend, please refer to the Project Contact Information page for ways to contact
the applicant. Notified neighbors may request that the applicant provide updates and send plans via email or
mail. Once an application has been submitted to the Town, it may be tracked using the Interactive
Development Map or the Apex Development Report located on the Town of Apex website at
http://www.apexnc.org/180/Planning-Community-Development.
A Neighborhood Meeting is required because this project includes (check all that apply):
Application Type
Approving Authority
0
Rezoning (including Planned Unit Development)
Town Council
0
Major Site Plan
Technical Review
Committee (staff)
❑
Special Use Permit
Board of Adjustment
(QJPH )
❑
Residential Master Subdivision Plan (excludes exempt subdivisions)
Technical Review
Committee (staff)
*Quasi -Judicial Public Hearing: The Board of Adjustment cannot discuss the project prior to the public hearing.
The following is a description of the proposal (also see attached map(s) and/or plan sheet(s)):
THIS PROPOSAL IS FOR A MULTI -BUILDING DEVELOPMENT INCLUDING ASSOCIATED PARKING, DRIVE AISLES
AND LANDSCAPING. THIS PROPOSAL ALSO INCLUDES THE MODIFICATION OF A PREVIOUSLY APPROVED REZONING
CONDITION TO REVISE THE TREE REPLACEMENT TO BE CONSISTENT WITH THE TOWN OF APEX UDO STANDARDS.
Estimated submittal date: 10/1/2022
MEETING INFORMATION:
Property Owner(s) name(s): Mills Chatham Investment Properties, LLC; Peggy G Gray Trust
Applicant(s): Beacon Development Company
Contact information (email/phone): [e-mail]
Meeting Address: Virtual (See final page of packet for dial in number
Date/Time of meeting**: 9/19/2022 at 5:00 PM
Welcome: 5:00-5:15 PM Project Presentation: 5:15-5:30 PM Question & Answer: 5:30-7:00 PM
**Meetings shall occur between 5:00 p.m.-9:00 p.m. on a Monday through Thursday (excluding Town recognized
holidays). If you have questions about the general process for this application, please contact the Planning and Community
Development Department at 919-249-3426. You may also find information about the Apex Planning Department and on-
going planning efforts at http://www.apexnc.org/180/Planning-Community-Development.
Page 4 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

PROJECT CONTACT INFORMATION
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Development•
Project Name: Apex Gateway Zoning: LI-CZ
Location: 104 NC Hwy 751, 106 NC Hwy 751, 106 Off NC Hwy 751, Off NC Hwy 751
Pro ert PINS 071200566821,071200551996, Acrea e S uare Feet: 132.11 AC / 5,754,712 SF
p Y ( ); 071200 55 1996. 0712 00 57 5776 g q
Property Owner: Mills Chatham Investment Properties, LLC; Peggy G Gray Trust
Address: 3214 Hillsborough Road, Durham, NC 27705 ; 1221 Broad St Apt 215, Fuquay Varina, NC 27526
City: - State: - Zip: -
Phone: -
Email: -
Developer: Beacon Development Company
Address: 500 E Morehead St, Suite 200
City: Charlotte
Phone: [phone] Fax:
Engineer: Advanced Civil Design, Inc.
Address: 51 Kilmayne Drive, Suite 102
City: Cary
Phone: [phone]
Builder (if known):
Address:
City:
Phone:
Fax:
Fax:
State: NC
Zip: 28202
Email: [e-mail]
State: NC Zip: 27511
Email: [e-mail]
State:
Email:
Zip:
Please note that Town staff will not have complete information about a proposed development until the
application is submitted for review. If you have a question about Town development standards and how
they relate to the proposed development, please contact the appropriate staff person listed below.
Town of ApexDepartment
Planning and Community Development Department Main Number
(Provide development name or location to be routed to correct planner) [phone]
Parks, Recreation & Cultural Resources Department
Angela Reincke, Parks and Greenways Planner [phone]
Public Works -Transportation
Russell Dalton, Traffic Engineering Manager [phone]
Water Resources Department
Jessica Bolin, Environmental Engineering Manager (Stormwater, Sedimentation & [phone]
Erosion Control)
James Gregg, Utility Engineering Manager (Water & Sewer) [phone]
Electric Utilities Division
Rodney Smith, Electric Technical Services Manager [phone]
Page 5 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 28, 2021

