memoranduM

 

to:                  Roger L. Stancil, Town Manager

 

from:            J.B. Culpepper, Planning Director

Gene Poveromo, Development Manager

 

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

 

date:            September 17, 2008

 

introduction

 

Attached for your consideration is an application from The Catholic Community of St. Thomas More to modify the St. Thomas More Catholic Church and School Master Land Use Plan. The proposed modification would include an expansion to 137,405 square feet of floor area, 422 parking spaces, and 9 buildings. St. Thomas More Catholic Church and School are located at 920-940 Carmichael Street, between Mason Farm Road and Raleigh Road and are identified as Orange County Parcel Identifier Number 9798-04-5260.

 

Accompanying this application is a Special Use Permit Modification application requesting authorization to construct all aspects of the project identified in the Master Land Use Plan. Please refer to the accompanying memorandum for additional discussion.

 

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the Master Land Use Plan application, as the Council determines the appropriate requirements to include as conditions of approval.

 

DESCRIPTION OF THE APPLICATION

 

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. Please refer to the attached Staff Report for additional information on the proposed modifications.

 

We believe that the proposed modification to the St. Thomas More Master Land Use Plan is in keeping with the Master Plan approved by the Council.  Please refer to the applicant’s submitted statement of justification (Attachment 3) for further discussion of the proposed Master Land Use Plan.

 

DISCUSSION

 

The proposed Master Land Use Plan identifies proposed development over an approximately ten year period. The Town Traffic Engineer recommends that the applicant obtain a new or amended traffic impact analysis, or exemption thereof, for any construction proposed beyond the year 2013 because of anticipated changing conditions. In the accompanying Special Use Permit we therefore recommend that the construction completion deadline expire 5 years from the date of approval (2013), to serve as a trigger that the applicant must revisit their traffic impact analysis prior to continuing construction beyond the year 2013. For additional information, please refer to the accompanying Special Use Permit memorandum.

 

RECOMMENDATIONS

 

Planning Board: The Planning Board met on June 17, 2008 and on August 5, 2008. At the later meeting the board voted 9-0 to recommend that the Council approve the Master Land Use Plan Modification, with adoption of Resolution A, attached to the Advisory Board memorandum.

 

A copy of the Summary of Planning Board Action is attached to this memorandum (Attachment 4).

 

Transportation Board:  The Transportation Board met on June 26, 2008 and voted 5-0 to recommend that the Council approve the Master Land Use Plan Modification, with Resolution A, attached to the Advisory Board memorandum.

 

A copy of the Summary of Transportation Board Action is attached to this memorandum (Attachment 4).

 

Community Design Commission:  The Community Design Commission met on June 18, 2008 and voted 8-0 to recommend that the Council approve the Master Land Use Plan Modification, with Resolution A, attached to the Advisory Board memorandum.

 

A copy of the Summary of Community Design Commission Action is attached to this memorandum (Attachment 4).

 

Bicycle and Pedestrian Advisory Board:  The Bicycle and Pedestrian Advisory Board met on July 22, 2008 and voted 6-0 to recommend that the Council approve the Master Land Use Plan Modification, with Resolution A, attached to the Advisory Board memorandum.

 

A copy of the Summary of Bicycle and Pedestrian Advisory Board Action is attached to this memorandum (Attachment 4).

 

Greenways Commission:  The Greenways Commission will meet on September 24, 2008. We will provide the Council with a Summary of the Greenways Commission Action when it is available.

 

Staff’s Preliminary 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.

 

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.

 

REQUIRED FINDINGS

 

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

  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.

 

We believe that the Council can make these findings.  Each is briefly discussed below.

  1. Maintain the public health, safety, and general welfare:  We believe that this development will promote public health, safety, and general welfare because 1) the existing church and school uses are not changing, and 2) the improved vehicular circulation pattern at the Fordham Boulevard/Mason Farm Road/Carmichael Street Intersection.
  2. Maintain or enhance the value of contiguous property, or be a public necessity:  We believe that the proposed expansion of existing uses and their general location on this site will be compatible with uses on contiguous property.
  3. Conformance to the Comprehensive Plan:  We believe the St. Thomas More Church and School conforms to the Comprehensive Plan.  The project is consistent with the Land Use Plan as well as the R-5-Conditional zoning district. 

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, and that the proposed development complies with the required regulations and standards of the Land Use Management Ordinance and the Comprehensive Plan.

 

SUMMARY

 

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. Our preliminary recommendation is that the Council could make the finding necessary in order to approve the proposed modification to the St. Thomas More Master Land Use Plan.

 

Our preliminary recommendation is 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. Staff Report (p. 5).
  2. Resolutions: Resolution A, Approving the Application and Resolution B, Denying the Application (p. 9).
  3. Applicant’s Materials, Including: [695 KB pdf] (p. 12).
    1. Statement of Justification for Master Land Use Plan Modification
    2. Proposed Master Land Use Plan, Site Plan
    3. 1996 Master Land Use Plan Approval
    4. Traffic Impact Analysis Summary
    5. Area Map
  4. Correspondence From Others, Including: [2.3 MB pdf] (p. 34).
    1. Advisory Board Summaries of Action
    2. General Information Regarding Representation at Quasi-Judicial Hearings