12.13.23 BOA Agenda Packet - Laserfiche WebLink

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7 1 Will Wirt: Yes, sir,Will Wirt, again. In the lighting plan that you have before you,the buffer that is meant to shield that 2 lighting there was not considered in the lighting model. We have corrected that. That's on that lighting plan over there, if 3 you want to see it. So that has been accounted for. 4 5 Leon Meyers: Good. Thank you. 6 7 Beth Bronson: Just to clarify on the lighting though, the hours of operation for the lights would be until 11:00 p.m.? And 8 then the facilities would be 10:00 p.m.? 9 10 Will Wirt:Yes. That's how it's laid out. The latest the lights can be on, per the Orange County LIDO is 11:00 p.m. 11 The planned hours of operation is 10:00 p.m. 12 13 Beth Bronson:And so have you considered a condition where the lights would be off at 10:00 p.m.? 14 15 Will Wirt:I would have to let the stakeholders answer that. 16 17 Beth Bronson:Absolutely. So just wanted to make sure I was clear on that. It wasn't the facility was closed,you said the 18 lights would turn off at 11:00. 19 20 Leon Meyers:Thank you. Mr. Byker, I proposed an order of operation and then I stepped on my own order here. What 1 21 intended to do was establish standing for those who signed up to speak before your presentation begins. And without 22 objection,we'll go ahead and do that now establish standing for the witnesses, not for witness testimony but for the 23 purpose of standing, and then continue with your presentation. I apologize. For folks in the audience in particular, people 24 who have signed up,who did sign up on October 18 to speak, this is a little bit of an unfamiliar thing especially to folks who 25 are accustomed to participating in public hearings that happen under a different format. Witnesses in order to be 26 considered in a quasi-judicial proceeding like a Board of Adjustment hearing,witnesses have to establish standing. And 27 there are three ways, under the statute,for witnesses to establish standing. One is to have an ownership or a leasehold 28 interest in the subject property. And that would have to be interest in the subject property not an adjacent property to 29 qualify under that standard. You can also qualify for standing if you represent an owner's or lessee's association and if that 30 association has at least one member who has already established standing individually. And if the association was not 31 formed in particular to address the Board of Adjustment matter at hand. And then the final way to establish standing is to 32 demonstrate that you as a speaker, as a potential witness,would suffer special damages. And the North Carolina rule 33 established by the courts is that in order to demonstrate standing through special damages, an individual must demonstrate 34 by competent, material and substantial evidence that approving a project will cause them to suffer a diminution in property 35 value, and causes of diminution could be noise or traffic as an example. Lay opinion is insufficient to establish a diminution 36 in property value. You would need to demonstrate with an expert opinion or with competent material and substantial 37 evidence,that you as a property owner would suffer a diminution of property value. Once you've established standing,then 38 you would have an opportunity to speak and to cross examine other witnesses. Are there any comments on questions on 39 those standards that come directly from the County Attorney. And I'm going to start with, I think in the order in which folks 40 signed up, and these will be potential witnesses who have said that they wish to establish legal standing. I'm going to call 41 your name, and if you're in the room I'll ask you to come forward to the podium, and tell the Board how you believe you 42 qualify as a witness with standing. For our witness who is online,we'll go ahead and connect when that person's name 43 comes up. And the first person is Brian Hill. Is Brian Hill here or online? 44 45 Brian Hill: Here, but I'm not going to speak. 46 47 Leon Meyers: Not going to speak. Okay. The second person is Laura Coronado. Ms. Coronado, can, can you please tell 48 the Board how you believe you qualify as a witness with standing based on the standards that I just read? 49 50 Cy Stober: Chairman Meyers, if I may intervene. Ms. Coronado, I believe, may need translation services.And the translator 51 was also sworn in prior to the public hearing so. I just wanted to intervene and make that provision. 52 53 Laura Coronado: Can I have the translator with me? 54 55 Leon Meyers:You may.