Volume 1, Issue 2 August, 2006
 
The Real Estate Report
Local Government News Impacting the Real Estate Industry


 

Dear Fellow REALTORS®:

Welcome to the second edition of The Real Estate Report, a monthly eBulletin of the Chapel Hill Board of REALTORS®. One of the benefits your Board is working to provide you is more comprehensive, in-depth, and timely information on local government and legislative issues that affect real estate, our customers and clients and our business in our area. This includes development activity and area regulatory, tax and school issues.

We encourage each of you to use this newsletter to stay informed about local issues and ask that you forward comments or items of interest to Sue that you think ought to be included in future issues.

Best,

Mark Zimmerman, RE/MAX Winning Edge
Chair, CHBOR Legislative Affairs Committee


New Development

Durham Athletic Park to Build Two New Buildings
Two new five-story office buildings are planned beyond the walls of the Durham Athletic Park. The so-called Diamond View II and III buildings will join Diamond View I, built in 1998. In addition to office space, these buildings will offer restaurants, bars, and shops on the plaza level, and residential units on the upper level. Construction is expected to begin in the fall. For full story, click here.

Walmart on Smith Level Road
Lee-Moore Oil C.o is considering development of a Walmart or other big-box store on its parcel of land on Smith Level Road where it intersects with 15-501 at the Orange-Chatham line. Although it has not filed any paperwork with the Chatham planning department, it has been in talks with the Department of Transportation about building a driveway to the property, one of the first steps in development. The Board of Alderman has said that it will seek a delay in negotiations on the project due to several concerns that include protecting the land within the watershed, providing safe avenues for students going to the soon-to-come Carrboro High School, and making it safe for cars going in and out of driveways along Smith Level Road. For full story, click here.

Changes in Williams Corner Plan Negatively Received
Blake and Associates, in conjunction with Luis Rios of Zapolski and Rudd are building a new development on 15-501 between Chapel Hill and Pittsboro. Originally the 500,000 square-foot Williams Corner was to include retail space, medical offices, and 40-60 townhouses. However, at a recently held meeting, the two developers proposed cutting the residential units to add more medical offices and a 115 square-foot retail store. Residents did not like this proposal, arguing that a big retail store would compete with local businesses and cause traffic congestion. Blake and Rios plan to hold more community meetings to discuss their proposal. For full News and Observer coverage of the story, click here.

Chatham County Attracts Residential Developers
As land prices in Raleigh, Durham and Chapel Hill continue to rise, farm and forest land in Chatham County has become more attractive to developers. This “underdeveloped jewel of the Triangle” has recently hit a residential growth spurt as home sales leapt from 425 in 2002 to 1,100 last year. The average sale price for a home in the county in 2005 was $310,000, second in the triangle only to Orange County and $75,000 more than the average in Wake County. East West Partners of Chapel Hill is building Powell Place, a 148-acre project that will include lots for about 1,000 homes, a hotel and a commercial center at the corner of U.S. 64 Bypass and N.C. 15/501 about a mile north of Pittsboro. Several other extensive developments are in the planning stages.
From Triangle Business Journal: Homes

Shortbread Lofts to be Constructed on Rosemary Street
Larry Short, developer of The Warehouse apartments on Rosemary Street, wants to demolish an office building and a 20-unit residential structure on the south side of West Rosemary Street between Mitchell Lane and Church Street in order to construct the Shortbread Lofts, which would feature 180,584 square feet of retail and residential space. The development proposal include 230 underground parking spaces, retail space on the street level, and 160 residential units. The building will feature single story apartments and one-and-a-half story lofts ranging from 600 to 800 square feet targeted at young singles and adult couples who want to live downtown. For full story, click here.

