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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. Presentation Outline. Overview Existing Ordinance Proposed Changes Requested Action. Presentation Outline. Overview

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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
Presentation Outline

Overview

Existing Ordinance

Proposed Changes

Requested Action

presentation outline1
Presentation Outline

Overview

Existing Ordinance

Proposed Changes

Requested Action

overview
Overview

Definition of Gated Community

  • Subdivision with privately owned and maintained infrastructure
slide5

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

slide6

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

overview1
Overview

Issues

Urban Form & Interconnectivity

Stormwater & Debris

Financial Viability

overview2
Overview

Urban Form & Interconnectivity

  • Traditional Neighborhood Development
  • Transit–Oriented Neighborhoods
  • Comprehensive Policy Plan
slide9

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.

overview3
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. “

overview4
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
overview5
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
presentation outline2
Presentation Outline

Overview

Existing Ordinance

Proposed Changes

Requested Action

slide14

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
slide15

Existing Ordinance

Requirements

  • Must provide for fire/rescue, sheriff, utilities access
  • Must execute Traffic Law Enforcement Agreement
slide16

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
slide17

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
slide18

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
slide19

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
presentation outline3
Presentation Outline

Overview

Existing Ordinance

Proposed Changes

Requested Action

proposed changes
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 changes1
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 changes2
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 changes3
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 changes4
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
presentation outline4
Presentation Outline

Overview

Existing Ordinance

Proposed Changes

Requested Action

requested action
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 ordinance1

Public Hearing Modifications to the Gated Community Ordinance

Board of County Commissioners

Presented by the

Orange County Public Works Department

February 24, 2009

slide29

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:
slide30

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

slide31

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

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