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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 7 of 38 Michael Buck: None of that book is in evidence until I formally subm it, for example when I get to 1 the point, I will say I would like to submit Attachment J, these pages of that book into evidence. 2 3 Geof Gledhill: I get it, so now we are on a different document which is Appellant Exhibit 4 4 (PowerPoint presentation). 5 6 Michael Buck: I was intending and still do so subject to the rules that you have laid out, submit 7 Exhibit 5 which is an attempt, a document of proposed findings that you may wish to make so the 8 outcome of this is that you need to deliberate with the evidence before you and choose to make a 9 set of findings and I want to be able to present a proposal of possible findings you may wish to 10 make. I have not put that before you yet but I am laying out the direction I am going. I want to 11 apologize for the detail you will be exposed to but I understand that you have a duty to create a 12 set of critical findings and those findings must be supported by substantial, competent and 13 material evidence and it is my intention to provide that evidence to you. I will be as respectful as I 14 can of your time and move through this presentation as briskly as possible. We have already 15 taken up some time with housekeeping matters but I will do my best to move things along. 16 Before we get to that mind numbing detail, here is an overview of where I expect to go. I will 17 begin with a discussion of pedestrian bridges and walkways and then I will proceed with what are 18 the relevant dates for our discussion this evening. After we understand the relevant dates and 19 how that drives which ordinances are applicable, I would like to talk about the active recreation 20 area issues with a specific focus on the segmentation of the acreage breaking it up from larger 21 parcels into multiple smaller parcels and how that relates to the invalid and insufficient acreage 22 claims the developers have made. I will then move to a brief response to some of the items 23 raised by the zoning officer and his response to the appeal and brief concluding remarks and 24 present you with, what I believe are post findings you may wish to make. Here is a picture of the 25 planned development and this is coming, this comes from Attachment C? 26 27 Michael Harvey: I believe Mr. Buck is referring to Attachment C which is the approved special 28 use permit. 29 30 Michael Buck: You only provided eight of nine pages and this is actually page 9 which shows the 31 phasing plan. I don’t really need to present this as evidence; I just want to provide the board with 32 a context of the phases of the community. This is from the approved special use permit in 33 Attachment C. We have Phase I, single family, Phase 2, also single family, Phase 3 is the multi-34 family, which you may know as Braddock Park. I said Phase 3 and 4 but the Braddock Park 35 multi-family is also part of Phase 2, the area in blue is the commercial area where the Food Lion 36 is located. This is Phase 3 and then we have Phase 4 here. 37 38 Larry Wright: Jeff, are you visually impaired with color? 39 40 Jeff Schmitt: I am fine. 41 42 Michael Buck: Because it will become important to our discussions, I took the liberty of painting 43 on the creek that runs through the neighborhood dividing Phase 4 from the rest of the 44 development. 45 46 Jeff Schmitt: Down at the right hand corner, we see Scotswood, which is the name, I presume, of 47 what this development was to be called when it was initially filed with the county. Subsequent to 48 that, the name has been changed and/or the developers have changed, is that correct? 49 50 Michael Buck: That is correct. 51