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HomeMy WebLinkAboutAgenda - 11-19-2012 - C4ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS QUARTERLY PUBLIC HEARING Meeting Date: November 19, 2012 SUBJECT: Educational Facilities Im DEPARTMENT: County Attorney ATTACHMENT(S): Action Agenda Item No. C4 Fee Ordinance Amendments PUBLIC HEARING: (Y /N) Yes INFORMATION CONTACT: 1. Amendment to the Chapter 30 Article 2 Sahana Ayer, Staff Attorney 245 -2519 Educational Facilities Impact Fee John Roberts, County Attorney 245 -2518 Ordinance PURPOSE: To hold a public hearing on a proposed amendment to Chapter 30 Article 2 Educational Facilities Impact Fee Ordinance of the Orange County Code of Ordinances to modify existing language clarifying those instances where school impact fees can be waived. BACKGROUND: In 2011 the BOCC directed the Attorney's office to investigate the feasibility of modifying the existing school impact fee ordinance to provide an exemption for residences relocated onto previously undeveloped property from having to pay an impact fee. Current school impact fees for each school district are as follows: DISTRICT Single- family Attached Single- family Detached Multifamily Manufactured Home Orange County $1,743.00 $5,623.00 $1,743.00 $2,678.00 Chapel Hill /Carrboro $6,610.00 $11,423.00 $1,286.00 $4,939.00 ** NOTE — fees effective as of January 1, 2012 After completing a review of existing language, and based on direction from the BOCC, the Attorney's office recommends adding language to the impact fee ordinance allowing for the waiving of school impact fees for a relocated residential structure in instances where: a. The property where the structure is moved from is either: Rezoned to a non - residential zoning designation where the development of a residential land use is prohibited or ii. The property is made voluntarily undevelopable for any use by other means including, but not limited to: recordation of a conservation easement, dedication of the property as permanent open space, etc. b. The properties where the structure is moved from and to are located within the same school district. c. Movement of the structure is in compliance with the standards of the Orange County Unified Development Ordinance (UDO). For additional information please refer to Attachment 1. Legal advertisements for the public hearing were placed in two newspapers of general circulation in the county. Legal ads were published as follows: November 4 and 11 in the Chapel Hill Herald and November 7 and 14 in the News of Orange. FINANCIAL IMPACT: This proposed amendment has been reviewed by various departments which have determined it will have limited financial impact due to the rarity of applicable situations. RECOMMENDATION(S): The Manager recommends the Board: 1. Hold the public hearing to solicit comment from Board members and the general public. 2. Deliberate on the proposal. 3. Close the public hearing. 4. Approve or deny the amendment or continue the matter to the regular meeting on December 3, 2012 for decision. Attachment 1 Ordinance #: 2012 -050 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ORANGE COUNTY WHEREAS, the Orange County Board of County Commissioners has adopted a Code of Ordinances in accordance with the provisions of NCGS including: 153A -49, 153A -50, 153A -121, 153A -122, 153A -124; and WHEREAS, Chapter 30 Article 2 of the Code of Ordinances establishes regulations requiring the payment of educational facilities impact fees; and WHEREAS, the Orange County Board of County Commissioners has determined modifications to existing regulations are necessary to clarify those instances where an educational facilities impact fee is not required to be paid; and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote and achieve the intended purpose of the educational facilities impact fee as defined within Section 30 -31 of the Code of Ordinances; and BE IT ORDAINED by the Board of Commissioners of Orange County that the Code of Ordinances of Orange County is hereby amended as follows. IRED = Proposed Text Section 1. Section 30 -34 Public school impact fee exceptions of the Code be amended as follows: Public school impact fees as provided in Section 30 -33 shall not be imposed in the following circumstances: (1) Buildings or structures, including alterations, repairs, renovations or additions thereto, which are to be occupied and used solely for non- residential purposes. (2) Residential dwelling units for which a building permit was obtained prior to the effective date of this Ordinance. (3) Alterations, repairs, renovations or additions to a residential dwelling unit. (4) Replacement of a building, structure or mobile home used for residential purposes, including the following: a. Installation of a replacement mobile home on a separate lot or mobile home park space when an educational facilities impact fee for such lot or space has been previously paid pursuant to this Ordinance or where a residential mobile home legally existed on such lot or space on or before the effective date of this Ordinance. For the purposes of this Ordinance, "legally existed" shall mean that a mobile home was located on the lot or space during the five -year period prior to the date of adoption of this Ordinance. b. Replacement of a building, structure or mobile home damaged, destroyed or partially destroyed by: the exercise of eminent domain; human acts, such as riot, fire, accident, explosion; or flood, lightning, wind or other natural calamity, with a new building, structure or mobile home. A residential building, structure or mobile home may be replaced with a new building, structure or mobile home of the same or dissimilar dwelling type. For example, a mobile home may be replaced with a mobile home. Likewise, a mobile home may be replaced with a stick -built structure Where IpeIY"Imlil~I~ed as detailed lil~lhliln Appeindix A of the Code of OIY"diIn< IY "°uces. In either case, however, the number of dwelling units may not be increased. Relocafloin of ain exisfling stick built, Im o du a IY ", or Imobile h o Im e used for IY'"esideIn'I~lal purposes oIn'to a pireviously ulndeveIoped p< IY'"cel ulr°udeir the foIIIlowilr°ug ciIr ulmstaiY "°uces, a, ReIIoca lioin Is IpeIY"ImIiI~I~ed llin < ccoIY"d< Ir°uce wiUh Appeindix A of the Code of Ordiinainces, b, 'Phe IpIY"opeIr lies Where the structure Is Imoved fIY"oIYIf"II < Ir° d to are located wiUhiin the s< Ime s6hool district, < Ir°d c, 'Phe Iproperty Where the structure Is Imoved fIY"oIYIf"II Is 6il~lheir, i. Re oIY "°ued to a Y'°uoIY "°u_IY"esideIr°uI~lal zoiniing desiglr°a lioin Where the developlmeIr t of a Y"esideIr°uI~lal Ilaind use Is pIY"ohliIbliI~ed or i. 'Phe property Is Imade voluintairily ulr°udeveIopable for ainy use Irby oI~lheir Ime< IY" s lilr°cludilr°ug , but IY "°uot IIIiImIiI~ed to, n'ec orda 'tIIoIY".n of a c oIY".nserva 'tIIoIY".n ea seIY"lf"neIY".n't, d ed III: a 'tIIoIY".n of I~lhe Iproperty as IpeIY°Ima lneIr t opein space, etc, (6) Accessory buildings and structures, including, but not limited to, garages, decks, storage buildings, and similar structures, provided they are not used for residential purposes. (7) Temporary buildings and structures, provided they are not used for residential purposes. However, public school impact fees shall not be levied in the following cases: a. A mobile home being used to provide custodial care under the provisions of an approved Special Use Permit lin a a.corda Y "°nce i't~h 'I~he pY'ovisioi ns of Appeindix A, b. A mobile home being used as a temporary residential dwelling during the installation of a replacement mobile home or the construction of a stick -built dwelling unit liln a ccorda lY "°nce lit~h I~lhe Ipn°ovisio i ns of Appeindix A, Section 2. That this ordinance be placed in the book of published ordinances. Section 3. This ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 7 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2012.