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DRAFT 6
<br /> 1 Holly Fraccaro: Holly Fraccaro, I know the applicant. I run an association and they are members of my association. I'm
<br /> 2 here today as a Board of Adjustment member and will make a decision based on my charge.
<br /> 3
<br /> 4 Leon Meyers: I have a long business relationship and a personal relationship with Mr. Byker here and I have no
<br /> 5 problem making a fair decision in this case.
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<br /> 7 Patrick Byker: Good evening, Chairman Meyers, Vice Chair Bronson, Members of the Board. My name is Patrick
<br /> 8 Byker. I'm with the Morningstar Law Group. My office address is 700 West Main Street in Durham. I'm here to
<br /> 9 represent Lawrence Road Partners LLC. Jim Parker is the leader and decision maker for Lawrence Road Partners, and
<br /> 10 we are here to discuss a tract which, overall, contains about 85 acres, located on the east side of Lawrence Road and
<br /> 11 the south side of 70A. We're here today to request a Special Use Permit for approximately 53.4 acres within that 85-
<br /> 12 acre tract, again, to serve as recreational facilities at this location. The facilities will include outdoor baseball, outdoor
<br /> 13 softball, outdoor tennis, outdoor pickleball, and then a indoor recreational facility as well. At the outset, we do have
<br /> 14 exhibits and this PowerPoint that we wish to have introduced into the record. This PowerPoint is simply to assist our
<br /> 15 expert witnesses in their testimony and Mr. Chairman, if I may, I'd like to approach with our expert witness resumes and
<br /> 16 the real estate report by our appraiser.
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<br /> 18 Leon Meyers: Please. Well, members, without objection, these will be entered in the record.
<br /> 19
<br /> 20 Patrick Byker: Thank you, Mr. Chairman. Exhibit J is the conditions Taylor referred to that we'll go into in more detail,
<br /> 21 the rest of the exhibits are expert witness resumes and the real estate report by Mr. Rich Kirkland who is here to testify.
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<br /> 23 Beth Bronson: And that would be A through I?
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<br /> 25 Patrick Byker: It's Exhibits J through P. Mr. Chairman and Members of the Board, the applicant has demonstrated the
<br /> 26 plan for you this evening for Lawrence Road Recreational Facilities meets all requirements for approval set forth in the
<br /> 27 Orange County Unified Ordinance Development. You will see that and hear that testimony and the exhibits that are
<br /> 28 going to be presented by our witnesses, each of them an expert in his field. Our first witness will be Mr. Will Wirt, a
<br /> 29 professional engineer from Summit Design and Engineering. He is our site designer and engineer. He will talk in depth
<br /> 30 about the site plan that has been submitted and included with this case. After that, you will hear from Mr. Lyle
<br /> 31 Overcash, a professional engineer specializing in traffic with Kimley Horn. After that, you'll hear from a professional
<br /> 32 engineer, Chad Harrett, who is a noise and sound specialist, also with Kimley Horn. Next, you'll hear from Mr. Eric
<br /> 33 Lappala, a professional engineer, who is the president of Eagle Water Company. He is an expert in well hydrology.
<br /> 34 Lastly, the Board will hear from Mr. Rich Kirkland. He is a duly licensed real estate appraiser, and he is an member of
<br /> 35 the Appraisal Institute, MAI, the highest designation in the real estate appraisal field. After our expert witnesses, the
<br /> 36 Board will hear from our two operators of these recreational facilities, Mr. John Pelphrey from the Orange County
<br /> 37 Tennis Club and then lastly, Mr. Patrick Cummings with the Hillsborough Youth Athletic Association or HYAA. As you
<br /> 38 consider the evidence, please keep in mind, per legal standards, it is our burden, as the applicant, to provide competent
<br /> 39 material substantial evidence on the record showing that each of the required approval criteria in the LIDO has been
<br /> 40 met. Once that is done, the applicant is entitled to the issuance of a Special Use Permit because special uses are uses
<br /> 41 by a right, as the evidence shows, that all the applicable criteria stated in the UDO have been met. We are confident
<br /> 42 that the competent material substantial evidence that will be presented today will establish that the applicant has
<br /> 43 complied with all the requirements of the UDO. Before I call our first witness, I do want to note two changes in our
<br /> 44 application that occurred after you received your agenda packet. The first one is a note on a site plan which will state to
<br /> 45 say that all the outdoor fence work will be lit and there's a light study reflecting that addition. To perhaps assist, Mr.
<br /> 46 Chairman, we brought full-size copies of the site plan. I don't know if you're able to see it clearly on your screen, but we
<br /> 47 have full-size copies of the site plan and lighting plan that would assist the Board. If that would be too much paper, we
<br /> 48 understand.
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<br /> 50 Leon Meyers: I'll ask you to hang on to those, we may have questions.
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