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165 <br /> Approved 5-3-2023 <br /> 55 <br /> 56 Cy Stober-You can discuss it, but per state law, you can't deny or approve it based on traffic. It cannot be the basis of a <br /> 57 zoning decision. <br /> 58 <br /> 59 Beth Bronson-Thank you for making that clarification. <br /> 60 <br /> 61 Chris Johnston-Can we just get clarification again that that is a state law and is not something that Orange County has <br /> 62 done, right?Those guidelines are provided to us by the state... <br /> 63 <br /> 64 Cy Stober-Yes, it is in Article 7 of the NC General Statute 160D. <br /> 65 <br /> 66 Lamar Proctor-To clarify,what is before us is the entire rezoning plan as presented by the applicant which includes two <br /> 67 schools as well as the ball fields and the other facilities. So, it is a site-specific plan, and we have to approve the <br /> 68 conditions or deny based on that site specific plan? <br /> 69 <br /> 70 Cy Stober-That is correct,with the three primary uses tied together,yes. <br /> 71 <br /> 72 Statler Gilfillen-So, we have the jurisdiction for recreational facilities and the traffic it might impact, versus we have no <br /> 73 jurisdiction to consider the impact of traffic from the schools themselves?They are separate issues... <br /> 74 <br /> 75 Cy Stober-That is correct. I will defer to the applicants and the traffic consultant's analysis and executive summary that <br /> 76 is provided in your packet, distinguishing the two uses. <br /> 77 <br /> 78 Statler Gilfillen- It is my understanding also that considerations of a school are not under the jurisdiction of this board <br /> 79 either... <br /> 80 <br /> 81 Cy Stober-A school, yes,the type of school, no. In your packet there are links to permissible and impermissible <br /> 82 considerations.The tenant of the building cannot be the basis of a determination, the use can but not the user. <br /> 83 <br /> 84 Statler Gilfillen-Let me make sure that I understand as a board member here.We have the right to rule on a school <br /> 85 whether it is appropriate as a use.We do not have the right, on a school to look at the traffic implications of it though? <br /> 86 <br /> 87 Cy Stober-That is correct, by state law. <br /> 88 <br /> 89 Taylor Perschau,Zoning and Planning Supervisor, reviewed the proposed amendment. <br /> 90 <br /> 91 James Parker, applicant with Lawrence Road Partners LLC, gave a presentation. <br /> 92 <br /> 93 Patrick Byker,attorney with Morningstar Law Group, gave a presentation. <br /> 94 <br /> 95 Eric Silinish, Design Lead with Summit Design and Engineering gave a presentation. <br /> 96 <br /> 97 Lyle Overcash, Project Manager/Traffic Engineer with Kimley Horn gave a presentation. <br /> 98 <br /> 99 Statler Gilfillen-Just to clarify, looking at the southwest corner of 70 and Lawrence, is that where the historic structure is? <br /> 100 <br /> 101 Lyle Overcash-yes. <br /> 102 <br /> 103 Statler Gilfillen-How much would that conflict on that corner with the historic building? <br /> 104 <br /> 105 Lyle Overcash-There is 60 foot of right of way but understand,we have not surveyed this area, but we understand there <br /> 106 is 60 foot of land in this area and so that would be our challenge is to keep the improvements within the right of way. <br /> 107 <br />