12.13.23 BOA Agenda Packet - Laserfiche WebLink

Browse Search

40 1 Beth Bronson: The ones to include your buffer,the landscape buffer,where the courts are,the five-foot ditch or in your 2 case the sidewalk,the road, and then the property is more than 250 feet. 3 4 Will Wirt:Yes ma'am. 5 6 Beth Bronson: Okay. As long as that's an understood condition it expects to meet it. 7 8 Leon Meyer: So the four what appear to be courts on this drawing closest to the north property line, you don't intend to 9 build those courts? I'm asking. 10 11 Patrick Byker: They'll just be tennis courts. 12 13 Leon Meyers: Okay, other questions for Mr. Hardy. Sorry,we got sidetracked on pickleball noise. Thank you Mr. Hardy. 14 Before we close the public hearing, board members have any questions of the applicant or the applicant's witnesses? 15 16 Patrick Byker:We're happy to answer anything. 17 18 Beth Bronson: Did you have something else to add to the closing? 19 20 Patrick Byker: Given the lateness of the hour, I think having me give a summary of the evidence might be a little redundant, 21 sufficient to say you've heard expert witness testimony that provides competent material, substantial evidence for every 22 finding in the UDO in compliance with the comprehensive plan. I do want to emphasis under the North Carolina State Law 23 when a special use is included in the use table within a zoning district as recreational facilities are in the R1 zoning district, 24 that's prima facie harmony with the area. That's state law that states that, has been articulated by our court of appeals 25 since at least 2007, in the case of Habitat for Humanity of Moore County versus Board of Commissioners for the Town of 26 Pinebluff. So our team has provided competent substantial material evidence on the record for every finding that's 27 required. Accordingly,we respectfully ask for your approval tonight and again our team of experts with the exception of 28 Eric is here to answer any questions that may occur to you when you're taking your five to seven minute break. 29 30 Leon Meyers:Any other questions for Mr. Byker? Let's do take a break and I do want to come back to another question 31 before we close up here. So five minutes, 10:31, 1 mean 10:21. Back in session at 10:21. 32 33 BOARD OF ADJUSTMENT BREAKS UNTIL 10:21 P.M 34 35 Beth Bronson: My question for the applicant pertains to the speculative development nature of not having the funding for 36 this Special Use Permit but applying for the permit with such stringent requirements and then the prospect of meeting those 37 within five years versus the normal two years to start for Special Use Permit. I guess my question is what type of 38 safeguards has the applicant. My question would be what type of safeguards has the applicant put in place in in order to 39 ensure that this Special Use Permit will be funded? 40 41 Patrick Byker: Patrick Byker for the applicant. Vice Chair Bronson, I lose sleep over a lot of things, but HYAA and Orange 42 County Tennis coming up with the money to build this project is not one of them. These are community leaders who are 43 well established in Hillsborough, have good access to numerous financial partners. And as you mentioned, your typical 44 Special Use Permit is only two years. So if you don't do anything for two years, it evaporates. We have five years and 45 we're confident that within that five-year timeframe we will be under construction, hopefully well under construction and 46 have successfully implemented most of the facilities that you see on this site plan. Having look through the great 47 recession, I know what can happen. But that's really,that's where we are. We think it's a great project. We have the 48 financial partnerships to move forward and we think with a five year vesting period,we'll be able to make this happen. 49 50 Beth Bronson: I guess I'm just trying to understand what led you to ask for five years versus the standard two years? 51 52 Patrick Byker: Exactly that, exactly that. To be able to reach out and create as many partnerships as possible to do that. 53 And recognize that we live in uncertain times with rising interest rates, but even given those, even giving the uncertainty in 54 the markets right now we're confident that within five years this will be well underway. 55