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APPROVED 11/11/2013 <br />OC Board of Adjustment – 9/10/2013 Page 35 of 38 <br /> 1 <br />Geof Gledhill: In my argument I will quibble with the planning director’s use of the term exempt. 2 <br />Another term is legally correct and yes that is in your evidence. 3 <br /> 4 <br />Geof Gledhill: Is it true that at the time the special use permit was approved by the BOCC the 5 <br />recreation requirements, this ratio you have talked about, included recommendations with respect 6 <br />to satisfying its ration, the recreation area could include parking or slopes of any percentage and 7 <br />all the things that would now not be permitted by the revisions? 8 <br /> 9 <br />Michael Harvey: Yes. 10 <br /> 11 <br />Michael Buck: Is that in the ordinance somewhere? You have referenced 6.12. 12 <br /> 13 <br />Geof Gledhill: Please wait until you cross-examine. What was required in terms of recreation for 14 <br />Scotswood beyond the RSR or these ratios you talked about. 15 <br /> 16 <br />Michael Harvey: That is the recreation space. 17 <br /> 18 <br />Geof Gledhill: That was negotiated between the developer and the planning staff, correct? 19 <br /> 20 <br />Michael Harvey: Yes. 21 <br /> 22 <br />Geof Gledhill: On the basis of the negotiation were the county’s negotiating point the 23 <br />recommendations? 24 <br /> 25 <br />Michael Harvey: Yes. 26 <br /> 27 <br />Geof Gledhill: Those negotiations continued until the recording of the plats? 28 <br /> 29 <br />Michael Harvey: Yes sir. 30 <br /> 31 <br />Geof Gledhill: Ground of appeal F, does it appear to speak to Condition 27d of the special use 32 <br />permit. Ground of Appeal F is one related to the stream crossings. Michael and I are sharing 33 <br />documents. The plat does not indicate locations or easements for SUP mandated pedestrian 34 <br />bridges? 35 <br /> 36 <br />Michael Harvey: Yes sir. 37 <br /> 38 <br />Geof Gledhill: Was there anything in the SUP that required that easements be provided? 39 <br /> 40 <br />Michael Harvey: No sir. 41 <br /> 42 <br />Geof Gledhill: To find out where these facilities are, you have to look on the ground. 43 <br /> 44 <br />Michael Harvey: Yes sir. 45 <br /> 46 <br />Geof Gledhill: What are the, particularly with respect to the bridges, what are the bridges that 47 <br />exist at this project right now? 48 <br /> 49 <br />Michael Harvey: There are two bridges. Mr. Buck has shown the board a picture he entered into 50 <br />evidence showing a pedestrian bridge on the northwestern portion of the project towards the edge 51