Gated Communities Worksession Board of County Commissioners October 30, 2007

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

Overview Legal Issues Infrastructure Issues Recommendations Requested Action PRESENTATION OUTLINE

Overview Legal Issues Infrastructure Issues Recommendations Requested Action PRESENTATION OUTLINE

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

Gated Communities sporadically approved Gated Community Resolution #96-M Incorporation of Gated Community requirements into Subdivision Regulations Gated Community Ordinance Revisions Hurricanes BCC directs staff not to process requests for Gated Communities without a justification History OVERVIEW

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

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

Orange County Gated Community Locations OVERVIEW

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

Orange County Comprehensive Policy Plan Transportation Element Policy 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

Pedestrian/School Buses Entrance to each gated community is on a case-by-case basis OVERVIEW

Existing Subdivision Regulations Sec 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. OVERVIEW

Horizon West Map OVERVIEW

Horizon West Policy Village Code, Section (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. OVERVIEW

PRESENTATION OUTLINE Overview Legal Issues Infrastructure Issues Recommendations Requested Action

Applicable State Law Existing Ordinance Federal Regulations 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 (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 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 LEGAL ISSUES

Existing Ordinance Requirements Must provide for fire/rescue, sheriff, utilities access Must execute Traffic Law Enforcement Agreement 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 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 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 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 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 (c). FEMA (Federal Emergency Management Agency) policy is no reimbursement for storm debris removal from private property LEGAL ISSUES

PRESENTATION OUTLINE Overview Legal Issues Infrastructure Issues Recommendations Requested Action

INFRASTRUCTURE ISSUES Roads and Drainage Reporting Requirements Ability to Pay for Maintenance and Repairs Combined Drainage Facilities

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 Operating Budget or CIP Emergency Response: Debris Removal and Flooding 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 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 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 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 INFRASTRUCTURE ISSUES

PRESENTATION OUTLINE Overview Legal Issues Infrastructure Issues Recommendations Requested Action

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

PRESENTATION OUTLINE Overview Legal Issues Infrastructure Issues Recommendations Requested Action

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

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

Gated Communities Worksession Board of County Commissioners October 30, 2007