ATTACHMENT 1

STAFF REPORT

SUBJECT:      Public Hearing: St. Thomas More Catholic Church and School, 920-940 Carmichael Street – Master Land Use Plan Modification Application

(File No. 9798-04-5260)

DATE:                        September 17, 2008

INTRODUCTION

We have received and reviewed an application for a Master Land Use Plan Modification application for the 21.5-acre St. Thomas More Catholic Church and School. The application is proposing to modify the St. Thomas More Catholic Church and School Master Land Use Plan by; 1) increasing the authorized number of buildings from 5 to 9; 2) increasing the authorized floor area from 111,210 square feet to 137,405 square feet; and 2) increasing the authorized number of parking spaces from 264 to 422. The site is located at 920-940 Carmichael Street between Raleigh Road and Old Mason Farm Road, along Fordham Boulevard, across from the Highland Woods Subdivision, in the Residential-5-Conditional (R-5-C) zoning district.

The proposed modification is associated with a request for a Special Use Permit Modification as well, that proposes to demolish 8,432 square feet of floor area and construct 66,269 square feet of new floor area for a total of 137,405 square feet. Three new buildings, 158 new parking spaces and an athletic field are also proposed. Please see the accompanying memorandum for additional information on the Special Use Permit Modification application.

The St. Thomas More Catholic Church and School are located in Orange County and are identified as Parcel Identifier Number 9798-04-5260.

BACKGROUND

December 4, 1996	The Town Council approved a Master Land Use Plan for the 21.5-acre St. Thomas More Catholic Church and School located at 920-940 Carmichael Street. The plan authorized 5 Buildings, 111,210 square feet of floor area, and 250 parking spaces.
May 17, 2006	The Community Design Commission reviewed a Concept Plan Proposal for the St. Thomas More Catholic Church and School Master Land Use Plan Modification and Special Use Permit Modification for the school campus to add 133,000 square feet of floor area to construct a Parish Center, gymnasium, athletic field, library, classrooms, an Art and Music Building, and 130 new parking spaces.
September 18, 2006	The Town Council reviewed a Concept Plan Proposal for the St. Thomas More Catholic Church and School Master Land Use Plan Modification and Special Use Permit Modification identical to the plan reviewed by the Community Design Commission.
November 6, 2007	The applicant submitted Master Land Use Plan Modification and Special Use Permit Modification applications.

APPLICANT’S PROPOSAL

The approved 1996 Master Land Use Plan designated this site for 111,210 square feet of institutional floor area. The proposed St. Thomas More Catholic Church and School Master Land Use Plan Modification differs from the approved Master Land Use Plan in several aspects. Differences include the total number of buildings, the amount of floor area, and amount of vehicular parking. Each is briefly discussed below.

Number of Buildings: The 1996 Master Land Use Plan authorized 5 buildings and the applicant is proposing to construct 4 new buildings for a total of 9 buildings. The applicant is also proposing to expand 3 buildings on the site.

Amount of Floor Area:  The approved 1996 Master Land Use Plan indicated this site would be limited to 111,210 square feet of institutional development. Section 3.8 of the Land Use Management Ordinance allows a total of 283,607 square feet of floor area for the proposed development. The submitted plan proposes demolishing 8,432 square feet of floor and constructing 74,701 square feet of new floor area. If approved as proposed, the modification to the Master Land Use Plan would increase the net floor area by 66,269 square feet for a total of 137,405 square feet.

Number of Vehicular Parking Spaces:  The 1996 Master Land Use Plan authorized 250 vehicular parking spaces on the St. Thomas More site. In 2002 the Town Manager administratively approved an increase to 276 parking spaces but only a total of 264 spaces were constructed. This Master Land Use Plan Modification proposes to increase the number of vehicular parking spaces by 158 to a total of 422. Section 5.9 of the Land Use Management Ordinance allows a minimum of 287 and a maximum of 512 vehicular parking spaces for the proposed development. The applicant’s proposal therefore complies with the Ordinance.

Site Design Changes:  The proposed design for the St. Thomas More Catholic Church and School varies from the Master Land Use Plan approved by the Town Council in 1996.  Several design features of the approved plan are modified. Notable design differences between the Master Land Use Plan and this proposal include:

• Reconfiguring the alignment of Carmichael Street thereby changing the intersection with Fordham Boulevard
• Adding sidewalk across the frontage of the site
• Adding an athletic field
• Expanding the parking areas

RELATIONSHIP TO SPECIAL USE PERMIT

The Land Use Management Ordinance states that “if a Master Land Use Plan is approved for a tract of land, and an application for a Special Use Permit is subsequently received, then the Special Use Permit application must be consistent with the master plan. If it is consistent with the master plan, a rebuttal presumption shall thereby be established that the proposed development would:

1. Maintain or promote the public health, safety, and general welfare;
2. Maintain or enhance the value of contiguous property, or be a public necessity; and
3. Conform to the comprehensive plan.”

These are three of the four findings that must be made to approve an application for Special Use Permit. The fourth finding, “that the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of articles 3 and 5, the applicable specific standards contained in the supplemental use regulations (article 6), and with all other applicable regulations,” is the only finding that must then be made by the Council in order to approve the Special Use Permit application with an approved Master Land Use Plan.

MASTER LAND USE PLAN MODIFICATION FINDINGS

For approval of a Master Land Use Plan Modification, the Land Use Management Ordinance requires that the Council make the following findings:

For approval of a Master Land Use Plan Modification, the Council must make the following findings, as set forth in Article 4.8.2 of the Land Use Management Ordinance:

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;
2. That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and
3. That the use or development conforms with the general plans for the physical development of the Town as embodied in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, with modification of the Special Use Permit.

PROCESS

The Master Land Use Plan process is intended to provide a procedure which can relate the general type, design, and layout of various proposed uses to a particular site. It is meant to provide the basis for more detailed development plans subsequently reviewed through the Special Use Permit process. Typically, following approval of the Master Land Use Plan, a Special Use Permit application is submitted with each phase of site development. Once a Master Land Use Plan has been approved, no Special Use Permit application shall be approved unless it is consistent with the Master Land Use Plan.

The process requires the Town Manager to submit an analysis of the application and his recommendation to relevant advisory boards and the Town Council. Advisory boards review the application and submit recommendations to the Town Council.

CONCLUSION

We believe that the proposed Master Land Use Plan Modification, with conditions in Resolution A, complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan.

Resolution A would approve the application with conditions.  Resolution B would deny the application.