Each Town Council meeting agenda includes a Public Forum time when anyone is permitted to speak for
three (3) minutes on any topic with the exception of items listed as Public Hearings for that meeting. The
Town Council meets on the 2"d and 41h Tuesdays of each month at 6:00 p.m. (except for holidays, see schedule
of meetings at http://www.apexnc.org/838/Agendas-Minutes). You may also contact Town Council by e-mail
at [e-mail].
Negotiation:Private Agreements and Easement
The Town of Apex cannot enforce private agreements between developers and neighbors and is not a party
to the easement and right-of-way negotiation that occurs between developers and neighboring property
owners for easements or rights -of -way that are necessary to build the project.
It is recommended that all private agreements be made in writing and that if a property owner feels it
necessary, they should obtain private legal counsel in order to protect their interests in both private
agreements and during easement negotiations. The only conditions that the Town of Apex can enforce are
those conditions that are made a part of the conditional zoning of the property by agreement of the
developer and the Town.
As an example, if a developer offers to build a fence for a neighbor to mitigate some impact, the Town can
only enforce the construction of the fence if the fence becomes a condition of the rezoning. This would occur
by the developer offering the condition as part of their conditional zoning application package or at the Town
Council public hearing on the conditional zoning and the Town accepting it as a condition. Private agreements
regarding a fence being constructed will not be enforced by the Town.
To request that any agreement with a developer is made a part of the conditional zoning at the time of
approval, you may ask at the Town Council public hearing if the agreement is included in the conditions. If it
is not, you may request that the Town Council not approve the rezoning without the agreement being
included in the conditions (note that it is up to Town Council whether to approve or deny the rezoning but
they cannot impose conditions that the applicant does not agree to add). The developer's proposed
conditions can be viewed any time after a rezoning is submitted on the Interactive Development Map at:
http://apexnc.maps.arcgis.com/apps/OnePane/basicviewer/index.html?appid=fa9ba2017b784030bl5ef4d
a27d9e795
Neighbors to a requested new development and/or rezoning are strongly encouraged to fully document (such
as through dated photographs) the condition of their property before any work is initiated for the new
development. Stormwater controls installed on developed property are not designed to and will likely not
remove 100% of the soil particles transported by stormwater runoff. As a result, creeks and ponds could
become cloudy for a period of time after rain events.
Page 6 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

