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HomeMy WebLinkAboutAgenda - 11-19-2002-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2002 Action Agenda Item No. ~_ SUBJECT: School Adequate Public Facilities DEPARTMENT: County Manager/Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): School Adequate Public Facilities Memorandum of Understanding Exhibit A -School Adequate Public Facilities Ordinance Decision Matrix of MOU Elements School Adequate Public Facilities MOU and Ordinance Possible Implementation Timeline INFORMATION CONTACT: John Link or Rod Visser, ext 2300 Craig Benedict, ext 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve the proposed School Adequate Public Facilities Memorandum of Understanding (MOU) and model Ordinance (SAPFO). 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, that reflects the recognition of 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. Of particular import was the MOU Decision Matrix, which the Planning Director used to explain the major decision points for each jurisdiction that will be considering implementation of the MOU and Ordinance. The School Facilities Task Force recently met, with the County Attorney in attendance, and proceeded to make recommendations on all issues. The recommendations are consistent with similar issues addressed by the Schools and Land Use Councils in June and October 2002. The issue that required the most discussion and scrutiny by all parties was how to initiate the Ordinance without inducing a defacto development moratorium while maintaining equity of standards between the two school systems. The defacto moratorium would have only affected the Orange County School District because their Middle School segment presently exceeds the 107% Level of Service standard contemplated in the MOU (actual OCS middle school student membership is at approximately 111 % of capacity). The School Facilities Task Force discussed four potential methods to prevent a defacto moratorium condition: A. Change Level of Service B. Change School Capacity C. Adjust the Capital Investment Plan D. Defer the Middle School adequacy test in the Orange County School District until a new school opens, while implementing both School Adequate Public Facilities Ordinance school district systems effective February 15, 2003. The Task Force recommended Option D as the option that best maintains the integrity of the various elements and also maintains the equitable standards of Level of Service between both districts in the long run. Questions have been raised regarding the implications of delaying the implementation of the School Adequate Public Facilities Ordinance system to a date other than the February 15, 2003 date established in the Memorandum of Understanding. A change is possible if the Memorandum of Understanding is appropriately modified by all parties. An implementation date of April 15, 2003 could be pursued with the understanding that the following implications of changing the date might be experienced: 1. School Adequate Public Facilities Ordinance data would still be collected and analyzed as noted in the original schedule (Fall of each year); 2. School Adequate Public Facilities Ordinance data would not be acted upon as early, meaning some data may become "old" as the student membership numbers are dynamic through the year. 3. Developments in the pipeline or in the concept stage may be able to proceed without being subject to the School Adequate Public Facilities Ordinance; 4. An important product of the School Adequate Public Facilities Ordinance data is to use it as a tool to develop school Capital Investment Plan needs which are developed in the first part of the year. It is likely that even without an impending School Adequate Public Facilities Ordinance, informal School Adequate Public Facilities Ordinance processes and data sharing would be pursued. 5. A delay in implementation of the School Adequate Public Facilities Ordinance, which at this time was projected to resolve five out of six school level capacity issues (or five out of five if the Orange County School District Middle School is deferred) could lead to other "un-"School Adequate Public Facilities Ordinance changing conditions that are not as easy to resolve in future years. In summary, the School Adequate Public Facilities Ordinance implementation date can change with the same consensus process that has been used to arrive at our present status. However, the process has been choreographed to achieve the most responsive and user-friendly system as identified in its present timeframe. Staff will be available to review and respond to questions the Commissioners may have about information contained in the following list of attachments. 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 Orange County School Districts. RECOMMENDATION: The Manager recommends that the Board approve the proposed MOU and model Ordinance for the two School Districts pursuant to Option D above, and direct staff to bring back the Ordinance for adoption no later than February 4, 2003. Inherent in this recommendation for approval is acceptance of the determined variables noted in the Decision Matrix such as Level of Service, Membership Date, Building Capacity, Capital Investment Plan, Student Growth Rates, Projections, Methodology and Generation Rates. Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 200_, by and between the Town of ,the Town of ,Orange County, and the (the "School District"). 