HomeMy WebLinkAboutAgenda - 04-21-2009 - Info
Memo
to: Orange County Board of Commissioners
From: Craig Benedict, Planning Director
~erdita Holtz, Planning Systems Coordinate
oats March 25, 2009
Re: Accessory Dwelling Units and Educational Facilities Impact Fees {addressing
Follow-Up Action List for 12/11/08 BOCC meeting)
At the December 11, 2008 BOCC meeting, staff was instructed to review the
minimum threshold size for accessory dwelling units to determine an appropriate size
to exempt from school impact fees and provide information to the BOCC. This memo
addresses the issue.
In response to the attached letter from Mr. Geoffrey Gledhill dated February 9, 2006,
staff worked with the consultant, TischlerBise, during development of the 2007
impact fee update to categorize accessory dwelling units as "mul#ifamily" units. The
definition of "multifamily" in the attached handout available in the Permits offices of
the various jurisdictions clearly includes accessory dwellings as "multifamily" units for
the purposes of school impact fee determinations.
Until such time as the County updates the technical studies, there is insufficient
analysis available to exempt units under a certain size from impact fees since all
units were included in the study and therefore are part of the overall calculations. If
the County desires to do so in the future, each local government and school board
would have to collect data at this finer detail for a few years and thereafter, the next
technical report could further disaggregate the data (by unit size) and. analyze
impacts of smaller ADUs on school capital facilities. If such a method is deemed
defensible by the County's legal staff and the selected consultant then a separate
impact fee or de-minims exemption could be proposed. To exempt units based on
size at this time would require a new technical report to substantiate the assertion
that smaller ADUs have no impact on school capital facilities.
To refresh the Board's memory, the number of ADUs permitted each year, as
reported in the previous memo dated February 9, 2009, is included below.
Accessory Dwelling Units
The number of accessory dwelling units permitted within Orange County, including
incorporated areas, for the last five (5) years is depicted in the tables below.
Table 1-Accessory Dwelling Units by Local Government
Orange County {including Town of Carrboro Town of Chapel Hill
Year Town of Hillsborou h
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Table 2 - Acxessorv Dwelling Units by School Distryct
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Chapel Hiil-Carrboro Schoo rstnc
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LAW OFFICES
COLEMAN, GLEDHILL, HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLS$OROUGH, NORTH CAROLINA Z7Z78
919-73Z-2196
FAX 919-732.7997
www.cgandh.com
Barry Jacobs, Chair
Moses Carey, Jr.
Valerie P. Foushee
Alice M. Gordon
Stephen Halkiotis
Orange County Board
Post Office Box 8181
Hillsborough, North
February 9, 2006
of Commissioners
Carolina 27278
FROM THE DESK OF
GEOFFREY E. GLEDI-IILL
E•MA1L: etoHaydedhill@tgu~dh.can
RE: School Capital Impact Fees on "accessary dwelling
units"
Dear Board. Members:
I have reviewed the letter frolri The Village Project, Inc.,
written by its Vice Chair, James Carnahan, a copy of which is
enclosed. The letter makes an argument for a different impact
fee for a housing type variously known as a granny flat, a
garage apartment or an efficiency apartment. Mr. Carnahan
describes the Carrboro Development Ordinance's treatment of
these accessory dwelling units particularly. Orange County has
similar provisions in its zoning regulations. It calls: these
dwelling units "efficiency apartments.".The County zoning
regulations permit one of these dwellings, with no more than 800
square feet of gross floor area, as an accessory use to a single.
family residence, whether the efficiency apartment is attached
to or detached from the single family residence.
I recommend that consideration be given to this
classification of dwelling unit in the preparation of the next
School Capital _Zmpact,•:Fee Technical Report and t,h? consideration •
._. .
~• thereafter by the Board of County Commissioners of a different
impact fee for this classification of dwelling if justified by
the findings of the technical report.
Orange County Board of Commissioners
Page 2
February 9, 2006
There is a need for an update in the technical report, in
part based on new school construction standards, significant
increases in construction costs and, if adopted by the Board of
County Commissioners and the Boards of Education, elementary
school capacity changes. The latter is more an attribute of the
Adequate Public Schools Facilities Ordinance. However, it could
affect the work done in the school capital technical report.
It is further my opinion that consideration of the request
made by The Village Project should only be done in the context
of a technical report update.
Very truly yours,
COLEMAN, GLEDAILL, HARGRAVE & PEEK, P.C.
G ffrey ledhill
GEG/lsg
Enclosure
xc: Craig Benedict
John M. Link, Jr.
Rod Visser
lsg:letters\bdofcom impact fees on granny flats ltr.doc
Orange County Board of County Commissioners
200 South Cameron Street
Hillsborough, NC 27278
Jan. 25, 2006
RE: SCHOOL IMPACT BEES FOR ACCESSORY DWELLING UNITS
Dear Commissioners Jacobs, Cazey, Foushee, Gordon and I-Iallciotis:
The Board of Directors of the Village Project, Inc. requests tlr~t the Commissioners hold a public hearing
on the Impact Fees for Schools that were last revised July 1, 2001, at your earliest convenience. The
purpose would be to recognize a particular dwelling type, "Accessory Dwelling Unit" (sometimes
referred to as "Granny Flat" or "Garage Apartment") and create a separate tax category & rate for this
kind of use.
