ATTACHMENT 1
ORIGINAL STAFF REPORT TO ADVISORY BOARDS
Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Board, have changes. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.
STAFF REPORT
SUBJECT: Castalia at Meadowmont –Special Use Permit (File No. 7.52..384)
DATE: April 4, 2006 (Planning Board and Transportation Board)
April 19, 2006 (Parks and Recreation Commission)
April 25, 2006 (Bicycle and Pedestrian Advisory Board)
April 26, 2006 (Community Design Commission and Greenways Commission)
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to allow the construction of an office and residential building on a 4.2-acre site at the south side of the intersection of West Barbee Chapel Road and Old Barn Lane in the Meadowmont Development.
The proposal includes a three-story building with 52,000 square feet of office floor area and 11 residential dwelling units with 24,000 square feet of floor area for a total building floor area of 76,000 square feet. The proposal includes 177 parking spaces including 17 garage spaces. Two points of access to West Barbee Chapel Road are also proposed.
The property is zoned Mixed Use Residential-1 (MU R-1), is encumbered by the Meadowmont Master Land Use Plan and is located in Orange County and is identified as Chapel Hill Township Tax Map 52, Lot 384.
A Concept Plan for this proposal was reviewed by the Community Design Commission on January 16, 2002 and on December 15, 2004. Copies of the Community Design Commission Summary of Concept Plan Review are attached. The Concept Plan was reviewed by the Town Council on January 26, 2005. A copy of the Council minutes from that meeting is attached.
BACKGROUND
On October 23, 1995, the Town Council approved a Master Land Use Plan for the 435 acre Meadowmont development located on NC 54. Located in the Mixed Use
Residential-1 (MU R-1), the Residential-5-Conditional (R-5-C) and Residential-1 (R-1) zoning districts, the 1995 Master Land Use Plan authorized:
· Maximum 1,298 dwelling units; and
· Maximum 785,100 square feet of non-residential floor area including;
· 134,600 square feet of commercial retail space;
· 140,000 square feet of hotel floor area;
· 389,000 square feet of office space; and
· 121,500 square feet of other commercial floor area.
With respect to the proposed Castalia site, the 1995 Master Land Use Plan authorized 52,000 square feet of retail/office floor area. The 1995 permit did not allocate specific square footage figures for each of the permitted uses.
In 1998, the Meadowmont applicant, during a Public Hearing on the Meadowmont Infrastructure Special Use Permit, offered to modify the 1995 Master Land Use Plan in response to request by a Council member to reduce the overall trip generation from Meadowmont by approximately 25 percent.
As part of that modification proposal, in 1999, the Town Manager approved a minor modification to the Meadowmont Master Land Use Plan. The modification resulted in reducing overall trip generation numbers by 25%. The modification included the following changes to the 1995 Master Land Use Plan:
· Maximum 1061 dwelling units (237 dwelling unit reduction); and
· Maximum 765,600 square feet of non-residential floor area (19,500 square foot reduction) including;
o 96,600 square feet of commercial retail space (38,000 square foot reduction);
o 140,000 square feet of hotel floor area;
o 442,167 square feet of office space (53,167 square foot increase); and
o 86,833 square feet of other commercial floor area (34,667 square foot reduction).
With respect to the Castalia site the minor modification to the Master Land Use Plan, as approved by the Town Manager in 1999, allocated the 52,000 square feet of floor area on the proposed Castalia site to17,333 square feet of commercial floor area and 34,677 square feet of office floor area.
In April 2005, the applicant submitted a Special Use Permit application for a 76,000 square foot office/residential development on the proposed Castalia site. Along with this application, the applicant submitted an application for a Master Land Use Plan Modification. Please see the accompanying memorandum for additional information on the Master Land Use Plan Modification application.
In May 2005, following several meetings with neighborhood residents, the applicant placed the applications on hold in order to meet with residents and respond to their concerns. In September 2005, the applicant resubmitted the applications and staff continued with the review process.
EVALUATION
Town staff has reviewed this application for comparison with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.
