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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 10 of 38 construction of the development so it was approved in 1986 and as I am going to get to shortly, 1 construction didn’t begin until much later but as Mike Harvey… I am not aware of any other cases 2 that came before the board or any other ruling they made subsequent to their approval of the 3 permit and its conditions in 1986. I would like to call your attention to the special use permit and I 4 was going to read from book 1709, page 103 and then talk about the conditions of the special use 5 permit. “Special terms and conditions of the special use permit. The property subject to this 6 special use permit is described above and shown on the site plan prepared by the John R. 7 McAdams Company, Inc. dated October 1985 and revised January 2, 1986. The terms are 8 binding until such time as the project herein described or the conditions herein are otherwise 9 changed by government action. The change in the zoning of the property and the special use 10 permit effective date are March 31, 1998, the date of recording of this special use permit. The 11 project shall be constructed in accordance with site plan dated October 1985 and revised January 12 2, 1986 and all commitments shall be as contained in the narrative statement of the project. . All 13 of which are incorporated herein and made part of this special use permit. The planned 14 development project is subject to the following conditions”. Then there are 44 conditions that 15 follow that help you control the development of the community and that is where I would like to 16 pick up here with Condition 27 subpart D with regard to the pedestrian bridges. Reading again 17 from the special use permit, “Install bridges across the creek at either end or midway in 18 conjunction with public walkways”. The requirement for three pedestrian bridges seems clear to 19 me that is obviously a ruling you will have to make but the requirement seems clear to me. I 20 would like to offer into evidence the map on page, Appendix L, from pages 67, 68, 69, 70 and 71 21 and I will show on the screen a large blow-up of that section of the map. This is a map that has 22 been used in multiple contexts by the county and the particular context I have taken it from a 23 letter the county sent to one of the developers in 2002. What I would like to show on this is there 24 are three bridges noted on this map. At either end or midway... It is difficult to see. There is our 25 creek that runs through the neighborhood. The purple line is the vehicle bridges that traverse the 26 creek. This is Phase 4 and here we have Phases 2 and 3 so we have got our creek, the vehicle 27 bridges that runs across, the trails that are built, if you look, there are listed on here that have not 28 been built and we will talk about that. Here are the trails that have been building, here is a trail 29 that has not been built, another one not built, another not built and another not built, and here are 30 bridges at either end or midway. Now, understand this is a difficult map to read and I have 31 requested from the County a non-marked version and have not received one. I do have a partial 32 copy that does not have these dark lines where I think the bridge locations are much more visible 33 so I would like to offer that as well. 34 35 Larry Wright: What are you offering here please? Is this going into evidence? 36 37 Michael Buck: This is a cleaner copy of this map, a partial version of it. I have requested an 38 original version of the map you saw in Appendix L and the county has not been able to provide 39 that to me, however, I did locate this map in county documents, which is a version of that map 40 without all the other lines. 41 42 Larry Wright: I would like the county representatives to look at this. 43 44 Jeff Schmitt: So that I am clear, there are three bridges? 45 46 Michael Buck: No sir. 47 48 Jeff Schmitt: There are not three bridges? 49 50