Agenda - 10-16-2012 - 5a - Laserfiche WebLink

Browse Search

13 1 Joe Lyle: On Friday one of the consultants, Michelle Kimpenski, spoke with Jeff Masten with 2 the Triangle Land Conservancy. There was a question about trail access through this property. 3 This is the statement that was made, if they certainly prefer one point of an access into the 4 Triangle Land Conservancy property, so that they can not only control that point of access but 5 also control the hours of when that access is, and if there was a second point of access, they 6 would listen to that opportunity, but they don't prefer that opportunity. 7 Commissioner Jacobs: So, it's the situation that the Attorney mentioned before, if you could 8 get that in writing. 9 Michael Harvey: The TLC property is this property right here (pointed out on the map). 10 Commissioner Jacobs: I also had a question about the 25-foot access easement. This is 11 between 16 and 18, and that's specifically to allow members of the community to get to the 12 open space areas, is that why it's there? 13 Michael Harvey: Correct, yes sir. 14 Commissioner Jacobs: And the homeowner's association is supposed to maintain that, is that 15 correct? 16 Michael Harvey: The homeowner's association will be maintaining it. That information that 17 was not provided will have to be provided. Unfortunately, the previous engineer with Summit, 18 who was working on this project, is no longer part of the company so there has been some 19 information lost in the transition. 20 Commissioner Jacobs: Let me go back to a question that Commissioner Pelissier had. I'm 21 very uncomfortable with the homeowner's association agreement that's been provided that 22 doesn't specifically respond to this development. Let me give you two specifics. We've had 23 these issues before with homeowner's association agreements. One is on page 102 at the 24 bottom, Waste. It sounds to me that you can't have a compost bin on your property, based on 25 this scripture. On page 103, #13, Landscaping, it sounds like you have to put in sod. We are, 26 believe it or not, in a period where the climate is changing, and we don't have as much water 27 and there are some grasses that are actually more drought resistant than others. I would hate 28 to see us require people to put in grasses that are not drought resistant. We need to 29 understand that the developer may be phased out of the decision-making process. So, what's 30 in these documents......and we have seen in the legislature that one of the big issues in 31 homeowner's associations is that people can be pretty intolerant of difference. I just don't want 32 to keep bringing that into Orange County neighborhoods at the same time that we're trying to 33 promote certain kinds of energy conservation and natural resource preservation. 34 Michael Harvey: Commissioner Jacobs, can I just interject and say that Article 6 of our Unified 35 Development Ordinance, the land use buffer, the street and interior lot landscaping, existing 36 regulations require the installation of drought-resistant indigenous foliage and grass. Individual 37 lot owners would be addressing this requirement with the builder in terms of the installation of 38 required foliage. There needs to be some modifications to this document to make it specific as 39 it has been submitted but will remind all here the ordinance does not require the submission of 40 the documents in the first place. I believe the applicant wanted to provide the Board with a feel 41 for the types of local development limitations they typically impose on their projects.