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2 <br /> Basic Review Process: A MPD-CD rezoning application requires submission of a master plan <br /> consistent with the provisions of Section 6.7 of the Unified Development Ordinance (UDO). <br /> The typical cadence for review is as follows: <br /> • First Action — Applicant holds a Neighborhood Information Meeting (NIM). <br /> Staff Comment — DONE. This meeting was held on March 1, 2023. Notes from <br /> this meeting are in Attachment 4. <br /> • Second Action — The Planning Board reviews the application at a regular meeting and <br /> makes a recommendation to the BOCC. <br /> Staff Comment — The Planning Board reviewed the application at its regular <br /> meeting on April 5, 2023 and continued deliberations at a Special Meeting on April <br /> 19, 2023, with a formal recommendation on this item occurring at its May 3, 2023 <br /> regular meeting. <br /> • Third Action — The BOCC receives the Planning Board and staff recommendations at an <br /> advertised public hearing and makes a decision on the application. <br /> Staff Comment — The public hearing is scheduled for Tuesday, June 6, 2023. <br /> Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part <br /> this process only if they address: <br /> a. The compatibility of the proposed development with surrounding property, and <br /> b. Proposed support facilities (i.e., access points, parking areas and driveways, pedestrian <br /> and vehicular circulation systems, screening and buffer areas, the timing of development, <br /> right-of-way improvements, storm water drainage, the provision of open space, etc.) <br /> The BOCC may not base a rezoning decision on the impacts to the transportation network, <br /> though this often is a developer responsibility for conditional zoning applications. Per North <br /> Carolina General Statute (NCGS) 160D-701, imposed conditions and site-specific standards are <br /> limited to those that address conformance of the development and use of the site to local <br /> government ordinances and adopted plans or the impacts reasonably expected to be generated <br /> by the development or use of the site. However, pursuant to NCGS 160D-701, "...as a basis for <br /> denying a zoning or rezoning request from a school, the level of service of a road facility or <br /> facilities abutting the school or proximately located to the school [may not be considered]". This <br /> responsibility is instead assigned to the NC Department of Transportation (NCDOT) via NCGS <br /> 136-18(29a), the Municipal School Transportation Assistance statute, which specifies traffic <br /> generation calculations for schools and review parameters for NCDOT to estimate impacts to <br /> the local transportation network ("highway system"). It also requires the NCDOT to reimburse <br /> the school for any transportation improvements to the highway system required by the State. <br /> The NCDOT District 7 is requiring the construction of left turn lanes with 150' of full storage at <br /> both site driveways (US 70A and Lawrence Road). NCDOT will reimburse the school for the <br /> construction, per NCGS 135-18(29A). The NCDOT District 7 memorandum regarding the <br /> analysis and required improvements to the transportation network is found in Attachment 5. As a <br /> condition of approval, the applicant is volunteering to construct southbound and northbound left- <br /> turn lanes on Lawrence Road at the intersection of Lawrence Road and US 70. This offer to <br /> construct would be accompanied by the posting of a performance bond with NCDOT to <br /> guarantee the construction of the aforementioned turn lanes. Should such construction not be <br /> acceptable due to lack of available right-of-way or disapproval by any necessary regulatory <br />