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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 29 of 123 can see it on the plat, what was actually provided is an open grassed area of 100 feet by 240 feet with parking so 1 to the extent that this was a negotiation it was unfortunately a capitulation entirely on the part of the county. 2 3 Mark Micol: Was that site underneath the high power lines? 4 5 Michael Buck: It is slightly off to the side of the power lines. The power line easement encroachment partly on it. 6 7 Unidentified Board Member: It sounds like the county got that is what negotiations are. Everybody gives up a 8 little bit so it sounds like that what negotiations is going on that the county wanted it totally off and Newland said 9 well I’m not going to be able to use that land so let’s use it as an open so let’s meet somewhere in the middle 10 where part of it is there and part of its off. I am saying it sounds like it is still negotiating. 11 12 Michael Buck: I understand there was negotiation. Please read the letter in its entirety. The small size of this 13 open grassed area is insufficient to satisfy Condition 27 so it’s partly the fact that it was under a high powered 14 transmission line but it is also the small size which didn’t change in the negotiation. Continuing with the planning 15 director letter so the Phase IIA acreage inadequacy was recognized as early as June of 2001 and I am showing 16 here is the plat for Phase IIA. It is evidence as Attachment D, Book 88, page 80 and it does indeed say on the 17 plat 7.0688 of active recreation area but going back to the letter from the planning director, “Our discussions 18 included reference to the Phase IIA plat that contains written language showing 7.06 acres of active recreation 19 area where the clubhouse, tennis and basketball courts are located however, much of this 7.06 acre active 20 recreation area was never put on the ground, furthermore, concurrent with the Phase IIA plat recordation, Jim 21 Moore, principal of Churton Grove LLC brought in sketches for Phase IV that were shown to Robert Davis and 22 me. These future Phase IV sketches included three to four acres of open areas for soccer or multi-purpose field. 23 Each soccer or multi-purpose field is typically 1.5 to two acres. Planning staff did not require that all the 24 recreational area called in Condition 27 be included in Phase IIA because the original developer evidenced his 25 intent to provide sufficient open areas in conjunction with the development of Phase IV. So this is an example of 26 that promise over time that I talked about. The original developer was going to do some stuff in Phase II shown 27 here and for whatever reason they decided, no we are going to shift some of that Phase IV, the county says okay 28 we can do that that is fine. We see on your concept plan, you are going to provide there to four acres of open 29 areas for soccer and multi-purpose fields. 30 31 Unidentified Board Member: I’m like Larry; you are taking a lot of these correspondences out of context. We 32 have sat here and watched over a five year period letters that were written … the bottom line is what is on the 33 ground today so you do disagree with Mr. Gledhill’s math where he came up with 17 acres of active open space; 34 do you disagree with that total? 35 36 Michael Buck: That total comes from the plats and I agree that … 37 38 Mark Micol: So how is this relevant, all these letters, correspondence. If what is on the ground today is 17 acres, 39 then are you arguing quality or quantity? 40 41 Michael Buck: I am arguing that the quality of the acreage provided doesn’t meet the quantity requirements so 42 their 17 acres according to plat what is called active recreation but if it called active recreation in the plat, it is not 43 active recreation according to ordinance. 44 45 Larry Wright: Can I ask our attorney, is this within our jurisdiction? 46 47