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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 16, 2017 <br /> Action Agenda <br /> Item No. 5-a <br /> SUBJECT: Amendment to the Educational Facilities Impact Fee Ordinance and Repeal of <br /> Related Resolutions <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: (919) <br /> 1. Recommended Ordinance <br /> 2. Recommended Resolution <br /> John Roberts, County Attorney, 245-2318 <br /> Craig Benedict, Planning Director, 245- <br /> 2592 <br /> PURPOSE: To hold a public hearing, close the public hearing, and consider an amendment to <br /> the Educational Facilities Impact Fee Ordinance ("Ordinance") to reinstate the impact fees to the <br /> level those fees were imposed up to June 30, 2016. <br /> BACKGROUND: On November 15, 2016 the Board of Commissioners amended the Ordinance <br /> by modifying the impact fee amounts, adding provisions for reduced Impact Fees for smaller <br /> sized single family dwellings (under 800 square feet in size) and for age restricted (senior) units. <br /> On December 13, 2016 the BOCC adopted a Resolution Regarding Grandfathering of Projects <br /> for School Impact Fee Collection Purposes. This Resolution was amended on April 4, 2017. <br /> On March 20, 2017 House Bill 406 ("HB406") was filed in the House in response to an <br /> Orange County resident's concerns about the fairness of the amended Ordinance. If it <br /> passes, HB406, which specifically targets Orange County, will strip the County of its <br /> authority to levy impact fees. On March 22, 2017 House Bill 436 ("HB436") was filed in <br /> the House. Although originally HB436 was similar to HB406 in that it would strip the <br /> County of its impact fee levying authority, HB436 was amended by rolling back all impact <br /> fees to the amount of those fees on June 30, 2016, imposing a one year moratorium on <br /> the ability of local governments to increase impact fee amounts, and appointing a <br /> committee to study impact fee authority. <br /> In light of the action by the General Assembly on HB436 staff recommends the Board of <br /> Commissioners: <br /> • amend the Ordinance to repeal the impact fees as adopted on November 15, 2016, but <br /> keep in place the fees for age restricted units and smaller sized single family detached <br /> units, <br /> • reinstate the impact fees to the amounts those fees were beginning January 1, 2012, <br /> • repeal the grandfathering resolutions adopted on December 13, 2016 and April 4, 2017, <br />