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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 20 of 123 statement in that letter. This information is provided for perspective regarding the origin and importance of the 1 recreation recommendation of Condition 27 since the rules were not adopted at the time the SUP was approved. 2 Our argument to you about this letter is this is a negotiation between the planning department and the developers 3 over what recreation should be in this development. It is a negotiation because the condition of the special use 4 permit nowhere makes a requirement for recreation except in the ratios we have talked about before. In the 5 gross land area ratios we have talked about before. The entire recreation component of the special use permit is 6 couched in recommendation terms. Mr. Benedict is fighting for additional recreation over what the ordinance 7 required in the spirit of these later adopted regulations. Mr. Harvey’s testimony earlier tonight, nowhere in the 8 county’s files is there evidence that the county was requiring the later adopted recreation standards in this 9 project; they were using those to negotiate a better deal in the project. 10 11 Jeff Schmitt: That is the essence of this Attachment K. 12 13 Geof Gledhill: That is the essence of Attachment K. Let me go to Attachment L which is the next one in Mr. 14 Buck’s package. It is May 22, 2002 letter from…this is funny because I have no recollection of signing this letter 15 but I signed it. John Link wrote this letter, Geoffrey Gledhill and Craig Benedict wrote this letter to James Moore 16 in 2002 and that is my signature so I fess up to having written this letter or at least signing it. What this letter is 17 about wholly and exclusively is the importance and significance of both the timing and phasing of this project. 18 Remember the reason why there was a delay between the special use permit approval and the recording of it 19 was Hillsborough did not have public water supply adequate to serve this project. The phasing and timing of the 20 aspects of the development of this project were intended to coincide with Hillsborough’s water supply expansion 21 getting up and running. The bottom line is this letter concerned solely and exclusively the phasing and timing of 22 the project so that it would not be developed to outstrip the public water supply. It happens to use maps that 23 show the phasing plan that show bridges. I argue to you from the bottom of my heart, those bridges on those 24 maps are meaningless. This map is about phasing and timing and has nothing to do with bridges across Nancy 25 Hill Creek. Let me take the opportunity to take you back to the special use permit and that is Attachment C. I 26 want you to go to the conditions that are in that special use permit which begin on Book 1709, page 104. There 27 are 44 of them. I am going to illustrated this and then tell you what it says. Reading number 1, “The grantee of 28 this special use permit shall post, number 2, Security shall be provided, number 3, All necessary easements to 29 permit utility…..search shall be provided, the grantee shall promulgate roads, parks, etc. shall be, shall be, shall 30 be, every single one of these conditions except Condition 27 says “shall be”. Number 27 doesn’t say shall be, it 31 says, “the following recommendations apply to the recreation area and facilities”. The county didn’t have the 32 authority to say “shall be” when this special use permit was attached. The county did the best it could and said 33 we recommend that you do this. The planning staff took that and ran with it in the negotiations in the process of 34 getting these plats developed and put on record and did the best it could to get as much consistency between the 35 recreation supplied by these developers and the recreation recommendations contained in this special use 36 permit. 37 38 Geof Gledhill: In summary, Mr. Buck’s appeal fails because the recreation requirements he contends are not met 39 were not in the zoning ordinance when the SUP for this project was approved and not applicable at all. They 40 were adopted after this project was approved. Those commitments were honored by the county when the special 41 use permit was recorded in the language I read to you earlier which was, with respect to the recreation on 42 speaking because that is really the whole… 43 44 Larry Wright: What was honored? 45 46 47