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 WHEREAS, the responsibility for planning for and constructing new school facilities lies primarily with the [Chapel Hill/Carrboro] [Orange County] School Board, with funding provided 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 4 o•\crai ~\canfn\mou-final 1 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 5 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: g:\craig\sapfo\mou-final 2 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 6 (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 as Exhibit A to have such certificates before the development permission they have received from the town or county becomes 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. n~\craiu\canfn\mnu-final ~ Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 7 b. School membership calculations made on February 15th (utilizing the previous November 15th 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 school building capacity in each of the ensuing years wherein new students are projected to be added to the school system by the 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 g:\craig\sapfo\mou-final 4 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 8 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; g~\crai ~\sanfo\mou-final 5 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 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 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. 9 e:\crai~\sanfo\mou-final 6 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 IO Exhibit A AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE 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 HilUCarrboro] [Orange County] school system, has 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 HilUCarrboro School Board] [Orange County School Board], with funding provided by Orange County; and WHEREAS, [Chapel Hill, Carrboro, Orange County and the Chapel Hill/Carrboro 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; and WHEREAS, to implement the Memorandum of Understanding between [Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School Board] [Orange County, Hillsborough, and the Orange County School Board], the [governing body] 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, Section 1. Section adding a new ORDAINS of the Development Ordinance is amended by to read as follows: ADEQUATE PUBLIC SCHOOL FACILITIES 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 expected that adequate public school facilities will be available to accommodate such new development. g:\craig\sapfo\ordinance-final Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 2. Certificate of Adequacy of Public School Facilities. (a) Subject to the remaining provisions of this [article], no approval under this ordinance of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit for a residential development shall become effective unless and until Certificate of Adequacy of Public School Facilities (CAPS) for the project has been issued by the School District. (b) A CAPS shall not be required for a general use or conditional use rezoning or for a master land use plan. However, even if a rezoning or master plan is approved, a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (a) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for rezoning or master plan approval shall contain a statement to this effect. (c) A CAPS must be obtained from the School District. The School District will issue or deny a CAPS in accordance with the provisions of the Memorandum of Understanding between [Chapel Hill, Carrboro, Orange County, and the Chapel Hill Carrboro School District] [Orange County, Hillsborough, and the Orange County School District] dated (d) A CAPS attaches to the land in the same way that development permission attaches to the land. A CAPS may be transferred along with other interests in 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 Memorandum of Understanding between [Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School District] [Orange County, Hillsborough, and the Orange County School District], adequate services 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 all the factors listed in the Memorandum of Understanding, projected school membership for the elementary schools, the middle schools, and the high school(s) within the [Chapel Hill/Carrboro] [Orange County] School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level 105% middle school level 107% high school level 110% 11 v~\craiu\sanfn\nrdinance-final 2 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 For purposes of this ordinance, the terms "building capacity" and "school membership" shall have the same meaning attributed in the Schools Adequate Public Facilities Memorandum of Understanding among the Towns of , and Orange ,County and the Board of Education. 4. Expiration of Certificates of Adequacy of Public School 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: 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 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. 6. Applicability to Previously Approved Projects and Projects Pending Approval. (a) Except as otherwise provided herein, the provisions of this ordinance shall only apply to applications for approval of subdivision preliminary plats, minor subdivision final plats, site plans and conditional or special use permits that are submitted for 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. 