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HomeMy WebLinkAboutAgenda - 01-21-2003-7bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2003 Action Agenda Item No. ?- b SUBJECT: Schools Adequate Public Facilities Ordinance DEPARTMENT: County Manager/Planning PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): Revised Attachment A w/Addenda - INFORMATION CONTACT: School Adequate Public Facilities John Link or Rod Visser, ext 2300 Ordinance and MOU for the Orange Craig Benedict, ext 2592 County School District and Chapel Hill- Geof Gledhill, 732-2196 Carrboro City Schools Districts TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive public comment on the revised Schools Adequate Public Facilities Ordinance (SAPFO) pursuant to Board of County Commissioners Memorandum of Understanding (MOU) and Model Ordinance approved on December 10, 2002. BACKGROUND: For the past several years, the governing boards of the County, Towns and school systems have been discussing the possible adoption of a School Adequate Public Facilities system. As noted in the MOU, the governing boards recognized the need to work together to ensure that new growth within the County's two school districts occurs at a pace that allows Orange County and the school systems to provide adequate school facilities to serve the children within new developments. It is also important to continue to maintain a Capital Investment Plan (CIP) that is financially feasible and synchronized with historical growth patterns. The Board reviewed and discussed a wide range of documents related to school adequate public facilities at their October 21, 2002 work session, and again at the October 30, 2002 meeting of the Assembly of Governments. The Board further discussed schools adequate public facilities at the November 19, 2002 meeting and then gave approval of the MOU at the December 10, 2002 meeting. The Planning Board had previously recommended approval of the MOU and model ordinance on May 1, 2002. FINANCIAL IMPACT: There is no financial impact directly associated with this discussion. However, decisions that the BOCC and SAPFO partners will make regarding possible implementation of the MOU and Ordinance will have a profound impact on the need for and timing of future school construction in both school districts in Orange County. RECOMMENDATION: The Manager recommends that the Board conduct a public hearing on the SAPFO and return the item to their agenda for action at their February 4, 2003 meeting. ATTACHMENT A Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 RSTFACILITIES SCHOOLS ADEQUATE PUBLIC E UNDERSTANDING MEMORANDUM OF UND This Memorandum of Understanding is entered into this day of the Town of Orange 200_, by and between the Town of , (the "School District"). County, and the WHEREAS, the portion of Orange County, served by the [Chapel Hill/Carrboro] [Orange County] School System has for the past decade been experiencing rapid growth in population; and WHEREAS, this growth, and that which is anticipated, creates a demand for additional school facilities to accommodate the children who reside within new developments; and school facilities WHEREAS, the responsibility for planningCountd School, funding provided primarily with the [Chapel Hill/Carrboro] [Orange y] Sh by Orange County; and WHEREAS, [Chapel Hill, Carrboro, Orange County and the Chapel Hill School District] [Orange County, Hillsborough, and the Orange County School District], have recognized the need to work together to ensure that new growth within the School District occurs at a pace that allows Orange County and the School District to provide adequate school facilities to serve the children within such new developments; WHEREAS, the parties have worked cooperatively and developed a system wherein school facilities are currently adequate to meet the needs of the citizens of the county and will continue to maintain a Capital Investment Plan (CIP) that is financially feasible and synchronized with historical growth patterns; NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: Section 1. The parties will work cooperatively to develop a realistic Capital Improvement Plan for the construction of schools such that, from the effective date of this Memorandum, school membership within each school level (i.e. elementary, middle or high) does not exceed the following: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity a. For purposes of this Memorandum, the term "school membership" means the actual number of students attending school as of November 15 of each year. The figure is determined by considering the number of students enrolled (i.e. registered, regardless of whether a student is no longer attending school) and making adjustments for withdrawals, dropouts, deaths, retentions and promotions. Students who are merely absent from 1 gAcraig\sapfo\nou-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 class on the date membership is determined as a result of sickness or some other temporary reason are included in school membership figures. Each year the School District shall transmit its school membership to the parties to this agreement no later than five (5) school days after November 15. b. For purposes of this Memorandum, "building capacity" will be determined by reference to State guidelines and the School District guidelines (consistent with CIP School Construction Guidelines/policies developed by the School District and the Board of County Commissioners) and will be determined by a joint action of the School Board and the Orange County Board of Commissioners. As