AGENDA #4s

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Deferring Consideration of an Amendment to the Land Use Plan for Designating School Sites

 

DATE:             June 30, 2004

 

 

The attached resolution would defer consideration of this item until the Council’s September 7, 2004 meeting.

 

BACKGROUND

 

The Town Council held a public hearing on a request from the Chapel Hill-Carrboro Board of Education to designate additional schools sites and remove school sites from the Town’s 2000 Land Use Plan on May 17, 2004.

 

At the Council’s June 14 meeting, the Council discussed adoption of a resolution which would amend the Town’s Land Use Plan to show the revisions to the schools sites.  The Council heard from representatives of two sites, including representatives from the American Legion property.  The Council decided to defer consideration until June 30 to give the American Legion property representatives an opportunity to discuss their concerns with the Board of Education.

 

DISCUSSION

 

In follow-up phone communication with the School System, we learned that the School Board would meet on Thursday, June 18 and it would not be possible to be on the agenda for that night. We are now working to schedule this item for the Board’s July 15, 2004 meeting.

 

TIMING

 

The prospect of delay raises the question:  “Would the Town/School Board miss any opportunities to designate parcels as potential school sites as a result of delay?”

 

The legislative authority for designating school sites on a Land Use Plan, and the provision authorizing delay in consideration of a development application for any designated site (giving the School Board an opportunity to acquire such site), has a provision that stipulates that such designation shall not apply to a property if the designation occurs after a Subdivision or Special Use Permit application has already been filed.  That provision is an important consideration tonight in the decision of whether or not to delay the Council’s action in designating potential school sites.

 

One of the factors affecting this issue is Chapel Hill’s process, which requires that the Council review a Concept Plan before an application for a major development can be filed.  With one exception (described below), none of the sites requested for designation by the School Board is in the position of having been before the Council for Concept Plan review, but not yet the subject of an application.  The first opportunity for a future Council Concept Plan review would be the Council’s next meeting (September 7).  Accordingly, if the Council were to defer tonight’s recommended action on the Land Use designation until September 7, there would be no opportunities lost (except as described below) because it is not possible that a development application could be submitted for any of the potential school sites (except one) between now and September 7.

 

The one exception is the site at Chapel Hill North that was the subject of a recent petition by Mr. Jack Smyre.  That site has already been to the Council for Concept Plan review, and an application for a Special Use Permit could come in any day.  Again, if a Special Use Permit application is submitted before the Council designates a parcel as a potential school site, the designation does not apply to that development proposal.  In this case, an application has not been submitted, but may be by the time of the Council’s meeting on June 30.  If that occurs, designation of that site as a potential school site will not be applicable to that application.  If an application is not submitted by June 30, that will be the one circumstance where a Council delay might affect the ability of the Council and the School Board to reserve a site (because an application could be submitted between June 30 and September 7).

 

We will update the Council on the status of these matters as part of our presentation on this item at the June 30 meeting.

 

NEXT STEPS

 

Staff is working to assist the American Legion property representatives to schedule an opportunity to discuss their concerns with the School Board, likely to be the July 15, 2004 Board meeting.

 

RECOMMENDATION

 

We recommend the Council adopt the Resolution A, deferring consideration of amending the 2000 Land Use Plan to designate and remove potential school sites to September 7, 2004.

 

We also resubmit the resolution and map considered on June 14, 2004, as alternate resolution B in the event the Council wishes to consider amending the 2000 Land Use Plan tonight.

 

MAPS

 

  1. Location Map (p. 5).
  2. Amendment to 2000 Land Use Plan Map (p. 6).

 

RESOLUTION A

 

A RESOLUTION DEFERRING CONSIDERATION OF AN AMENDMENT TO THE 2000 LAND USE PLAN CONCERNING SCHOOL SITES (2004-06-30/R-14a)

 

WHEREAS, the Town Council is considering a request of the Chapel Hill-Carrboro Board of Education  to designate additional sites on the Town’s 2000 Land Use Plan; and

 

WHEREAS, representatives of the American Legion property expressed concerns to the Town Council on June 14, 2004; and

 

WHEREAS, the Council desires to give the American Legion property representatives an opportunity to express their concerns to the Chapel Hill Board of Education;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers consideration of amending the Town’s 2000 Land Use Plan to designate and remove school sites on the Plan to the Council’s September 7, 2004 meeting.

 

This the 30th day of June, 2004.

 

RESOLUTION B

 

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-06-30/R-14b)

 

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 30th day of June, 2004.