§ 38-1382. General development guidelines and standards.

(a)

Consistency with the village specific area plan (SAP). The adopted SAP for any particular village establishes the land uses for all property within the village. The SAP shall also establish the public facilities lands required by each neighborhood and the village center. Development within any specific neighborhood may be initiated only when the adequate public facilities requirements in accordance with chapter 30, article XIV, division 2, have been met. Any proposed amendments to the land uses as established by the SAP are subject to the following conditions:

(1)

Any amendment to the village planned development land use plan shall be subject to approval by the board of county commissioners in accordance with this division and Future Land Use Element Policy 4.1.7. Waivers from the general development guidelines and standards within this division may also be considered and approved at a public hearing before the board of county commissioners at the time of preliminary subdivision plan or development plan, and processed as a nonsubstantial change to the planned development land use plan.

(2)

The proposed amendment shall be consistent with all applicable requirements of the village land use classification of the comprehensive plan, future land use element.

(3)

Except as provided for in chapter 30, article XIV, division 3, of this Code (transfer of development rights), the proposed amendment shall not change the proposed density for any particular neighborhood.

(4)

The proposed amendment shall not preclude the provision of any adequate public facilities, as identified within the approved SAP.

(5)

Public school sites must be consistent with the size and locations designated on the approved village SAP. School site locations and configurations, other than those indicated on the village SAP, may be considered provided they are consistent with the provisions of Future Land Use Element Policy FLU4.1.5.1 of the comprehensive plan.

(b)

Developable land area shall be defined as the total gross land area less natural surface waterbodies and designated conservation areas (wetland areas). Net developable land area is defined as developable land area less land for adequate public facilities (as defined in section 30-710), public open space, upland greenbelts, and stormwater facilities. The required density of each district within the village shall be a minimum average based on the net developable land area.

(c)

Village upland greenbelt. In accordance with the adopted SAP for any particular village, a village upland greenbelt area has been provided consistent with requirements of the village land use classification of the comprehensive plan, future land use element. Transfer of development rights may be applied to property designated as the village upland greenbelt in accordance with chapter 30, article XIV, division 3, of this Code. Development within the upland greenbelt area shall be limited to a density of one (1) residential dwelling unit per ten (10) acres and may include road crossings, parks, golf courses, stormwater management areas and passive recreational uses such as bike/pedestrian and equestrian trails. In order to accomplish the purpose of the upland greenbelt, development may be clustered at an overall gross density of one (1) unit per ten (10) acres on lots no smaller than one-fourth (¼) acquire, subject to the requirements of chapter 37, article XVII, of this Code regarding individual on-site sewage disposal. Such clustering shall only be permitted on upland areas within the upland greenbelt subject to dedication of development rights for the balance of the property and rezoning to planned development. Development rights shall be dedicated to Orange County at the time of platting. Dedication of the development rights will limit the use of the property to agriculture as permitted in the county A-1 zoning district. A twenty-five (25) foot setback at the village perimeter is required for any PD located along the perimeter of a village except where the boundary of the PD is adjacent to a village greenbelt in which case no setback shall be required.

(d)

Village civic association. Each village may establish a civic association for the purpose of promoting civic pride and community events within the village. The Village Civic Association shall be authorized to charge reasonable fees for participation in community events and to raise funds from community activities. Each residential community association or other property owners' association that is established in the village should be a member of the Village Civic Association. Each residential community association or other property owners' association should designate a delegate to the Village Civic Association. The Village Civic Association is not intended to have any regulatory authority or architectural review authority over land uses within the village.

(e)

Utilities. A plan to connect all development parcels to Orange County's central water, wastewater and reclaimed water shall be provided with each particular village SAP. The County may require all participating property owner within a village to sign a private agreement addressing their proportionate share of funds for the costs of all off-site and on-site master utilities, sized to the full village needs. The agreement may be required prior to or concurrent with the approval of an SAP or as part of a planned development zoning.

(f)

Compatibility with the surrounding area. Each development shall be designed to consider compatibility with the surrounding area and consistency with the densities and intensities of the adopted SAP. In addition, the preliminary subdivision plan or development plan for any village planned development which is abuts an existing subdivision that is not zoned Village PD or is outside an SAP, or is located across a water body from an existing subdivision may include measures to ensure compatibility including one (1) or more of the following:

(1)

Comparable living area and/or lot widths with the existing subdivision; or

(2)

Open space, retention facilities, conservation areas, buffering, or an expanded village upland greenbelt to serve as a separation from the existing and proposed development; or

(3)

Other compatibility measures as deemed appropriate by the board of county commissioners.

