AGENDA #8a

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Update on Land Use Plan Amendment to Identify the Locations of Potential School Sites

DATE: September 7, 2004

This memorandum provides new information following the deferral of this matter from the Town Council meetings of June 14 and June 30, 2004.

The attached Resolution A 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, with the exception of potential site 1 (Legion Road) pending further consideration of that site (Manager’s Recommendation).

The attached Resolution B 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.

The attached Resolution C would defer consideration of the entire list of potential sites until October 27, 2004.

This memorandum is Part A of a two part item on this agenda. Part B would initiate changes to the Land Use Management Ordinance to reflect recent changes in State enabling legislation.

BACKGROUND

On June 14, 2004, the Town Council deferred consideration of the requested Land Use Plan amendment in order to allow the American Legion to meet with the Board of Education and review its inclusion of the American Legion property on the list of potential school sites for identification on the land use plan (see Attachment 1).

On June 30, 2004, the Town Council further deferred consideration as the Board of Education was unable to consider the American Legion request until the Board meeting of July 15, 2004 (see Attachment 2).

On July 15, 2004, the Chapel Hill - Carrboro Board of Education heard representatives of the American Legion Post at their meeting (Attachment 3). On July 30, 2004, the School System responded to the American Legion Post representations. The letter states the Board’s decision to affirm the action taken December 18, 2003, and thereby leave the American Legion property on the potential school sites list (Attachment 4).

More recently, staff of Chapel Hill-Carrboro City Schools have advised that discussions about the identification of potential site 1 (Legion Road) are continuing with the property owners. The City Schools staff requests that the Town Council defer its consideration regarding that potential site at this time.

DISCUSSION

In order to allow the School System additional time to have further discussions with the owners, we recommend that the Town Council act on the requested Land Use Plan amendment with the exception of site 1 (Legion Road). This action would protect the other potential school sites requested by the Board of Education for designation on the Land Use Plan.

We note that local legislation was recently adopted by 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. Part B of this agenda item sets out the process for making a text amendment to the Land Use Management Ordinance to formalize this change.

RECOMMENDATION

We offer the Council three options at this time. The Manager recommends adoption of Resolution A.

Resolution A would amend the 2000 Land Use Plan as shown on Map 2 Option A to add sites to the Plan and delete sites from the Plan requested by the Chapel Hill-Carrboro Board of Education as set out in its letter of January 8, 2004, with the exception of potential site 1 (Legion Road). Action on the Legion Road site would be deferred until October 27, 2004.

Resolution B would amend the Town’s 2000 Land Use Plan as shown on Map 2 Option B to add sites to the Plan and delete sites from the Plan requested by the Chapel Hill-Carrboro Board of Education in its letter of January 8, 2004.

Resolution C would defer consideration of the entire list of potential sites until October 27, 2004.

Advisory board recommendations are attached (please see Attachment 1).

MAPS

ATTACHMENTS

RESOLUTION A

(Approving the Land Use Plan amendment without Site 1 Legion Road)

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-09-07/R-13a)

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; and

WHEREAS, on January 8, 2004, the Chapel Hill-Carrboro Board of Education requested an amendment to the Land Use Plan;

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 Option A attached to this memorandum to add sites to the Plan and delete sites from the Plan without potential site 1 (Legion Road) shown on Map 1.

BE IT FURTHER RESOLVED that the Council defers consideration of further amending the 2000 Land Use Plan as shown on Map 1 for potential Site 1 (Legion Road) until October 27, 2004.

This the 7th day of September, 2004.

RESOLUTION B

(Approving the Land Use Plan Amendment as requested 1/8/04)

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-09-07/R-13b)

WHEREAS, on January 8, 2004, the Chapel Hill-Carrboro Board of Education requested an amendment to the Land Use Plan;

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 3 Option B attached to this memorandum to add sites to the Plan and delete sites from the Plan.

This the 7th day of September, 2004.

RESOLUTION C

(Deferring consideration of the Land Use Plan amendment)

A RESOLUTION DEFERRING CONSIDERATION OF AN AMENDMENT TO THE 2000 LAND USE PLAN CONCERNING SCHOOL SITES (2004-09-07/R-13c)

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 to the Chapel Hill-Carrboro Board of Education on July 15, 2004;

WHEREAS, the Council desires to give the Chapel Hill-Carrboro Board of Education additional time for discussions with property representatives;

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 until October 27, 2004.

This the 7th day of September, 2004.