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APPROVED 11/11/2013 <br />OC Board of Adjustment – 9/10/2013 Page 34 of 38 <br /> 1 <br />Geof Gledhill: That is because none of that is required is specified in the county’s zoning 2 <br />ordinance in 1985 or May 20, 1986. 3 <br /> 4 <br />Michael Harvey: Yes. 5 <br /> 6 <br />Larry Wright: Can you repeat that again. 7 <br /> 8 <br />Michael Harvey: The current subdivision regulation, Section IV.B.7.b provides for the specific 9 <br />provision of a certain percentage, certain requirement of the rec area. The ordinance as it 10 <br />currently exists requires certain minimum recreational amenities, swimming pool, tennis court, 11 <br />etc., none of that level of specificity existed in 1985, 1986 when that site plan was submitted or 12 <br />reviewed by the county. The only thing required which is detailed in Article 6 of the ordinance 13 <br />entered into the record was the certain provision of amenities based on total lot area for the 14 <br />projects. 15 <br /> 16 <br />Geof Gledhill: By provision you mean size, amount of acreage. 17 <br /> 18 <br />Michael Harvey: What this special use permit did was to flesh out, this is what we recommend 19 <br />you build to satisfy the required rec area that we have determined that is necessary per Section 20 <br />6.12.2.6 of the zoning ordinance. 21 <br /> 22 <br />Jeff Schmitt: Recommended or have to? 23 <br /> 24 <br />Michael Harvey: Recommended. The condition specifically states the following 25 <br />recommendations are made with respect to provision of recreation amenities. I will refer you to 26 <br />Condition 27 in the SUP that is contained in Attachment C in that specific language. 27 <br /> 28 <br />Geof Gledhill: August 4, 1986, is your testimony as to when the recreation components were 29 <br />fleshed out in the adoption of Section IV.B.7.b in the subdivision regulations. 30 <br /> 31 <br />Larry Wright: Those conditions are those that were considered when this special use permit was 32 <br />granted? 33 <br /> 34 <br />Geof Gledhill: No they were not. The special use permit was approved 3 or 4 months before. 35 <br /> 36 <br />Michael Harvey: I would like to call the board’s attention to the minutes in Attachment F, there is 37 <br />a specific statement made by Marvin Collins who was the planning director of Orange County, 38 <br />who is now deceased, indicated that Scotswood would not be subject to the regulations as it had 39 <br />already been previously approved. 40 <br /> 41 <br />Geof Gledhill: The recreation component IV.B.7.b was being discussed while Scotswood was 42 <br />going through the process. 43 <br /> 44 <br />Michael Harvey: That is correct. Scotswood SUP was issued before those specific recreation 45 <br />requirements were approved. 46 <br /> 47 <br />Larry Wright: Is that statement that the planning director made to the commissioners at that time, 48 <br />has that been submitted into evidence here? 49 <br /> 50 <br />Michael Harvey: Yes. 51