Date post: | 01-Jan-2016 |
Category: |
Documents |
Upload: | shannon-sherman |
View: | 215 times |
Download: | 0 times |
• 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
• 1970-1980 - Gated communities sporadically approved
• 1996 - Gated Community Resolution #96-M-22
• 2000 - Incorporation of Gated Community Resolution
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
•2007 - 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 Comprehensive Policy PlanTransportation 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.
ISSUES
Existing Subdivision RegulationsSec. 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.
ISSUES
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
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