Existing Conditions
Location: The 4.2 acre site is located on the east side of West Barbee Chapel Road, between NC 54 and Weaver Mine Trail, approximately 300 feet north of the intersection of West Barbee Chapel Road and NC 54. The site is also directly across from the intersections of Old Barn Lane and Oval Park Place on West Barbee Chapel Road. To the west of the site is the newly completed Hilltop Condominiums, to the south, is a vacant 2-acre parcel designated as a future restaurant on the Meadowmont Master Land Use Plan. To the east is an open space meadow area and stormwater pond along NC 54. This dedicated open area is owned and maintained by the Meadowmont Home Owners Association. To the north are the Summit Park Townhomes.
Existing Structures: There are no existing structures on the site.
Access: There are two existing curb cuts on West Barbee Chapel Road between Oval Park Place and Weaver Mine Trail. A public sidewalk exists along the West Barbee Chapel Road frontage.
Topography, Drainage, Vegetative Cover: The middle portion of the site has slopes between 5 and 10 percent and has a high point of 368 feet. There is a vista from the middle of the site with views to the east, south, and west. The perimeter of the site has slopes between 10 and 15 percent with the western edge of the site having slopes between 15 and 25 percent. Prior to the construction of West Barbee Chapel Road, slopes along the west edge of the site were between 10 and 15 percent. Grading associates with the construction West Barbee Road resulted in the current 25 percent slope on this site. The site generally drains from a central high point towards the east, south and west.
The property is in the Town’s Watershed Protection District.
The site is roughly square in shape and is wooded with a mixture of hardwoods and pine forest. A significant tree stand is located in the north portion of the site. The northeast corner of the site is clear and adjacent to the NC 54 Meadowmont meadow open space area.
Development Description
The applicant proposes to construct a 76,000 square foot three-story building comprised of 52,000 square feet of office floor area and 11 residential dwelling units including two affordable dwelling units. A total of 177 parking spaces are proposed.
The new building, with office on the first two floors and residential units on the third floor, is proposed to be located away from West Barbee Chapel Road and adjacent to the meadow area along NC 54. Parking areas are proposed between the building and along West Barbee Chapel Road. Access to the site is proposed from an existing curb cut located on the northern side of the site and from a new curb cut located on the western side of the site, both with access to West Barbee Chapel Road. An existing curb cut near the northeast corner of the site is to be removed.
An on-site refuse facility is proposed and will be designed to allow shared use by the adjacent undeveloped property to the south. An internal driveway connection to the same adjacent property is also proposed for use at such time as the adjoining property is developed.
Concept Plan Proposal / Special Use Permit Application Comparison
The Concept Plan Proposal was reviewed by the Town Council on June 20, 2005 and by the Community Design Commission on April 20, 2005. Copies of the Community Design Commission and Town Council Concept Plan comments, including the applicant’s response to these comments are attached to this memorandum (Attachments 18 and 19).
The site plan submitted with this current Special Use Permit application is different from the Concept Plans review by the Town Council and the Community Design Commission. The applicant has submitted a brief summary outlining some of the differences between the Concept Plan and the Special Use Permit. Please refer to the Attachment 20.
Ordinance Requirements
Zoning: The property is zoned Mixed Use Residential-1 (MU R-1), and is encumbered by the Meadowmont Master Land Use Plan. The 1995 Meadowmont Master Land Use Plan authorized 52,000 square feet of retail/office floor area for this site. In 1999 the Town Manager approved a minor modification to the Master Land Use Plan. The approval allocated the 52,000 square feet of floor area on the proposed Castalia site to 17,333 square feet of commercial floor area and 34,677 square feet of office floor area. In April 2005 the applicant submitted an application to modify the minor modification to the Meadowmont Master Land Use Plan as approve by the Town Manager in 1999. Please see the accompanying memorandum for additional information on the Meadowmont Master Land Use Plan Modification application.
Land Use Plan: The Comprehensive Plan adopted by the Council on May 8, 2000, identifies this property as Mixed Use, Office/Commercial Emphasis.