used herein the term "building capacity refers to permanent buildings. Mobile classrooms and other temporary student accommodating classroom spaces are not permanent buildings and may not be counted in determining the school districts building capacity. C. Prior to the adoption of the ordinances referenced in Section 2, the parties shall reach agreement on the following: (i) A Capital Improvement Program (CIP) that will achieve the objectives of this Memorandum; (ii) A projected growth rate for student membership within the School District's three school levels during the ten year life of the CIP; (iii) A methodology for determining the projected growth rate for student membership; and (iv) The number of students at each level expected to be generated by each new housing type (i.e., the "student generation rate"). d. After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership. growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a change is necessary to predict growth more accurately. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide a copy of its recommendation to the governing boards of the other parties to this memorandum at the time it provides such recommendation to the Board of Commissioners. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: 2 Q:\craig\sapfo\mou-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1st in any year in which such change is intended to become effective what change was made and why it was necessary. e. The Orange County Board of Commissioners shall provide a copy of the updated CIP to each of the parties to the Memorandum as soon as it is revised, annually or otherwise. Section 2. The towns and the county will adopt amendments to their respective ordinances, in substantially the form attached hereto as Exhibit A, to coordinate the approval of residential developments within the School District with the adequacy of existing and proposed school facilities. Section 3. The following process shall be followed by the School District to receive and take action upon applications for Certificates of Adequacy of Public School Facilities ("CAPS") submitted by persons who are required by an implementing ordinance conceptually similar to that attached received from the town certificates before county becomes the development permission they have effective. a. On February 15th of each year, the School District shall calculate the building capacity of each school level and the school membership of each school level as of November 15th of the previous year. Also on February 15th of each year, the School District shall calculate the anticipated school membership for each school level and the anticipated building capacity for each school level as of November 15th in each of the following ten years. These calculations shall be made in accordance with the provisions of Section 1 and also in accordance with the remaining provisions of this section. 3 a•\rrni a\canfo\mou-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 b. School membership c lculations made on February 15th (utilizing the previous November 15'b data) for each of the ten years following the year in which the calculation is made (the base year) shall be determined by applying the projected school membership growth rates determined in accordance with Section 1 of this Memorandum to the actual school membership numbers of the base year. C. The school building capacity calculations shall be based upon the following: (i) A calculation of the existing building capacity within each school level; (ii) The anticipated opening date of schools under construction; (iii) The anticipated opening date of schools on the ten-year CIP for which funding has been committed by the Board of Commissioners as a result of an approved bond issue, an approved installment purchase agreement, or otherwise; and (iv) The anticipated closing dates of any schools within the School District. d. By comparing the existing and calculated school membership to the existing and calculated school building capacity each year, the School District shall determine what remaining capacity (if any) exists or is projected to exist to accommodate new development. The School District shall make that information known to the local governments within 15 days of the comparison. e. As CAPS are issued for new developments during the course of the twelve month period from February 15th of one year to February 15th of the next year, the School District shall continually reduce the remaining available each of by new the ensuing system wherein school building capacity school years added the students are projected developments for which the CAPS are given during that year. f. When an application for a CAPS is submitted, the School District shall determine the impact on school membership for each school level as calculated on February 15th in each year of the period during which the development is expected to be adding new students to the school system as the result of such new construction. In making this determination, the School District shall rely upon the figures established under Section 1 of this Memorandum as to the number of students at each level expected to be generated by each housing type, and data furnished by the applicable planning department as to the expected rate at which new dwellings within developments similar in size and type to the proposed development are 4 _\?r%i a\canfn\mou-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 likely to be occupied. Notwithstanding the foregoing, if, upon request of the applicant, the planning jurisdiction approving