(g)

Reclaimed water. All village planned developments shall install reclaimed water lines in such a manner as to provide service to each property of the development. The distribution mains shall be extended across the total property frontage to facilitate future extensions to other developments. The distribution system shall be installed at the time of development along with the water and wastewater systems. The system shall be designed and sealed by an engineer registered in the state in accordance with regulations of the county and the state department of environmental protection. Costs for the installation of such reclaimed water system shall be borne by the owner and/or developer. Application for a development shall include, where practical, a plan to take back reclaimed water in the same quantity as wastewater is produced. The reclaimed water distribution system for all village planned developments shall connect or cause to be connected with the village SAP reclaimed water distribution system. All irrigation connections to the reclaimed water system, within a village planned development, shall be made in accordance with polices and regulations of the county. If reclaimed water is not available at the time of development, the reclaimed water distribution system shall be installed as a "dry-line" system. At such time that reclaimed water is made available, all existing irrigation connected to the existing potable water system shall be terminated and re-connected to the reclaimed distribution system.

(h)

Streets. Standards for the streets within any particular village shall be consistent with the intent as set forth in the transportation section of an adopted SAP. Variations to these standards may be considered, on a case-by-case basis, by the development review committee (DRC) as part of the land use plan or preliminary subdivision plan/development plant approval.

(1)

Street type and pattern. The types and patterns of all streets in the village shall be in conformity with the transportation section of the SAP. The location of streets on the transportation plan is approximate. Primary access locations shall be identified on the land use plan. Precise locations of internal streets shall be determined in conjunction with the approvals of the preliminary subdivision plans/development plans for each village planned development within the adopted SAP.

(2)

All streets, alleys, and pedestrian pathways shall connect to other streets within the village and to existing or planned streets outside the village in accordance with the approved village SAP. Cul-de-sacs, T-turnarounds, or dead end streets are not permitted unless otherwise approved by the county or where their use is in connection with preserving wetlands, specimen trees, or ecologically significant vegetative communities. To encourage the development of connected and integrated communities within each neighborhood and village center, the twenty-five (25) foot setback on the perimeter of the PD is not required for those PDs that are internal to a neighborhood or village center. The twenty-five (25) foot setback is required for only that portion of the perimeter of the PD that is located on a perimeter of a village.

(3)

In accordance with the adopted SAP, each preliminary subdivision plan or development plan within the 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.

(4)

Alleys are required for any block containing any lots with a width of fifty (50) feet or less, exclusive of corner lots. Two-way alleys, which require fire department or solid waste disposal access, shall be designed as a private easement and shall have a minimum twenty (20) feet of clear and paved width. One-way alleys, which require fire department or solid waste disposal access, shall be seventeen (17) feet in clear and paved width. All alleys designed as required fire department access roadways, shall be posted 'no parking', and shall have a minimum thirty-five-foot right turning radius easement on corner lots formed by alleys, or such other turning radius and mountable curb systems which may facilitate smaller turning radii, but which must be approved by the Fire Rescue Department. For greater pedestrian crossing safety, and subject to Fire Rescue Department, Solid Waste Division approval, the turning radius of the curbs formed by alleys may be reduced to fifteen (15) feet, if a right turning radius easement is maintained which sufficiently accommodates fire and solid waste disposal trucks. The right turning radius easement may be created, for instance, by installing mountable curbs, and/or by strategically arranging on-street parking and no parking zones. Where possible, and when not in conflict with stop sign, stop bars, or driver visibility, the length of marked pedestrian street or alley crossings should be shortened by locating them just before the point of tangency with the intersection curb. Driveway aprons shall have a minimum five-foot turning radius.

(5)

Street standards. All streets shall meet the following minimum standards:

a.

All streets (excluding alleys) shall have raised curbs (curbs at medians may be mountable);

b.

Minimum lane width shall be ten (10) feet (with a one-foot curb). Narrow lanes are encouraged; however, wider lanes may be appropriate in higher density residential areas where increased parking on the street is expected;

c.

Where trees are planned, medians shall be a minimum of twelve (12) feet in width;

d.

Dedicated parallel parking spaces shall be a minimum of seven (7) feet in width;

e.

Landscape strips between the curb and sidewalk shall be a minimum of six (6) feet in width. However, for a description of the required planter strip within the neighborhood and village commercial centers, see sections 38-1388 and 38-1389.

f.

Sidewalks shall be a minimum of four (4) feet in width, except on APF roads, where sidewalks shall be a minimum of five (5) feet in width. In Village Centers and Neighborhood Centers, sidewalks along the front of commercial buildings shall be a minimum of ten (10) feet in width to encourage safe pedestrian activity. (See sections 38-1388 and 38-1389 for a description of required sidewalk widths and utility easements within Neighborhood Center and Village Center districts.)