Dimensional Standards: The subject property is located in the Mixed Use, Residential-1 (MU-R-1) zoning district. In mixed use districts, minimum setback requirements apply only to the perimeter boundary of the larger development. Since this proposed development is not adjacent to the perimeter boundary of the Meadowmont development, minimum setback requirements do not apply.
The maximum permitted floor area for this project is 76,000 square feet if the Master Land Use Plan Modification is approved by the Town Council. The developer is proposing 76,000 square feet.
We recommend that the submission of the final plan application shall include certified copies of the recorded Meadowmont Master Land Use Plan Modification. Said Master Land Use Plan Modification shall modify the permitted land use and increase the overall floor area on this site, as permitted by the 1999 Master Land Use Plan, to 52,000 square feet of office floor area and 24,000 square feet of residential floor area for 11 dwelling units.
Located in the MU-R-1 zoning district, Article 3.5 of the Land Use Management Ordinance specifies that at least 60 percent, but not more than 85 percent, of the floor area in this development be devoted to office-type business use. Commercial and/or residential floor areas are the permitted uses which would make up the remaining percentage. This application is proposing 32 percent residential floor area and 68 percent office floor area.
The maximum height limit in the MU-R-1 zoning district is 90 feet. The proposed maximum height of the building in this development is 48 feet.
The applicant proposes that the recreation space requirement be reviewed in the context of the entire Meadowmont development, rather than as a stand-alone project. We believe that this approach is appropriate in the context of a Master Plan. This approach to satisfying recreational land use intensity requirements is the same approach used for the review and approval of the Meadowmont Greenway Apartments. Because the proposed 11 dwelling units for this site are being reallocated from previously approved residential units in the Infrastructure Special Use Permit, we believe the recreation improvements approved for that permit also apply to this application.
Affordable Housing Proposal: The applicant is proposing that two dwelling units will be designated for affordable housing. The applicant is proposing that the units will be available for rent. Please refer to Attachment 17 for additional information on this proposal.
The text immediately below has been changed from the original Staff Report.
Another option for Council consideration would be a proposal offered in the June 13, 2006 letter from Robert Dowling, the Executive Director of the Orange Community Housing and Land Trust (Attachment 17). In the letter Mr. Dowling is recommending that the applicant provide a payment-in-lieu of $180,000 to the Land Trust. Mr. Dowling describes how the payment would be used to subsidize six existing units in the Meadowmont development and make the units affordable to households earning less than 80% of median income.
We believe that the option described by Mr. Dowling is reasonable and complies with the affordable housing goals and objectives in the Comprehensive Plan. Resolution A includes a stipulation requires the applicant to submit a payment in the amount of $180,000 to the Orange Community Land Trust prior to the issuance of a Zoning Compliance Permit. We also recommend that the payment is used to reduce the base price of two bedroom units in the Meadowmont Greenway project in order to make the units affordable to households earning less than 80% of median income.
As an alternative to the
applicant’s proposal, we recommend that the developer shall identify and
reserve no fewer than two dwelling units as an “affordable unit,” for
ownership. We have included stipulations in Resolution A that would allow the
applicant to provide affordable housing as units for ownership. The affordable
housing stipulation in Resolution A is similar to the affordable housing for
ownership stipulation placed on the recently approved Marriott Residence Inn
project.
Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution A.
Transportation
Access and Circulation: Access to this project is proposed to be from two driveways off of West Barbee C hapel Road. A third existing curb cut at the northeast corner of the site is proposed to be removed. The proposal also includes an internal future access to the adjacent undeveloped property to the south. We recommend that prior to the issuance of a Zoning Compliance Permit that the applicant provide a vehicular and pedestrian cross access easement for the adjacent property to the south.
In order to provide adequate sight distance for vehicular access to the proposed Castalia development at each of the two proposed driveways, we believe that as many as seven existing street trees along West Barbee Chapel Road may have to be removed. We recommend that prior to the issuance of a Zoning Compliance Permit that the Town Manger approve a sight distance plan for the two proposed driveways. We also recommend that for each street tree removed, as a result of providing adequate sight distance, the applicant shall install a 3-inch caliper shade tree on the proposed development. These new shade trees shall be noted on the landscape planting plan and shall be in addition to the landscaping materials propose with the Special Use Permit application.
