AGENDA #4s
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Reservation of School Sites
DATE: June 23, 2003
The attached resolution would call a public hearing for September 15, 2003, on an amendment to the Town’s Land Use Management Ordinance to reserve identified school sites which are the subject of proposed site plan or special use permit development applications.
The resolution would also direct the Manager to contact the Chapel Hill-Carrboro City Schools and begin the process to identify or confirm school sites on the Town’s Comprehensive Land Use Plan.
These steps would allow sites proposed for site plan or special use permit development to be reserved in a manner similar to how sites can now be reserved when subdivisions are proposed.
BACKGROUND
On May 12, 2003, the Council received a report from the Manager and Attorney in response to a petition from the Chapel Hill-Carrboro School Board pertaining to the reservation of school sites subject to development proposals. Attachment 1 is a copy of that report. As explained in that report, under current State Law and Town Ordinances, land identified as potential school sites may be reserved for a limited period of time if the development being proposed is a subdivision, but not if the development is in some other form, such as a special use permit. The purpose of the reservation period is to give the School Board time to acquire the site from the property owner.
The Council directed the Manager to contact the Town’s legislative delegation to determine whether legislation could be considered to modify the current law and authorize reservation of school sites that are on locations subject to development in ways other than as subdivisions.
DISCUSSION
On May 13, the Manager contacted Representative Joe Hackney regarding this matter. In response to Representative Hackney’s request, a draft of a local bill was prepared by the Town Attorney and forwarded to Representative Hackney on May 15.
The proposed legislation was submitted as an amendment to a previously-introduced local bill about Carrboro sprinklers.
Attachment 2 is a copy of the bill as it was worded as of June 19. Attachment 3 is a copy of the Bill History showing it has passed both houses. The Bill History indicates that the Senate on June 18 concurred in the version of the bill that passed the House. Thus, it appears likely that the legislation will be formally enacted into law.
RECOMMENDATION
Final enactment of this legislation may not occur prior to the June 23 meeting of the Town Council. However, because of the Council’s upcoming summer recess, we recommend that the Council tonight adopt the attached resolution to direct the Manager to communicate and work with the school system to implement the authority provided by this legislation. The resolution would also call a public hearing for September 15, 2003, to enact an amendment to the Land Use Management Ordinance to implement this new zoning authority. If the legislation is not enacted into law this year, we would defer further work on the proposed Ordinance amendment.
ATTACHMENTS
A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE LAND USE MANAGEMENT ORDINANCE TO IMPLEMENT THE AUTHORITY PROVIDED BY SENATE BILL 494 PERTAINING TO RESERVATION OF SCHOOL SITES AND DIRECTING THE MANAGER TO WORK WITH THE SCHOOL SYSTEM TO IMPLEMENT THAT AUTHORITY (2003-06-23/R-17.1)
WHEREAS, Senate Bill 494 of the 2003 Session of the General Assembly would authorize the Town to enact zoning regulations to reserve school sites on property proposed for site plan or special use permit development;
NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for September 15, 2003, to consider an amendment to the Town’s Land Use Management Ordinance to implement the authority provided by this legislation;
BE IT FURTHER RESOLVED that the Manager is directed to contact and work with the Chapel Hill Carrboro School System on the steps necessary to implement the provisions of this legislation and the proposed amendments to the Land Use Management Ordinance.
This the 23rd day of June, 2003.