the development imposes enforceable conditions upon the development (such as a phasing schedule) to limit the rate at which new dwellings within the development are expected to be occupied, then the School District shall take such limitations into account in determining the impact of the development on school membership. g. If the School District determines that the projected capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this Memorandum, then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS. h. The School District shall issue CAPS on a "first come first served" basis, according to the date a completed application for a CAPS is received. If projected building capacity is not available and an application for a CAPS is therefore denied, the development retains its priority in line based upon the CAPS application date. Section 4. A CAPS issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. Section 5. The towns and the county will provide to the School District all information reasonably requested by the School District to assist the District in making its determination as to whether the CAPS should be issued. Section 6. The School District will use its best efforts to construct new schools and permanent expansions or additions to existing schools in accordance with the CIP. Section 7. Orange County will use its best efforts to provide the funding to carry out the Capital Improvement Plan referenced in Section 1 above. Section 8. In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; 5 g:\craig\sapfo\mou-final Approved by Schools and Draft completed by l staff 2/48/002 19 b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. Section 9. The parties acknowledge that this Memoranon Understanding deothe parties inten actin to and does not create legally binding obligations accordance with its provisions. Rather, it constitutes a good faith statement of the intent of the parties to cooperate in a manner designed to meet the mutual ict objective of all the parties that the children who level of se1rvl icetstandardslseUtlforth are able to attend school levels that satisfy the herein. 6 2:\craig\sapfo\mou-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 f 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions Exhibit A AN ORDINANCE AMENDING ORANGE COUNTY DEVELOPMENT ORDINANCES TO REQUIRE THAT THE ADEQUACY OF PUBLIC SCHOOL FACILITIES TO ACCOMMODATE NEW DEVELOPMENT BE CONSIDERED IN THE APPROVAL PROCESS WHEREAS, the portion of Orange County served by the Chapel Hill/Carrboro school system and the Orange County school system, have for the past decade been experiencing rapid growth in population; and WHEREAS, this rapid growth, and that which is anticipated, creates a demand for additional school facilities to accommodate the children who reside within new developments; and WHEREAS, the responsibility for planning for and constructing new school facilities lies primarily with the Chapel Hill/Carrboro School Board and Orange County School Board, with funding provided by Orange County; and WHEREAS, Chapel Hill, Carrboro, Orange County and the Chapel Hill/Carrboro School District on the one hand and Orange County, Hillsborough, and the Orange County School District on the other hand have recognized the need to work together to ensure that new growth within the School Districts occur at a pace that allows Orange County and the School Districts to provide adequate school facilities to serve the children within such new developments; and WHEREAS, to implement the Memoranda of Understanding among Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School Board and among Orange County, Hillsborough, and the Orange County School Board, the Board of Commissioners of Orange County desires to provide a mechanism to assure that, to the extent possible, new development will take place only when there are adequate public school facilities available, or planned, which will accommodate such new development; NOW THEREFORE, ORDAINS: Section 1. Section of the adding a new Development Ordinance is amended by to read as follows: ADEQUATE PUBLIC SCHOOL FACILITIES 1. Purpose. The purpose of this ordinance is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be 1 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions expected that adequate public school facilities will be available to accommodate such new development. The Chapel Hill-Carrboro School District and the Orange County School District are each declared an overlay district in order to implement Chapel Hill-Carrboro School District Facilities as prescribed in this [article]. Within the p Overlay District and within the Orange Co?ance School and Orange cCountyl Subdivis on provisions of the Orange County Zoning Ord Regulations which implement the Schools Adequate Public Facilities Ordinance are applicable. 2. Certificate of Adequacy of Public Schools Facilities. (a) Subject to the remaining provisions of this [article], no approval under this ordinance of a subdivision preliminary plat, misubdivision final plat, site nor shall become effecti?e conditional or special use permit for a residential for the unless and until a Certificate of Adequacy of Public Schools Facilities (CAPS) project has been issued by the School District. A CAPS shall not be required for a general use or conditional apps roved, rezoning or for a CAPS amaster land use plan. However, evTe lan r of theg permits plan approvals identified in will nevertheless be required before any subsection (a) of this section shall become effective, whether the CApStwillbe issued. approval of a master plan provides no indication as to The application for rezoning or master plan approval shall contain a statement to this effect. istrict will (c) A CAPS must be obtained from the School District. of School of issue or deny a CAPS in accordance with the provisions Orange County, and the Chapel Hill Understanding among Chapel Hill, Carrboro, Carrboro School District or among Orange County, Hillsborough, and the Orange County School District dated (d) A CAPS attaches to the land in the am y that developmen rote permi ss on attaches to the land. A CAPS may be transferred along with other n the property with respect to which such CAPS is issued, but may not be severed or transferred separately. 