COMMON CONSTRUCTION ISSUES & WHO TO CALL
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Noise• of • • • Police
Noise from tree removal, grading, excavating, paving, and building structures is a routine part of the
construction process. The Town generally limits construction hours from 7:00 a.m. to 8:30 p.m. so that there
are quiet times even during the construction process. Note that construction outside of these hours is
allowed with special permission from the Town when it makes more sense to have the construction occur at
night, often to avoid traffic issues. In addition, the Town limits hours of blasting rock to Monday through
Friday from 8:00 a.m. to 5:00 p.m. Report violations of construction hours and other noise complaints to the
Non -Emergency Police phone number at 919-362-8661.
Construction truck traffic will be heavy throughout the development process, including but not limited to
removal of trees from site, loads of dirt coming in and/or out of the site, construction materials such as brick
and wood brought to the site, asphalt and concrete trucks come in to pave, etc. The Town requires a
construction entrance that is graveled to try to prevent as much dirt from leaving the site as possible. If dirt
does get into the road, the Town can require they clean the street (see "Dirt in the Road" below).
There can be issues with roadway damage, roadway improvements, and traffic control. Potholes, rutting,
inadequate lanes/signing/striping, poor traffic control, blocked sidewalks/paths are all common issues that should
be reported to Water Resources — Infrastructure Inspections at 919-249-3427. The Town will get NCDOT involved
if needed.
Unless a neighbor gives permission, there should be no construction parking in neighbors' driveways or on their
property. Note that parking in the right-of-way is allowed, but Town regulations prohibit parking within 15 feet of
driveways so as not to block sight triangles. Trespassing and parking complaints should be reported to the Non -
Emergency Police phone number at 919-362-8661.
Road:Dirt in the
Sediment (dirt) and mud gets into the existing roads due to rain events and/or vehicle traffic. These incidents
Sediment (dirt) can leave the site and get onto adjacent properties or into streams and stream buffers; it is typically
transported off -site by rain events. These incidents should be reported to James Misciagno at 919-372-7470 so
that he can coordinate the appropriate repairs with the developer. Impacts to the streams and stream buffers
should also be reported to Danny Smith ([e-mail]) with the State.
During dry weather dust often becomes a problem blowing into existing neighborhoods or roadways. These
incidents should be reported to James Misciagno at 919-372-7470 so that he can coordinate the use of water
trucks onsite with the grading contractor to help control the dust.
Excessive garbage and construction debris can blow around on a site or even off of the site. These incidents should
be reported to James Misciagno at 919-372-7470. He will coordinate the cleanup and trash collection with the
developer/home builder.
Temporary sediment basins during construction (prior to the conversion to the final stormwater pond) are often
quite unattractive. Concerns should be reported to James Misciagno at 919-372-7470 so that he can coordinate
the cleaning and/or mowing of the slopes and bottom of the pond with the developer.
Post -construction concerns related to Stormwater Control Measures (typically a stormwater pond) such as
conversion and long-term maintenance should be reported to Jessica Bolin at 919-249-3537.
RodneyElectric Utility Installation:
Concerns with electric utility installation can be addressed by the Apex Electric Utilities Department. Contact
Rodney Smith at 919-249-3342.
Page 7 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

Virtual Meeting Log in Information
Join Zoom Meeting
https:Hus02web.zoom. us/i/5848957659
Meeting ID: 584 895 7659
One tap mobile
[phone]„5848957659# US
[phone]„5848957659# US (Chicago)
Dial by your location
[phone] US
[phone] US (Chicago)
[phone] US (New York)
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[phone] US (Houston)
[phone] US
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[phone] US (San Jose)
[phone] US
[phone] US (Tacoma)
Meeting ID: 584 895 7659

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SUMMARY OF DISCUSSION FROM THE NEIGHBORHOOD MEETING
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Property Owner(s) name(s): Mills Chatham Development Group, LLC & Peggy G Gray Trust
Applicant(s): Beacon Development Company
Contact information (email/phone): Maggie Houston / [e-mail] / 704-926-1403
Meeting Address: Virtual
Date of meeting: September 19, 2022
Time of meeting: 5:00pm - 7:00 pm
Please summarize the questions/comments and your responses from the Neighborhood Meeting or
emails/phone calls received in the spaces below (attach additional sheets, if necessary). Please state if/how the
project has been modified in response to any concerns. The response should not be "Noted" or "No Response".
There has to be documentation of what consideration the neighbor's concern was given and justification for why
no change was deemed warranted.
Question/Concern #1:
Concerned about having one access road into the site from NC 751. Can another access be added along US 64?
Applicant's Response:
We'd like to have another access along US 64, but NCDOT will not allow new access points along this road.
The proposed access on NC 751 is the furthest from the NC 751 & US 64 intersection. This is proposed as a signalized
intersection and will provide a southbound left hand turn into our site as well as a northbound right hand turn into our site.
Question/Concern #2:
Concerned about the timing and phasing for traffic improvements.
Applicant's Response:
The offsite traffic improvements for this project will be required to be completed before certificate of occupancy
is granted for the proposed development. These offsite improvements will be constructed concurrently with
proposed buildings and other infrastructure.
Question/Concern #3:
Concerned with safety and speed limit along NC 751.
Applicant's Response:
We want to make NC 751 a more safer route and will bring this up with our Traffic Engineer and NCDOT.
Question/Concern #4:
Concerned with collisions at intersection of NC 751 and US 64.
Applicant's Response:
Yes, this intersection has been identified as a safety concern by NCDOT. All proposed improvements will
be done to current NCDOT standards and will hopefully help alleviate concerns until NCDOT future improvements
are funded.
Page 9 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

