AGENDA # 4d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Calling a Public Hearing: Development Ordinance Text Amendment for Adequate Public Facilities Provisions for Schools
DATE: December 11, 2000
INTRODUCTION
Adoption of the attached Resolution would call a Public Hearing for Monday, February 19, 2001 to consider an Adequate Public Facilities Ordinance for schools and would refer the proposal to the Planning Board and the Manager for recommendation.
The latest series of Council discussions of Adequate Public Facilities Ordinances began in November of 1998. At that time, the Council asked for a report and possible ordinance language that could be considered at a future public hearing on the topic of Adequate Public Facilities Ordinances.
February 1999 The Town Council considered a staff report on the topic. The February report offered background documents and presented three sample ordinances. The Council called a Public Hearing for May 17, 1999, to consider a set of draft ordinances.
May 17, 1999 The Council considered a set of draft ordinances.
October 18, 1999 The Council held a Public Hearing for additional discussion of alternative draft ordinances that were considered in May 1999.
Meanwhile, on an unrelated but parallel track, approximately three years ago, the Schools and Land Use Council was formed. The purpose of the group was to discuss issues related to school location, school capacity, land use issues and new development proposals. A primary function was that of information sharing. The Schools and Land Use Council is made up of elected representatives from the Chapel Hill Town Council, the Carrboro Board of Aldermen, and the Orange County Board of Commissioners.
From this group, a concern arose that capacity of schools historically has not kept pace with development in our two school districts. The group formed a technical committee to develop a draft, county-wide Schools Adequate Public Facilities Ordinance. The technical committee was made up of attorneys from each jurisdiction as well as the two school systems, the Planning Directors of the three jurisdictions, and the Facility Planners from the two school districts. The technical committee met over the course of a year. The product of the committee has two pieces: A proposed Memorandum of Understanding and the draft Ordinance.
Orange County has taken the lead on the proposal. The County held a Public Hearing for consideration of the new regulations on November 27, 2000 and has transmitted the Memorandum of Understanding and Draft Ordinance to the other boards (copies attached).
THE
PROPOSAL
The attached Memorandum of Understanding is a proposed agreement between the County, the School District, and municipalities of Chapel Hill, Carrboro and Hillsborough supporting this cooperative approach which includes the adoption of the proposed Adequate Public Facilities Ordinance for Schools.
The attached draft Adequate Public Facilities Ordinance for Schools is a development regulation tool which proposes to synchronize new residential development with the availability of school facilities. The draft Ordinance proposes to pace growth by impacting the timing of development to ensure that the growth matches the availability of school facilities as noted in each school districts' Capital Improvement Plans.
RECOMMENDATION
We recommend that the Council adopt the attached Resolution calling a Public Hearing for Monday, February 19, 2001 to consider the draft Memorandum of Understanding and the Development Ordinance text amendment proposal for a Schools Adequate Public Facilities Ordinance. The Resolution also directs the Manager to prepare the proposed text amendment in a form consistent with the Town's Development Ordinance and refers the proposal to the Planning Board and the Manager for recommendation.
Attachments
RESOLUTION
A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE DEVELOPMENT
ORDINANCE FOR A SCHOOL ADEQUATE PUBLIC FACILITIES ORDINANCE (2000-12-11/R-5)
WHEREAS, the Chapel Hill Town Council has expressed concern about the adequacy of school facilities; and
WHEREAS, the Town Council has indicated a desire to consider adopting provisions in the Development Ordinance for school adequate public facility;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, February 19, 2001 to consider amendment to the Development Ordinance.
BE IT FURTHER RESOLVED by the Council that the Council hereby directs the Manager to prepare the proposed text amendment in a form consistent with the Town's Development Ordinance and refers the proposal to the Planning Board and the Manager for recommendation.
This the 11th day of December, 2000.