12.13.23 BOA Agenda Packet - Laserfiche WebLink

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4 1 development of the county which is embodied both in the Unified Development Ordinance and the Comprehensive Plan 2 and Future Land Use Map. If you have any questions on staff testimony, I'm happy to answer now or later. Otherwise, 1 3 would defer to the applicant to provide their testimony at this time. 4 5 Leon Meyers:Thank you. Mr. Byker. 6 7 Patrick Byker: Chairman Meyers,Vice Chair Bronson, members of the Board, my name is Patrick Byker. I'm an attorney 8 with Morningstar Law Group. Our office address is 700 West Main Street in Durham. We represent Lawrence Road 9 Partners, LLC,the applicant, in this Special Use Permit case. Lawrence Road Partners owns a tract containing 10 approximately 85 acres located along the east side of Lawrence Road south of US 70A. We are here tonight to request a 11 special use permit for approximately 53.37 acres within that 85-acre tract to serve as recreational facilities at this location. 12 Those facilities will include outdoor baseball, softball,tennis and pickleball and an indoor recreation facility. Section 13 1.8.3(B)of the UDO gives the Board of Adjustment final decision-making authority on Special Use Permit applications. The 14 applicant will demonstrate that the plan for the Lawrence Road Recreational Facility meets all the requirements for approval 15 set forth in the UDO. We will demonstrate that through the exhibits and the testimony of the following witnesses, each of 16 whom is an expert in his field. Our first witness will be Mr. Will Wirt, a professional engineer from Summit Design and 17 Engineering. He is the engineer and the site designer who will talk in depth about the plan and how it conforms with UDO 18 standards. Second, Mr. Lyle Overcash is a professional engineer who specializes in traffic. He is from Kimley Horn. He 19 will be followed by Mr. Tad Hardy, also a professional engineer from Kimley Horn who specializes in noise analysis. After 20 that will be Mr. Eric Lappala, a professional engineer who is the president of Eagle Water Company and an expert in well 21 hydrology. After that, our last witness is Mr. Rich Kirkland. He's a duly-licensed real estate appraiser and a member of the 22 Appraisal Institute which is the highest designation in the real estate appraisal field. We're hoping Mr. Kirkland will be here 23 by the time our other witnesses testify because he is double booked tonight. He's testifying at this moment for OWASA 24 before the Carrboro Board of Adjustment. And then he will obey all state traffic laws and arrive here as quickly as possible. 25 After our expert witnesses provide competent, material, substantial evidence on the record that our application complies 26 with all UDO requirements, I'll provide a brief summary of that evidence. And then we will submit the testimony of 27 representatives of two proposed operators for these recreational facilities. The Board will hear from Mr.John Pelphrey 28 from the Orange County Tennis Club and then from Mr. Patrick Cummings with the Hillsborough Youth Athletic Association. 29 As you consider the evidence, please keep in mind the legal standards which govern this type of hearing. It is our burden 30 as the applicant to provide this Board with competent, material, substantial evidence showing that each of the required 31 approval criteria has been met. Once that is done, under state law, the applicant is entitled to the issuance of a Special 32 Use Permit because special uses are uses by right if the evidence demonstrates that all the applicable criteria in the UDO 33 and the comprehensive plan have been met. We are confident that the competent, material, substantial evidence provided 34 to the Board this evening will clearly establish the applicant has complied with the requirements of the UDO, and therefore, 35 the permit should be issued. Before I call our first witness, I do wish to inform the Board we have a full-size copy of that 36 site plan available for any of you if you wish to review it since some of the numbers and dimensions are fairly small on your 37 screen. That is labeled as Exhibit Q and let us know if you would like to see that. Secondly, as I wrap up, I do wish to 38 reiterate that back on October 18 when this hearing was first opened,we did add an additional condition of approval stating 39 that outdoor pickleball shall not be permitted on any courts within 250 feet of the property line. With that, Mr. Chairman, 40 unless the Board has any questions for me,we'll present our first witness, our site engineer, Mr. Will Wirt. 41 42 Leon Meyers:All those witnesses have been sworn, Mr. Byker? 43 44 Patrick Byker:Yes, sir. 45 46 Leon Meyers:Thank you. 47 48 Will Wirt: Good evening. My name is Will Wirt. I'm a site design engineer with Summit Design and Engineering Services 49 here in Hillsborough at our offices at 320 Executive Court. I have 61/2 years of land development experience in all types 50 of land development projects across Central North Carolina including engineering components such as hydraulic and 51 hydrologic engineering, geotech and material testing, private transportation design and construction administration. I was 52 the site engineer that led the design team for this project. I believe I was the only witness to testify last time. I'll try to keep 53 it moving. You can probably make this presentation yourself by now. I'm here to discuss the overall layout of the project, 54 make clear your basis of knowledge about how this plan complies with all applicable sections of the UDO of the Special 55 Use Permit application. So as you can see on the site plan,the proposed use for this project is recreational with baseball