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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 22 of 123 Mark Micol: So when they negotiate, so the SUP has been approved based on the 1981 Ordinance, then they go 1 back and negotiate, what mechanism is in place to hold the developer’s feet to the fire to make sure…there is 2 not, right? 3 4 Geof Gledhill: There is none. Here is the answer, when the plat is recorded, they are stuck. Everything else is 5 like preliminary…the last time we were together, there were preliminary plats and there still are preliminary plats 6 in here. All that is just what it is. The only thing that matters is the recorded final plat. Then the negotiation is 7 over. You get what you get when the project gets platted. 8 9 Mark Micol: So your position is like the foot bridges, it says three foot bridges, the reduced to…they got two, so 10 that was all negotiation. 11 12 Geof Gledhill: That is exactly right. 13 14 Mark Micol: Wasn’t “a shall”. 15 16 Geof Gledhill: It wasn’t “a shall in” fact, the foot bridges are in 27d, it is part of the recreation. Three foot bridges, 17 you heard Mr. Buck about how there are some environmental issues that arose but it doesn’t matter why there 18 are only two, the two is what they got, the two is what they negotiated and the foot bridge requirement was not a 19 requirement, it was a recommendation. 20 21 Jeff Schmitt: Mr. Gledhill, would you go over the sequence of the dates from when the special use permit was 22 approved to when the development actually started because there is a huge timeline involved. 23 24 Geof Gledhill: The special use permit was approved May 20, 1986. It was in March of 1998, I don’t remember 25 the exact date, when the special use permit was approved, excuse me, when the special use permit was 26 recorded. 27 28 Jeff Schmitt: Say that again. 29 30 Geof Gledhill: There was a gap from 1986 until 1998 when nothing happened because everybody was waiting 31 for Hillsborough to have an adequate water supply for this project. I don’t want to put it all on Hillsborough, it was 32 more complicated than that. It had to do with Environmental Management. It was a big thing to get this water up 33 and running but the bottom line is that nothing happened that is in evidence between 1986 and 1998 with respect 34 to this project. 35 36 Jeff Schmitt: In this 12 year hiatus, there is no standing that says because of this inordinate time horizon from 37 when something was approved to when it became effective, if I can say it in that way, that when the special use 38 permit became effective 12 years later, all the language contained in it, no matter what had transpired with county 39 rules and regulations in that time period, was still based on when it was put into effect 12 years prior to that. 40 41 Geof Gledhill: That is the county’s contention and the way the county operated. 42 43 Jeff Schmitt: That is what Mr. Buck will argue against. 44 45 Geof Gledhill: He will probably argue against that and in support of what the county did, I’ll point to this language 46 in the special use permit that refers to these site plans which contain a recreation requirement, the ratios so even 47