Public Hearing

Modifications to the Gated Community Ordinance

Board of County Commissioners

Presented by theOrange County Public Works Department

February 24, 2009

•Overview

•Existing Ordinance

•Proposed Changes

•Requested Action

Presentation Outline

•Overview

•Existing Ordinance

•Proposed Changes

•Requested Action

Presentation Outline

Definition of Gated Community• Subdivision with privately owned and

maintained infrastructure

Overview

• 1970-1980 Gated communities sporadically

approved

• 1996 Gated Community Resolution #96-M-

22

• 2000 Incorporation of Resolution #96-M-22 requirements into Subdivision Regulations

• 2002 Gated Community Ordinance

Revisions

• 2004 Hurricanes • 2005 BCC directs staff to require justification for Gated Community requests

History

Overview

• 2007-2008 BCC Worksessions

• 2008 Develop modifications to Ordinance – Drafted by Staff and reviewed by the Development Advisory Board

• 2008 LPA Worksession

• 2009 LPA Consistency Public Hearing – LPA found Ordinance consistent with

the Comprehensive Policy Plan and recommended changes

History

Overview

• Urban Form & Interconnectivity

• Stormwater & Debris

• Financial Viability

Issues

Overview

Urban Form & Interconnectivity• Traditional Neighborhood Development• Transit–Oriented Neighborhoods• Comprehensive Policy Plan

Overview

Orange County Comprehensive Policy Plan - Transportation 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.

Overview

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. “

Overview

Stormwater & Debris

• The County will not repair

or maintain stormwater

systems in a Gated

Community

• Generally, Orange County

cannot remove debris

from private property

Overview

Financial Viability

• Gated Communities are responsible for the

infrastructure

• HOA either provides own or outside

expertise

• Impacted by: Number of Lots

Expertise of Management Company

Expertise of Board of Directors

Adequate Financing of Maintenance And Reserve

Funds

Overview

•Overview

•Existing Ordinance

•Proposed Changes

•Requested Action

Presentation Outline

Generally:

• Gated Communities are a privilege, not

a right, of developer and property

owners

• Substantial 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 access

• Must execute Traffic Law Enforcement Agreement

Existing Ordinance

Declaration Requirements

•Turnover control of HOA to homeowners between 70% and 90% Certificates of Occupancy (COs) issued

•Turnover infrastructure to HOA between 70% and 90% COs issued

•Developer pays for maintenance of infrastructure prior to turnover

•Developer 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 engineer’s report

• Requires 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 HOA

• Requires 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

•Overview

•Existing Ordinance

•Proposed Changes

•Requested Action

Presentation Outline

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 impossible

Parcel is surrounded by existing development (i.e., other gated communities) making interconnectivity impossible to achieve

Proposed Changes

Amendments Continued

• Gated Communities prohibited:

In areas designated for new urbanism and transit-oriented development

• Horizon West

• Innovation Way

• Avalon Park

Where private and public stormwater would commingle

Proposed Changes

Amendments Continued

• Disclosure Statement: Required on all sales within gated

community

Storm debris added

• Financial Requirements: Storm debris removal account required

Requires developer to fund five required accounts in amount equal to one year of assessments for each account

Proposed Changes

Reviewed By Development Advisory Board

• Most recommendations incorporated into the amendments

• Recommendations not incorporated

Delete prohibitions on Gated Communities in specific areas of the County

Keep Disclosure Statement limited to initial purchaser (as it is currently), instead of required for all purchasers

Proposed Changes

Reviewed By Local Planning Agency

• Most recommendations incorporated into the amendments

• Recommendations not incorporated

Change the word “impracticable” to “impossible” in Sections 34-280(a)(1)-(3)

• Found the ordinance consistent with the Comprehensive Policy Plan

Proposed Changes

•Overview

•Existing Ordinance

•Proposed Changes

•Requested Action

Presentation Outline

Requested Action

• Determine that the proposed Ordinance will not have a substantial impact on the development of real property within Orange County

• Adopt the Ordinance

Public Hearing

Modifications to the Gated Community Ordinance

Board of County Commissioners

Presented by theOrange County Public Works Department

February 24, 2009

Sec. 2-306 Waiver of procedures, formalities otherwise required

• Upon declaration of a state of local emergency, the director of emergency management has the power and authority to waive the procedures and formalities otherwise required of the county by law or ordinance pertaining to:

Ordinance Authorization

• Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community

• Entering into contracts

• Incurring obligations

• Employment of permanent and temporary workers

Ordinance Authorization

• Utilization of volunteer workers

• Rental of equipment

• Acquisition and distribution, with or without compensation, of supplies, materials and facilities

• Appropriation and expenditure of public funds

Ordinance Authorization