 


Regulatory Issues

Hillsborough Agrees to Annex 40 Acres
The Hillsborough Town Board has agreed to annex 40 acres between Rabbit Road and Strouds Creek Road on the west side of NC 57. The land will be rezoned for light industrial use. Companies that are interested in the land must submit and have their plans approved by the town before they begin building.
From Herald-Sun

Brownfield Property Reuse Act Amended
The NC House has passed a bill that amends the Brownfield Property Reuse Act. Brownfield Properties include sites that are abandoned or underused, at which expansion or redevelopment is hindered by actual environmental contamination or the possibility of environmental contamination. Under the bill, properties that are on the National Priorities List cannot be considered a Brownfield Property and cannot enter a Brownfield agreement with the Department of Environment and National Resources. The bill clarifies the language used in the Act, reduces the period for public comment on a proposed Brownfield agreement from 60 to 30 days, and reduces the time periods involved in requesting a public meeting on a proposal from 30 to 15 days. The bill becomes effective Jan 1. 2007.
From NCCBI Legislative Bulletin

No Tax Increase for Chatham County
The Chatham County Board of Commissioners adopted a budget with no tax increase for the 2006-2007 fiscal year. The rate will remain 59.7 cents per $100 valuation. The county increased their budget 1.5% to $70 million dollars. The budget calls for increased spending on law enforcement, telecommunications and social services, a 21 percent increase in the county attorney's retainer fee, and $30,000 in raises for the county manager, sheriff and register of deeds. To avoid a tax raise, the board decided to use $6.5 million from their fund balance.
For full story, click here.

Durham Tax Rate Rises 2 Cents
The Durham City Council raised the property tax by 2 cents to 60.3 cents for each $100 of assessed property value. They also increased water and sewer fees by 5%. The tax increase, officials said, is largely because of increased spending to replace worn out vehicles and infrastructure, to maintain the current level of service at the Durham Area Transit Authority, and to make payments incurred from $110 million in bond improvements approved by voters in November.
From Herald-Sun


Board of Aldermen Needs More Research on Mandatory Inclusionary Zoning
At a meeting on June 13th, the Board of Aldermen decided it needed more research on mandatory inclusionary zoning before implementing it in Carrboro. Inclusionary zoning requires developers to build affordable housing in high-end neighborhoods. They already have a form of inclusionary zoning in place, but it is voluntary. Mandatory inclusionary zoning would require all developers to comply. The board decided to review other towns that already have mandatory inclusionary zoning before making any final decisions.
From Herald-Sun

Cary and Chatham County Discuss Joint Land Use Plan
A public meeting held by the Town of Cary and Chatham County was recently held to discuss a joint land use plan between Jordan Lake and the Chatham/Wake County line. At the open house meeting they discussed the future direction for development and growth for the area. The purpose of the meeting was to raise awareness to citizens of the planning process and to hear their input. The planning will occur over summer and fall, and in order to become official it must be adopted by separate acts of the Chatham County Board of Commissioners and the Cary Town Council. To learn more, click here.

Changes in Tax Rates Vary in Orange County
Depending on where you live in Orange County, your property tax rate will increase by 6 cents or more for 2007 fiscal year. Chapel Hill and Carrboro have no increase in property tax rate, but Hillsborough and the Chapel Hill Downtown Service District have both increased property taxes by 5.4 cents and 3.7 cents, respectively. All properties in Orange County will have to pay an additional 6 cents per $100 assessed property value for the Orange County tax.
From Herald-Sun


Schools

No Merger, but School Equity Remains Hot Topic
The Wake County School Board has given preliminary approval for the guidelines that will be used to select which elementary schools will become year-round. School size will be the most important factor in the decision. Year round schools can serve more students by keeping the buildings in constant use. The public will be able to comment on the guidelines until July 18 on the district's Web site at www.wcpss.net/growth/ index.html or by filling out a form available at schools. On July 18, the board will adopt the guidelines. On Aug. 15, school administrators will identify the schools to be converted. Administrators want the board to give preliminary approval for those schools Aug. 22. For full story, click here.

