Agenda 11-18-2025; 5-a - Application for Zoning Atlas Amendment – 1039-UT NC 86 N, Hillsborough, Hillsborough Township

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210 DRAFT 382 does sound like the school utilizes a nearby creek. Is that going to be impacted by that use? Is 383 that on, is the creek on their property, or is it on your property? 384 385 Beth Trahos: My understanding is that the current landowner allows the school to use many of the resources on 386 the property for the students. And so I do think they are out there at the creek and running on the 387 site today as a part of what they do at school. And so, obviously,we cannot allow that during the 388 construction process because of ongoing construction, but we are willing to allow that access to 389 the trails. The stream is in the open space on the property, and that open-space area will be 390 maintained almost, or a little more, actually, than half the site, so that would be an available 391 environmental amenity. 392 393 Charity Kirk: So you would allow the students on the property, on the open-space portion of the property? 394 Because right now it sound,you're just like, it sounds like you very much don't want anybody but 395 the community homeowners on the property. 396 397 Beth Trahos: So what, so our initial concern was to do with liability for a small homeowners association, and so 398 what we had included in the conditions is that we would make an offer to the school for them to 399 have access. Our condition relates to the trails because that was what was expressed to us as 400 something that was desirable. But that offer would include some commitment with regard to 401 liability waivers and that kind of things because, clearly,these would not be public, and a 402 homeowners association couldn't take on that risk. But we would make that offer, and the terms 403 will be negotiated between those parties moving forward. 404 405 Charity Kirk: So you would be willing to expand that to not just the cross-country team? 406 407 Chris Johnston: I think it's for the school, is it not? 408 409 Lamar Proctor: No,the condition specifically says the property owner shall offer limited access to the planned 410 trails to the Eno River Academy for use by students on the cross-country team, pursuant to an 411 agreement drafted by the landowner with an effective date after construction is complete. So 1 412 read that as a commitment by the developer to enter into some good-faith agreement with Eno 413 River Academy to allow the students on the cross-country team to use the trails for running 414 purposes. 415 416 Chris Johnston: But point— 417 418 Beth Trahos: And that was what was asked. 419 420 Chris Johnston: —point of clarification, I mean, is this our place? Like are we,this we're talking about an 421 agreement between two different organizations and groups, and we're asking it to be a condition 422 as part of the zoning request,and I'm not sure that that's— 423 424 Charity Kirk: Well,we haven't requested it. 425 426 Cy Stober: So, similar to the last application that involvement a commitment to negotiate with NCDO from, I'm 427 sorry,from this applicant for a different project that compelled them to negotiate with NCDOT on 428 unnecessary turn lanes, per their traffic study;this would be a commitment for them to initiate 429 negotiations with Eno River Academy for this shared use, but it doesn't,we cannot compel them to 430 come to agreement. 431 432 Charity Kirk: Right. 433 434 Donna Crowder: And just to let you know, Charity,that—hey, Donna Crowder. Just to let you know,we met with 435 them on Friday afternoon for 4 hours, I think. We toured the whole facility, and we talked with the 436 cross country, one of the guys that runs the cross-country thing. We found out about their