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4. Educational Facilities Impact Fee Ordinance Amendments - To review government- <br /> initiated amendments to the Educational Facilities Impact Fee Ordinance in order to <br /> exempt from the required impact fee the relocation of an existing stick built, modular, or <br /> mobile home used for residential purposes onto a previously undeveloped parcel in <br /> certain circumstances. <br /> Staff Attorney Sahana Ayer introduced this item. In 2011 the BOCC directed the Attorney's <br /> office to investigate the feasibility of modifying the existing school impact fee ordinance to <br /> provide an exemption for residences relocated onto previously undeveloped property from <br /> having to pay an impact fee. After completing a review of existing language, and based on <br /> direction from the BOCC, the Attorney's office recommends adding language to the impact fee <br /> ordinance allowing for the waiving of school impact fees for a relocated residential structure in <br /> instances where: <br /> - The property where the structure is moved from is either: <br /> o Rezoned to a non-residential zoning designation where the development of a <br /> residential land use is prohibited or <br /> o The property is made voluntarily undevelopable for any use by other means <br /> including, but not limited to: recordation of a conservation easement, dedication <br /> of the property as permanent open space, etc. <br /> - The properties where the structure is moved from and to are located within the same <br /> school district <br /> - Movement of the structure is in compliance with the standards of the Orange County <br /> Unified Development Ordinance (UDO) <br /> Commissioner Yuhasz said that he is troubled with this. He thought that the purpose was to <br /> provide that if someone moves a house from one lot to another lot that the impact fee would <br /> NOT be imposed. This says that the impact fee would not be imposed if the lot which is vacated <br /> is rendered unbuildable. He does not think that this was the intent. He does not think that this <br /> meets the County Commissioners' request. <br /> Discussion ensued on the impact fee from a relocated house. <br /> Michael Harvey said that the impact fee is a land use, land based ordinance. The ordinance <br /> is based on the notion of land use activity and it is not based on a structure. <br /> Planning Director Craig Benedict said that the impact stays with the existing lot. The <br /> request from the County Commissioners is to say that the impact goes with the house. The <br /> question is what happens with the vacated lot. He thinks that the solution is that the new house <br /> that comes onto the vacated lot would have to pay an impact fee. <br /> Chair Pelissier said that she thinks this was the intent when this came forward the first time. <br /> Commissioner Gordon said that the Board needs to understand the intricacies of this <br /> ordinance. <br /> Commissioner McKee said that this forces a previously developed piece of property to be <br /> undevelopable. He has a problem with this. <br /> Commissioner Jacobs said that this was initiated by someone who wanted to deconstruct a <br /> house and move it somewhere else on the road. He appreciates that the Attorney's office is <br /> trying to fix this issue within the laws. He thinks that logically it does not compute that he cannot <br /> move a building from one place to another and have to pay another impact fee and distinguish <br /> the development rights. <br />