Agenda - 02-02-2016 - 6-a - Minutes

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22 1 2 Commissioner Jacobs asked if there is a party responsible for taking care of the 3 sidewalks along the public right of way. 4 Patrick Mallett said most of the sidewalks are outside of the public right of way, and the 5 residents or Home Owner's Association (HOA) would take care of the sidewalks, as well as the 6 gazebo, and any other areas along the right of way. 7 Commissioner Jacobs said it is nice to know who is responsible for these types of things. 8 Patrick Mallett said the Applicant has worked with Duke Forest to make sure that other 9 trails were not needed. 10 Commissioner Jacobs asked if this is considered a rural area. 11 Patrick Mallett said somewhere between rural and urban, and it is zoned rural-buffer. 12 Commissioner Jacobs referred to an issue that arose during the neighborhood meeting 13 where residents expressed concern regarding the amount of increase of cars. He said this 14 impact could be very different for a rural community versus an urban one. He said it would be 15 nice to be able to apply metrics to situations like these, and hopes Planning is working on this 16 issue. 17 Commissioner Price asked if the water feature is a pond. 18 Patrick Mallett said the Applicant wants to use it as an amenity, but has yet to define it. 19 Commissioner Pelissier referred to the protection of existing trees, and asked if there is 20 way this is communicated to the homeowners. 21 Patrick Mallett said there is a commitment to do this in the primary areas, which are 22 jurisdictional streams; wetlands, that may or may not be jurisdictional streams that would require 23 additional permitting; and the perimeter buffer along the edges. He said the Applicant 24 anticipates having to do storm water and erosion control for the roads. He said the Applicant 25 has an established track record of limiting the amount of disturbance for the single-family lots. 26 Commissioner Pelissier said she is asking about when an individual home is purchased, 27 how does the homeowner know the boundaries of where it is permissible to cut trees. 28 Patrick Mallett said the lot is surveyed and recorded and the rest would be controlled by 29 the HOA. 30 Michael Harvey, Orange County Current Planning Supervisor, said when one buys a lot, 31 part of due diligence review is reviewing the covenants, the deed restrictions and the play, 32 which includes areas that need to be left undisturbed. He said once this plat gets recorded the 33 zoning regulations will be more clear. 34 Commissioner Pelissier said the HOA is responsible for preserving open space. 35 Michael Harvey said yes. 36 Tom Heavner, the Applicant, said his experience in previous sub-divisions is that at point 37 of sale, the homeowner is aware of these limitations. He said the HOA assumes the 38 responsibilities for making sure of this and enforcing it. He said this is an urbanizing area 39 though zoned rural buffer, noting it is within two miles from Wal-Mart. He said these sub- 40 divisions like streetlights and sidewalks, and he works with the appropriate partners to install 41 these amenities in non-traditional ways. 42 Commissioner Rich said residents in her neighborhood have gone into open spaces, 43 disrupting them. She said this does not typically happen with the original homeowners, but 44 rather when properties are sold. 45 Commissioner Rich referred to the payments in lieu, and asked Michael Harvey if he 46 could explain how the amount of funding that goes towards the parks is determined. 47 Michael Harvey said Orange County is broken into several independent park districts. 48 He said this parcel of property is located in a district that is a regional park and must pay $455 in 49 accordance with the standards of the Unified Development Ordinance (UDO). He said monies 50 from Henderson Woods will only go to a regional park in this area. He said whether the money