Cross_cutting + Wildlife_habitat

2:38 And if that evidence is there and we regard it as credible and covering the criteria as we interpret them, then we're obligated by state law to approve the application. It's not our job to be more stringent nor more lenient than those criteria allow, but rather to interpret the plain language of those standards and determine if they're met or not. In making this evaluation, we're required to be objective, independent, and free of any conflicts of interest. And I believe that I am with regard to this item tonight. I don't have any business, personal or familial connection with the applicant or the proposal. What I know about the proposal, the facts about it are what I have gleaned from the record. I've had my record for approximately two weeks now, and I received as of today a couple more comments.

3:35 I haven't digested those yet, but that's what I know about this application, plus what I will hear tonight in a public hearing. And if anyone has any questions about potential conflicts of interest or biases or ex parte context, feel free to ask those during the public testimony portion of tonight's hearing. Here is kind of the basic schedule of events for this item tonight. We'll begin with a staff report, which is a verbal rendition of the written report that was issued approximately 14 days ago. Staff will go over those approval criteria that I mentioned. Those are the standards that apply. And if you believe that anything else or different applies as an approval standard, you need to tell me what that is and give some justification as to why it is an approval standard.

4:30 After the staff report, I will take the applicant's presentation. For the applicant, you can assume I'm familiar with a proposal. I understand basically what the development configuration is, but I need a couple of things in particular from you. First of all, are there any changes? What's the latest, most recent form of this development proposal? I think it's the revised plans in exhibit 32 is what I think are those, and then the final revised habitat plan, which is like exhibits. Revised mitigation plan, exhibit 62. So if it's something more recent than that, let me know. The second thing I need from the applicant is there's the staff report that was issued.

5:28 It includes findings, proposed findings and proposed conditions. I need to know if the applicant has any objections or corrections or challenges to any of the findings or any of the conditions. So let me know with particularity what corrections or changes you want to see to the those proposed findings and conditions. And the third thing is we've had a number of public comments, and we may get public testimony tonight in opposition to the proposal. The applicant should keep track, keep notes of the points raised in the neighbor and opponent testimony. And I would turn it during your rebuttal applicant to you to respond to those that are appropriate. Because a lot of times that the testimony that I get in these hearings is how is this proposal, how is this development going to impact me? How is the transportation system going to work? How's the stormwater system going to impact me? Make things worse, make things better.

6:27 Those kind of questions that relate to how this development is going to function on the landscape are best addressed by the applicant and your development team. So keep track of those points, be prepared to address them during your final rebuttal. Then during the applicant's primary presentation, anything else you want to add for my benefit. After the applicant, I'll take testimony from anyone else in favor of the proposal. After that, I'll take testimony from anyone with neutral testimony or questions. And then after that, anyone opposed to the proposal. Then after the public testimony is done, I will go back and the applicant will get final rebuttal. After that, the applicant gets final rebuttal in all these matters. It gets the last word because the applicant has the burden of proof, the burden of proving that they have met the approval criteria.

7:25 So they're afforded every opportunity to demonstrate that they meet that burden. Then after all the public testimony and the final rebuttal, I'll turn back to staff to see if there's any parting advice that staff has based on the testimony that comes in tonight. And it's my typical habit to close the record after that and take the matter under consideration. I'll issue my decision generally about two weeks after the record closes. But if anyone needs additional time to formulate your testimony or arguments, you can ask that the record be kept open longer than that. I believe the notice indicated the record would automatically be kept open for one week after tonight's hearing. That puts it till the 21st of May, just in case anyone has trouble signing into this WebEx Internet platform or wants to respond to anything that comes up tonight.

8:24 So the record will be kept open for at least one week. But if you want more time, you need to ask for that while the record is still open. And you need to give me some explanation as to why you need that time because it will change the schedule. And there is a certain revolving door aspect to this because, as I mentioned, the applicant gets final rebuttal. If the record is left open, the applicant will get further final rebuttal in writing after that. So be mindful of when the record closes and if you need more time, ask for it. Also, my decisions are the county's final decision in this matter, but it's appealable to Superior Court through the Land Use Petition Act. To appeal one of my decisions, though, you have to participate either orally at this hearing tonight or in writing while the record is still open.

9:18 And you need to raise for me either orally and writing any issue that you want to preserve for an appeal to Superior Court.