Orange County NC Website
35 <br /> 1588 Beth Trahos: Pathways Elementary? <br /> 1589 <br /> 1590 Whitney Watson: Yes. <br /> 1591 <br /> 1592 Laura Haywood: So, in order to get across the creek,yes,a walking bridge would need to traverse it. <br /> 1593 <br /> 1594 Whiteney Watson: It's not that, it's the property. <br /> 1595 <br /> 1596 Laura Haywood: Yes,there's an HOA-owned property back there that we would need to get permission from the <br /> 1597 HOA, but that would also be an additional collaboration piece that we are willing to address when <br /> 1598 the time comes. <br /> 1599 <br /> 1600 Whitney Watson: Okay. <br /> 1601 <br /> 1602 Beth Bronson: With Shrouds Creeks Homeowners Association. <br /> 1603 <br /> 1604 Laura Haywood: Yes,that's correct. There's a small neighborhood right there of I don't know, a handful, 12 to 15 <br /> 1605 homes, and their HOA kind of whips around. <br /> 1606 <br /> 1607 Patrick Mallett: I can offer some historical perspective to that. When some developer develops Shrouds Creek, <br /> 1608 the developer went to the Town of Hillsborough and to the schools and said, hey, I've got this <br /> 1609 open space,would you consider a greenway or a path or a connection point. And at that time,the <br /> 1610 town said we're not really interested because there's stream features there and we're concerned <br /> 1611 about hazards without a full-blown greenway and adequate bridges. The school ultimately <br /> 1612 concluded we just want one little sidewalk along the right-of-way there, so it has been discussed <br /> 1613 before. I think that that HOA would need to be approached and a legal agreement arrived at. 1 <br /> 1614 would think that they would be in the same theoretical position as the homeowners here,willing to <br /> 1615 talk, but there's essentially two to three, if not four parties that would need to be involved. Just <br /> 1616 wanted to let you know that that has been discussed in the past. <br /> 1617 <br /> 1618 Whitney Watson: So,the other question is,there's a little tiny narrow tail of property that is part of this proposal, and <br /> 1619 what's up with that little piece? Could that be transferred to Eno River Academy or somebody <br /> 1620 else? <br /> 1621 <br /> 1622 Beth Trahos: I don't know the, the genesis of that piece, but certainly it's something that could be discussed if it <br /> 1623 makes sense for it to be a part of Eno River or something like that. It certainly could be discussed. <br /> 1624 <br /> 1625 Whitney Watson: Or,yeah, or to the property owners that are adjacent to it already if they wanted to buy that. <br /> 1626 <br /> 1627 Cy Stober: Mr. Chair, if I may. So unlike when we're discussing DOT regulation and the right-of-way, <br /> 1628 conditioning a zoning approval on a property to compel conversation commitment with other <br /> 1629 property owners is outside the bounds of even the commissioners. We have to focus on this <br /> 1630 property and the regulations that apply to it and anything else is outside the bounds of what we <br /> 1631 can do as a zoning regulation. <br /> 1632 <br /> 1633 Lamar Proctor: Thank you. And I do think it's been clear through this discussion that any communication or <br /> 1634 agreement between other adjacent property owners or other property owners is a matter of private <br /> 1635 interests between those legal entities and the landowners. And as the applicant has pointed out, <br /> 1636 as the developer they will eventually develop and sell these lots and that neighborhood will have <br /> 1637 an HOA, and once again,we can't get involved in that. That's a private matter between the <br /> 1638 people who buy that, but that HOA as a legal entity would have discussions with Eno River <br /> 1639 Academy or with adjacent landowners, but we can't condition zoning on those things. <br /> 1640 <br /> 1641 Cy Stober: That's correct. I'm very happy to see and I know Taylor worked very hard at is basically teeing up <br /> 1642 those conversations as best we can through the powers that we do have to compel the easements <br />