3. Service Levels. (a) This section describes the service levels regarded as adequate by the parties to the Memorandum of Understanding described in subsection (b) with respect to public school facilities. (b) As provided in the Memoranda of Understanding among Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro Board of Education and among Orange County, Hillsborough, and the Orange County Board of Education (MOU or MOUs)2 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions adequate service levels for public schools shall be deemed to exist with respect to a proposed new residential development if, given the number of school age children projected to reside in that development, and considering schools, ttihe amiddle dds listed lsh MOU, projected school membership for the elementary and the high school(s) within the Chapel Hill/Carrboro School District and within the Orange County School District will not exceed thefollowing percentages of the building capacities of each of the following three school levels: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity For the period of time beginning the effective date of the ordinances referred to in Section 2 of the MOU among Orange County, Hillsborough and the Orange County Board of Education and terminating on the day on which the third middle school within the Orange County School District is first ended that adequate service levels for determination by the Orange County School public schools exist shall be made as prescribed above but without regard to whether or ding C not projected capacity of the Middle School level exceeds within 10 YaSchool On and after the day on which the third middle school w District is first attended by middle school students, determination by the Orange County the schools exist shall be made only if School District that adequate service levels for public following: projected capacity of each school level does not exceed Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity For purposes of this ordinance, the terms "building capacity" and "school membership" anhdpe Hill, Carrboro, shall have the same meaning attributed in the MOU among among l-Car Orange County Hi lsbo ou Chapel andlthe O range County Bo d of Education. Orange County, ? 4. Expiration of Certificates of Adequacy of Public Schools Facilities. A CAPS issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. 5. Exemption From Certification Requirement for Development with Negligible Student Generation Rates In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted becomes effective, a changes, then before a CAPS must be issued permit authorizing such change of use just as if the development were being constructed initially. 6. Applicability to Previously Approved Projects and Projects Pending Approval. (a) Except as otherwise provided herein, the provisions of this ordinance shall only aPP1Y to applications for approval of subdivision preliminary plats, minor subdivision final plats, site plans and conditional or special use permits that are submitted or approval after the effective date of this ordinance (b) The provisions of this ordinance shall not apply to amendments to subdivision preliminary plats, minor subdivision final plats, site plans, or special or conditional use permit approvals issued prior to the effective date of this ordinance so long as the approvals have not expired and the proposed amendments do not increase the number of dwelling units authorized within the development by more than five percent or five dwelling units, whichever is less. (c) The Board of Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan or conditional or special use permit covers property within a planned unit development or master plan project that was approved prior to the effective date of this ordinance, if the Board of Commissioners finds, after an evidentiary hearing, that the applicant has (1) applied to the School District for a CAPS and the application has been denied, (2) in good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained would be unreasonably planned unit development or master plan approval, and (3) prejudiced if development in accordance with the previously approved development or plan is delayed due to the provisions of this ordinance. In deciding whether these findings can be made, the Board of Commissioners shall consider the following, among other relevant factors: (1) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities which were designed t planned unit for in part by the or maser planned development of portions o the p project that have not yet been approved for construction; Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 13 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions (2) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public; (3) Whether the developer has donated land to the School District for the construction of school facilities