SUMMARY OF DISCUSSION FROM THE NEIGHBORHOOD MEETING
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Property Owner(s) name(s): Mills Chatham Development Group, LLC & Peggy G Gray Trust
Applicant(s): Beacon Development Company
Contact information (email/phone): Maggie Houston / [e-mail] / 704-926-1403
Meeting Address: Virtual
Date of meeting: September 19, 2022
Time of meeting: 5:00pm - 7:00 pm
Please summarize the questions/comments and your responses from the Neighborhood Meeting or
emails/phone calls received in the spaces below (attach additional sheets, if necessary). Please state if/how the
project has been modified in response to any concerns. The response should not be "Noted" or "No Response".
There has to be documentation of what consideration the neighbor's concern was given and justification for why
no change was deemed warranted.
Question/Concern #1:
Is a pump station still being planned? Will utilities be stubbed to adjacent properties?
Applicant's Response:
Yes, a pump station is still planned to serve the area. Ultimately, the pump station and proposed utilities will have the capacity to
serve the surrounding area and future development, however utilities won't necessarily be stubbed to every adjacent property.
The proposed utilities will have access to it from adjacent property owner via easements and/or right of way dedication.
Question/Concern #2:
Who owns and is responsible for the utilities?
Applicant's Response:
The developer is responsible for constructing and paying (subject to partial reimbursement from the Town)
for the utilities based on Town's standards. Once constructed, public water and sewer will be owned and
and operated by the Town.
Question/Concern #3:
Applicant's Response:
We want to make NC 751 a more safer route and will bring this up with our Traffic Engineer and NCDOT.
Question/Concern #4:
Applicant's Response:
Yes, this intersection has been identified as a safety concern by NCDOT. All proposed improvements will
be done to current NCDOT standards and will hopefully help alleviate concerns until NCDOT future improvements
are funded.
Page 9 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

AFFIDAVIT OF CONDUCTING A NEIGHBORHOOD MEETING1
SIGN -IN SHEET AND ISSUES/RESPONSES SUBMITTAL
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
1, Maggie Houston
Print Name
do hereby declare as follows:
1. 1 have conducted a Neighborhood Meeting for the proposed Rezoning, Major Site Plan, Residential
Master Subdivision Plan, or Special Use Permit in accordance with LIDO Sec. 2.2.7 Neighborhood
Meeting.
2. The meeting invitations were mailed to the Apex Department of Planning and Community Development,
all property owners and tenants abutting and within 300 feet of the subject property and any
neighborhood association that represents citizens in the notification area via first class mail a minimum
of 14 days in advance of the Neighborhood Meeting.
3. The meeting was conducted at Microsoft Teams (Virtual)
on September 19, 2022
(location/address)
(date) from 5:00 pm (start time) to 7:00 pm (end time).
4. 1 have included the mailing list, meeting invitation, sign -in sheet, issue/response summary, and zoning
map/reduced plans with the application.
5. 1 have prepared these materials in good faith and to the best of my ability.
� 12 S 1 2 C) 2 Z- By. pe/�
Date
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Sworn and subscribed befoge me,
County, on this the 0''1 day
SEAL
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My Commission Expires:
Page 10 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: December 21, 2021

