AGENDA #4h

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Land Use Management Ordinance Text Amendment, Implementation of Legislative Changes Regarding Reservation of School Sites

 

DATE:             February 14, 2005

 

 

Enactment of the attached Ordinance would amend the Land Use Management Ordinance and implement recent legislative changes for reservation of school sites.  Adoption of the attached Resolution would 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.

 

BACKGROUND

 

On January 26, 2005, the Town Council held a Public Hearing to consider 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.  No issues were raised at the Public Hearing.

 

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 only 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 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 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

 

  1. January 19 Memorandum and its related attachments (p. 6).

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  (2005-02-14/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; 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:

 

Section 1.  Section 4.5.8 of the Chapel Hill Land Use Management Ordinance is hereby revised to read 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.”

 

Section 2.  Section 4.7.8 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

 

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 14th day of February, 2005.

 

 


A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND THE COMPREHENSIVE PLAN TO RE-DESIGNATE POTENTIAL SCHOOL SITES ON CHAPEL HILL’S LAND USE PLAN (2005-02-14/R-7)

 

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 14th day of February, 2005.