"Accessory dwelling unit" is a specific category in the Town of Carrbom that is limited in size to 750 sq
ft. ADU's are defined in Carrbom's Village Mixed Use zoning category, although they can be built
elsewhere in town depending on lot size. ADU's can play in important mle in providing small-scale,
affordable housing that is available to rent for studerrts, unmarried professionals ~ senior citizens.
ADU's can be incur into a primary residence or be b eestanding structures. Undex curren# County
practice freestanding ADU's are treated as Single Family Detached Dwellings and are subject to the
highest fee, $4407 per unit. ADU's are highly unlikely to have any impact on our schools because the
households they attract will probably not include school-age children, but their construction is penalized
and discouraged by the imposition of this fee. We would like to point out, far comparison, that the
County's impact fee for Multi-family Attached Dwellings "such as Apartments or Condomini.urns,
Townhouses. and Duplexes," is $1979 -although any of these dwelling types can have multiple bedrooms
and thus a potential for significant impact on school population.
We know the Commissioners ~ are interested in creating and mairrtainiug a, diverse and ample supply of
affordable housing choices, and we believe the current rate is ~an unnecessary impediment to achieving•
this goal: We urge you to review the fees and establish a separate, reduced, and more appropriate rate for
housing types that meet specific standards t'bat would be unlikely to impact our sch~is.
As the member of The Village Project Board who is working on the ADU issue, I would be glad to
discuss this issue with you further. You can contact me at (919)942-6114 or jcarnahanCa~,mindspring,.com.
r~
i
~ __ ~ R.ECExVED
James Carnahan
Vice-Chairnman of the Board, The Village Project, Inc: .)A N 3 1 7~flfi
Cc: Mayor Mark Chilton & Carrboro Board of Aldermen
Neil Pedersen, Chapel Hill Carrboro Schools Superintendent
~._i
The Village Project ~ PO Box 685 • Carrboro NC 27510. 919-942-6114 + wwwthevillageproject.cam
SCHC~CL IMPACT FEE CHANGES
On December 11, 2008, the Orange County Board of Commissioners adopted updates to
the Educational Facilities Impact Fee Ordinance. New flee levels and effective dates were
adopted as shown in the following. tables far each school district located within Orange
County.
Chapel Hill -- Carrboro City Schools District
Effective
January 1,
2009 Effective
January 1,
2010 Effective
January 1,
2011 Effective
January 1,
2012
Sin le-Famil Detached $6,092 $7 616 $9,820 $11,423
Sin le--FamN Attached $3,525 $4,406 $5,508 $6,610
Multifamil $686 $858 ~ $1,072 $1,286
Manufactured Homes $2 634 $3,293 $4,116 $4,939
orange County Schools District
. Effective
January 1,
2009 Effective
January 1,
2010 Effective
January 1,
2011 EfFective
January 1,
2012
Sin le-Famil Detached $3,000 $3,749 $4,686 $5,623
Single-Family Attached /
Multifamil $g30 $1,162 $1,453 $1,743
Manufactured Homes $1 428 $1,785 $2,232 $2,678
A description ofi housing types and examples of each type of housing follows this page.
Please note the housing types are applicable only for the purposes of determining
school impact fee amounts and do not affect determinations related to local zoning
ordinances or other local ordinances.
Housing Unit Types
For the purposes of school impact fee analysis and calculations, the fallowing housing
type categories were used. A brief description of each housing category is provided.
Single Family Detached: a detached building [orated on a single lot containing one
dwelling unit. in situations where an accessory dwelling unit (i.e., a "mother-in-law
sullen or "granny flat"} is located on the same lot, the principal dwelling is categorized as
a Single Family Detached dwelling.
Examples of single family detached dwellings are site-built houses and modular houses.
Single Family Attached: a group of dwelling units which share a common floor-to-
ceiling wail .or share the wall of an attached garage or porch with an adjacent dwelling
and in which all units have a ground floor living space. Units are individually awned or
intended to be individually owned after initial safes are~compiete.
Exampies~of single family attached dwellings are duplexes, triplexes, townhouses, row
houses, and condominiums in which ail units have aground-floor living space.
Multifamily: a group of dwelling units which share a common floor to-railing wail with
ari adjacent dwelling. All units may not have a ground filoor living space. Units may be
individually owned (as is the case with condominiums) or may be owned by one entity
and rented/leased to tenants. Also included in this category are dwelling units located
above ground-floor non-residential (i.e., retail or office) uses. In situations where an
accessory dwelling unit (i.e., a mother-in-law suite, granny flat, or efl:tciency apartment}
is located on the.same lot as a principal dwelling, the accessory dwelling unit is
categorized as a multifamily dwelling provided the accessory dwelling unit is
categorized as such by the local zoning code (i.e., less than 750-800 square feet,
•depending on fine speci€ics of the local code).
Examples of multifamily dwellings include apartments, condominiums in a multi-story
building in which all units do not have aground-floor living space, mother-in-law suites
and granny fiats located on a lot containing a separate principal dwelling, and dwellings
located above non-residential uses.
Manufactured home: a dwelling built in a factory in accordance with the federal
Manufactured Home Construction and Safety Standards, commonly referred to as the
'HUD` Cade.
Examples of manufactured homes are single-wide, double-wide, and triple-wide
"mobile" homes.