AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment, Implementation of Legislative Changes Regarding Reservation of School Sites
DATE: January 19, 2005
This Public Hearing has been called to consider changes to the Land Use Management Ordinance regarding implementation of recent legislative changes for reservation of school sites. This report provides a discussion of the proposed changes.
BACKGROUND
In the most recent session of the N.C. General Assembly, a local bill was enacted that adjusts Chapel Hill’s ability to designate potential school sites on the Town’s Land Use Plan. Once sites are designated on the Land Use Plan, processing of an application for development on any of those sites may be deferred at the request of the Chapel Hill-Carrboro School Board. The purpose of the reservation period is to give the School Board time to acquire the site from the property owner.
The main impact of the most recent legislative change is to allow an extension of the time for deferral in some circumstances from 12 months to 18 months. The local legislation that was enacted by the General Assembly allows a change in the time period from 12 months to 18 months for Special Use Permit, Special Use Permit Modification, and Site Plan Review applications. The Subdivision provisions in State Law already allow reservation of school sites for an 18 month period.
DISCUSSION
Implementation of this adjusted legislative authority would require an amendment to Chapel Hill’s Land Use Management Ordinance.
If the Council enacts ordinance amendments to implement the new legislative language, we also recommend scheduling a Public Hearing to re-designate sites on the Town’s Land Use Plan so that the enhanced ordinance language can become operational.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board reviewed the proposal on December 7, 2004, and voted 9-0 to recommend enactment of the attached Ordinance. Please refer to the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We recommend that the Town Council enact the attached Ordinance to change the Land Use Management Ordinance provisions for reservation of school sites to allow a deferral from 12 months to 18 months in the case of Special Use Permit, Special Use Permit Modification, and Site Plan Review applications.
We also recommend that the Council adopt the attached Resolution to call a Public Hearing for the purpose of considering amending Chapel Hill’s Comprehensive Plan to re-designate potential school sites on Chapel Hill’s Land Use Plan. Once the Land Use Plan has been amended the new ordinance language regarding reservation of school sites can become operational.
ATTACHMENTS
ORDINANCE
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to CHANGE THE TIME PERIOD FOR RESERVATION OF SCHOOL SITES IN SECTIONS 4.5.8 and 4.7.8
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; and
WHEREAS, the time period designated for reservation was recently lengthened;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“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 18 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 18 months, the owner may treat the land
as freed of the reservation.”
“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
18 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 18 months, the
owner may treat the land as freed of the reservation.”
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 ___ day of ____, 2005.
RESOLUTION
A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND THE COMPREHENSIVE PLAN TO RE-DESIGNATE POTENTIAL SCHOOL SITES ON CHAPEL HILL’S LAND USE PLAN
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a Public Hearing for April 18, 2005, for the purpose of considering amending Chapel Hill’s Comprehensive Plan to re-designate potential school sites on Chapel Hill’s Land Use Plan so that recent Ordinance language amendments which implement legislative changes regarding reservation of school sites can become operational.
This the ____ day of _____________, 2005.