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Gated Communities Worksession

Gated Communities Worksession. Board of County Commissioners October 30, 2007. SCOPE. Discussion of New Gated Communities Discussion does not address: Faux Gates Conversion of Existing Public Subdivisions. PRESENTATION OUTLINE. Overview Legal Issues Infrastructure Issues

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Gated Communities Worksession

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  1. Gated Communities Worksession Board of County Commissioners October 30, 2007

  2. SCOPE • Discussion of New Gated Communities • Discussion does not address: • Faux Gates • Conversion of Existing Public Subdivisions

  3. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

  4. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

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

  6. History OVERVIEW 1970-1980 - Gated Communities sporadically approved 1996 - Gated Community Resolution #96-M-22 2000 - Incorporation of Gated Community 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

  7. OVERVIEW History Gated Communities approved since 2005: Foothills of Mount Dora/Stoneybrook Hills Eagle Creek Isles of Lake Hancock Keene’s Point Waterstone

  8. Overview Number of Gated Communities 244 Existing Gated Community Plats 141 Existing Gated Communities Governed by a Separate Mandatory HOA

  9. OVERVIEW Orange County Gated Community Locations

  10. OVERVIEW Interconnectivity • Comprehensive Policy Plan • Pedestrian/School Buses • Existing Subdivision Regulations

  11. 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.

  12. OVERVIEW Pedestrian/School Buses • Entrance to each gatedcommunity ison a case-by-casebasis

  13. 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. 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. OVERVIEW Horizon West Map

  15. OVERVIEW Horizon West Policy Village Code, Section 38-3182(g)(3) The adopted SAP shall provide for a circulation pattern of fully connected and integrated streets, bicycle and pedestrian facilities to reinforce the sense of community as required by the village classification policies. However, gated streets may be permitted only on the periphery of the village, or within developments which are substantially isolated by conservation areas and/or natural water bodies or the location of such does not interfere with the movement of traffic from other developments to the neighborhood center, village center, schools or access and arterial roads serving the village. Such gated streets may restrict vehicular movement only.

  16. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

  17. LEGAL ISSUES • Applicable State Law • Existing Ordinance • Federal Regulations

  18. LEGAL ISSUES Applicable State Law • Florida Constitution: Article VII, Section 10 of the Florida Constitution prohibits using public funds for private purposes • Florida Statutes: Section 316.006(3)(b), Florida Statutes, provides that County may exercise traffic control jurisdiction over private roads with agreement between County and HOA that includes reimbursement for cost of traffic law enforcement • Florida Case Law: No applicable case law

  19. LEGAL ISSUES Existing Ordinance Generally: • Gated Communities are a privilege, not a right, of developer and property owners • Must meet minimum standards of subdivision regulations • Substantial compliance with Gated Community Ordinance required to give contract right to develop gated community and HOA right to keep subdivision as gated community

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

  21. LEGAL ISSUES Existing Ordinance Declaration Requirements • Turn over control of HOA to homeowners between 70% and 90% Certificates of Occupancy (COs) issued • Turn over 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

  22. LEGAL ISSUES 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

  23. LEGAL ISSUES 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

  24. LEGAL ISSUES 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

  25. LEGAL ISSUES Federal Regulations • “No assistance will be provided to an individual or private organization or to an eligible applicant [such as a local government] for reimbursement of an individual or private organization…” 44 C.F.R. Sec. 206.224 (c). • FEMA (Federal Emergency Management Agency) policy is no reimbursement for storm debris removal from private property

  26. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

  27. INFRASTRUCTURE ISSUES • Roads and Drainage • Reporting Requirements • Ability to Pay forMaintenanceand Repairs • Combined DrainageFacilities

  28. INFRASTRUCTURE ISSUES Roads and Drainage – Public Subdivisions • Routine Maintenance and Repairs by County • Major Maintenance and Repairs:Pond Cleaning, Drainage Pipe/Culvert Repairs, Resurfacing can be Performed by OperatingBudget or CIP • Emergency Response: Debris Removal andFlooding

  29. INFRASTRUCTURE ISSUES Roads and Drainage – Gated Communities • Expenditure Restriction Limits County Responses to Infrastructure Problems • The County cannot repair or maintain the following in a Gated Community: • Roadways • Drainage Pipes and Culverts • Retention Ponds • Inlets and Structures • Traffic Signs • Sidewalks

  30. INFRASTRUCTURE ISSUES Ability to Pay for Maintenance and Repairs: Gated Community HOA Must Depend on Their Own Expertise or Pay for That of Others Limited By: • Number of Lots • Expertise of Management Company • Expertise of Board of Directors • Adequate Financing of Maintenance And Reserve Funds

  31. INFRASTRUCTURE ISSUES 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 Homeowners

  32. INFRASTRUCTURE ISSUES 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

  33. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

  34. RECOMMENDATION Recommended Requirements for Approving Gated Communities: • Separate Retention Systems • New Debris Condition • Interconnectivity/Horizon West

  35. PRESENTATION OUTLINE • Overview • Legal Issues • Infrastructure Issues • Recommendations • Requested Action

  36. Direct staff to continue bringing only those Gated Communities with justification to BCC REQUESTED ACTION Requested Action; Board Direction or • Direct staff to resume bringing all Gated Communities to BCC

  37. RECOMMENDATION Further Board Direction: • Revise Ordinance • Process Previously Denied Projects Upon Request

  38. Gated Communities Worksession Board of County Commissioners October 30, 2007

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