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HomeMy WebLinkAboutAgenda - 10-02-2000-2ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 2, 2000 Action Agenda Item No. a SUBJECT: Schools Adequate Public Facilities Ordinance DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Na ATTACHMENT{S): Draft Schools Adequate Public Facilities Ordinance Draft Memorandum of Understanding SLUC Resolution Recommending and Transmitting the Schools APFO and Memorandum of Understanding Tables -Debt Service; Future Capital Needs Talking Points (to be sent under separate cover) INFORMATION CONTACT: Craig Benedict, Planning Director, ext 2592 TELEPHONE NUMBERS: Hillsborough 732-81$1 Chapel Hill 968501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss the proposed schools adequate public facilities ordinance. BACKGROUND: Orange County Planning staff has been collaborating with the Schools and Land Use Councils (SLUC), school and municipal staffs, and the attorneys for mare than a year on the development of a schools adequate public facilities ordinance (SAPFO). The fundamental purpose of such an ordinance would be to ensure, to the maximum extent practical, that new residential development be approved only when it can reasonably be expected that adequate public school facilities will be available to accommodate students who would live in the new residential developments. The SLUC have worked long and diligently to examine this issue in detail during 2000. At their last meeting on September 13, they approved a resolution recommending that the proposed Schools Adequate Public Facilities Ordinance be formally transmitted to the County Commissioners, and then to the governing boards of the municipalities and school systems far comment and suggested revisions. This work session provides an opportunity for the BOCC to discuss the main provisions of the proposed SAPFO, to review the process to date, and to discuss possible next steps that would ultimately lead to adoption and implementation of a SAPFO in Orange County. Staff will briefly present information regarding fiscal considerations of SAPFO implementation, and a set of talking points that will help focus BOCC discussion an several important decisions the Board must make regarding the elements of the SAPFO to be enacted. After the BOCC provides direction on any needed refinements to the draft ordinance and related interlacal memorandum 2 of understanding (MOU), staff will transmit those documents to the school systems and towns for review and comment. County Planning Director Craig Benedict will be available to the municipal and school governing boards. over the next few months for presentations and/ar to respond to questions about the proposed SAPFO. FINANCIAL IMPACT: The fiscal impact of the adoption and implementation of a SAPFO cannot be clearly articulated at this time. However, there will be an inter-relationship between the SAPFO and the funds set aside in the County's annual 10 year Capital Investments Plan for school and County capital projects. RECOMMENDATION(S): The Manager recommends that the Board discuss the proposed ordinance and related memorandum of understanding, and provide appropriate direction to staff on any needed revisions before transmitting them to the school systems and municipalities for review and comment. DRAFT AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE TO REQUIRE THAT. IN MOST CASES 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] [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 Hi1UCarrboro School Board] [Orange County School Board], with funding provided by Orange County; and WHEREAS, [Chapel Hill, Carrboro, Orange County and the Chapel Hi1UCarrboro 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 Hi1UCarrboro 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, [THE GOVERNING BODY] ORDAINS: Section 1. Section of the adding a new to read as follows: ADEQUATE PUBLIC SCHOOL FACILITIES 1. Purpose. The purpose of this ordinance is to ensure that, to the maximum extent practical, new residential development will be approved only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. 2. Certificate of Adequacy of Public Schools Facilities. Development Ordinance is amended by 3 (a) No application for approval of a subdivision preliminary plat, minor subdivision Enal plat, site plan, or conditional or special use permit for a proj ect containing a residential use may be accepted as complete unless on the date of such acceptance there DRAFT 4 exists a valid and current Certificate of Adequacy of Public Schools Facilities (CAPS) applicable to the project for which such approval is sought. (b) A CAPS shall not be required for a general use or conditional use rezoning ar for approval of a master land use plan. However, if a rezoning or master plan is approved, a CAPS will be required before any 'residential development of the property is authorized pursuant to any of the approvals specified in subsection (a) of this section, and ,the rezoning of the property or approval of a master plan provides no indication as to whether the GAPS 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 Hi11, Carrboro, Orange County, and the Chapel Hill Carrboro School District] [Orange County, Hillsborough, and the Orange County School District] dated (d) An applicant shall seek from the School District a CAPS far a proposed residential development before an application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use ,permits submitted to the [town] [county]. The CAPS, if issued, shall expire as provided in Section 4. (e) 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 HilUCarrbaro School District] [Orange County, Hillsborough, and the Orange County School District], 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 all the factors listed in the Memorandum of Understanding, the number of students projected to attend the elementary schools, the middle schools, and the high school[s] within the [Chapel HilUCarrboro] [Orange County] School District will not exceed the fallowing percentages of the building capacities of each of the following three school levels: elementary schaol level 105% middle school level 10'1% high school level 110% For purposes of this ordinance, the term "building capacity" means the capacity of permanent buildings, not mobile units or trailers: DRAT 4. Expiration of Certificates of Adequacy of Public Schools Facilities. (a) A CAPS that has been obtained pursuant to Subsection 2(d) before an application far approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit has been submitted shall expire unless the developer submits and the [Town] [County] accepts as complete an application for approval of that subdivision preliminary plat, minor subdivision f nal plat, site plan, or conditional or special use permit within 90 days of the date of the CAPS and