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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 17 of 123 Let me ask you to go to Mr. Buck’s appeal application. Grounds for this appeal – Violation of site suitability 1 requirements Regulations IV-B-7, Violation of site suitability unity requirements Subdivision regulations IV-B-7. I 2 can continue to read or summarize. Essentially, every one of these concerns with respect to the plat recorded in 3 Book 103, page 63 and 64 which is the subject of this appeal relates to recreation related issues and the 4 calculations thereof. What Mr. Buck is saying is that this plat he is appealing from shows that there is a failure of 5 Scotswood to meet these recreation requirements of the subdivision regulations. There is also contention that 6 Scotswood has not met the SUP recreation requirements. In part this contention compares what was done in the 7 development with subdivision regulation requirements and zoning ordinance requires not with SUP requirements. 8 The documents contained in the record before together with Mr. Harvey’s testimony confirm that in all respects, 9 the Scotswood Planned Development meets or exceeds the recreation requirements of the SUP approved by the 10 Board of County Commissioners. The actual acreage committed to recreation as stated on the development 11 plats passive and active, this is all coming from Mr. Harvey’s testimony. In Phase I, passive, 5.266 acres, Phase 12 IV, 4.98 acres, Phase IIA, south of Nancy Hill Creek, 9.059 acres. That is a total shown of 19.3 acres. Illustrating 13 where the passive recreation is on the handout essentially follows Nancy Hill Creek is where the bulk if not all of 14 this passive recreation is, right through the center of this project. Active recreation, Phase IV, the top lot, .292 15 acres, Phase IV, 5.4 acres, in the upper corner, a private active recreation space that you can see and the multi 16 family, which is not shown on this map, that is 2.381 acres and in Phase IIa has 7.068 of active recreation. That 17 is a total of 15.2 acres excluding the trails. All but the 2.38 acres, well, of those 7 acres is right in the center of 18 the project. And 5 acres is up in the northeast corner and the top lot is somewhere in the midst of all that but the 19 bulk of the passive and active recreation is in the middle of that complex housing development. In addition, you 20 have heard testimony tonight that there are 1.8 additional acres of active recreation in the form of trails that go 21 throughout the project for a total of 15,000 linear feet by Mr. Harvey’s testimony calculations 5 feet wide gives you 22 about 1.8 acres so you have a total shown on these plats and part of this project of 17 acres of active recreation 23 space, 19 acres of passive recreation space. Except for the trails, the bulk of it, trails in this one outlying parcel, 24 the bulk of it is in the center of this project. 25 26 Larry Wright: Does that 19 include the 17 as well? 27 28 Geof Gledhill: Let me see. 29 30 Larry Wright: The 17, you added those up, the 1.8 and 15.2 which was 17 and then you talked about 19. 31 32 Geof Gledhill: No. Those are separate. By my rough calculations, 19.3 acres of passive recreation and 17 acres, 33 including the trails, of active recreation. Our contention is there are 17 acres from this project that are committed 34 to active and there are 19.3 acres committed to passive recreation. Let’s talk about what the special use permit 35 requirements are for recreation. First of all, let’s go to Attachment H which is the 1981 new ordinance that was in 36 effect when this special use permit was approved in 1986 and you heard testimony about how we got to that, 37 couldn’t locate it but the 1981 draft ordinance was the same with respect to these requirements. That is in 38 evidence. 39 40 Geof Gledhill: Let’s go to Section 6.12.2.6 which is that page 6-8 of Attachment H. Attachment H is the 1981 41 Draft Ordinance. Under Recreation Space, 6.12.2.6, Minimum Requirements, “Minimum recreation space 42 required shall be not less that the number of square feet derived by multiplying gross residential land area by the 43 recreation space ratio applying to the lot”. That recreation ratio is found at 5.1.1 of the same ordinance. And for 44 a PD 2 it is .019, for PD 2 for an R5 district, it is either .3036 or .039. Those are the ratios that apply for this case. 45 That is before I take you to what the special use permit says. Let me take you to Section 7.6 which is the same 46 zoning ordinance on page 7-9, “Approval of final plans and reports shall be based on compliance with regulations 47 applying at the time the land was zoned PD status including such specific modifications as were made by the 48