7.24.24 BOA Agenda Packet - Laserfiche WebLink

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1 Leon Meyers: Let me stop you there. I'm sorry. Reporting what somebody said to you outside the hearing is 2 hearsay. 3 4 Jean Forrest Brooks: I don't want to frustrate you anymore than I did. 5 6 Leon Meyers: Okay. Thank you. Could I ask everybody who is going to testify in this case to come forward to me to 7 be sworn, please. 8 9 SWEARING OF THE TESTIMONY 10 Lauren Coffey: You swear and to order comes the testimony you're about to give is truth, the whole truth and nothing 11 but the truth to the best of your knowledge? 12 13 Staff: I do 14 15 Applicants: I do 16 17 Leon Meyers: Can we take just about a 4-minute break here? Starting back at about 8:20. 18 19 BOARD OF ADJUSTMENT BREAKS UNTIL 8:20 PM 20 21 Leon Meyers: All right, thank you, Mr. Kuhn. 22 23 Ben Kuhn: Thank you very much. My name is Ben Kuhn, K-U-H-N. I'm with the Law Firm of Ragsdale Liggett in 24 Raleigh, and like Mrs. Brown, my exposure here may be brief, and I apologize for objecting. It's unfortunately 25 something that as the lawyer for the situation, I have to do, and I apologize. I try to do it as limited and as little as 26 possible. My business address for the record is 2840 Plaza Place, Raleigh, North Carolina 27612. I'm here on behalf of 27 Capkov Ventures, a Chapel Hill based developer with 20/30 plus years of development experience with communities, 28 residential communities in Orange County. We are here seeking to amend a 1985 special use permit and a 1991 29 amendment to that special use permit which were originally secured in connection with the Woods Edge Mobile Home 30 Park located between Highway 86 and I-40. The provisions of the special use permit and the amendment to it to be 31 amended include in the 1990 amendment to the SUP to relocate the required 25 acres of open space that you saw in 32 the staff report to be redistributed in the area across as you saw in a different fashion, and we'll have our witnesses talk 33 to that in just a bit. The second issue is the 1985 special use permit which included a condition for unitary ownership 34 which was an interesting condition. It was condition No. 16 that talked about unitary ownership and that the property 35 would not be owned individuals, which was kind of an interesting subpart to that condition. Again, I'm not going to do 36 much of the talking here. I'm going to introduce and give a snapshot of our witnesses. Our first witness that you'll hear 37 tonight is Eric Chupp. He is the gentleman in the first row here. He is the director of development for Capkov Ventures 38 and he's going to talk to you about the background, some site history and assess of the SUP amendment application. 39 Then we have Mr. Robert Chapman, who is sitting next to Mr. Chupp. He has 28 years of planning and residential 40 development experience across the Southeastern United States and he's going to speak to the standard UDO 5.2.3(c) 41 as to the SUP amendment being in harmony with the area in which it is located and that the use is in compliance with 42 the plan for physical development of the county per the comprehensive plan. Then you'll have Dan Jewell, who I think 43 you may have seen before. He's with us as well. He is with Thomas and Hutton, the landscape architect and principal 44 with Thomas and Hutton and he's going to speak to the special use permit standard in UDO 5.3.2 as to whether the 45 proposed SUP amendment will maintain and/or promote the public health, safety and welfare where proposed and as 46 developed and operated according to the plan as submitted and applicable UDO requirements. And then we have 47 Jarvis Martin, who is also here. He is with Stewart, Martin and McCoy, who has decades of experience as an 48 appraiser, including appraising residential homes and communities and he's going to speak to the third special use 49 permit standard in the UDO 5.3.2(b) as to whether the use as amended will maintain or enhance the value of 50 17