(6)

Mews. Mews designs are generally where residential units have only rear access (typically alleys) and which front a green space (park or square) and face another row of similarly developed units. A sidewalk, path, or bike lane (but not roads within the same block) may bisect this green space area. Such developments may be approved on a case by case basis, subject to emergency access review and approval. Projects incorporating mews shall also address parking, street addressing, green space area maintenance, front yard setbacks, and other issues unique to this type of development.

(i)

Public open space and public tracts. In addition to the adequate public facilities (APF) parks shown on the village SAP, a minimum of seven and one-half (7.5) percent of the developable land area of any development project shall be permanently allocated to public open space tracts in the form of neighborhood parks, squares, mews, greens, or linear parks designed to augment the village pedestrian/bikeways system and designed to create a focal point for the neighborhood. These neighborhood parks and squares shall be distributed throughout all land use districts within the village. The distribution of neighborhood parks and squares should be generally proportionate to the number of dwelling units within each area of the development. Excluding the townhouse, apartment and condominium open space standards respectively addressed in Sections 38-1387.1(a)(7), 38-1387.2(a)(6) and 38-1387.3(a)(7), the required seven and one-half (7.5) percent public open space may be provided in lieu of that required by Section 38-1234. However, such public open space shall be defined in accordance with section 38-1234(1)(c) of this chapter and shall be publicly accessible, usable, and designed as an amenity. Aesthetically designed "curvilinear shaped" stormwater ponds may count toward no more than fifty (50) percent of the seven and one-half (7.5) percent open space requirement.

(j)

Stormwater facilities. Stormwater facilities shall be designed as an open space amenity in accordance with the design principles of this village development code. The design of stormwater facilities shall be in accordance with section 38-1383 of this division and all other applicable codes, ordinances, resolutions, rules and regulations. Stormwater facilities when designed as an amenity with clustered or regularly-spaced shade trees, planted at no more than forty (40) feet on-center, as well as a combination of two (2) or more additional aesthetic features (e.g., park benches, trails, gazebos, trellises, fountains, decorative cement forms at the water edge to create reflecting pools, etc.), and in accordance with the open space requirements of section 38-1234(5), may be applied toward up to one hundred (100) percent of the open space requirements of section 38-1234(3). The aesthetic features mentioned above, except for turf, shall be installed outside of the storm water facility required maintenance area.

(k)

Natural water bodies. The design of any village planned development should consider natural water bodies as a public amenity. The scenic values of natural water bodies may be enhanced through appropriate design elements such as pedestrian access, waterfront parks and public street frontage. Public access to such waterbodies and use of motorized watercraft may be restricted as part of a planned development, preliminary subdivision plan, or development plan approval.

(l)

Block Pattern. In addition to the submittal requirement of section 13-1384(c), a land use plan shall include a graphically depicted conceptual block layout for a typical single block showing the location, size, and layout of residential, non-residential, and mixed use developments. Subsequent preliminary subdivision and development plans shall be generally consistent with the conceptual block layout.

(m)

Screening. Ground-level mechanical equipment, outdoor storage areas and service areas, except those associated with single-family detached units, shall be screened by a one hundred (100) percent opaque buffer. Dumpsters or other refuse areas shall be screened by one hundred (100) percent opaque buffering, including a six-foot masonry wall with gate, and landscaping with shrubs or vines around the entire walled area. The wall shall be designed with similar architectural features as the principle structure and the gate shall be opaque.

(n)

Communication Towers. All communication towers shall comply with the requirements of section 38-1427 of the Orange County Code except that chain link fencing and opaque wall systems are prohibited. Decorative or ornamental metal fencing allowing transparency, with the exposed picket points for security, may be used around the base. Barbed wire, if any, should be on the interior side of the fence. Landscaping requirement may not be waived where adjacent to lands that may be developed or visible from a public right-of-way. In order to further the intent of Section 38-1427(n)(5), camouflage facilities for communication towers shall, when practicable, include architectural elements in building structures, such as church steeples, clock towers, bell towers, chimneys, rooftop cupolas, as well as flagpoles. Communication towers may be a permitted use in the areas designated as APF parks and schools; and Office, Neighborhood Center and Village Center Districts by the specific area plan (SAP) provided the planned development (PD) land use plan (LUP) has identified communication towers as a permitted use. Communication towers shall be prohibited in all other residential districts, designated upland greenbelts (perimeter upland buffers), wetlands (conservation areas), and wetland upland buffers.

(Ord. No. 97-09, § 1, 5-20-97; Ord. No. 99-09, §§ 3, 4, 3-23-99; Ord. No. 09-16, § 1, 6-2-09; Ord. No. 2014-04 , § 1, 2-11-14; Ord. No. 2016-19 , § 30, 9-13-16)