Traffic Impact: We note the applicant was exempt from conducting a Traffic Impact Analysis (attached). The proposed application is expected to generate fewer vehicle trips compared to the approved site in the 1999 minor modification to the Meadowmont Master Land Use Plan. The proposed Castalia development is expected to generate 655 vehicle trips per day. For additional information please refer to the Traffic Impact Analysis exemption approval (Attachment 24).
Vehicular Access: Access to the site is proposed from an existing curb cut located on the northern side of the site and from a new curb cut located on the western side of the site, both with access to West Barbee Chapel Road. An existing curb cut near the northeast corner of the site is to be removed.
The applicant is also proposing an internal vehicular connection to the adjacent undeveloped property to the south. We recommend that the applicant provide a recorded shared driveway easement with the adjacent property to the south. A stipulation to this effect is included in Resolution A.
Parking: The minimum parking requirement for an office-type business in this zoning district is 1 space per 350 square feet of floor area. Based on the proposed office floor area, 149 parking spaces are required. In addition, two parking spaces per residential unit are required, totaling 22 parking spaces for a total of 171 parking spaces. The applicant is proposing 160 surface parking spaces and 17 garage parking spaces, for a total of 177 parking spaces. Parking spaces are proposed to be shared between residential and office uses. Clinical use would not be allowed with this proposal. We recommend that the total number of parking spaces for this site not exceed 171 spaces.
The text immediately below has been changed from the original Staff Report.
We encourage the applicant to attempt to relocate more parking underneath the building, use porous pavement for the parking areas and to consider a design that minimizes the number of on-site parking spaces.
We recommend that the parking lot be designed and constructed to Town standards. We recommend that all pavement markings be reviewed and approved by the Town Manager. We have included stipulations in Resolution A to this effect.
The text immediately below has been changed from the original Staff Report.
Pedestrian Access: A public sidewalk is located along the West Barbee Chapel Road frontage. We recommend that sidewalks be extended from the street into the site from both vehicle entrance points. The applicant has shown this recommended improvement on the submitted Pedestrian and Bicycle Plan Sheet (Sheet L-2). We recommend that an additional sidewalk be located from the rear of the building and West Barbee Chapel Road as close as possible to the eastern property line while taking account of stormwater and buffer requirements. Stipulations have been included in Resolution A.
We also recommend that a handicap ramp be constructed on the opposite side of West Barbee Chapel Road from the southern driveway and a marked crosswalk between the ramp and the driveway be provided. We have included this as a stipulation in Resolution A.
Bicycle Parking: Eighteen bicycle parking spaces are proposed to be located within the garage. The Land Use Management Ordinance requires a minimum of 15 bicycle spaces for the office portion of the development and 13 for the proposed residential units. We recommend that this development provide a minimum of 28 bicycle parking spaces that comply with the Class I and Class II Design Manual standards for location and design of bicycle parking facilities. A stipulation to that effect is included in Resolution A.
The text immediately below has been changed from the original Staff Report.
Bus Stops: The closest
bus stops are along West Barbee Chapel Road near Old Barn Lane and Little
Branch Trail. Bus stops and shelters for the Meadowmont development were
satisfied by the Infrastructure Special Use Permit. We recommend the
Town Manager review and approved provisions for a bus shelter and improving
pedestrian access to bus stops prior to issuance of a Zoning Compliance
Permit. A stipulation to this effect is included in Resolution A.
Transportation Management Plan: We recommend that a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the office portion of the development. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:
a) Provision for designation of a Transportation Coordinator;
b) Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c) Quantifiable traffic reduction goals and objectives;
d) Ridesharing incentives;
e) Public transit incentives; and
f) Other measures subject to approval by the Town Manager.
This has been included as a stipulation in Resolution A.
