Agenda - 09-05-2023; 8-a - Minutes

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12 1 a zoning or rezoning request from a school, the level of service of a road facility or facilities 2 abutting the school or proximately located to the school [may not be considered]". This 3 responsibility is instead assigned to the NC Department of Transportation (NCDOT) via NCGS 4 136-18(29a), the Municipal School Transportation Assistance statute, which specifies traffic 5 generation calculations for schools and review parameters for NCDOT to estimate impacts to the 6 local transportation network ("highway system"). It also requires the NCDOT to reimburse the 7 school for any transportation improvements to the highway system required by the State. 8 9 The NCDOT District 7 is requiring the construction of left turn lanes with 150' of full storage at 10 both site driveways (US 70A and Lawrence Road). NCDOT will reimburse the school for the 11 construction, per NCGS 135-18(29A). The NCDOT District 7 memorandum regarding the analysis 12 and required improvements to the transportation network is found in Attachment 5. As a condition 13 of approval, the applicant is volunteering to construct southbound and northbound left-turn lanes 14 on Lawrence Road at the intersection of Lawrence Road and US 70. This offer to construct would 15 be accompanied by the posting of a performance bond with NCDOT to guarantee the construction 16 of the aforementioned turn lanes. Should such construction not be acceptable due to lack of 17 available right-of-way or disapproval by any necessary regulatory authority, the applicant offers 18 to instead pay $400,000 to Orange County. Either one of these commitments is offered to be 19 realized prior to issuance of the Certificate of Occupancy for the school. 20 21 Approval of a master plan is part of the MPD-CD rezoning process. Development, including 22 permitted land uses, would be in accordance with the approved master plan and conditions 23 imposed as part of the MPD-CD rezoning process. A site plan has been provided to comply with 24 the Schools: Preparatory standards required by Section 5.8.4 of the LIDO and Recreational 25 Facilities standards required by Section 5.7.2 of the UDO. The site plan will be binding, should 26 the application be approved. The applicant has not requested conditions to deviate from the 27 general development standards established in Article 6 of the UDO. Staff has recommended the 28 imposition of conditions, as included in the Ordinance in Attachment 9. Staff review and comments 29 are limited to the following conditions requested by the applicant: 30 31 1. Application: Project shall be completed as presented in approved site plan/application 32 packet. Applications to rezone property to the MPD-CD Conditional District shall be 33 processed in accordance with the procedures in UDO Section 2.9 and 6.7; 34 2. To construct left turn lanes with 150' of full storage at both site driveways (US 70A and 35 Lawrence Road); and 36 3. To construct southbound and northbound left-turn lanes on Lawrence Road at the 37 intersection of Lawrence Road and US 70 as described previously, with, preferably, 38 accompaniment of a performance bond with NCDOT, or, alternatively, payment of 39 $400,000 to Orange County for the purpose of local transportation improvements. Either 40 one of these commitments must be secured prior to issuance of the Certificate of 41 Occupancy for the charter school. 42 43 A motion to approve with specified conditions at the April 19, 2023 Planning Board Special 44 Meeting resulted in a 5-5 vote and the motion did not carry. The seven (7) conditions detailed in 45 the motion remain as part of the applicant's offered conditions and are as follows(minutes detailed 46 in Attachment 6): 47 48 1. Installation of a Type C buffer along Lawrence Road prior to issuance of a certificate of 49 compliance for the school; 50 2. Lighting for the tennis courts shall be the minimum necessary to meet UDO requirements;