AGENDA #10

MEMORANDUM

TO:                  Roger L. Stancil, Town Manager

FROM:            J. B. Culpepper, Planning Director

                        Gene Poveromo, Development Coordinator

SUBJECT:      Castalia at Meadowmont – Application for Master Land Use Plan Modification

DATE:            October 9, 2006

INTRODUCTION

Tonight, the Council continues the Public Hearing from September 11, 2006, regarding a Master Land Use Plan Modification to modify the Meadowmont Master Plan. The proposed modification would relocate dwelling units and floor area in order to change the proposed use and increase the amount of floor area at the Castalia site.  The Meadowmont Development is located on the north and south side of NC Highway 54 at the county line. 

Along with this application, the applicant has submitted an application for a Special Use Permit, which proposes to construct a 76,000 square foot mixed-use building including 52,000 square feet of office space and 10 residential units.  The proposal includes a three-story building with access along West Barbee Chapel Road.  Please see the accompanying memorandum regarding the Special Use Permit application. 

RECOMMENDATION

Based on the information in the record to date, we believe that the Council could make the findings required to approve the Master Land Use Plan Modification application.  We recommend that the Council adopt Resolution A, approving the application.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

• Cover Memorandum:  Provides background on the Master Land Use Plan proposal, discusses key issues raised at the September 11, 2006 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.
• Attachment: Includes the September 11, 2006 memorandum.

BACKGROUND

On October 23, 1995, the Town Council approved a Master Land Use Plan for the 435-acre Meadowmont development located on NC Highway 54.  The approved Master Land Use Plan authorized 1,298 dwelling units and 785,100 square feet of non-residential floor area.  A minor modification of the Master Land Use Plan in 1999 reduced these figures to 1,061 dwelling units and 765,600 square feet of non-residential floor area.

The minor modification approved in 1999 allocated 52,000 square feet of floor area on the proposed Castalia site (17,333 square feet of commercial floor area and 34,677 square feet of office floor area). 

EVALUATION OF THE APPLICATION

The standard for review and approval of a Master Land Use Plan Modification application involves consideration of three findings of fact that the Council must consider for granting a Master Land Use Plan Modification.  Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the three required findings for approval of a Master Land Use Plan Modification.  If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the three findings, the Land Use Management Ordinance directs that the Master Land Use Plan Modification shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the three findings of fact that the Council must consider for granting a Master Land Use Plan Modification.

Finding #1:  That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:  

• “The project is designed to have 52,000 square feet of only office space.  This provides for a direct reduction in car trips that would have been generated with 17,333 square feet of retail or commercial space.  The impact of the reduction in traffic or vehicle trips is estimated to reduce traffic from 967 vehicle trips per day for retail or commercial down to 655 trips per day for the office”  [Applicant’s Statement]
• “The design for Castalia includes the re-allocation of residential units from elsewhere in Meadowmont to the top floor.  This addition reflects the new urban planning that is a stated desire – to include residential on the top floor to make Castalia a true mixed-use project.” [Applicant’s Statement]

Please see the applicant’s Statement of Justification for additional evidence in support of the application, part of Attachment 1.

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.   

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #2:  That the use would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property.

We believe the evidence in the record can be summarized as follows:

Evidence in support: Evidence in support of the Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

• “The mixed use is desirable and enhances the value of the project to Meadowmont, the surrounding property and the adjacent property.” [Applicant’s Statement]

Please see the applicant’s Statement of Justification for additional evidence in support of the application, part of Attachment 1.

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #3:  That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

We believe the evidence in the record can be summarized as follows:

Evidence in support: Evidence in support of the Finding #3 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

• “The Master Land Use Plan of the Meadowmont development conforms to the Comprehensive Plan for Chapel Hill.  Castalia is consistent with the zoning and other plans including but not limited to the Greenway Plan, the Land Use Plan, the Urban Services Area, and the Thoroughfare Plan.” [Applicant’s Statement]

Please see the applicant’s Statement of Justification for additional evidence in support of the application, part of Attachment 1.

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

SUMMARY

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application.  With these conditions, our recommendation is that the Council could make the three findings necessary in order to approve the application.  The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

RECOMMENDATIONS

Staff Recommendation:  That the Council adopt Resolution A, approving the Master Land Use Plan Modification application with conditions.

Resolution B would deny the Master Land Use Plan Modification application.

ATTACHMENTS

1. September 11, 2006 Memorandum and Related Attachments (begin new page 1).