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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 37 of 38 Michael Harvey: Technically there are three. You have a foot bridge here, a small foot bridge 1 here which crosses Nancy Hill Creek. 2 3 Jeff Schmitt: So the little corner that crosses the blue from a definitional perspective we are 4 saying is sufficient even though the floodplain exists? 5 6 Michael Harvey: This qualifies as the foot bridge crossing as required by the SUP. This is just 7 crossing a small tributary. It is a convenience. Then we have Berryman Avenue that has a 8 sidewalk which we count as a required bridge and it is our stipulation that only two bridges are 9 required. 10 11 Geof Gledhill: It is your testimony that there are two pedestrian bridges crossing Nancy Hill Creek 12 that area connected to the pedestrian trail system? 13 14 Michael Harvey: Yes sir. 15 16 Geof Gledhill: The specific recreation requirements in the special use permit are 17 recommendations? 18 19 Michael Harvey: Yes. 20 21 Geof Gledhill: That is all I have. 22 23 Michael Buck: About the bridges, it sounded like you were saying there were three bridges and I 24 wanted to flesh that out, were you trying to make a definitional distinction? 25 26 Michael Harvey: My only distinction is there are only two bridges in my mind that satisfy the 27 requirements of the SUP. There was a third bridge, that foot bridge crossing a tributary and does 28 not cross Nancy Hill Creek. There is a small foot bridge here. 29 30 Michael Buck: You are counting the Berryman Bridge as one, the tributary as two and the small 31 foot bridge as three. 32 33 Michael Harvey: I am not counting the foot bridge at all. 34 35 Michael Buck: You were going to show me the section of the code that allows the inclusion of 36 parking and setbacks are part of the recreational area calculation. 37 38 Michael Harvey: In Section 6.12.2 of the zoning ordinance, you have definitions and methods of 39 measurement related to standards for the land use intensity ratio requirements and limitations. 40 Section 6.12.2.1 gets to the definition of gross land area and what that includes, of lots, of 41 residential land area, residential floor area, recreation space which is Section 6.12.2.6, recreation 42 space part of total and livability of open space is exterior area appropriately approved for common 43 recreational use. That includes all applicable necessary infrastructure to support the use of the 44 said facility for that purpose which I claim is parking or any other necessary infrastructure which 45 would include required landscaping, buffering, setbacks, that make the recreation space 46 conforming to the provisions of the SUP. 47 48 Michael Buck: You mentioned the testimony of Marvin Collins in a meeting in 1986 where he said 49 Scotswood would not be included in the new subdivision regulations. Did the BOCC choose to 50 include that exclusion in the code. 51