The developer, Mark Gregory of Camden, declined comment on his decision to seek a CUP for single-family dwellings Monday.

The planning board will consider the matter at its March 17 meeting, which will be held at 5:30 p.m. in the Lloyd Andrews City Meeting Hall on Jackson Street.

MaSuki is seeking a CUP from the city to amend the Villages at Cross Creek Planned Unit Development CUP and the Planned Unit Development Zoning Map, which was initially approved by city council in March of 2005 and revised last August.

According to the notice of planning board meeting, the planned unit development includes a total acreage of 182.95 located adjacent to the southern right-of-way of Highway 125 between the intersections of Old Farm and Smith Church roads.

The area which will be under consideration is the 104-acre tract located adjacent to the eastern right-of-way of Cross Creek Parkway at Highway 125.

The planning board, according to the notice, will consider the matter in two parts, the first being a rezoning request for low-density R-12 Residential District from R-40 and B-4 Commercial of one area consisting of 59.20 acres of land and another consisting of 2.0 acres of land.

The notice says the R-12 designation is designed to accommodate single-family dwellings at a minimum lot density of 12,000 square feet and minimum lot width of 75 feet.

City Planning and Development Director Kelly Lasky said this morning the proposal would allow for approximately 200 lots.

The second part of the request is to consider a change in the initially approved configuration of the planned unit development plat mat to further subdivide the property at a density regulated within the R-12 district.

With respect to the requests, the notice says, the requested R-12 district density and lot dimensions are demonstrated as developed along Winterberry Lane.

What is not immediately clear in the matter, Lasky said, is what implications lie ahead in the court proceedings.

The appeal came after Halifax County Senior Resident Superior Court Judge Alma Hinton ruled in January to uphold the action of city council to deny the permit for the proposed apartment complex.

In that ruling Hinton concluded the city's finding of fact in February and August of last year “sufficiently support its decision to deny the conditional use permit requested by the petitioner.”