gated communities worksession board of county commissioners october 30, 2007

Gated Communities Worksession

Board of County CommissionersOctober 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

• 1970-1980 - Gated Communities sporadically approved

• 1996 - Gated Community Resolution #96-M-22

• 2000 - Incorporation of Gated Community

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

History

OVERVIEW

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 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.

OVERVIEW

Pedestrian/School Buses• Entrance to each gated

community ison a case-by-casebasis

OVERVIEW

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.

OVERVIEW

Horizon West Map

OVERVIEW

Horizon West PolicyVillage Code, Section 38-3182(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 316.006(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 OrdinanceDeclaration 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 OrdinanceDeclaration 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 OrdinanceDeclaration 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 OrdinanceDeclaration 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. 206.224 (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 CommissionersOctober 30, 2007