Landscaping and Architecture
Buffers and Landscaping: No landscape buffers between this proposal and adjacent land uses are required for this site as it is internal to the Meadowmont development. Parking lot screening and shading requirement do apply and we have included a stipulation to that effect in Resolution A.
Landscape Protection, Planting and Maintenance Plan: We recommend that the Landscape Protection Plan indicate which existing rare and specimen trees are proposed for removal. We also recommend that the applicant attempt to preserve a large cedar tree south of the proposed western entrance drive. We believe the preservation of this tree can be accommodated with modest revisions to the proposed grading plan but it is difficult to determine what revisions are needed until a complete Landscape Protection Plan is provided.
We also recognize the fact that due to past grading activities associated with the construction of West Barbee Chapel Road, the future health and survival of this tree may have been compromised. We recommend that prior to the issuance of a Zoning Compliance Permit the applicant present a plan to preserve the cedar tree. If, in the opinion of the Town Manager, it is determined that the tree can not be preserved, we recommend that the tree be replaced with a 3-inch caliper shade tree or tree of similar size.
We note that there are expansive areas of proposed turf located on 3:1 slopes between the proposed parking lots and West Barbee Chapel Road. We recommend that the landscape areas in excess of 4:1 slopes be planted with appropriate ground cover rather than turf.
We recommend that a Landscape Protection, Planting and Maintenance Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included these as stipulations in Resolution A.
Parking Lot Shading and Screening: Section 5.9.6 of the Land Use Management Ordinance requires that vegetation shall be provided within and adjacent to ground-level parking areas which will, in the opinion of the Town Manager, be sufficient to achieve shading of at least thirty-five percent of the parking area. Section 5.9.6 of the Land Use Management Ordinance also requires ground level parking facilities to be screened from adjacent streets by means of an effective screening device which is at least three feet in height above the grade of the edge of the parking area. We recommend that the parking lot screening and shading meet the Town’s standards. We have included these provisions as stipulations in Resolution A.
Landscaped Planting Strips: Section 5.9.6 of the Land Use Management Ordinance requires a five-foot wide landscaped planting strip between all parking areas and the building. It also requires an eight-foot landscaped planting strip at the entryway into parking facilities. We have included a stipulation in Resolution A to this effect.
The text immediately below has been changed from the original Staff Report.
Building Elevations and Lighting: We recommend that a detailed building elevation and lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance permit. We also recommend that a lighting plan be submitted to satisfy the requirements of the Land Use Management Ordinance Section 5.11. We have included stipulations to this effect in Resolution A.
Environmental
Stormwater Management: Although the project was exempt from a Stormwater Impact Statement, the proposal involves modification of the Meadowmont Master Land Use Plan. We recommend compliance with current stormwater management performance criteria of the Land Use Management Ordinance, runoff and volume standards as the proposal involves modifying the Master Land Use Plan. We have included a stipulation to this effect in Resolution A.
We recommend that the developer submit a stormwater management plan for the site prior to issuance of a Zoning Compliance Permit. We have included this as a stipulation in Resolution A.
We note that a proposed stormwater pipe is located directly underneath the proposed dumpster pad. We recommend that this pipe be rerouted to avoid possible damage caused by refuse collection vehicles servicing the dumpster. We have included this as a stipulation in Resolution A.
Steep Slope: We recommend that the Final Plan shall include map showing slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in Sections 5.3.2 and 5.3-1 of the Land Use Management Ordinance.
Watershed Protection District/Impervious Surface Area: The property is located in the Watershed Protection District and within the Meadowmont development. The developer is proposing to use the high density option within the Meadowmont development. The high density option limits impervious surface coverage to 50 percent overall and requires the use of on-site retention ponds to collect stormwater run-off and to allow pollutants to settle out before releasing the water downstream. The required retention ponds for this facility were reviewed and approved as part of an overall stormwater management plan for the Meadowmont Infrastructure Special Use Permit.
The developer has indicated that the maximum impervious surface coverage for this lot in Meadowmont would be 72 percent. Overall, the Meadowmont development area identified as within the high density option would meet the 50 percent impervious surface limitations of the Land Use Management Ordinance. Please refer to the Meadowmont Impervious Surface Monitoring Form (Attachment 27 ) for additional information.
