Public Hearing Modifications to the Gated Community Ordinance

Public Hearing Modifications to the Gated Community Ordinance Board of County Commissioners Presented by the Orange County Public Works Department February 24, 2009

Presentation Outline Overview Existing Ordinance Proposed Changes Requested Action

Overview Definition of Gated Community • Subdivision with privately owned and maintained infrastructure

Overview History 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

Overview History 2007-2008 BCC Worksessions 2008Develop 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

Overview Issues Urban Form & Interconnectivity Stormwater & Debris Financial Viability

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 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. “

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

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

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

Proposed Changes 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

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 the Orange County Public Works Department February 24, 2009

Ordinance Authorization 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

Public Hearing Modifications to the Gated Community Ordinance