Agenda - 10-04-2016 - 5-a - School Impact Fee Updates

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2 Possible options for updated fee levels include: 1. As calculated, adopting at some percentage of the MSIF. 2. Collapsing the Single Family Detached category in the Orange County Schools district (due to an unexpected result in this category), charging the "Average" for this housing type in this district, charging fees as calculated for other housing types, and adopting at some percentage of the MSIF. 3. Collapsing all housing type categories in both or either school districts, charging the "Average" calculation by housing type, and adopting at some percentage of the MSIF. a. Note for this option: Accessory dwelling units (e.g., granny flats) are included in the multi-family category (0-2 bedrooms) so setting the fee for the "average" calculation may result in an increase for accessory dwelling units, depending on the percentage of MSIF chosen. 4. Options 1-3 can also be implemented by increasing the percentage of MSIF over a period of time (e.g., adopt at x% effective 2017, y% effective 2018, and z% effective 2019). It should be noted that the adopted percentage of MSIF must be the same for all housing types (e.g., fees cannot be adopted at 40% MSIF for one housing type and 60% MSIF for a different housing type). Attachment 2 is the section of the County's General Code of Ordinances that pertains to the Educational Facilities Impact Fee with proposed amendments shown in "track changes" format. Proposed amendments to this section of the Code of Ordinances include: • Adding definitions for the various housing types. • Adding language in Section 30-33 that would require age restricted units that do not remain age restricted for at least 20 years be required to pay the difference between the age restricted fee paid and the non-age-restricted fee in effect at the time a unit is no longer age restricted. • Adding language in Section 30-35(e) clarifying under what conditions a refund would be issued if impact fees were reduced for a particular housing unit type. • Adding language in Section 30-38 to recognize conditional zoning, which was adopted in 2011 when the Unified Development Ordinance (UDO) was adopted. Since 1995, Orange County has offered an impact fee reimbursement program for school impact fees paid on affordable housing units. From FY2009-10 through FY2015-16, $606,318 in collected impact fees was reimbursed for the 77 affordable single-family housing units and one apartment building containing 6 affordable multi-family units constructed in that time period. Planning staff held a public information meeting on September 26, beginning at 6:00 p.m. Despite publishing display ads in two newspapers, only one person (a staff member with the Town of Chapel Hill's Planning Department) attended the public information meeting. This topic was also discussed at the September 29 Joint BOCC/School Boards meeting. Staff from TischlerBise was in attendance at both of these meetings. At the September 6 BOCC meeting, the proposed schedule indicated that updated fee levels could potentially be adopted after the conclusion of the October 4 public hearing. Due to agenda preparation constraints, staff is recommending that adoption consideration occur at the October 18, 2016 BOCC meeting.