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I

NOTICE OF NEIGHBORHOOD MEETING
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
10/10/2022
Date
Dear Neighbor:
You are invited to a neighborhood meeting to review and discuss the development proposal at
See Attached
See Attached
Address(es) PIN(s)
in accordance with the Town of Apex Neighborhood Meeting procedures. This meeting is intended to be a way
for the applicant to discuss the project and review the proposed plans with adjacent neighbors and
neighborhood organizations before the submittal of an application to the Town. This provides neighbors an
opportunity to raise questions and discuss any concerns about the impacts of the project before it is officially
submitted_ If you are unable to attend, please refer to the Project Contact Information page far ways to contact
the applicant. Notified neighbors may request that the applicant provide updates and send plans via email or
mail. Once an application has been submitted to the Town, it may be tracked using the Interactive
Development Map or the Apex Development Report located on the Town of Apex website at
http://www.apexnc.orEZ18C).
A Neighborhood Meeting is required because this project includes (check all that apply):
Application Type
Approving Authority
E2
Rezoning (including Planned Unit Development)
Town Council
Technical Review Committee
Major Site Plan
(staff)
Minor Site Plan for the uses "Day care facility", "Government service",
Technical Review Committee
C
"School, public or private", "Restaurant, drive -through", or "Convenience
(staff)
store with gas sales"
❑
Special Use Permit
Board of Adjustment (QJPH*}
❑
Residential Master Subdivision Plan (excludes exempt subdivisions)
Technical Review Committee(staff)
*Quasi -Judicial Public Hearing: The Board of Adjustment cannot discuss the project prior to the public hearing.
The following is a description of the proposal (also see attached map(s) and/or plan sheet(s)):
THIS PROPOSAL IS FOR THE REZONING OF 242.94 ACRES FROM R-1, CU-IND-L AND CU-OI (CHATHAM COUNTY)
TO LI-CZ (TOWN OF APEX). THE LAND WILL BE PETITIONED TO BE ANNEXED INTO THE TOWN OF APEX LIMITS.
Estimated submittal date: 111112022.
MEETING INFORMATION:
Property Owner(s) name(s):
Applicant(s):
Contact information (email/phone)
Meeting Address:
Date/Time of meeting":
See Attached
Beacon Development Company
m aggie@beaco n d evel o pm a nt. co m
Virtual (See final page of packet for dial in number)
10/27/2022 at 5:00-7:00 pm
Welcome: 5:00-5:15 PM Project Presentation: 5:15-5:30 PM Question & Answer: 5:30-7:00 PM
**Meetings shall occur between 5:00 p.m.-9:00 p.m. on a Monday through Thursday (excluding Town recognized
holidays). If you have questions about the general process for this application, please contact the Planning Department
at 919-249-3426. You may also find information about the Apex Planning Department and on -going planning efforts at
http://www.apexnc.orFJ180.
Page 4 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: August 31, 2022

PROJECT CONTACT INFORMATION
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Project Name: Apex Gateway
Location: See Attached
Property PiN(s): See Attached
Acreage/Square Feet:
Property Owner:
Address:
City: State:
Phone: Email:
Developer: Beacon Development Company
Address: 500 E Morehead St., Suite 200
City: Charlotte State: NC
Phone: [phone] Fax:
Zoning:
Zip:
Zip: 28202
Email: [e-mail]
Engineer: Advanced Civil Design, Inc.
Address: 51 Kilmayne Drive, Suite 102
City: Cary State: NC Zip: 27511
Phone: [phone] Fax:
Builder (if known):
Address:
City:
Phone:
Fax:
State:
Email:;whitacregadvancedcivildesign.com
Email:
Zip:
Please note that Town staff will not have complete information about a proposed development until the
application is submitted for review. If you have a question about Town development standards and how
they relate to the proposed development, please contact the appropriate staff person listed below.
DepartmentTown of Apex
Planning Department Main Number
(Provide development name or location to be routed to correct planner) [phone]
Parks, Recreation & Cultural Resources Department
Angela Reincke, Parks and Greenways Planner [phone]
Public Works - Transportation
Russell Dalton, Traffic Engineering Manager [phone]
Water Resources Department
Jessica Bolin, Environmental Engineering Manager (Stormwater, Sedimentation &
Erosion Control)
James Gregg, Utility Engineering Manager (Water & Sewer)
Electric Utilities Division
Rodney Smith, Electric Technical Services Manager
t919) 249-3537
[phone]
[phone]
Page S of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated August 31, 2022

