AGENDA #5b
TO: Mayor
and Town Council
FROM: Ralph D. Karpinos, Town Attorney
SUBJECT: Schools Adequate Public Facilities
Ordinance
DATE: June
11, 2001
The purpose of this memorandum is to provide the Council an update on the
Schools Adequate Public Facilities Ordinance.
Based on the information contained in this memorandum, I do not believe
it will be possible to have an Ordinance that the Council can consider adopting
prior to the summer recess.
On May 7, 2001, the Council considered a report from the Manager and
Attorney on proposed next steps for consideration of the Schools Adequate
Public Facilities Ordinance. As
directed by the Council at that meeting, the Town Attorney wrote a letter to
attorneys representing the other public bodies involved in this project
describing the concerns raised during the Council’s recent discussions. A copy of that Agenda Memorandum and letter
are attached.
On June 5, attorneys and staff representing Orange County, Chapel Hill,
Carrboro and the Chapel Hill-Carrboro School District met to consider the
issues raised in the Town Attorney’s letter and other issues from other
jurisdictions. Based on the staff
discussions at that meeting it appears that :
1.
The issue
raised by the Town Council regarding the Certificates of Adequacy of Public
Schools Facilities (CAPS) being issued later in the development review process
can be addressed by an amendment to the proposed ordinance.
2.
An amendment
can also be drafted to set a more certain time limit on a CAPS once it has been
issued. This would be in response to
the concern raised by the Council regarding a single developer holding on to a
large segment of capacity and precluding other applications. However, the staff expressed both legal and
practical concerns with language that would limit the actual number of CAPS
that could be issued to any particular applicant.
3.
These two
changes are substantial enough to necessitate additional notice and opportunity
for comment at a public hearing prior to enactment by the Town Council of the
revised ordinance. This conclusion is
based on North Carolina Statutes and Court decisions and appeared to be agreed
to by the attorneys at the meeting who indicated their views on the issue.
4.
There are other
issues in the Ordinance and Memorandum of Understanding about which the staff
of the different public bodies currently appear to have differing
understandings. These issues primarily
appear to relate to what stage proposed school development must be in before a
CAPS can be issued based on that capacity.
Following the meeting of the staff representatives, the participants
agreed to meet again to work on the remaining issues that were raised at the
June 5 meeting and any others that might arise. As of the time of this
memorandum was prepared that meeting had not been scheduled. Proposed language addressing the Council’s
concerns listed in 1 and 2 above will be considered at that meeting.
In meantime, the Joint Schools and Land Use Councils meeting is scheduled
for Wednesday, June 13. County Planning
Director Craig Benedict will present an update on this matter to that group.
1.
May 7, 2001
Memorandum (p. 3).
2.
May 8, 2001
letter from Ralph Karpinos (p. 7).