12 g:\craig\sapfo\ordinance-final 3 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 13 (c) The [governing body] 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 [governing body] 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 planned unit development or master plan approval, and (3) would be unreasonably 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 [governing body] 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 to serve or to be paid for in part by the development of portions of the planned unit development or master planned project that have not yet been approved for construction; (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 dedicated land or made improvements deemed to benefit the School District and its public school system; (4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to timely implement the plan in reasonable reliance on the previously obtained approval; (5) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a CAPS can be issued for the project, and the effect of such delay on the development and the developer. (d) The decision of the [governing body] 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 Court shall be filed with the Clerk of Superior Court within 30 days after a written copy of the decision [of the governing body] is delivered to the applicant and every other party who has filed a written request for such copy with the Clerk to the [governing body] at the time of its hearing on the application for a special exception. The written copy of the decision of the [governing body] may be delivered either by personal service or by certified mail, return receipt requested. g:\craig\sapfo\ordinance-final 4 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 14 (e) The [chair or the mayor] of the [governing body] or any member temporarily acting as [chair or mayor] may, in his or her official capacity, administer oaths to witnesses in any hearing before the [governing body] 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 [governing body] of [local government from which development permit is sought]. Any such appeal shall be heard by the [governing body] 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 [governing body] may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the [governing body] not brought before the School District, or (3) issue a CAPS. The [governing body] will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the Memorandum of Understanding among the School District, Orange County and the [governing body]. A decision of the [governing body] affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Section 6(d) of this ordinance. 8. Information Required From Applicants. The applicant for a CAPS shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a CAPS should be issued under the provision of the Memorandum of Understanding between the [governing body], Orange County, and the School District. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by the School District shall submit to the [governing body] all information reasonably deemed necessary by the [governing body] to determine whether a special exception should be granted as provided in Section 6(d) of this ordinance or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service may be made by personal 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: e:\crai a\sanfo\ordinance-final 5 N O ,A v ~H+ b a~ ^+ ~ W W O ^~ N ^~ W O L .~ L r~1 LJ ^~ ^~ V W i h J O1 N ~ LLQ d Ca ~~~C~ c c ° o. y~~~oy„ oaf ~ ; a ~-a~ d ~ ~ ~-o p~ ~ E ~ d ~ N i i LL 'C v Y E E E `~ ~~ v o ~~~NC~ ' cc Rv~o as ~ o U D ~~ ~OOy~, ~~~ U RS V O Ln ~ L ~ >,O y fA OM ~ ,~ O O N G1 ~~~ .> ~ i _ O O cC L ~F L ~ ~ ~ +.+ L~ r~+ a+ 0 Q ~ ~ V N~ ~ ~ = V O ~ O G ~ . O~ R~ R ~ d~ V LL. 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Q :~ ' _ O Z O C ) O O ~~ O O O ~~ Z ~ ~1 Z v O Z' 0 Z a V y W N V W W ~ O W W O ~ y W~ ~ N n-~ ~~ > >O ~ ~p~ > >z ~ p c, ~a O ~~ ~, ~~w O ~w O f-- ~ cn ~ ~ cn a cn cn a ~ ~ cn C7 ~ °o `~ s v~ ~ 'C L ~.+ V r i N ~ ~ c c •~ cv ca a~ a~ y S V .p >, ~ s ~ V ~ R O N ~ _ ~ O _~ r.+ ~ ~ ~ _ d ~ L (,~ L •~ _ > R1 I ~ V O O _ V d N O N .~ ~~ 'd Q ~ ~ ~ G y ~C G1 d s '~ ~ a~ ~ ; O d O ,=~5.+ y- y +O+ L .~ C~ ~ ~ L ~ Q. 0 z 16 Updated 1]/14/02 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING (MOU) AND ORDINANCE POSSIBLE IMPLEMENTATION TIMELINE Mid -September 2002 School Facilities Task Force Review and Recommendation of Memorandum of Understanding variables as delegated by Board of County Commissioners. Late September 2002 Special Schools and Land Use Councils meeting (Sep 25) Schools and Land Use Councils Review and Recommendation of Memorandum of Understanding/School Adequate Public Facilities Ordinance based on local government, School District and Schools Facilities Task Force responses (which incorporate public input). October 16, 2002 Schools and Land Use Councils forward final version of Memorandum of Understanding/School Adequate Public Facilities Ordinance, including all determined variables, for consideration by local governments and school districts. October 28, 2002 Schools Facilities Task Force (SFTF) final recommendation. ORDINANCE ADOPTION October 21, 2002 5:30 PM dinner/work session regarding Schools Adequate Public Facilities Ordinance prior to regular Board of County Commissioners meeting at Southern Human Services Center Late October 2002 Discussion at October 30, 2002 Assembly of Governments meeting. November 2002 All local governments and School Districts address MOU and adopt, or readopt accordingly, if necessary. A transmittal of final version will be made. November, December, Local governments adopt actual SAPFO regulation through their typical Public January Hearing process. November 15, 2002 Receipt of membership numbers by school levels from School District for Planning Directors, School Representative Technical Advisory Committee (PSTAC), begins 2002 School Adequate Public Facilities Ordinance student projection report. November 19, 2002 Early January 2003 January 2003 Early February 2003 February 15, 2003 Board of County Commissioners Agenda Item for adoption of Memorandum of Understanding and Model Ordinance. Planning Directors, School Representative Technical Advisory Committee report issued to School Adequate Public Facilities Ordinance parties. Local governments and districts provide input to BOCC regarding SAPFO variables. Board of County Commissioners certification of 2002 School Adequate Public Facilities Ordinance system New development subject to School Adequate Public Facilities Ordinance. 17 C:\WINDOWS\TEMP\Timelmo-i11402 Rod V.doc