AGENDA #4b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Schools Adequate Public Facilities Ordinance - Calling Public Hearing
DATE: December 9, 2002
The attached resolution would call a Public Hearing on a proposed Schools Adequate Public Facilities Ordinance for January 22, 2003.
BACKGROUND
The Chapel Hill Town Council has been supporting efforts to establish an Adequate Public Facilities Ordinance that would link development approvals with school capacity. The Council has been represented on a countywide Schools and Land Use Council (current representatives are Council Members Jim Ward and Edith Wiggins).
In February 2002, the Schools and Land Use Council released two documents: a draft Memorandum of Understanding and a model ordinance. The proposal called for all parties who would be involved in implementation of an Adequate Public Facilities Ordinance to approve the Memorandum of Understanding: Orange County, Carrboro, Chapel Hill, Chapel Hill-Carrboro City Schools, Hillsborough, and Orange County Schools. Following approval and execution of the Memorandum of Understanding, the parties with land use authority (Orange County, Carrboro, Chapel Hill, and Hillsborough) would be asked to enact ordinances implementing the system.
On April 8, 2002, the Chapel Hill Town Council voted to approve the Memorandum of Understanding. The Chapel Hill-Carrboro Board of Education also approved the Memorandum. Carrboro approval followed, with conditions (a copy of the Carrboro resolution is attached). The Schools and Land Use Council met over the summer and fall, to continue discussions.
The Memorandum has been approved by Hillsborough, but the Orange County School Board approved only an early, superceded version and has expressed reservations about the current proposal. In October, the Schools and Land Use Council resolved to pursue an Adequate Public Facilities Ordinance for the southern portion of Orange County first, for the area within the Chapel Hill-Carrboro School District. A proposed implementation schedule was presented at an October 30, 2002 Assembly of Governments meeting, suggesting implementation by February, 2003.
NEXT STEPS
The Orange County Board of Commissioners has this item on its December 10 agenda. If the Board approves the Memorandum of Understanding at that time, identical wording will have been approved by Orange County, Carrboro, Chapel Hill, and the Chapel Hill-Carrboro School Board. This would set the stage for Chapel Hill, Carrboro, and Orange County each to enact similar ordinances, as amendments to their respective zoning regulations. Once all three ordinances are so enacted, an effective date could follow and implementation could begin.
We suggest that, if the Board of Commissioners approves the Memorandum of Understanding on December 10, the Chapel Hill Town Council pursue consideration of an ordinance as follows:
· Consideration of Ordinance by Planning Board on January 7
· Consideration of Ordinance at Council Public Hearing on January 22
· Consideration of Enactment of Ordinance on February 10
· Possible Effective Date of Ordinance on March 1, 2003.
OPERATION OF SYSTEM
A copy of the Memorandum of Understanding is attached. It would operate as follows: After the effective date, any residential development approved by the Town Council (Subdivision or Special Use Permit), would contain a condition of approval stating that no Certificates of Occupancy would be issued unless the development first obtains a Certificate of Adequate Public Schools. The Certificate would be issued by Chapel Hill-Carrboro City Schools, upon application by a developer, if numbers indicate that adequate school capacity would exist at all levels (elementary, middle, and high school) at the time that the approved dwelling units are projected to be occupied.
RECOMMENDATION
We recommend that the Council adopt the attached resolution, scheduling a Public Hearing on a Schools Adequate Public Facilities Ordinance for January 22, 2003, and requesting that the Planning Board make a recommendation on this proposed ordinance at its meeting on January 7, 2003. These dates would be contingent on County action on December 10, 2002, to approve a Memorandum of Understanding.
ATTACHMENTS
A RESOLUTION CALLING A PUBLIC HEARING ON A SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE (2002-12-09/R-3)
WHEREAS, the Chapel Hill Town Council approved a Memorandum of Understanding to establish a Schools Adequate Public Facilities Ordinance; and
WHEREAS, a draft ordinance is ready for consideration by the Town Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Public Hearing for 7:00 pm on January 22, 2003, to consider this proposed ordinance.
BE IT FURTHER RESOLVED that the Council requests the Planning Board to consider this proposed ordinance on January 7, 2003, to make recommendation that can be presented to the Council on January 22.
BE IT FURTHER RESOLVED that this schedule is contingent upon approval of the Memorandum of Understanding by the Orange County Board of Commissioners during December, 2002.
This the 9th day of December, 2002.