Resource Conservation District: No portion of the site is located within the Resource Conservation District.
Erosion Control: We recommend that an Erosion Control Plan be submitted and approved by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Refuse and Recycling
Refuse Management: A dumpster pad is proposed to be located on the southern portion of the site in an area more readily screened from the public right-of-way. The proposed design includes adequate room for an additional dumpster which can provide refuse service for the future development on the adjacent property to the south. We recommend that a shared dumpster agreement be recorded permitting the adjacent property owner to the south to use this refuse and recycling facility. This has been included as a stipulation in Resolution A.
We recommend, and the submitted plan proposes the construction of heavy-duty pavement for the service vehicle route to the proposed refuse/recycling service facility. We have included this as a stipulation in Resolution A.
We recommend that prior to the issuance of a Zoning Compliance Permit the Town Manager approves a Solid Waste Management Plan including provisions for recycling. We also recommend that the plan address how the applicant intends to recycle construction debris associated with the construction of the building. This has been included as a stipulation in Resolution A.
Utilities and Service
Utilities: All utilities are presently available to the site. In accordance with the Land Use Management Ordinance, all utility lines must be underground. We recommend that detailed utility plans be reviewed and approved by the Town Manager and local utility companies, including OWASA, prior to issuance of a Zoning Compliance Permit. We have included these as stipulations in Resolution A.
Fire: We recommend that a fire flow report, sealed by an engineer registered in the State of North Carolina, be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
Sprinkler System: The square footage of this proposal requires installation of an automatic sprinkler system. A stipulation to this effect has been included in Resolution A.
Construction Management Plan: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Construction Management Plan shall specify that no construction vehicles serving this site shall use any existing streets outside the Meadowmont Development within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard.
Consistency with Approved Master Plan
Master Land Use Plan: The proposed design for the Castalia at Meadowmont project varies from the Master Land Use Plan approved by the Town Council. Several design features of the approved plan were either not incorporated into this proposal or were modified.
Some of the notable design differences between the Master Land Use Plan and this proposal include:
· Providing a parking garage beneath the building;
· Relocating the driveway on West Barbee Chapel Road;
· Eliminating an existing curb cut on West Barbee Chapel Road;
· Relocating the parking area 30 feet farther from West Barbee Chapel Road;
The developer states that the images depicted in the approved Master Land Use Plan is a visual guide to illustrate the overall village concept and was not intended to be a literal representation of building dimensions and parking spaces. The Master Plan was not intended to resolve many of the complexities of a mixed use development at the small Master Plan scale of 1 inch equals 200 feet. At this scale, the images depicted were symbolic representation expressing the broad objectives.
The developer also notes that as presented to the Town Council during the Master Land Use Plan review, The Developer’s Report, dated April 28, 1995 and adopted with revisions as part of the approved Master Land Use Plan resolutions, states: “Although this plan is preliminary and therefore subject to modifications as Special Use Permits are applied for, it does illustrate the character of the development concepts that are envisioned.”
Please refer to the applicant’s submitted statement (Attachment 21) discussing the consistency between the propose development and the approved Master Land Use Plan.
We believe that the proposed design for the Castalia at Meadowmont is in keeping with the Master Plan approved by the Council.
Special Use Permit Findings
Special Use Permit Findings: For approval of a Special Use Permit or Special Use Permit Modification, the Council is required to make findings based on 1) public health, safety and general welfare, 2) compliance with the town’s development regulations and standards, 3) the value of contiguous property and 4) the physical development of the Town.
In a typical Special Use Permit proceeding, the burden is on the applicant to present a case, demonstrating why the Council should make the four findings required for approval of a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. A “rebuttable presumption” is established that three of the four findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Land Use Management Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the fourth finding, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.
We believe that the proposal, with conditions in Resolution A, meets the requirements of the Land Use Management Ordinance that the proposal is generally in accordance with the Meadowmont Master Land Use Plan.
Resolution A would approve the application with conditions.