:Providing Input to Town Council:
Each Town Council meeting agenda includes a Public Forum time when anyone is permitted to speak for
three (3) minutes on any topic with the exception of items listed as Public Hearings for that meeting. The
Town Council meets on the grid and 4th Tuesdays of each month at 6:00 p.m. (except for holidays, see schedule
of meetings at http://www.apexnc.org/838/Agendas-Minutes). You may also contact Town Council by a -mail
at AllCouncilPapexnc-oriz.
Private Agreements and Easement Negotiation:
The Town of Apex cannot enforce private agreements between developers and neighbors and is not a party
to the easement and right-of-way negotiation that occurs between developers and neighboring property
owners for easements or rights -of -way that are necessary to build the project.
It is recommended that all private agreements be made in writing and that if a property owner feels it
necessary, they should obtain private legal counsel in order to protect their interests in both private
agreements and during easement negotiations. The only conditions that the Town of Apex can enforce are
those conditions that are made a part of the conditional zoning of the property by agreement of the
developer and the Town.
As an example, if a developer offers to build a fence for a neighbor to mitigate some impact, the Town can
only enforce the construction of the fence if the fence becomes a condition of the rezoning. This would occur
by the developer offering the condition as part of their conditional zoning application package or at the Town
Council public hearing on the conditional zoning and the Town accepting it as a condition. Private agreements
regarding a fence being constructed will not be enforced by the Town.
To request that any agreement with a developer is made a part of the conditional zoning at the time of
approval, you may ask at the Town Council public hearing if the agreement is included in the conditions. If it
is not, you may request that the Town Council not approve the rezoning without the agreement being
included in the conditions (note that it is up to Town Council whether to approve or deny the rezoning but
they cannot impose conditions that the applicant does not agree to add). The developer's proposed
conditions can be viewed any time after a rezoning is submitted on the Interactive Development Map at:
htt a exnc.ma s.arc is.com a s onePane basicviewer index.html?a id=fa9ba2017b784030bl5ef4d
a27d9e795
Neighbors to a requested new development and/or rezoning are strongly encouraged to fully document (such
as through dated photographs) the condition of their property before any work is initiated for the new
development. Stormwater controls installed on developed property are not designed to and will likely not
remove 100% of the soil particles transported by stormwater runoff. As a result, creeks and ponds could
become cloudy for a period of time after rain events.
Page 6 of 10 Neighborhood Meeting Instruction Packet & Affidavit Last Updated: August 31, 2022

