Minutes 12-07-2015 - Laserfiche WebLink

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Commissioner Rich referred to the payments in lieu, and asked Michael Harvey if he could explain how the amount of funding that goes towards the parks is determined. Michael Harvey said Orange County is broken into several independent park districts. He said this parcel of property is located in a district that is a regional park and must pay $455 in accordance with the standards of the Unified Development Ordinance (UDO). He said monies from Henderson Woods will only go to a regional park in this area. He said whether the money is sufficient is a question to refer to the Department of Environment, Agriculture, Parks and Recreation (DEAPR). Commissioner Rich asked if this process is reviewed with any consistency. Michael Harvey said there is a new Parks Master Plan, and a review will be conducted over the next several months. Commissioner Price asked if there is a plan in place if heavy rain falls, and the pond begins to flood, blocking the only entrance to the subdivision. Michael Harvey said it is not uncontrolled but it is on the property that the HOA owns, and he said they are responsible for insuring that the pond does not breech and create a flooding problem. He said the Applicant will go through extensive permitting processes. Phil Koch, Earth Centric Engineering, referred to the illustrative drawing and the center of the pond, which is the low point and where the pond discharges. He also noted aspects of the topography, and that the pond needs to be dredged. He said the pond will have to meet both local and state requirements. Craig Benedict, Orange County Planning Director, said next year's budget will propose some monies for the payment in lieu dedication study, based on the new Parks Master Plan. Commissioner Jacobs asked John Roberts if there is a reason that the HOA agreement is not viewed prior to approval, given how much relies on the actions of the HOA. John Roberts said HOAs are required to submit agreements, and he does look at them. He said these documents are not specifically reviewed for anything in particular, and the HOA is bound to the County; but the actual homeowners are governed by the HOA agreement. Commissioner Jacobs said when an HOA is purported to cover a particular concern he would like to review the document to insure that it is in fact doing so. John Roberts said a declaration of restrictions will be filed, that is not specifically the HOA restrictions. He said this declaration should say the same thing as the resolution that is passed. Commissioner Jacobs said questions have arisen before when an HOA prohibited clotheslines, with which the BOCC disagreed due to the environmental benefits. He said the BOCC would never know about such a prohibition, without viewing the HOA agreement. John Roberts said that is not within the County's purview to make such requirements in an HOA's document. Tom Heavner proposed sending the HOA documents to the County for review, and if there were any desired changes he would address them. Commissioner Jacobs said he would like to ask all developers to voluntarily submit the HOA documents for the Board's review. John Roberts said it would be acceptable to make such a request. Commissioner Rich asked if the Applicant had any plan to address affordable housing needs, and the County's social justice goals, given the large floor plans contained in Henderson Woods. Tom Heavner said the lots would be expensive. He said the goals of affordable housing and the rural buffer are in conflict. He said the rural buffer has density limits, and to truly achieve affordable housing, greater density must be available. He said this project will use private water and sewer systems, which are also problematic for affordable housing. He said it is a problem, and that there is nothing affordable about this subdivision. He said he is open to working with the County to find an equitable way for developers to address affordable housing