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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 24 of 123 1 Michael Buck: Let me start off on a note of conciliation and echo Mr. Gledhill’s comments. From all the research 2 I have done, I would concur whole heartedly that whatever influence you have to prevent such long lag times in 3 the development delays and so forth, I think it certainly…as a resident of the community, I can attest to the fact 4 that it has certainly compounded some of the issues we have felt. Let me say if there was any question, I want it 5 to be clear that I am not challenging the validity of the special use permit in any way. I agree with the special use 6 permit, I want its provisions enforced so if there was any concern or question about that I want to be clear that I 7 am not challenging the validity of the special use permit. I am saying that the plat for Phase IV was invalidly in 8 approved and I am saying it was invalidly approved because it makes representations that were inconsistent with 9 applicable ordinance. It makes it impossible to fulfill the special use permit condition so the enactment of that plat 10 makes it impossible to adhere to the provisions of the special use permit. Implementing the plat I would say 11 introducing defacto changes to special use permit condition and so for these reasons, the Phase IV plat should 12 have not been approved when it was approved. I am going to start by talking about what is the relevant date. 13 We have had some of that discussion already. The SUP does mention two dates, May 20, 1986, the date which 14 the special use permit was approved and then on March 31, 1998, the special use permit effective date and the 15 date on which the land was rezoned. The choice of dates, my contention, and the choice of dates effects which 16 ordinances apply. I would argue the later date is applicable. I would further say that the use of the earlier date is 17 essential to the county’s case. If you do agree with me that the later date is the proper date to use for all the 18 subsequent conversations we will have, I think it is very difficult for the county’s case to prevail. I would like to 19 point out that the use of the later date is not essential to my case. I do believe that you should use the later date 20 as the relevant date for determination of which ordinances apply but even if you disagree with me, I will, using 21 evidence already in the record, I will argue that I can still prevail using the earlier date. What is the evidence for 22 the March 31, 1998 date that I believe is the appropriate date and Mr. Gledhill has already referred us to Orange 23 County Zoning Ordinance 7.6. Additionally, I will point to the special use permit itself. This is a summary of what 24 evidence I am going to get into. I am going to point to the zoning officer’s own testimony to argue for the use of 25 the March 31, 1998 date. I am going to point to the fact that the county has already enforced ordinances that 26 were enacted after March 31, 1998 but certainly after the 1986 date that the county wants you to review and I am 27 going to point out that there is a lack of compelling contrary evidence that precludes our use of an earlier date. I 28 also am open to any questions, I see you have dinner in front of you so I hope that I am clear enough with the 29 presentation that you won’t have to go through your documents. I am going to try to put it all on the board. 30 31 Karen Barrows: You said something about page 4, not being valid, what are you thinking of when you say that 32 Mr. Buck? 33 34 Michael Buck: My appeal challenges the validity of the approval of the Phase IV plat which took place in 1998 so 35 I am saying the Phase IV plat ought not to have been approved because of the issues I am going to lay out. 36 What is the evidence for the March 31, 1998 date? I am going to point to the exact same ordinance Mr. Gledhill 37 was pointing to and through all the slides, I will highlight where I am getting my information from and put on the 38 screen the actual evidence so this red highlighting will always be the location of the evidence. Attachment H, 39 page 79, “Approval of final plats, plans and reports shall be based on compliance with regulations applying (and 40 this is key) at the time land was zoned to PD status”. It is the zoning date that is critical. What was the zoning 41 date? The special use permit specified, in fact, in three different places, the special use permit tells us that the 42 zoning date was March 31, 1998. I am only highlighting one of them there but you will see that it says, “the 43 change in the zoning of the property and the special use permit effective date are March 31, 1998, the date of the 44 recording of this special use permit. I don’t dispute the fact that conditions were approved in 1986 but the actual 45 rezoning didn’t take place until 1998 on March 31. Additional evidence is highlighted by looking at the special 46 use permit itself. You will see sprinkled all over the last page the dates on which the signatures took place. It 47 was 1998 when the special use permit was put into effect. The other thing you can find in the special use permit 48