COMMON CONSTRUCTION ISSUES & WHO TO CALL
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website
or disclosed to third parties.
Noise & Hours of ■ Police
Noise from tree removal, grading, excavating, paving, and building structures is a routine part of the
construction process. The Town generally limits construction hours from 7:00 a.m. to 8.30 p.m. so that there
are quiet times even during the construction process. Note that construction outside of these hours is
allowed with special permission from the Town when it makes more sense to have the construction occur at
night, often to avoid traffic issues. In addition, the Town limits hours of blasting rock to Monday through
Friday from 8:00 a.m. to 5:00 p.m. Report violations of construction hours and other noise complaints to the
Non -Emergency Police phone number at 919-362-8661.
Construction truck traffic will be heavy throughout the development process, including but not limited to
removal of trees from site, loads of dirt coming in and/or out of the site, construction materials such as brick
and wood brought to the site, asphalt and Concrete trucks come in to pave, etc. The Town requires a
construction entrance that is graveled to try to prevent as much dirt from leaving the site as possible. If dirt
does get into the road, the Town can require they clean the street (see "Dirt in the Road" below).
There can be issues with roadway damage, roadway improvements, and traffic control. Potholes, rutting,
inadequate lanes/signing/striping, poor traffic control, blocked sidewalks/paths are all common issues that should
be reported to Water Resources — Infrastructure inspections at 919-249-3427. The Town will get NCDOT involved
if needed.
Non-EmergencyParking Violations: Police
Unless a neighbor gives permission, there should be no construction parking in neighbors' driveways or on their
property. Note that parking in the right-of-way is allowed, but Town regulations prohibit parking within 15 feet of
driveways so as not to block sight triangles. Trespassing and parking complaints should be reported to the Non -
Emergency Police phone number at 919-362-8661.
Dirt in the Road: James Misciagno 919-372-7470
Sediment (dirt) and mud gets into the existing roads due to rain events and/or vehicle traffic. These incidents
should be reported to lames Misciagno. He will coordinate the cleaning of the roadways with the developer.
Sediment (dirt) can leave the site and get onto adjacent properties or into streams and stream buffers; it is typically
transported off -site by rain events. These incidents should be reported to James Misciagno at 919-372-7470 so
that he can coordinate the appropriate repairs with the developer. Impacts to the streams and stream buffers
should also be reported to Danny Smith (dann .smith C@ ncdenr. ov) with the State.
During dry weather dust often becomes a problem blowing into existing neighborhoods or roadways. These
incidents should be reported to James Misciagno at 919-372-7470 so that he can coordinate the use of water
trucks onsite with the grading contractor to help control the dust.
r
Trash: James Misciagno
Excessive garbage and construction debris can blow around on a site or even off of the site. These incidents should
be reported to James Misciagno at 919-372-7470. He will coordinate the cleanup and trash collection with the
developer/home builder.
Temporary
Temporary sediment basins during construction (prior to the conversion to the final stormwater pond) are often
quite unattractive. Concerns should be reported to James Misciagno at 919-372-7470 so that he can coordinate
the cleanin and/or mowing of the slopes and bottom of the pond with the developer.
■Bolin
Post -construction concerns related to stormwater Control Measures (typically a stormwater pond) such as
conversion and long-term maintenance should be reported to Jessica Bolin at 919-249-3537.
RodneyElectric Utility Installation:
Concerns with electric utility installation can be addressed by the Apex Electric Utilities Department. Contact
Rodney Smith at 919-249-3342.
Page 7 of 10 Neighborhood Meeting Instruction Packet & Affidavit fast Updated: August 31, 2022

AERIAL MAP - NC 751 & U5 64 - CHATHAM COUNTY, NC
PIN: 0712 00 37 6549
PIN- 0712 00 37 2751 7.06 ACRES
PIN: 0712 00 37 8303
12-24 ACRES
PIN: 0712 00 36 7945
7.96 ACRES
PIN: 0712 00 47 0121
1.00 ACRES
PIN: 0712 00 46 0876
7.47 ACRES
PIN: 0712 00 .
5.03 ACRES
PIN: 0712 00 24 5419
0-56 ACRES
PIN: 0712 00 24 6438
0-57 ACRES
GRAPHIC SCALE
0 300 600 1200
I inch = 600 feet
83-17 ACRESVV VY
PLAN PREPARED BY: FIRM # C-2798
51 Kilmoyne Drive. Suite 102
ADVANCED Cory, North Caralina '7511
ph 919.481.6290
C I V I L n F S I G N fox 919.336.5127
PIN: 0712 00 46 1386
14.19 ACRES
PIN: 0712 00 43 5356
r 84.24 ACRES
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