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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 26 of 38 1 Larry Wright: We are looking at these as part of this recreation area. 2 3 David Rooks: Those photographs are what they are. 4 5 Michael Buck: This is the path we talked about earlier that is not at fault in the sewer easement. 6 This is a picture of the parking lot that exists on the parcel. I have already submitted into 7 evidence the parking lot in Phase IV that was built by a different developer. 8 9 Larry Wright: That is part of this parking lot on the upper left hand. 10 11 Michael Buck: This is Phase IV parking lot and this parking lot is in Phase II. We just finished 12 talking about some of these parameter areas and on the previous slide I said about 1.3 acres 13 were in the areas of the pictures I just showed now I am going to show pictures for this particular 14 location and from a Plano meter standpoint that is about .9 acres in this vicinity. Again, this is 15 slope area, stumps here; this is a grate that was in the center. I will point out that this grate has 16 been removed at homeowner’s expense. It was once in the middle of what the developer’s called 17 active recreation but since been removed at homeowners expense. More sloping and along 18 Churton Grove Boulevard, sloping. This sloping was once landscaped until the road for the 19 bridge was built and for the last four years has looked like there. Here, what is claimed as the 20 active recreation area, we have cement debris? Here is another view of the landscaping along 21 Churton Grove Boulevard and you can see all the area where this is no grass. In this highlighted 22 yellow area, I am trying to show the temporary silt fencing. Churton Grove Boulevard was built in 23 2008 and here we are in 2013 and still the silt fencing. 24 25 Mark Micol: That wear is not due to pedestrian traffic but erosion? 26 27 Michael Buck: Correct. There is a sidewalk on this side so pedestrians would not typically walk 28 there. This is a blowup not from this location but what that type of fence is and here are locations 29 throughout the neighborhood where this type of fencing exists primarily along this area where the 30 creek is. There is temporary all along in those locations and there are other locations throughout 31 the development where it exists in Phase IV. I do have pictures of all these. 32 33 Geof Gledhill: None of this has anything to do with permitting or anything to do with the special 34 use permit. This is Mr. Buck’s walk through about the construction that is going on or has gone 35 on. In my opinion, all the slides in this presentation talking about the condition in this property is 36 irrelevant. 37 38 Larry Wright: Where are you going with this? 39 40 Michael Buck: That the special use permit has a condition, Condition 30… 41 42 Geof Gledhill: Is that part of your appeal? 43 44 Michael Buck: Yes. 45 46 Geof Gledhill: The grounds for your appeal includes Condition 30? I object to that. 47 48 David Rooks: I think he is outside the scope of his appeal. It is not relevant. The only issue here 49 are the things that he says were incorrect at the time the zoning administer signed off on the plat 50 not subsequent failures on the developers so I would say it is irrelevant. 51