Agenda - 04-18-2017 - 8-a - Minutes

Browse Search

33 1 to be added to the grandfathering resolution. The suggested additional language essentially 2 would allow projects of 90-units in size or greater to be subject to 2016 impact fee levels if the 3 project: 4 • Had obtained a specific lesser level of permitting than the currently required Zoning 5 Compliance Permit (ZCP) by January 1, 2017, and 6 • Submits a building permit application prior to January 31, 2019 (current date for this 7 milestone is January 1, 2018). 8 Additionally, the suggested language would require payment of the fee prior to December 31, 9 2020 (the current language requires the fee be paid by June 30, 2019). The suggested 10 language keeps the current "outer limit" of December 31, 2020 for issuance of a Certificate of 11 Compliance (formerly known as a Certificate of Occupancy). 12 13 The petition was referred to staff to gather further information on the project. Staff 14 worked on the petition and tentatively scheduled the grandfathering request for hearing 15 at the April 18, 2017 regular meeting of the BOCC. Before the BOCC could consider the 16 petition, two bills were filed in the North Carolina House of Representatives (House) that 17 potentially severely impact Orange County's ability to fund school capital needs. 18 19 On March 20, 2017 House Bill 406 was filed in the House. If it passes, House Bill 406, 20 which specifically targets Orange County, will strip the County of its authority to levy 21 impact fees. On March 22, 2017 House Bill 436 was filed in the House. House Bill 436 is 22 similar to House Bill 406 in that it would strip the County of its impact fee levying 23 authority. Unlike House Bill 406, House Bill 436 targets numerous jurisdictions 24 throughout the state and eliminates all regulatory fees on new construction unless the 25 fee is specifically authorized by general law. Should either bill pass Orange County will 26 lose millions of dollars annually that is used to assist in school capital projects. This will 27 leave a deficit that ultimately must be filled with a tax increase that requires all property 28 owners in Orange County to pay for the costs of new development. 29 30 Staff has analyzed the submitted petition and suggests revising the dates in the current 31 resolution to allow for a longer grandfathering period for projects 90-units or greater in size 32 rather than adopting the language suggested by the petitioner, which is tailored for a specific 33 project. Other projects that are currently in various planning phases could potentially take 34 advantage of the longer grandfathering period if submittal deadlines are met. 35 Staff shared the staff recommendation with the petitioner. The petitioner provided the following 36 suggestions: 37 • Move the staff-recommended Zoning Compliance Permit (ZCP) issuance date of July 38 31, 2017 out to December 31, 2017; alternatively, require only submission of the ZCP 39 application by May 15, 2017. 40 o Staff notes an alternative exists where the ZCP submission is in May and the 41 issuance is in December. Petitioner's position on this alternative was unclear at the 42 time of publication. 43 • Move the Building Permit application date from January 1, 2019 to January 31, 2019. 44 • Move the fee paid-by date from June 30, 2019 to June 30, 2020 (to be more in-line with 45 the Certificate of Compliance date of December 31, 2020). In accord with the attached 46 resolution, the BOCC intends that any additional grandfathering requests for projects 47 90-units in size or greater must be submitted prior to July 31, 2017. 48