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capacity situation at the Orange County middle school level is to defer the implementation at the middle school level. Jacquelyn Gist said that she has heard this brought up several times and asked if there was anything in place (page 5-h) to stop one large development from taking everything. Craig Benedict said that this has been discussed. However, it is a first come, first serve development ordinance. What can be done is that as local governments review projects, they can ask for pacing mechanisms within the approval process to stretch out the impact from a large project. Jacquelyn Gist said that there could be a glaring, fatal problem if a large development took all the capacity. Craig Benedict said that there has been one substantive change in the past couple of years and this has been that local governments can phase a project in before getting the CAPS from the school system. Jacqueline Gist asked if there was any way to have a percentage cap so that no one project could take all the capacity. She says that this is almost a fatal flaw and it favors large developers. Craig Benedict said this issue was discussed and it is difficult to have some sort of formula to say why we are doing this percentage base. They did examine this and found no legitimate mechanism on how to add another percentage pacing program. Jacqueline Gist said there needs to be something or you will end up with something like Hogan Farms or Meadowmont. Jim Ward said that it seems to put Chapel Hill in the position to say to a large project that it could only be approved in phases and the CAPS would only be issued for each phase. Commissioner Gordon said that she does not remember this being a concern from Carrboro and she thought that the Schools and Land Use Council had addressed all of the concerns that were put forth. She asked for clarification from Carrboro. Diana McDuffee said that she does not believe that this was one of the concerns that they had discussed as a board. It was discussed, but the board as a whole has accepted what the attorneys have said about it. She said that it was something that each board could discuss. She asked the attorney's opinion on this. Geoff Gledhill said that the SAPFO is not the tool to do what Jackie Gist is asking. The SAPFO cannot set up a large and small development process. It will have to be done through the regulatory process and not the schools. Commissioner Carey asked if the jurisdictions already had the provision of phasing in of projects or if the ordinances would have to be changed. Craig Benedict said that the planned development ordinances have mechanisms for phasing. There is also a process for major subdivisions that are not planned developments and do not have to go through a rezoning. Pat Evans said that she remembers when this all started and they were trying to adopt regulations to address overcrowding of the schools. It was agreed upon that we needed to get all of the schools in line in both systems before we started this. She is seeing this begin to erode because there is discussion of separating the two school systems. She said that this is the beginning of the eroding because we are not starting out in a balanced situation. She said that we are changing the rules to fit the situation as we go along. Craig Benedict said that both systems will adopt and implement the ordinance at the same time and will go through the adequacy tests at the same time. It was anticipated that there would be two processes because there are two different systems. Pat Evans said that at least when we start this, it should be balanced. All school levels should be acceptable.