§ 38-1235. Planned development guidelines.

The following planned development guidelines shall serve as site development standards for planned developments unless specifically waived by the planning and zoning commission. They are intended to complement applicable provisions of chapter 34 (pertaining to subdivisions).

(a)

Natural features:

(1)

The natural topography, soils, natural vegetation, and surface water should be preserved and utilized through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities.

(2)

Buildings and recreation areas should be situated to take advantage of natural air flow, sun angle, and views.

(b)

Circulation, access and parking:

(1)

Provisions should be made for the continuation of all arterial streets and highways where applicable.

(2)

Streets and driveways in the development should be designed to provide optimum conditions for the free movement and safety of vehicular traffic, and to provide safe, efficient, and convenient access to land uses within the development and to roadways adjacent to the development.

(3)

Collector streets shall be provided a direct route from minor streets to the arterial street system, but should discourage through traffic from one (1) arterial to another.

(4)

Minor streets shall provide access to each parcel of land within the planned development in a manner that will discourage through traffic.

(5)

Minor and collector streets shall be so located that future urban expansion will not require their conversion to arterial routes.

(6)

Public streets shall be constructed in accordance with standards in chapter 34 (pertaining to subdivisions). Private streets may be permitted subject to guarantees for adequate maintenance.

(7)

Article XI of this chapter should be used as the basis for standards for parking and loading facilities in residential, commercial, and industrial areas.

(8)

The entrances to parking areas should be easily accessible and identifiable from public streets, and should not interfere with traffic movement on adjoining streets or drives.

(9)

All parking areas should be designed and landscaped to be visually and functionally integrated with other land uses. A minimum of three (3) percent of all commercial or industrial parking areas should be landscaped.

(10)

Parking areas should be surfaced with a hard, dustless material, properly drained, and designed with regard to pedestrian safety and, where appropriate, with regard to conservation and filtration of surface water into the underground aquifer.

(11)

Vehicular and pedestrian passageways shall be separated.

(12)

A system of walkways between buildings, common open spaces, recreation areas, community facilities, parking areas, and transit stops shall be provided and adequately lighted for nighttime use.

(c)

Utilities:

(1)

All utilities should be supplied through underground networks.

(2)

A planned development shall connect to an existing central sewer system which is adequate to serve the anticipated needs of the development, or a private sewer system shall be constructed according to regulations prevailing at the time construction is begun. The sewage treatment and disposal system shall be approved by the county and state health departments.

(3)

Water pipelines shall be of sufficient size and located appropriately to provide adequate fire protection for all structures in the planned development.

(d)

Residential densities in general. Residential densities within the urban service area shall be consistent with Future Land Use Element Policy 1.1.11 of the Comprehensive Policy Plan (CPP). Within rural settlements, densities shall comply with Future Land Use Element Policy 2.1.10 of the CPP. Within the rural service area, densities shall comply with Future Land Use Element Policy 2.2.4 of the CPP.

The criteria for establishing the residential density shall include:

(1)

The location of the development in relation to current and anticipated growth patterns in the county.

(2)

The preservation of natural features of the site.

(3)

The provision of landscaped common open space for the leisure and recreational use of residents and/or employees.

(4)

The adequacy of public utilities, services, and facilities to serve the development.

For the purpose of calculating net density, land shall be included only if it is committed to the explicit use of residential buildings or structures or contributes to the amenities of residents of the development such as usable park and open space. Land devoted to nonresidential, nonpublic uses, streets or other public and semipublic uses, other than to usable park and common open space use, shall not be included.

(e)

Density credits within rural settlements. For any area designated 1/1 within a rural settlement, an applicant may opt to apply for a density credit subject to the following:

(1)

The developer may offer to dedicate land within Orange County for a specified public purpose, including, but not limited to, parks, schools, fire stations, and utility plants. Acceptance of such offers shall be subject to the discretion of the board of county commissioners.

(2)

If the offer of dedication is accepted, the developer shall transfer the density from the dedicated property to the development plus a sixty (60) percent credit from the property being dedicated. The allowable density on the property being dedicated shall be the same as the property being developed.

(3)

The applicant may opt to pay into the Orange County Parks and Recreation Department Parks fund in lieu of dedication of the property. The payment in lieu of dedication shall be equal to the market value of at least five (5) acres of unimproved, developable land in the subdivision. The applicant shall transfer the density for payment plus a sixty (60) percent density credit for the payment in lieu of dedication. The value of the payment in lieu of dedication shall be based upon a valid appraisal of the property as accepted and approved by the county. Such payment in lieu of dedication is subject to approval by the parks and recreation department and the board of county commissioners.

(P & Z Res., art. XXIX, App.; Ord. No. 98-37, § 17, 12-15-98; Ord. No. 2013-08 , § 11, 3-26-13)