receives the requested approval within two years of the date of the CAPS. (b) 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. Applicability to Previously Approved Projects and Projects Pending Approval. (a) This ordinance and the Memorandum of Understanding between the [governing body], Orange County and the School District aze general in nature and applicable to all property subject to land use regulation by the [governing body]. Except as otherwise provided herein, the provisions of this ordinance shall apply to applications for approval of subdivision preliminary plats, site plans and conditional or special use permits that are submitted far approval after [the effective date of this ordinance]. (b) The provisions of this ordinance shall apply to subdivision preliminary plats, site plans and conditional or special use permits that have expired. (c) The provisions of this ordinance shall not apply to amendments to subdivision preliminary plat, site plan, 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 develapment by more than five percent. (d) The [governing body] shall issue a special exception to the CAPS requirement to an applicant wb.ase application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan or conditional or special use permit covering praperty 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. Tn deciding whether these findings can be made, the [governing body] shall consider the following, among other relevant factors: 5 (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 DRAFT 6 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. The decision of the [governing body] 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 every aggrieved 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 to the aggrieved party either by personal service or by certified mail, return receipt requested. 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. 6. Exemption From Certification Requirement for De Minimus Development Impact Associated with Negligible Student Generation Rates A CAPS shall not be required under the following circumstances: (a) For a residential development permanently restricted by zoning or federal, guidelines to housing for the elderly and/or adult care living and/or special needs facilities. (b) For residential development permanently restricted as dormitory housing. 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 DRAF.C 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) make a recommendation to the School District. The [governing body] will only make a recommendation 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 5(d) of this ordinance. 7. 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 provisions 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 became effective The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this day of , 2000. Ayes: Noes: Absent or Excused: DRAFT MEMORANDUM OF UNDERSTANDYNG This Memorandum of Understanding is entered into this day of , 2000, by and between the Town of ,the City of ,Orange County, and the (the "School District"). WHEREAS, the portion of Orange County, served by the [name of school districts 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 (Orange County School District or Chapel Hi1UCarrboro School District), with funding provided by Orange County; and WHEREAS, ,~,~, Orange .County and the ~ 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, 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 (C1P) 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 facilities program for the construction of schools such that, from the effective date of this Memorandum; a. No school level (i.e. elementary, middle or high) is more than 1. Elementary School 105% of Building Capacity 2. Middle School 107% of Building Capacity 3. High School 110% of Building Capacity (if number of schools within a level is very low the district may initiate a higher percentage limit and step down in percentage to the number above as new schools open) b. The term "the school districts building capacity" will be determined by State guidelines and the school district guidelines (consistent with CTP School Construction Guidelines/policies developed by the school districts and the Board of County Commissioners) and as used herein 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. 8 DRAFT c. The capital facilities program shall utilize a projected growth rate far student enrollment agreed upon by the parties, which growth rate may differ from one school level to another. (i.e., number of students per level per year.) 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 School District will establish an administrative process to receive and take action upon applications for Certificates of Adequacy of Public Schools Facilities ("CAPS") submitted by developers who are required by an implementing ordinance conceptually similar to that attached as Exhibit A to have such certificates before obtaining development permission from the town or the county. The School District will issue a CAPS for a proposed development if it concludes that, given the number of school age children projected to reside in that development, and considering all of the factors listed immediately below, the number of students projected to attend the applicable school district elementary, middle, and high school levels will not exceed the capacities noted in Section 1 of this memorandum. Factors to be considered by the School District in making this determination include the following: a. The number of students attending elementary schools, middle schools, and high schools and the building capacity at each school level. b. Projected or ongoing construction of new schools or permanent expansion of existing schools as planned in the adopted CIP. If the completion of such school construction is necessary for a CAPS to be issued for a particular development project, then there must be a reasonable expectation that such construction will be completed in time to be of benefit to such project. A "reasonable expectation" of a proposed completion date requires, at the very least, that construction of a proposed new school has received all necessary governmental approvals and that funding is in place, or that such approvals and funding appear "reasonably certain." c. Projected increases in enrollment due to residential growth. The following will be taken into consideration in determining projected enrollment increases: (i) Single-family residential building lots that have received final plat approval, or have been created by a plat exempt from subdivision regulation approval, but that do not contain a completed dwelling; (ii) Single-family or multi-family residential building lots for which: (1) preliminary subdivision plat approval, (2) minor subdivision final plat, (3) zoning compliance permit approval or special or