Public Hearing Modifications to the Gated Community Ordinance

1
Public Hearing Modifications to the Gated
Community Ordinance

• Board of County Commissioners

Presented by the Orange County Public Works
Department February 24, 2009
2
Presentation Outline

• Overview
• Existing Ordinance
• Proposed Changes
• Requested Action

3
Presentation Outline

• Overview
• Existing Ordinance
• Proposed Changes
• Requested Action

4
Overview

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

5
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

6
Overview
History

• 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

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Overview
Issues

• Urban Form Interconnectivity
• Stormwater Debris
• Financial Viability

8
Overview

• Urban Form Interconnectivity
• Traditional Neighborhood Development
• TransitOriented Neighborhoods
• Comprehensive Policy Plan

9
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.

10
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.
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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

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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

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Presentation Outline

• Overview
• Existing Ordinance
• Proposed Changes
• Requested Action

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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

15
Existing Ordinance

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

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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

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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 report
• Requires disclosure to initial buyer of estimated
  assessments for required HOA accounts

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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

19
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

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Presentation Outline

• Overview
• Existing Ordinance
• Proposed Changes
• Requested Action

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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

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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

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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

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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

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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

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Presentation Outline

• Overview
• Existing Ordinance
• Proposed Changes
• Requested Action

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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

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Public Hearing Modifications to the Gated
Community Ordinance

• Board of County Commissioners

Presented by the Orange County Public Works
Department February 24, 2009
29
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

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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

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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