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

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23 1 is sufficient is a question to refer to the Department of Environment, Agriculture, Parks and 2 Recreation (DEAPR). 3 Commissioner Rich asked if this process is reviewed with any consistency. 4 Michael Harvey said there is a new Parks Master Plan, and a review will be conducted 5 over the next several months. 6 Commissioner Price asked if there is a plan in place if heavy rain falls, and the pond 7 begins to flood, blocking the only entrance to the subdivision. 8 Michael Harvey said it is not uncontrolled but it is on the property that the HOA owns, 9 and he said they are responsible for insuring that the pond does not breech and create a 10 flooding problem. He said the Applicant will go through extensive permitting processes. 11 Phil Koch, Earth Centric Engineering, referred to the illustrative drawing and the center 12 of the pond, which is the low point and where the pond discharges. He also noted aspects of 13 the topography, and that the pond needs to be dredged. He said the pond will have to meet 14 both local and state requirements. 15 Craig Benedict, Orange County Planning Director, said next year's budget will propose 16 some monies for the payment in lieu dedication study, based on the new Parks Master Plan. 17 Commissioner Jacobs asked John Roberts if there is a reason that the HOA agreement 18 is not viewed prior to approval, given how much relies on the actions of the HOA. 19 John Roberts said HOAs are required to submit agreements, and he does look at them. 20 He said these documents are not specifically reviewed for anything in particular, and the HOA is 21 bound to the County; but the actual homeowners are governed by the HOA agreement. 22 Commissioner Jacobs said when an HOA is purported to cover a particular concern he 23 would like to review the document to insure that it is in fact doing so. 24 John Roberts said a declaration of restrictions will be filed, that is not specifically the 25 HOA restrictions. He said this declaration should say the same thing as the resolution that is 26 passed. 27 Commissioner Jacobs said questions have arisen before when an HOA prohibited 28 clotheslines, with which the BOCC disagreed due to the environmental benefits. He said the 29 BOCC would never know about such a prohibition, without viewing the HOA agreement. 30 John Roberts said that is not within the County's purview to make such requirements in 31 an HOA's document. 32 Tom Heavner proposed sending the HOA documents to the County for review, and if 33 there were any desired changes he would address them. 34 Commissioner Jacobs said he would like to ask all developers to voluntarily submit the 35 HOA documents for the Board's review. 36 John Roberts said it would be acceptable to make such a request. 37 Commissioner Rich asked if the Applicant had any plan to address affordable housing 38 needs, and the County's social justice goals, given the large floor plans contained in Henderson 39 Woods. 40 Tom Heavner said the lots would be expensive. He said the goals of affordable housing 41 and the rural buffer are in conflict. He said the rural buffer has density limits, and to truly 42 achieve affordable housing, greater density must be available. He said this project will use 43 private water and sewer systems, which are also problematic for affordable housing. He said it 44 is a problem, and that there is nothing affordable about this subdivision. He said he is open to 45 working with the County to find an equitable way for developers to address affordable housing 46 needs. He said he favors payments in lieu over requiring a certain percentage of a 47 development to be affordable housing. He finds that the Community Land Trust and Habitat for 48 Humanity are far better equipped at creating affordable housing and, as such, makes a donation 49 to these programs each time he builds a development. 50 Commissioner Rich acknowledged his voluntary giving, but noted that not all developers 51 are as generous. She asked if there something that can be done in the rural buffer area to