Proposed Modifications to the Gated Community Ordinance Board of County Commissioners April 8, 2008

Overview Issues Existing Ordinance Proposed Ordinance Changes Next Steps PRESENTATION OUTLINE

Overview Issues Existing Ordinance Proposed Ordinance Changes Next Steps 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 Resolution requirements into Subdivision Regulations Gated Community Ordinance Revisions Hurricanes BCC directs staff not to process requests for Gated Communities without a justification BCC worksession History OVERVIEW

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

Orange County Gated Community Locations OVERVIEW

PRESENTATION OUTLINE Overview Issues Existing Ordinance Proposed Ordinance Next Steps

Interconnectivity Stormwater Debris Urban Form Financial Viability ISSUES

Interconnectivity Comprehensive Policy Plan Existing Subdivision Regulations ISSUES

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. ISSUES

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. ISSUES

Stormwater – Public Subdivisions Routine maintenance and Repairs by County Major Maintenance and Repairs by County: Pond Cleaning and Pipe/Culvert Repairs

Stormwater – Gated Communities The County cannot repair or maintain the following in a Gated Community: Drainage Pipes and Culverts Retention Ponds Inlets and Structures 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 ISSUES

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

Debris – Public Subdivisions Emergency Response by Orange County: Debris Removal ISSUES

Debris – Gated Communities County cannot remove debris from private property ISSUES

Financial Viability 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 ISSUES

Financial Viability – 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 ISSUES

PRESENTATION OUTLINE Overview Issues Existing Ordinance Proposed Ordinance Changes Next Steps

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 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 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 Existing Ordinance

PRESENTATION OUTLINE Overview Issues Existing Ordinance Proposed Ordinance Changes Next Steps

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 Proposed Ordinance Changes

Proposed Amendments Continued Gated Communities prohibited: In areas designated for traditional neighborhood development (Horizon West) In areas designated for new urbanism In areas designated for transit-oriented development Where private and public stormwater would commingle Proposed Ordinance Changes

Proposed Amendments Continued Traffic Law Enforcement Agreement requirement deleted County requires $1 million General Liability Policy naming County and Sheriff as additional insureds HOA insurance required by Traffic Law Enforcement Agreement not available Risk Management does not recommend County entering Traffic Law Enforcement Agreement without insurance requirement Sheriff will be unable to enforce traffic laws in Gated Communities 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 Proposed Ordinance Changes

PRESENTATION OUTLINE Overview Issues Existing Ordinance Proposed Ordinance Changes Next Steps

Development Advisory Board : April/May Local Planning Agency: May/June BCC Public Hearing: July/August Next Steps

Proposed Modifications to the Gated Community Ordinance Board of County Commissioners April 8, 2008