or otherwise and dedicated public school system e improvements deemed to benefit the School District (4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked approval; timely implement the plan in reasonable reliance on the previously obtained (5) The duration of the delay that will occur until public school facilities are the for the project, and improved or exist to such an extent that a CAPS can the effect of such delay on the development (d) The decision of the Board of Commissioners involving a special exception application under subsection (c) is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior tten copy Court shall be filed with the Clerk of Superior Court within 30 days aft a wriand every of the decision of the Board of Commissioners is delivered to the applicant other party who has filed a written request for such copy with the Clerk to the Board of Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of Commissioners may be delivered either by personal service or by certified mail, return receipt requested. (e) The chair of the Board of Commissioners or any member temporarily acting s chair may, in his or her official capacity, administer oaths to witnesses in any hearing before the Board of Commissioners concerning a special exception. 7. Appeal of School District Denial of a CAPS. The applicant for a CAPS which is denied by the School District may, within 30 days of the date of the denial, appeal the denial to the Board of Commissioners. Any such appeal shall be heard by the Board of Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The to? he School istrict formfurther affirm the decision of the School District, (2) remand proceedings in the event evidence is presented at the hearing before the Board of Commissioners not brought before the School Districor (3) issue a CAPS. The t, CAPS should have been oissued Commissioners will only issue a CAPS if it finds by the School District as prescribed in the Memorandum of Understanding among the School District, Orange County and the Board of Commissioners. A decision of the Board of Commissioners affirming the School District may be appealed by the applicant Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 11-27-02 revisions 12-9-02 revisions 12-10-02 revisions for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Section 6(d) of this ordinance. g. Information Required From Applicants. formation The applicant for a CAPS shall submit to to the determine whether a CAPS should reasonably deemed necessary by the School D Orange County be issued under the provision of the MOU among Chapel Hill, Carrboro, Count and the Chapel Hill-Carrboro Board of Education or the MOU amo g Oroe a CAPS Hillsborough and the Orange County Board of Education. An applicant special exception or an applicant appealing a CAPS denial by the School District shall submit to the Board of Commissioners all ia ec'aloexception should be granted the Board of Commissioners to determine whether special eal of a School as provided in Section 6(d) of this ordinance or for the hearing of an app District denial of a CAPS as provided in Section 7 of this School District denial of a CAPSShall for a CAPS special exception or of an appeal of a personal be served on the superintendent of the School District. Service may be made by p delivery or certified mail, return receipt requested. Section 2. This ordinance shall become effective The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this day of 200- Ayes: Noes: Absent or Excused: lsg:orangecounty\sapfo ord rev 12-10-02 approved by Orange County Board of Commissioners 12/10/02 ATTACHMENT Al 15 ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum of 20 , by and among the Town of Understanding is entered into this day of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County. WHEREAS, the Town of Carrboro, in a resolution approving the Schools Adequate of Public Facilities Memorandum of Understanding among the Town of Carrboro, the Town Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County (hereinafter "the MOU"), sought assurance that its recommendation will be received and considered by the Orange County Board of Commissioners prior t`o?th ? Oaterange County Board of Commissioners the methodo logy used to determine this changing the projected student membership gro rate or the student generation rate; and WHEREAS, the Town of Carrboro, in a resolution approving the MOU, sought further clarification concerning the commitment it is making to the Schools Adequate Public Facilities Program as expressed by the following language contained in the resolution of the Carrboro Board of Aldermen approving the MOU: Carrboro intends to remain committed to the MOU only as long as the County continues to execute the CIP as agreed in the MOU. If the Carrboro Board of Aldermen find the County is no longer in compliance with the CIP as outlined in the MOU, Carrboro will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 [of the MOU], an WHEREAS, Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County concur with the stated Carrboro concerns being made part of the MOU; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section l.d. of the MOU is amended to read as follows: Section l.d. After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a changes necessary to predict growth more accurately. Before making any change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide, in a timely manner, a copy of its recommendation to the governing boards of the other parties to this memorandum at the time it provides such recommendation to the Board of Commissioners and the Board of Commissioners shall provide an Approved by Orange County Board of Commissioners 12/10/02 16 opportunity for those governing Boards to comment on the recommendation. