Minutes-06-06-2023-Business Meeting Con'd

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47 Commissioner Fowler asked if the intersection at US-70 crosses over the ephemeral stream, so she asked if there would be a bridge. Jim Parker said it would handled by a permitted pipe culvert. Cy Stober said that would be a federal and state permit that is facilitated at the county level. Commissioner Fowler asked if that is a common way to deal with this. Cy Stober said yes. Chair Bedford asked if it is known that there is available right of way, who handles the right of way, and are there doubts about right of ways. She also asked why the applicant would give the county money. Patrick Byker said it is difficult to know exactly how much there is on a ditch-section road and it is often difficult to ascertain what temporary construction easements might also be required. He said the challenge for the private sector is that there is no private right to acquire right of way. He said that if it turns out there is not enough right of way then any of those factors would make it impossible to construct the turn lanes. He said it is their goal, but if it is not possible, they will give $400,000 to the county and they can work with NCDOT to determine the turn lanes. Commissioner Richards said she would like to better understand the mixed residential neighborhood designation in the central Orange coordinated area. She said that it talks about small developments that support less than 50 dwelling units in a walkable manner and this development will not have sidewalks. She asked if it still consistent with that requirement if it is not walkable. Cy Stober said that in his professional opinion, yes. He said that the private street being constructed will have sidewalks and be privately maintained. He said that the applicant included sidewalks in the application but the regulatory authority, NCDOT, prohibited those. He said that the county acted in good faith and the applicant was obliging, but the regulatory authority denied it. He said the land use language is being undercut by the state. He said it would exist regardless of the use that is there. He said that the applicant has made the project as walkable as possible. Vice-Chair McKee said that the Chair, Vice-Chair, and Manager meet with NCDOT regularly to discuss NCDOT roads in Orange County. He said that this denial does not preclude a future approval of the sidewalks. Cy Stober said it was the lack of connection to an existing sidewalk network and the lack of a maintenance entity that led to the denial. Vice-Chair McKee asked if it was precluded permanently. Cy Stober said it would depend upon the approval of NCDOT and that it would have to be a new conversation. Commissioner Fowler asked about the hash lines for the handicapped accessible parking. She asked how they will they make sure that it happens. Cy Stober said these conditions can be enforced by staff. Jim Parker said the conditions run with the land. Vice-Chair McKee asked if HYAA was going to buy the fields. Patrick Cummings said they have a fundraising plan to buy the fields. He said their board has done their due diligence to begin design and improvements immediately. Vice-Chair McKee asked if the cost of the fields will be borne by HYAA without county involvement. Patrick Cummings said ideally it will be fully grant funded but they have a plan in place to build and build fast. Chair Bedford asked why there would be a traffic study in 5 years. Cy Stober said the Planning Board's minutes reflect one board member's concerns about this becoming a recreation destination and if a future traffic impact analysis would warrant further improvements. He said that would be public knowledge and could initiate an amendment to the zoning that would tie offsite improvements to the project.