AGENDA #2a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing and Action: Revised Memorandum of Understanding for Schools Adequate Public Facilities Ordinance
DATE: June 23, 2003
Tonight’s Public Hearing has been called to consider a revised Memorandum of Understanding among Chapel Hill, Carrboro, and Orange County to implement a Schools Adequate Public Facilities Ordinance. A resolution is attached that would approve the revised Memorandum, and also an Addendum to the Memorandum.
BACKGROUND
Approximately five years ago, at the suggestion of the Orange County Board of Commissioners, a “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, the Orange County Board of Commissioners, and representatives from the two school systems operating in Orange County.
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 included two pieces: A proposed Memorandum of Understanding and a draft Ordinance.
Orange County has taken the lead on this proposal. The County held a Public Hearing for consideration of a set of proposed regulations on November 27, 2000, and transmitted the Memorandum of Understanding and Draft Ordinance to the other boards for review.
The Memorandum of Understanding and the Draft Ordinance have been under discussion and revision since this original Public Hearing. Discussions led to action by the Chapel Hill Town Council in March, 2002, to endorse the Memorandum of Understanding (the first government to do so). A copy of the adopted Memorandum of Understanding is attached (Attachment 4). Carrboro followed with a qualified endorsement, seeking several key changes to the document. Discussions followed, and on February 10, 2003, the Chapel Hill Town Council re-adopted the Memorandum of Understanding (with the changes proposed by Carrboro and Orange County). On February 10, 2003 the Council also enacted a Schools Adequate Public Facilities Ordinance (as a new Section 5.16 of the Land Use Management Ordinance). Please see Attachment 5. A key feature of the ordinance enactment was the following language: “That this ordinance shall become effective upon adoption of similar regulations by Carrboro and Orange County, upon adoption of a Memorandum of Understanding by Carrboro, Orange County and the School District, and upon certification by the School District of adequate school capacity.” A copy of minutes from the February 10, 2003 Council meeting is attached.
REVISIONS TO MEMORANDUM OF UNDERSTANDING
A significant by-product of delays in implementing this new system is that high school enrollment is now approaching the capacity thresholds specified in the original Memorandum of Understanding. If the Schools Adequate Public Facilities Ordinance system were put in place now, as originally proposed, it is likely that an almost immediate moratorium on residential development would follow, due to over-capacity at the high school level. Discussions have been ongoing between the Chapel Hill-Carrboro City Schools and the Orange County Board of Commissioners, to reach agreements on a site for a third high school.
Accordingly the County Attorney has advised that, in order to put an Adequate Public Facilities Ordinance system in place now in a manner that does not result in an immediate moratorium, limitations based on high school capacity should be removed until the third high school is opened. A revised Memorandum of Understanding has been prepared along these lines, and is attached here for consideration (Attachment 1). In addition to the revised Memorandum of Understanding, the County has also offered an Addendum which outlines the situation related to high school capacity. That Addendum appears as Attachment 2. Explanation of these materials is included in a correspondence from the County Attorney (Attachment 3).
RECOMMENDATION
We continue to believe that this new process will be an important part of Chapel Hill’s growth management system, and continue to recommend that the process be put in place. An ordinance has already been enacted as part of Chapel Hill’s Land Use Management Ordinance (although the effective date has not been triggered). We believe that no changes are necessary to the ordinance that has been enacted; we believe that the high school capacity issue is adequately covered by language in the Memorandum of Understanding.
We recommend that the Council approve the adjusted language that has been prepared, to revise the Memorandum of Understanding. We also recommend that the Council approve the proposed Addendum to the Memorandum of Understanding that has been offered by the Orange County Attorney. Adoption of the attached resolution would approve both documents.
We note that implementation of this system will begin once all parties to the Memorandum of Understanding have approved and executed the Memorandum, and all parties have enacted corresponding ordinances.
ATTACHMENTS
1. Proposed Revised Memorandum of Understanding (p. 5).
2. Proposed Addendum to Memorandum of Understanding (p. 15).
3. Memorandum from Orange County Attorney (p. 18).
4. Memorandum of Understanding adopted by the Chapel Hill Town Council in March, 2002 (p. 20).
A RESOLUTION ADOPTING A REVISED SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE MEMORANDUM OF UNDERSTANDING, AND AN ADDENDUM TO THAT MEMORANDUM OF UNDERSTANDING (2003-06-23/R-1)
WHEREAS, the Chapel Hill Town Council has adopted a Memorandum of Understanding and enacted an ordinance, both designed to initiate Chapel Hill’s participation in a countywide Schools Adequate Public Facilities Ordinance system; and
WHEREAS, the Orange County Attorney has advised that the Memorandum of Understanding be amended to remove development constraints related to high school capacity until a new, third high school is opened in the Chapel Hill-Carrboro School District; and
WHEREAS, the Council finds that its enacted ordinance can remain intact, and that the high school capacity issue can be addressed with changes to the Memorandum of Understanding and adoption of a new Addendum to the Memorandum of Understanding;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a Revised Memorandum of Understanding and an Addendum to the Memorandum of Understanding, as presented in the Town Manager’s memorandum of June 23, 2003.
This the 23rd day of June, 2003.