Minutes 09-06-2016 - Laserfiche WebLink

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19 Commissioner Jacobs said he was one Board member that did not like the attorney's previous opinion. Perdita Holtz said North Carolina does not have specific impact fee legislation, but rather enabling legislation that was drafted for Orange and Chatham counties. She said this is based in land use laws, and the practices follow the law the land use ordinance. John Roberts said the Orange County Impact Fee ordinance was authorized under the County's land use authority, which is why a public hearing is required to amend the ordinance. He said the fee likely should be tied to the parcel of land, but this has not been tested in the courts. Commissioner Dorosin asked if the recommendation is for a more disaggregated fee than currently exists. He asked if it should be disaggregated by bedroom size, and overall size, with 800 feet being the cut off. Perdita Holtz said yes, and if 800 feet were not the cut off then more research would need to be done. Commissioner Dorosin said this recommendation would not be disaggregating for Orange County Schools. Perdita Holtz said yes, just for the single-family detached house. Commissioner Dorosin clarified that this is due to the anomaly where the four bedroom home is cheaper that the three bedroom. Perdita Holtz said yes. Commissioner Dorosin said another anomaly that concerns him is that the manufactured housing impact fee is about $5,000, which is a much higher percentage of the purchase price of the manufactured home, in comparison to other homes. He asked if the Board has any latitude of adjusting these fees, or if there must be a static formula. Malcolm Munkittrick said a lot of manufactured homes are considered affordable housing for young families in other parts of the country, and can produce a lot of student generation. He said there is often little difference between manufactured and stick built homes, and is treated in the market as such if they are titled properly. He said fees are not calculated by purchase price, but rather by the demand placed on the system by a type of unit based on the student generation rates, and the capital cost per student. He said there are policy options in order to lower the fees, such as waiving impact fees for affordable housing properties. Commissioner Dorosin said Orange County waives fees for non-profit and housing authority housing. Craig Benedict said the fee is not waived, but rather is paid from a different pot of money. He said the fee structure is very strongly based on the student generation rate, and not the cost of housing. Commissioner Dorosin said the problem with fees is that they are inequitable. Craig Benedict said the fees are not related to the cost of the housing. He said there are other mechanisms to help with reimbursements. Commissioner Jacobs said manufactured housing can generate as many or more students as a more expensive home, and there is no reimbursement process for impact fees for manufactured housing owners. He said it would take an agreement by the schools, along with Orange County, to do this. Commissioner Jacobs asked if a report about parks and recreation fees is scheduled. Craig Benedict said as soon as the analysis of levels of services is developed. Commissioner Jacobs said this discussion about parks and recreation fees has been going on for a very long time.