conditional use permit approval have been granted so long as such approvals have not expired; DRAFT (iii) Developments for which subdivision preliminary plat, minor subdivision final plat or site plan approval applications have been submitted but not yet granted, so long as CAPS for such projects have been issued and remain unexpired or special exceptions that have been granted; . (iv) Any phasing and time schedule for project development consistent with preliminary plat and/or master plan application and, if applicable, approval. d. Any other factors deemed relevant by the School District in determining whether each school level will meet the level of service described herein if the proposed project is constructed. Section 4. A CAPS that has been obtained before an application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit has been submitted shall expire unless the. developer submits and the [Town/County] accepts as complete an application for its approval within 90 days of the date of the CAPS and receives the requested approval within two years of the date of the CAPS. 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, including without limitation all information the other parties to this agreement have regarding the matters specified in Section 3.c.(i) through (iv) above: Section 6. The School district will use its best efforts to construct schools and/or permanent expansion/additions in accordance with the CIP referenced in Section 1 above. Section 7.. Orange County wi1T use its best efforts to provide the funding to carry out the capital facilities program referenced in Section 1 above. Section 8. The affordable housing element shall be incorporated into the Schools Adequate Public Facilities Ordinance agreed. upon by all parties, which shall provide an accommodation for affordable housing. Affordable housing as defined in Orange County Affordable Housing policy and meets .all criteria (i.e. 80% or less with some permanency requirement) is an important goal of local governments within Orange County. Although affordable housing will be subject to the SAPFO, the county through its funding to the school districts for new school construction will be providing for adequate capacity for students generated from affordable hausing by apportioning their funding as an allocation or reservation for affordable housing. The fimding formula accommodation will approximate new affordable housing goals which is a minor portion of new housing construction. ~0 DRAFT Section 9. The parties agree that there is an exemption from Certification Requirement for De Minunus Development Impact associated with Negligible Student Generation Rates. A CAPS shall not be required under the following circumstances: (a) for a residential development restricted to housing for the elderly and/or adult care living and/or special needs facilities, (b) for residential development restricted to housing for students. Section 10. 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. 11 ' A RESOLUTION BY TAE SCHOOLS AND LAND USE COUNCILS i2 (SLUG) TO RECOMMEND AND TRANSMIT THE SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE (SCHOOLS APFO) MEMORANDUM OF UNDERSTANDING AND ORDINANCE WHEREAS, the Orange County Board of Commissioners and municipal governing boazds make land use, zoning, and development decisions that can increase the numbers of school children; and WHEREAS, the Orange County Schools Boazd of Education and Chapel Hill-Carrboro City Schools Board of Education are responsible for school policy and school buildings; and WHEREAS, the Board of County Commissioners with approval of the other jurisdictions has established Schools and Land Use Councils (one for each school district) tv advise on issues concerning growth and land use issues relating to schools; and WHEREAS, the Schools and Land Use Councils are chazged with developing a coordinated plan for approving developments, accounting for the impact of the developments on school capacity, siting schools, and building schools to meet demonstrated need in a timely manner; and WHEREAS, the Schools and Land Use Councils (SLUG) are composed of elected representatives from the Orange County Commissioners, Carrbaro Board of Aldermen; Chapel Hill Town Council, Hillsborough Town Board of Commissioners, Chapel Hill- _ Carrboro City Schools Board of Education, and Orange County Schools Board of Education; and WHEREAS, the SLUG has met on primarily a monthly basis to develop and review a Schools APFO since April of 1999; and WHEREAS, the SLUG referred the development of legal and technical matters and parameters for policy decisions to a workgroup of attorneys and planning director and school representatives from all member agencies and a draft was submitted to the SLUG; and WHEREAS, the various. aspects of a Schools APFO was explained to each of the elected bodies in the latter part of 1999 early 2000 by the Orange County Planning Department where questions and answers were explored; and WHEREAS, On March 27 and 30, 2000 joint meetings with school districts and Assembly of Governments were held to fiu-ther elaborate on the implications of a Schools APFO and receive direction to pursue finalization of the Memorandum of Understanding and ordinance from the SLUG; and WHEREAS, ,the SLUG finds the Memorandum of Understanding and ordinance to be supportive of the goals and responsibilities of the councils and strongly believes the ordinance to be in the best interests of the community; NOW, THEREFORE BE IT RESOLVED that the SLUC have approved the Schools APFO Memorandum of Understanding and ordinance and hereby transmit the memorandum and ordinance to the Boazd of Coup Commissioners for comment and review of fiscal im act and then to the respective entities to: a. Review and make comment, if necesssary, on the Memorandum of Understanding and ordinance; b. Approve, approve with conditions/comments or refer back to the SLUG far further research and analysis; c. Acknowledge that the Memorandum of Understanding and ordinance is not construed to be the final adoption of implementing land development regulations that will process.through a later public hearing germane to the applicable entity. Approved by the members of the councils: Schools and Land Use Council for the Schools and Land Use Council for the Chapel.Hill-Carrboro Schools District Orange County Schools District Alice Gordon Orange County Boazd of Commissioners Nick Didow Chapel Hill-Canrboro School Board Teresa Williams Chapel Hill-Carrboro School Board Edith Wiggins . Chapel Hill Town Council Lee Pavao Chapel Hill Town Council Allen Spalt Canrboro Boazd of Aldermen Margaret Brawn Orange County Board of Commissioners Stephen Halkiotis. Orange County Board of Commissioners Susan Halldotis . Orange County School Board Brian Lowers Hillsborough Town Board 13 Diana McDuffee Carrboro Board of Aldermen