Agenda - 05-12-2015 - 4 - Laserfiche WebLink

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:May 12, 2015 Action Agenda 4 Item No. SUBJECT: Educational Facility Impact Fee Ordinanceand Age-Restricted Housing DEPARTMENT:PUBLIC HEARING: (Y/N)No Planning/County Attorney ATTACHMENT(S):INFORMATION CONTACT: 3-23-15Letter from Developer’s Craig Benedict, 919-245-2592 Representativeto County AttorneyJohn Roberts,919-245-2318 5-4-15 Letter from Developer’s Representative to Planning Director PURPOSE: Todiscuss the possibility of amending Article 2 of Chapter 30 of the Orange County Code of Ordinances (the Ordinance) regarding educational facility impact fees to include age-restricted housing as an exception to structures requiring impact fees. BACKGROUND: Orange County is one of the few counties in North Carolina that can impose school impact fees because the County obtained special local enabling legislation from the State in 1987. In 1993, the County acted upon this authority and, in collaboration with the Towns and school districts, began the fee assessment. Since then, the County has occasionally (every few years) updated the fees based on school costs, categories of housing, etc. Findings of impact,benefit, and proportionality must be shown to form a good methodology and legal basis. The Ordinance requires impact fees be paid for new residential construction in order to assist with educational impact costs associated with new students. A developerhas approached staff to request that an exception be created for age-restricted housing, i.e. housing that would be limited by deed or covenant restrictions to housing for persons over a minimum age(see attached letter). The developer prefers the exception be created as quickly as possible. If the Board is interested in pursuing an amendment to the Ordinance, Planning staff recommends that the decision be based on relevant data because of the requirements necessary to set impact fee levels. There are two possible methods to achieve data needs: 1.Require the developer requesting this exception provide information about other age- restricted projects in a specific geographic area (to be determined) and have staff evaluate the data to determine probable impacts. 2.Conduct a student generation rate study specifically for age-restricted housing and assess the fee accordingly. Historically, such studies have been completed by a consultant with data supplied by the local governments. (This method is preferable due to the enhanced ability to defend the outcome of the study). It should be noted that a new impact fee study (which includes the accompanying student generation rate analysis) has been requested by Planningin the department’s FY2015-16 Budget (approximately $70,000) since the last study was completed in 2007.If recommended