Agenda - 09-20-2016 - 6-a - Minutes

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18 1 2 Refined Housing Type Categories 3 • Disaggregated data down to number of bedrooms per unit (SFD, SFA, MF) 4 • Calculations for smaller-sized single-family detached (<800 square feet) 5 • Age-Restricted Units 6 7 Illustration of Fees - CHCSS 8 9 Illustration of Fees - OCS 10 11 Proposed Steps to Update School Impact Fee Levels 12 13 Recommendation for Tonight 14 • Receive the draft studies. 15 • Hear the presentation by the consultant and Planning staff. 16 • Discuss the topic as desired. 17 • Direct staff to proceed with the outlined schedule and Ordinance updates. 18 • Set a public hearing for the October 4, 2016 BOCC meeting. 19 20 Commissioner Jacobs asked if this applies solely to new construction. 21 Perdita Holtz said yes. 22 Commissioner Jacobs said there was an issue years ago, where someone purchased a 23 unit, paid an impact fee, moved the house to a new lot, and was charged another impact fee. 24 Malcolm Munkittrick said in his opinion another impact fee should not be paid. 25 John Roberts said he presented this to the Board in 2012, and the BOCC did not 26 approve the amendment. He said the reason behind the additional impact fee is that, if 27 development on the prior property is not restricted in any way, then it has an impact as a new 28 building could be constructed on that property. He said to avoid a second impact fee there 29 would need to be an easement or some development restriction placed on the prior location of 30 the moved structure. He said the BOCC did not approve the amendment and made no other 31 change. 32 Commissioner Jacobs said he was one Board member that did not like the attorney's 33 previous opinion. 34 Perdita Holtz said North Carolina does not have specific impact fee legislation, but 35 rather enabling legislation that was drafted for Orange and Chatham counties. She said this is 36 based in land use laws, and the practices follow the law the land use ordinance. 37 John Roberts said the Orange County Impact Fee ordinance was authorized under the 38 County's land use authority, which is why a public hearing is required to amend the ordinance. 39 He said the fee likely should be tied to the parcel of land, but this has not been tested in the 40 courts. 41 Commissioner Dorosin asked if the recommendation is for a more disaggregated fee 42 than currently exists. He asked if it should be disaggregated by bedroom size, and overall size, 43 with 800 feet being the cut off. 44 Perdita Holtz said yes, and if 800 feet were not the cut off then more research would 45 need to be done. 46 Commissioner Dorosin said this recommendation would not be disaggregating for 47 Orange County Schools. 48 Perdita Holtz said yes, just for the single-family detached house. 49 Commissioner Dorosin clarified that this is due to the anomaly where the four bedroom 50 home is cheaper that the three bedroom.