Minutes 05-12-2015 - Laserfiche WebLink

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Steve George, EpCon Communities developer and Attorney, said the plan is to break ground in the next few weeks but they would not have their Certificates of Occupancy (CO) until the first quarter of 2016. Craig Benedict said the Town of Chapel Hill collects at the permit stage, but perhaps the Town may delay to the time of the CO, which would be consistent with the overall County Ordinance. Steve George said if the impact fees could be collected at the CO, then there would be time for the study to be conducted. Commissioner Jacobs suggested that Bonnie Hammersley speak to the Manager of the Town of Chapel Hill or ask Chair McKee to send letter to the Mayor, suggesting the delay of the fee collection. He said if the development warrants a different fee, then this study is overdue, as the fee is based on the student generation rates. Commissioner Dorosin asked for clarification regarding the impact fee, and if it is meant to be tied to actual student generation numbers, or if it is philosophically based in the value placed on education in this County. He said is there an exemption when building a residential nursing facility. John Roberts said there have been several exceptions to the impact fee ordinance and it is entirely appropriate for the Board to consider school generation information for educational impact facility fees. Craig Benedict said there is a proportionality connection to this, and Orange County is one of the few counties in the State that has impact fees. He said staff would suggest having data to back decisions. He said as new housing types come forward, new analysis should be done. Commissioner Dorosin said Orange County is not the only county to have impact fees, and questioned if other counties are further along in this process. Craig Benedict said Orange County is much farther ahead than the other counties, and the leading edge in analyzing to this level. Commissioner Jacobs said the other component to consider, besides legal and philosophical, is political. He said what can be charged versus what is charged can be two different things. He said the full freight of a public school seat is not charged. Chair McKee asked the Developer if he could share the anticipated total cost of the impact fees for all units. The Developer said roughly $700,000. Chair McKee asked the Board if this, or any other, exemption is made, and the pool of money is reduced will the Board in turn increase the fees to cover the loss, putting the burden on those who are not exempt. Chair McKee said if this project receives an exemption due to being age-restrictive housing then why not exempt couples or a single person that have no children and, therefore, do not impact the schools. Craig Benedict said the exception process of alleviating all fees is not being suggested. He said the suggested route is not for this developer's project but for age-restricted housing. He said it cannot be reviewed on a case by case basis, but rather a general category is being considered. Commissioner Rich said if a development project is not generating students it should not be exempt from fees and the fees should be much lower. Commissioner Rich asked if the developers have any affordable housing in the current project. The developer said they chose the payment in lieu option.