Proposed Modifications to the Gated Community Ordinance

1. Proposed Modifications to the Gated Community Ordinance Board of County Commissioners April 29, 2008

2. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance Changes • Next Steps

3. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance Changes • Next Steps

4. OVERVIEW Definition of Gated Community • Subdivision with privately owned and maintained infrastructure

5. History OVERVIEW 1970-1980 - Gated communities sporadically approved 1996 - Gated Community Resolution #96-M-22 2000 - Incorporation of Gated Community Resolution requirements 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 worksession

6. Overview Number of Gated Communities 246 Existing Gated Community Plats 143 Existing Gated Communities Governed by a Separate Mandatory HOA

7. OVERVIEW Orange County Gated Community Locations

8. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance • Next Steps

9. ISSUES • Urban Form • Interconnectivity • Stormwater • Debris • Financial Viability

10. ISSUES Urban Form • Traditional Neighborhood Development • New Urbanism • Transit–Oriented Neighborhoods

11. ISSUES Interconnectivity • Comprehensive Policy Plan • Existing Subdivision Regulations

12. ISSUES 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.

13. ISSUES Existing Subdivision Regulations Sec. 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.

14. ISSUES Stormwater – Public Subdivisions • Routine Maintenance and Repairs by County • Major Maintenance and Repairs by County: Pond Cleaning and Pipe/Culvert Repairs

15. ISSUES Stormwater – Gated Communities • The County cannot repair or maintain thefollowing in a Gated Community: • Drainage Pipes and Culverts • Retention Ponds • Inlets and Structures

16. ISSUES Stormwater - Combined Drainage Facilities • Joint Use of Public And Private Stormwater Management Systems • Found in Planned Developments and Partnership Arrangements • Use of Same Conveyance Pipes and Retention Ponds • Issues with Maintenance Responsibilities • Maintenance Cost Allocation • Separate Systems May Result in Increased Area for Stormwater System/Decreased Density

17. ISSUES Debris – Gated Communities • Generally, Orange County cannot remove debris from private property • Other Counties allow for exceptions • FEMA

18. ISSUES 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

19. ISSUES Financial Viability – Reporting Requirements Gated Community Ordinance Requires an Engineering Report Every 3 Years • Prior to turnover 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 Homeowners

20. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance Changes • Next Steps

21. Existing Ordinance 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

22. Existing Ordinance Requirements • Must provide for fire/rescue, sheriff, utilities access • Must execute Traffic Law Enforcement Agreement

23. 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

24. 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

25. 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

26. 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

27. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance Changes • Next Steps

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

29. Proposed Ordinance Changes Proposed 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

30. Proposed Ordinance Changes Proposed Amendments Continued • Traffic Law Enforcement Agreement requirement may need to be modified • County requires $1 million General Liability Policy naming County and Sheriff as additional insureds • HOA insurance required by Traffic Law Enforcement Agreement difficult to obtain • Risk Management does not recommend County entering Traffic Law Enforcement Agreement without insurance requirement • Without agreement, Sheriff will be unable to enforce traffic laws in Gated Communities

31. Proposed Ordinance Changes Proposed 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

32. PRESENTATION OUTLINE • Overview • Issues • Existing Ordinance • Proposed Ordinance Changes • Next Steps

33. Next Steps • Development Advisory Board : May/June • Local Planning Agency: June/July • BCC Public Hearing: August/September

34. Proposed Modifications to the Gated Community Ordinance Board of County Commissioners April 29, 2008