Proposed Modifications to the Gated Community Ordinance Board of County CommissionersApril 8, 2008

OverviewIssuesExisting OrdinanceProposed Ordinance ChangesNext Steps

PRESENTATION OUTLINE

OverviewIssuesExisting OrdinanceProposed Ordinance ChangesNext Steps

PRESENTATION OUTLINE

Definition of Gated CommunitySubdivision with privately owned and maintained infrastructure

OVERVIEW

1970-1980- Gated communities sporadically approved 1996 - Gated Community Resolution #96-M-22 2000 - Incorporation of Gated Community Resolutionrequirements into Subdivision Regulations 2002 -Gated Community Ordinance Revisions 2004 -Hurricanes 2005 -BCC directs staff not to process requests for Gated Communities without a justification 2007- BCC worksessionHistoryOVERVIEW

OverviewNumber of Gated Communities

246 Existing Gated Community Plats143 Existing Gated Communities Governed by a Separate Mandatory HOA

Orange County Gated Community LocationsOVERVIEW

PRESENTATION OUTLINEOverviewIssuesExisting OrdinanceProposed OrdinanceNext Steps

InterconnectivityStormwaterDebrisUrban FormFinancial Viability

ISSUES

InterconnectivityComprehensive Policy PlanExisting Subdivision Regulations

ISSUES

Orange County Comprehensive Policy PlanTransportation Element

Policy 2.1.1.4 - Orange County shall require the local street network to be designed to promote interconnectivity and to allow access between neighborhoods. Proposed gated communities and private streets will be evaluated on a case by case basis for appropriateness. ISSUES

Existing Subdivision RegulationsSec. 34-173. Continuation of existing street pattern.The proposed street layout shall be coordinated with the street system of the surrounding area. Streets in the proposed subdivision shall be connected to dedicated streets in adjacent areas where required to provide for proper traffic circulation. Street stubs to contiguous platted but unbuilt streets shall be provided when required to give access to such areas or to provide for proper future traffic circulation. Street stubs in excess of two hundred fifty (250) feet which provide lot access shall be provided with a temporary cul-de-sac turn around. The subdivision developer of the contiguous area shall pay the cost of restoring the street to its original design cross-section and extending the street.ISSUES

ISSUESStormwater Public SubdivisionsRoutine maintenance and Repairs by CountyMajor Maintenance and Repairs by County: Pond Cleaning and Pipe/Culvert Repairs

Stormwater Gated CommunitiesThe County cannot repair or maintain the following in a Gated Community:

Drainage Pipes and Culverts Retention Ponds Inlets and Structures

ISSUES

Stormwater - Combined Drainage FacilitiesJoint Use of Public And Private Stormwater Management SystemsFound in Planned Developments and Partnership ArrangementsUse of Same Conveyance Pipes and Retention PondsIssues with Maintenance ResponsibilitiesMaintenance Cost AllocationSeparate Systems May Result in Increased Area for Stormwater System/Decreased DensityISSUES

Urban Form

Traditional Neighborhood Development New Urbanism TransitOriented Neighborhoods

ISSUES

Debris Public SubdivisionsEmergency Response by Orange County: Debris RemovalISSUES

Debris Gated CommunitiesCounty cannot remove debris from private propertyISSUES

Financial Viability

Gated Community HOA Must Depend on Their Own Expertise or Pay for That of Others

Limited By:Number of LotsExpertise of Management CompanyExpertise of Board of DirectorsAdequate Financing of Maintenance And Reserve Funds

ISSUES

Financial Viability Reporting Requirements Gated Community Ordinance Requires an Engineering Report Every 3 Years Prior to turn over to the HOA an Engineering Report is Submitted to the County After infrastructure is turned over to the HOA After 2002 Revision, 3-year Engineering Report submitted to Homeowners only Financial Reports submitted to HomeownersISSUES

PRESENTATION OUTLINEOverviewIssuesExisting OrdinanceProposed Ordinance Changes Next Steps

Generally:Gated Communities are a privilege, not a right, of developer and property ownersSubstantial compliance with Gated Community Ordinance required to give contract right to develop gated community and HOA right to keep subdivision as gated community

Existing Ordinance

Requirements

Must provide for fire/rescue, sheriff, utilities accessMust execute Traffic Law Enforcement Agreement

Existing Ordinance

Declaration Requirements

Turn over control of HOA to homeowners between 70% and 90% Certificates of Occupancy (COs) issuedTurn over infrastructure to HOA between 70% and 90% COs issuedDeveloper pays for maintenance of infrastructure prior to turnoverDeveloper must hire engineer to inspect infrastructure prior to turnover and make necessary repairs

Existing Ordinance

Declaration Requirements Continued Requires HOA to hire engineer to inspect infrastructure and report every three years (report goes to each homeowner)Requires HOA to make repairs identified in engineers reportRequires disclosure to initial buyer of estimated assessments for required HOA accounts

Existing Ordinance

Declaration Requirements Continued

Gives HOA right to enforce Gated Community Ordinance and Declaration requirements against Developer and/or HOARequires disclosure statement regarding gated community requirements and information to initial purchaser

Existing Ordinance

Declaration Requirements Continued

Required accounts Routine-infrastructure maintenance account Capital-repair/streets account Capital-repair/drainage pond account Capital-repair/other infrastructure account Requires annual financial statement to be submitted to each homeowner

Existing Ordinance

PRESENTATION OUTLINEOverviewIssuesExisting OrdinanceProposed Ordinance Changes Next Steps

Proposed Amendments

Recognize Gated Communities do not promote interconnectivity Gated Communities may be appropriate where:Parcel is physically isolated or separated by water, wetlands, limited access highways, other physical barriers making interconnectivity impossibleParcel is surrounded by existing development (i.e., other gated communities) making interconnectivity impossible to achieve

Proposed Ordinance Changes

Proposed Amendments Continued

Gated Communities prohibited:In areas designated for traditional neighborhood development (Horizon West)In areas designated for new urbanismIn areas designated for transit-oriented developmentWhere private and public stormwater would commingle

Proposed Ordinance Changes

Proposed Amendments Continued

Traffic Law Enforcement Agreement requirement deletedCounty requires $1 million General Liability Policy naming County and Sheriff as additional insuredsHOA insurance required by Traffic Law Enforcement Agreement not availableRisk Management does not recommend County entering Traffic Law Enforcement Agreement without insurance requirementSheriff will be unable to enforce traffic laws in Gated Communities

Proposed Ordinance Changes

Proposed Amendments Continued

Disclosure Statement:Required on all sales within gated communityStorm debris added Financial Requirements:Storm debris removal account requiredRequires developer to fund five required accounts in amount equal to one year of assessments for each account

Proposed Ordinance Changes

PRESENTATION OUTLINEOverviewIssuesExisting OrdinanceProposed Ordinance ChangesNext Steps

Development Advisory Board : April/MayLocal Planning Agency: May/JuneBCC Public Hearing: July/August

Next Steps

Proposed Modifications to the Gated Community Ordinance Board of County CommissionersApril 8, 2008

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