AGENDA #11

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Reservation of School Sites: Land Use Management Ordinance Text Amendment

DATE: September 22, 2003

The attached ordinance would enact changes to regulations in Chapel Hill’s Land Use Management Ordinance regarding reservation of school sites in accordance with legislation enacted during the 2003 Session of the General Assembly.

BACKGROUND

On May 12, 2003, the Council received a report from the Manager and Attorney in response to a petition from the Chapel Hill-Carrboro School Board pertaining to the reservation of school sites. Prior to June 19, 2003, under State Law and Town ordinances, land identified as potential school sites could be reserved for a limited period of time if the development being proposed was a subdivision, but not if the development was proposed in some other form, such as a Site Plan Review or a Special Use Permit. The purpose of the reservation period is to give the School Board time to acquire the site from the property owner. A copy of a map identifying the potential school sites reserved in accordance with the subdivision provision is attached.

The Council directed the Manager to contact the Town’s legislative delegation to determine whether legislation could be considered to modify the current law and authorize reservation of school sites that are on locations subject to development in ways other than as subdivisions.

On May 13, the Town Manager contacted Representative Joe Hackney regarding this matter. In response to Representative Hackney’s request, a draft of a local bill was prepared by the Town Attorney and forwarded to Representative Hackney on May 15.

The legislation was submitted as an amendment to a previously-introduced local bill. Attachment 1 is a copy of the law as it was enacted.

On June 23, 2003, the Town Council adopted a resolution calling a Public Hearing for September 15 to consider a text amendment to the Land Use Management Ordinance to allow reservation of identified school sites which are the subject of proposed Site Plan Review or Special Use Permit development applications. The resolution further directed the Town Manager to contact and work with the Chapel Hill-Carrboro School System on the steps necessary to implement the provisions of this legislation. The legislation requires that the designated sites be adopted on the Land Use Plan.

DISCUSSION

Presently, the Land Use Management Ordinance contains the following provisions regarding reservation of school sites when a subdivision application is involved:

“Section 4.6.13 Reservation of School Sites

Whenever a subdivision application is submitted for approval which includes part or all of a school site designated to be reserved in the Comprehensive Plan, the Town Manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the Board shall promptly decide whether it wishes the site to be reserved. If the Board does not wish to reserve the site, it shall so notify the Town Manager and no site shall be reserved. If the Board does wish to reserve the site, the subdivision shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The Board shall then have 18 months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board has not purchased or begun proceedings to condemn the site within 18 months, the owner may treat the land as freed of the reservation.”

We believe this new legislation can be incorporated into the Land Use Management Ordinance with the following new language:

1. Addition of a New Section in the Special Use Permit Section of the Ordinance:

“4.5.8 Reservation of School Sites

Whenever a Special Use Permit or Special Use Permit Modification application is submitted for approval which includes part or all of a school site designated to be reserved in the Comprehensive Plan, the Town Manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the Board shall promptly decide whether it wishes the site to be reserved. If the Board does not wish to reserve the site, it shall so notify the Town Manager and no site shall be reserved. If the Board does wish to reserve the site, the Special Use Permit or Special Use Permit Modification shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The Board shall then have 12 months beginning on the date of final approval of the Special Use Permit or Special Use Permit Modification within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board has not purchased or begun proceedings to condemn the site within 12 months, the owner may treat the land as freed of the reservation.”

2. Addition of a New Section in the Site Plan Review Section of the Ordinance:

“4.7.8 Reservation of School Sites

Whenever a Site Plan Review application is submitted for approval which includes part or all of a school site designated to be reserved in the Comprehensive Plan, the Town Manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the Board shall promptly decide whether it wishes the site to be reserved. If the Board does not wish to reserve the site, it shall so notify the Town Manager and no site shall be reserved. If the Board does wish to reserve the site, the Site Plan Review shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The Board shall then have 12 months beginning on the date of final approval of the Site Plan Review application within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board has not purchased or begun proceedings to condemn the site within 12 months, the owner may treat the land as freed of the reservation.”

NEXT STEPS

If this language is added to the Land Use Management Ordinance, the next step would be for the Town to invite the School Board to identify sites for designation on the Land Use Plan. If the School Board identifies sites, then property owners as well as the abutting property owners would be notified and a process would commence to amend the Land Use Plan. The process would include review by the Planning Board and a Public Hearing before the Town Council.

ISSUES RAISED AT HEARING

Mr. John McCormick, attorney for the Chapel Hill-Carrboro City Schools Board of Education and speaking for the Board, expressed the Board’s support for the proposed ordinance change. Mr. McCormick also asked for consideration of an 18-month deferral period for review of Special Use Permit and Site Plan Review applications, rather than the 12 months specified in the proposed changes. Mr. McCormick noted that current deferral provisions, for subdivision applications, specify an 18-month period.

We responded at the Hearing that the Town Council had asked for an 18-month period when it requested that the NC General Assembly enact legislation authorizing such deferral for Special Use Permit and Site Plan Review applications. The 18-month deferral period for subdivisions is General Law, applicable state-wide. The draft local legislation forwarded for consideration would have authorized an 18-month deferral period for Special Use Permit and Site Plan Review applications. The legislation enacted authorizes a delay for Special Use Permit and Site Plan applications of up to 12 months. In response to a follow-up question, we noted that the Council could ask again for 18-month deferral authority at the next session of the NC General Assembly.

RECOMMENDATIONS

Planning Board Recommendation: The Planning Board discussed the proposed text amendment on September 2, 2003, and voted 9-0 to recommend approval. Please see the attached Summary of Planning Board Action.

Manager’s Recommendation: We recommend that the Town Council enact the attached Ordinance which would add Sections 4.5.8 and 4.7.8 to the Land Use Management Ordinance to allow reservation of school sites in accordance with legislation enacted during the 2003 Session of the General Assembly.

ATTACHMENTS

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ALLOW RESERVATION OF SCHOOL SITES IN SECTIONS 4.5.8 and 4.7.8 (2003-09-22/O-4)

WHEREAS, Senate Bill 494 of the 2003 Session of the General Assembly authorized the Town to enact zoning regulations to reserve school sites on property proposed for Site Plan Review or Special Use Permit development;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Article 4 of the Chapel Hill Land Use Management Ordinance is hereby amended by adding a new Section 4.5.8 to read as follows:

“4.5.8 Reservation of School Sites

Section 2. Article 4 of the Chapel Hill Land Use Management Ordinance is hereby amended by adding a new Section 4.7.8 to read as follows:

“4.7.8 Reservation of School Sites

Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 4. That these amendments shall become effective upon adoption.

This the 22^nd day of September, 2003.