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Findings as to Section 7.5.4 (d) and (e) of the Orange County Code of Ordinances relating <br />to the suitability of plans proposed, desirability of amendments, adherence to PD (planned <br />development) or general regulations, desirable specific modifications in PD (planned <br />development) or general regulations as applied to the particular case, based on <br />determination that such modifications are necessary or justified in the particular case by <br />demonstration that the public purposes of the PD or other regulations would be met to at <br />least an equivalent degree by such modifications <br />1_Design Solution 1: waiver of Section 2.2 of the Economic Development Design <br />Manual relating to residential development: <br />'a. The applicant proposes incorporation of up to 200. residential units in district 2 <br />and 3 of the development in order to incorporate a "Main Street"/mixed use <br />theme in the development; <br />b. The Planning Board finds that the County has previously indicated that <br />residential uses are discouraged within the economic development district, <br />specifics of this proposal are unclear, and the incorporation of residential uses <br />is not consistent with the vision of the Buckhorn Economic Development District <br />as a site for glow-intensity industrial park and other non-residential uses; <br />[Motion rejecting Design Solution One was approved by a Five (5) to Four (4) vote]. <br />2. Design Solution 2: Modification of provisions relating to methodology for assessing <br />land use intensity and standards for compliance with Economic Development <br />- Design Manual provisions relating to intensity of development: <br />a. The applicant. initially requested a waiver of the established methodology under <br />the Economic Development Design Manual for calculation of impervious <br />surface volume, building volume, and landscape volume, based on a contention <br />that the Ordinance's approach is antiquated and inappropriate when multiple <br />uses are envisioned within a development district; <br />b. The applicant further requested that the standards for compliance with the <br />Economic Development Design Manual be waived to allow a maximum floor <br />area ratio of point thirty (.30) and a maximum building height of six (6) stories; <br />c. The Planning Staff's analysis has demonstrated that, absent modification of the <br />underlying standards, the application does not comply with the current <br />requirements of the Ordinance as to District II and III; <br />d. The Planning Board. is uncertain whether it or the Board of Commissioners has <br />authority to waive requirements relating to floor area and similar ratios in light of <br />provisions in the Code of Ordinances that specify that "these PD regulations <br />shall apply in PD districts, unless the Board of County Commissioners find, in <br />the particular case, that provisions herein do not serve public purposes to a <br />degree at least equivalent to such .general zoning, subdivision or other regulations <br />or requirements. Where actions, designs or solutions proposed by the applicant <br />are not literally in accord with applicable PD or general regulations, but the <br />7 <br />