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1st in any year in which such change is intended to become effective what change was made and why it was necessary. and that Section 9 of the MOU is amended to read as follows: Section 9. The parties acknowledge that this Memorandum of Understanding is not intended to and does not create legally binding obligations on any of the parties to act in accordance with its provisions. Rather, it constitutes a good faith statement of the intent of the parties to cooperate in a manner designed to meet the mutual objective of all the parties that the children who reside within the School District are able to attend school levels that satisfy the level of service standards set forth herein. The Town of Carrboro intends to remain committed to the MOU only as long as Orange County continues to execute the CIP as agreed in the MOU. If the Carrboro Board of Aldermen find Orange County is no longer in compliance with the CIP as outlined in the MOU, the Town of Carrboro will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 of this MOU. This the _ day of 7 20_- 2 Approved by Orange County Board of Commissioners 12/10/02 17 TOWN OF CARRBORO SEAL Attest: ------------- Town Clerk SEAL Attest: Town Clerk By: Mayor TOWN OF CHAPEL HILL By: Mayor ORANGE COUNTY SEAL Attest: Clerk to the Board of Commissioners By: Chair, Board of Commissioners THE CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION SEAL ATTEST: Secretary By: Chair 1sg:orangecounty\M0Uaddendum revised 11-27-02 Approved by Orange County Board of Commissioners 12/10/02 ATTACHMENT A2 L ADDENDUM TO FACILITIES SCHOOLS ADEQUATE PUBLIC ERSTANDING MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum a and among the Town of Understanding is entered into this day of Hillsborough, the Orange County Board of Education and Orange County. WHEREAS, the Towns in Orange County wantassurance priortto their the Orange County recommendations will be received and considered by the Board of Commissioners Board of Commissioners changing the projected student membership growth rate, the methodology used to determine this rate or the student generation rate; and WHEREAS, school membership within the middle school level in the Orange County School District for the 2002-2003 school year exceeds 107% of building capacity; and WHEREAS, a third middle school for the Orange County School District is in the planning stage, on the Orange County 10-year CIP and funding; has been committed to this and school by Orange County as a result of an approved bond WHEREAS, it is anticipated that the third middle school in the Orange County School ents will begin attending this District will be completed and middle a school stu an school when the 2005-2006 school y g WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Hillsborough, the Orange n s o Ora ge County that Education and Orange County (hereinafter "the MOU) and to the Schools Adequate Public Facilities Program be implemented Program oh the Orange Hill-Carrboro District in 2003 in tandem with the implementation of School District; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section l.d. of the MOU is amended to read as follows: Section l.d. After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a change is necessary to predict growth more accurately. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide, in a timely manner, a copy of its recommendation to the provides governing to the Board of memorandum at the time it Commissioners and the Board of Commissioners shall provide an Approved by Orange County Board of Commissioners 12/10/02 I9 opportunity for those governing Boards to comment on the recommendation. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1St in any year in which such change is intended to become effective what change was made and why it was necessary. and that Section 3.g. of the MOU is amended to read as follows: Section 3.g. If the School District determines that the projected capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this Memorandum, then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning issuance of CAPSmand thetnons to the development as will allow reapply for a CAPS. For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU and terminating on the day on which the third middle school within the Orange County School District is first attended by middle school students, the determination by the Orange County School District that adequate service levels for public schools exist shall be made without regard to whether or not projected capacity of the Middle School level exceeds 107% of Building Capacity. On and after the Approved by Orange County Board of Commissioners 12/10/02 day on which the third middle school within the Orange County School District is first attended by middle school students, determination by the Orange County School District that adequate service levels for public schools exist shall be made only if projected capacity of each school level does not exceed the following: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity This the day of SEAL Attest: Town Clerk SEAL Attest: Secretary 20 TOWN OF HILLSBOROUGH By: Mayor ORANGE COUNTY BOARD OF EDUCATION By: Chair ORANGE COUNTY SEAL Attest: Clerk to the Board of Commissioners isgwangecountyWOU bboro etc addendum revised By: Chair, Board of Commissioners X 3