AGENDA #10
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Land Use Plan Amendment to Identify the Locations of Potential School Sites
DATE: June 14, 2004
This memorandum responds to a request from the Chapel Hill - Carrboro Board of Education for a land use plan amendment to identify the locations of potential school sites on the land use plan in the Town’s Comprehensive Plan (please see Attachment 1).
The attached resolution would amend the Town’s 2000 Land Use Plan to add sites to the Plan and delete sites from the Plan as requested by the Chapel Hill-Carrboro Board of Education in its letter of January 8, 2004 (see also Map 2).
BACKGROUND
The Town of Chapel Hill Comprehensive Plan adopted by the Council on May 8, 2000, designates 5 potential school sites identified by the Chapel Hill - Carrboro Board of Education on the Land Use Plan.
On September 7, 2003, the Chapel Hill - Carrboro Board of Education approved goals for the Chapel Hill - Carrboro City Schools Superintendent which included the following:
“10. Identify at least two additional potential school sites and take initial steps to acquire future school sites.”
The School System reviewed the existing sites identified on the Town of Chapel Hill Land Use Plan, and in collaboration with Orange County environmental resource staff, geographical information systems staff and the Town’s Planning Department, have explored the possibilities of other locations for school sites.
On December 18, 2003, the Board of Education approved the sites listed in Attachment 1 for submission to the Town Council for inclusion on the Land Use Plan and on January 12, 2004, the Town received a formal request to amend the Land Use Plan to show the sites listed. The list includes some sites that are included in the Plan, plus new sites, and deletes some sites which are no longer available. Map 1 shows the location of these sites.
On April 26, 2004, the Town Council scheduled a public hearing date of May 24, 2004, for this requested amendment to the Land Use Plan. The Town Council also referred this proposal to the Planning Board for a recommendation, to other Town advisory boards, and to the Horace Williams Citizens Committee for comment.
On May 18, 2004, the Planning Board considered this request and recommended that the Town Council approve the requested Land Use Plan amendment.
On May 24, 2004, the Town Council held a public hearing for this requested amendment to the Land Use Plan. Site descriptions are set out in Attachment 2.
PUBLIC HEARING
Two comments were received at the public hearing:
1. A representative of the owner of potential site 2 (Eubanks Road) provided an e-mail message (please see Attachment 3) which advocated that the site should not be identified for two main reasons:
· The owners are planning to submit a concept plan to the Town this summer for a mixed-use development.
· The high market value of the property.
2. A representative of the owners of potential site 4 (Weaver Dairy Road, adjacent to the Chapel Hill North Shopping Center) spoke at the hearing (please also see letter in Attachment 4) and advocated that the site should not be identified for the following reasons:
· The site is identified on the Comprehensive Plan for mixed-use development. Residential development should be provided to complement the existing office and commercial uses in this location and realize the Town’s vision.
· The site has a high tax value.
· After Town Council approval of a Special Use Permit, designation would impose a 12 month delay which would be a cost to a developer.
DISCUSSION
With regard to the concerns raised by the owners of sites 2 and 4, the Land Use Management Ordinance provides that the Board of Education be immediately notified by the Town Manager when an application is received and that the Board of Education “shall promptly decide whether it wishes the site to be reserved.”
The Land Use Management Ordinance states in Section 4.5.8 Reservation of School Sites that:
“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.”
Section 4.7.8 makes the same provision in the case of applications for Site Plans and Section 4.6.13 makes a similar provision in the case of applications for subdivisions except that purchase and condemnation proceedings shall begin within 18 months. [We note that local legislation is pending in the General Assembly to change the time period from 12 months to 18 months for special use permits, special use permit modifications, and site plans.]
The 12 or 18 months time period is only relevant if the Board of Education decides to reserve a site. We believe that if the site is too expensive for the Board of Education this decision can be made promptly while the application is under consideration by the Town.
As the number of larger undeveloped parcels of land diminish, the application of these provisions of the Land Use Management Ordinance would safeguard opportunities for obtaining school sites within the Town’s Urban Services Area. We believe that until such time as development applications are submitted to the Town Council, it is reasonable to retain flexibility and safeguard the sites identified by the Board of Education as potential school sites. The Board of Education can then decide if it wishes to reserve a site.
Map 2 shows the recommended revisions on the 2000 Land Use Plan adopted by the Town Council on May 8, 2000. This map also removes the Rashkis Elementary School site in Meadowmont as a potential school site because the school is now completed.
RECOMMENDATIONS
Planning Board Recommendation: On May 18, 2004, the Planning Board voted 7-0 to recommend that the Council approve the requested Land Use Plan amendment (please see Attachment 5).
Transportation Board Recommendation: On May 18, 2004, the Transportation Board voted 5-0 to recommend that the Council approve the requested Land Use Plan amendment. The Board also suggested 3 other sites for the Board of Education to investigate (please see Attachment 6).
Community Design Commission Recommendation: On May 19, 2004, the Commission voted
9-0 to approve the requested Land Use Plan amendment (please see Attachment 7).
Horace Williams Citizens Committee Recommendation: On May 20, 2004, the Committee voted 15-0 to reserve school sites within the 25% proposed development at Carolina North (the Horace Williams Tract) and secure financial commitment from the University to build schools needed to meet the additional demand for pre-kindergarten through high school at a minimum (please see Attachment 8).
Bicycle and Pedestrian Advisory Board Recommendation: On May 25, 2004, the Board voted 7:0 to recommend that the Council approve the requested Land Use Plan amendment. The Board also suggests that the Board of Education include access for pedestrians and bicyclists in criteria for evaluating potential school sites (please see Attachment 9).
Greenways Commission Recommendation: On May 26, 2004, the Commission voted 5-0 to adopt the amendment as proposed (please see Attachment 10).
The following boards advised they had no comment: Historic District Commission, Parks and Recreation Commission, and the Library Board of Trustees (please see Attachments 11-13).
Manager’s Recommendation: We recommend that the Council amend the 2000 Land Use Plan as shown on Map 2 to add sites to the Plan and delete sites from the Plan as requested by the Chapel Hill-Carrboro Board of Education as set out in its letter of January 8, 2004.
Several of the advisory boards made observations which may be useful to the Board of Education and we recommend that they be forwarded to the Board of Education for information and consideration.
MAPS
ATTACHMENTS
A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-06-14/R-24)
WHEREAS, the Town of Chapel Hill Comprehensive Plan adopted by the Council on May 8, 2000, designates 5 potential school sites identified by the Chapel Hill - Carrboro Board of Education on the Land Use Plan; and
WHEREAS, on September 22, 2003, the Town Council adopted Sections 4.5.8 and 4.7.8, Reservation of School Sites, as modifications to the Land Use Management Ordinance which extends the scope of reservation for school sites by the Chapel Hill - Carrboro Board of Education to other forms of development requiring approval as Site Plans, Special Use Permits or Special Use Permit modifications;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the 2000 Land Use Plan as shown on Map 2 attached to this memorandum to add sites to the Plan and delete sites from the Plan as requested by the Chapel Hill-Carrboro Board of Education as set out in the letter from the Chapel Hill – Carrboro City School System, dated January 8, 2004.
BE IT FURTHER RESOLVED that the Council requests that the Town Manager forward the observations and comments received from Chapel Hill advisory boards to the Board of Education for information and consideration.
This the 14th day of June, 2004.