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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: April 4, 2017 <br /> Action Agenda <br /> Item No. 6-d <br /> SUBJECT: Petition Requesting Adjustment to Resolution Regarding Grandfathering of <br /> Projects for School Impact Fee Collection Purposes <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: (919) <br /> 1. Adopted Resolution Craig Benedict, Planning Director, 245- <br /> 2. Petitioner Request 2592 <br /> 3. Staff-Recommended Revised John Roberts, County Attorney, 245-2318 <br /> Resolution Perdita Holtz, Planner III, 245-2578 <br /> PURPOSE: To consider a petition submitted at the February 21, 2017 Board of County <br /> Commissioners (BOCC) meeting regarding grandfathering of projects for school impact fee <br /> collection purposes. <br /> BACKGROUND: On December 13, 2016, the BOCC adopted a Resolution Regarding <br /> Grandfathering of Projects for School Impact Fee Collection Purposes (Attachment 1). The <br /> resolution was in response to concerns raised during deliberations that occurred in the fall of <br /> 2016 which resulted in updated school impact fees being adopted on November 15, 2016. <br /> On February 21, 2017 representatives of "Townhouse Apartments" located in Chapel Hill <br /> attended the BOCC meeting to submit a petition to adjust language in the grandfathering <br /> resolution to accommodate their ongoing plans to renovate/expand their existing apartment <br /> complex (see Attachment 2). The Townhouse Apartments petition includes suggested language <br /> to be added to the grandfathering resolution. The suggested additional language essentially <br /> would allow projects of 90-units in size or greater to be subject to 2016 impact fee levels if the <br /> project: <br /> • Had obtained a specific lesser level of permitting than the currently required Zoning <br /> Compliance Permit (ZCP) by January 1, 2017, and <br /> • Submits a building permit application prior to January 31, 2019 (current date for this <br /> milestone is January 1, 2018). <br /> Additionally, the suggested language would require payment of the fee prior to December 31, <br /> 2020 (the current language requires the fee be paid by June 30, 2019). The suggested <br /> language keeps the current "outer limit" of December 31, 2020 for issuance of a Certificate of <br /> Compliance (formerly known as a Certificate of Occupancy). <br /> The petition was referred to staff to gather further information on the project. Staff <br /> worked on the petition and tentatively scheduled the grandfathering request for hearing <br /> at the April 18, 2017 regular meeting of the BOCC. Before the BOCC could consider the <br />