Agenda - 06-03-2008-5b5e - Laserfiche WebLink

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~~_ t (e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Staff Comment: Please refer to the next section for a discussion on this item. ASSESSMENT/ANALYSIS OF WAIVER REQUESTS: As outlined within Section 7.21.1 of the Ordinance, the overall purpose and intent of PD/SUP projects is to: `provide for properly located and planned non-residential development consistent with Orange County's Strategic Plan for Economic Development'. This process is intended to provide an opportunity for development proposals to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance. In cases where number three (3) applies, the applicant is required to propose a design solution that is equal to, or better than, what could, be obtained through the application of the criteria and standards contained in the Design Manual. In this case, Buckhorn Road Associates LLC has requested the waiving of fourteen (14) standards of the Design Manual. While the applicant is required to demonstrate to the County that any and all deviations from the standards outlined within the Economic Development District Design Manual are necessary and that the proposed solution(s) are consistent with the intent of the manual, staff is required under Section 7.5.4 of the Ordinance to comment on the appropriateness of the request(s). With that, what follows is a review and assessment of the waiver requests: 1. Waiver One (1) as outlined on page fifteen (15) of the Buclchorn Village Planned Development Guidelines (hereafter `application') reading as follows: `The applicant requests a waiver from Section 2.2 of the EDD Design Manual' The applicant is requesting the ability to allow for single-family residential condominiums/apartments within the Town Center (i.e. District II) and possibly within District III of the proposed project. Currently, single-family residential land uses are not listed within the Economic Development Primary (ED-P) zoning district, which the subject property is currently zoned. Staff Comme~at: Staff supports the waiver request and believes that allowances ought to be made to allow for a small portion of multi-family, condominium style, residential development to occur on the property in keeping with the downtown/town center theme