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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 28 of 123 therefore, the development currently lacks much of the seven acre active recreation area required by Condition 1 27. 2 3 Larry Wright: Mr. Gledhill, you just referred to Condition 27, Mr. Gledhill said he went through and I’m sure you 4 have heard the road shall, the road shall and then he said that Condition 7, these are the following 5 recommendations and he contended, his argument was that the county was doing everything that it could to 6 increase this recreational area, could you address that please. I want you to address the following are 7 recommendations where 19, 20, 21, 22, 23, 24 shall and this is a recommendation, could you really differentiate 8 that and what point are you making here with a recommendation rather than a shall. 9 10 Michael Buck: I actually have a fairly detailed rebuttal to the recommendation argument but .. 11 12 Larry Wright: Well, it is right here number 27, you referred to that so this is the point I am trying to make and I 13 want to know what this letter is. It sounds like this is exactly what Mr. Gledhill was saying was going on here. 14 15 Michael Buck: Please read the letter in its entirety because again, I want to be quoting accurately and making 16 sure you have a proper understanding of the letter but I will point you to Mr. Benedict’s concluding statements in 17 the letter, “I regret that we are unable to agree on a mutually agreeable resolution at our last meeting that would 18 satisfy the county regulations, existing SUP and Newland’s goals for the project. … If Newland believes that 19 staff’s insistence on the inclusion of recreational areas in conjunction with the development of Phase IV contrary 20 to the intent or harmony of the board originally approving and having jurisdiction over the SUP, i.e. the County 21 Commissioners, then Newland may appeal the determination to the board. We can provide you with the appeal 22 application material upon your request.” That is key I think the planning director is doing exactly what he should 23 be doing, he is saying to them, here is what is on the ground; here is what you have to provide in order to 24 proceed. If you don’t agree with us, you may file an appeal and seek a provision from the approving board to do 25 what you wish to do that you think we as the planning board are improperly interpreting. That was the 26 appropriate tact for him to take at that point. 27 28 Larry Wright: How do I know this isn’t just a snap shot in time? I can read the letter but it can be snap shot in 29 time and I don’t know what happened before or after and I don’t think we are really addressing this. This could be 30 a series of negotiations. 31 32 Michael Buck: It certainly could be but if you read the letter and I will show you what was developed, you will see 33 that the negotiation wasn’t a negotiation … 34 35 Larry Wright: Proceed. 36 37 Michael Buck: I don’t want to lose sight of this. On page 3 of his letter, under past discussion, I am going to 38 quote the planning director, “Planning staff did receive an early proposal from Newland locating an open grassed 39 area of 100 feet by 240 feet with parking comprising a total of less than one acre. This open grassed area is 40 located underneath high voltage electric transmission lines. Although it may be reasonable to permit some 41 overflow recreation area parking under such areas, it is less than desirable for the majority of the active recreation 42 area in this development to be located underneath high voltage lines. The current county code supports that 43 premise by not permitting recreation activities in public utility transmission easements. Further, the small size of 44 this open grassed area is insufficient to satisfy Condition 27”. There is part of the negotiation that you are asking 45 about where he is laying down the marker that says what you have proposed, this field of 100 feet by 240 feet 46 insufficient, not going to fly. If you don’t like it, provide more land or go to the County Commissioners and seek a 47 dispensation. What you will see when we get to, and I hope I have a picture of it, what was actually, in fact you 48