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14 <br /> 439 Beth Trahos: My understanding is that the current landowner allows the school to use many of the resources on <br /> 440 the property for the students. I do think they are out there at the creek and running on the site <br /> 441 today as a part of what they do at school. And so, obviously,we cannot allow that during the <br /> 442 construction process because of ongoing construction, but we are willing to allow that access to <br /> 443 the trails. The stream is in the open space on the property, and that open-space area will be <br /> 444 maintained almost, or a little more, actually,than half the site,so that would be an available <br /> 445 environmental amenity. <br /> 446 <br /> 447 Charity Kirk: So,you would allow the students on the property, on the open-space portion of the property? <br /> 448 Because right now it sounds like you very much don't want anybody but the community <br /> 449 homeowners on the property. <br /> 450 <br /> 451 Beth Trahos: Our initial concern was to do with liability for a small homeowner's association, and so what we <br /> 452 had included in the conditions is that we would make an offer to the school for them to have <br /> 453 access. Our condition relates to the trails because that was what was expressed to us as <br /> 454 something that was desirable. But that offer would include some commitment with regard to <br /> 455 liability waivers and that kind of things because, clearly,these would not be public, and a <br /> 456 homeowner's association couldn't take on that risk. But we would make that offer, and the terms <br /> 457 will be negotiated between those parties moving forward. <br /> 458 <br /> 459 Charity Kirk: So,you would be willing to expand that to not just the cross-country team? <br /> 460 <br /> 461 Chris Johnston: I think it's for the school, is it not? <br /> 462 <br /> 463 Lamar Proctor: No,the condition specifically says the property owner shall offer limited access to the planned <br /> 464 trails to the Eno River Academy for use by students on the cross-country team, pursuant to an <br /> 465 agreement drafted by the landowner with an effective date after construction is complete. So, 1 <br /> 466 read that as a commitment by the developer to enter into some good-faith agreement with Eno <br /> 467 River Academy to allow the students on the cross-country team to use the trails for running <br /> 468 purposes. <br /> 469 <br /> 470 <br /> 471 Beth Trahos: And that was what was asked. <br /> 472 <br /> 473 Chris Johnston: But point of clarification, I mean, is this our place? Like are we,we're talking about an agreement <br /> 474 between two different organizations and groups, and we're asking it to be a condition as part of <br /> 475 the zoning request,and I'm not sure that that's- <br /> 476 <br /> 477 Charity Kirk: Well,we haven't requested it. <br /> 478 <br /> 479 Cy Stober: So, similar to the last application that involvement a commitment to negotiate with NCDO from, I'm <br /> 480 sorry,from this applicant for a different project that compelled them to negotiate with NCDOT on <br /> 481 unnecessary turn lanes, per their traffic study; this would be a commitment for them to initiate <br /> 482 negotiations with Eno River Academy for this shared use, but it doesn't,we cannot compel them to <br /> 483 come to agreement. <br /> 484 <br /> 485 Charity Kirk: Right. <br /> 486 <br /> 487 Donna Crowder: Just to let you know,we met with them on Friday afternoon for 4 hours, I think. We toured the <br /> 488 whole facility, and we talked with one of the guys that runs the cross-country thing. We found out <br /> 489 about their program,which they offer this to all the charter schools all over the state. They come <br /> 490 and use their trail system for regional meets. So very proud of that, and it's a very important part <br /> 491 of their culture. So,what we did is we talked to them and said why don't we, in our plans and in <br /> 492 our commitments,we said yeah,we'll provide this many linear feet of trail. It probably will not be <br /> 493 across a creek,simply because we don't want to impact wetlands and we don't want to impact <br />