Carrboro High School will Open in Fall 2007
Chapel Hill-Carrboro City Schools plans to open Carrboro High School in the fall of 2007. They have currently narrowed down the district proposals to two options. Under Plan A-1, students in the southern part of the district would attend Carrboro High. It moves 649 students from Chapel Hill High and 104 from East to the new school. Plan D-1 moves the line for the new school farther south. Under that plan, 690 students from Chapel Hill High and 217 from East would go to Carrboro. A map of the plans can be viewed here.

Schools Adequate Public Facilities Ordinance (SAPFO)
In 2003, Chapel Hill, Carrboro, the Chapel Hill-Carrboro City Schools and Orange County adopted the Schools Adequate Public Facilities Ordinance (SAPFO). The ordinance requires all residential development projects to acquire a Certificate of Adequate Public Schools (CAPS) from the school system before beginning construction. However, if elementary schools exceed 105% of capacity, the school board will stop issuing CAPS, preventing approved projects for proceeding to construction. Current enrollment projections predict that our elementary school enrollment will exceed the 105% capacity by 10 students in the 2007/08 school year. Without modification or a waiver, the schools would stop issuing CAPS when the overage is discovered, likely to be September or October, 2007. This could delay or derail critical public and private development and redevelopment projects in Chapel Hill and Carrboro and cause avoidable school overcrowding. To help prevent this, contact members of the Orange County Board of Commissioners and encourage them honor their commitment to SAPFO by fully funding Elementary School #10 to open in the 2008/09 school year and to waive the limits for any minor exceeding of capacity projected for the 2007/08 school year. Click Here to Email the Commissioners.


County

Rising Home Values in Orange County Driven by Chapel Hill Market
Orange County home values rose 8% last year, 4 percentage points higher than the increase in Wake, Durham, Johnston, and Chatham counties. Development in Chapel Hill has been the primary driver of Orange County’s housing market. Most of the new home sales in 2005 were in Lake Hogan Farms, Meadowmont, and Providence Glen subdivisions. The average sale prices of the subdivisions were $448,474; $730,916; and $207,452, respectively. The average price of homes in all of Orange County last year was $325,000. “Home price is driven by a great quality of life, strong public schools and slow growing supply,” said Aaron Nelson, executive director of the Chapel Hill – Carrboro Chamber of Commerce. The number of homes beginning construction in Orange County dropped last year, however there are several new developments planned for downtown Chapel Hill over the next five years.
From Triangle Business Journal: Homes

Five-Year Plan Calls for $125,000 in New Commercial Construction and 5,000 new Private Sector Jobs
The Orange County Economic Development Commission hosted a countywide economic development summit at the Friday Center in January in order to come up with an economic plan for the county. The overall goal of the plan is “to create 5,000 new private sector jobs and increase the assessed value of non-residential property bye $125,000 in Orange County by June 2010.” They will do this by focusing on business climate, infrastructure, workforce development, and quality of place. To view the full plan, click here.


The Triangle

Population Growth in the Triangle will be Highest in Johnston and Wake Counties
The Research Triangle Regional Partnership has released data gathered from ESRI Business Information Solutions on the projected annual population growth from 2005-2010 in the region. Johnston and Wake counties are expected to have the highest population growth in the 13-county region with 3.1% and 3.0% annual growth, respectively. Warren and Vance counties will be the slowest growing counties with 0.0% and .2% annual growth. Orange County falls in the middle with a projected population growth of 1.5% this year.
From State of the Research Triangle Region 2006

Court Bans Durham County from Charging Impact Fees
The State Court of Appeals has upheld a lower court decision to ban Durham County from charging developers with impact fees to help pay for the cost of building schools. The ruling ordered the county to pay back the $7.5 million that has been collected in the past 2 ½ years as well as an 8% interest of $605,000. Durham County plans to challenge this decision in the State Supreme Court. The money they collected is being held in escrow until a final resolution is made.
From Herald-Sun

Hispanic Growth in the Triangle
The latest census estimate shows that growth in the Hispanic population continues to outpace all other ethnic groups in the Triangle and Statewide. North Carolina’s Hispanic population grew to more than 550,000 between 2000 and 2005, a 46 percent rise. It was the fifth-largest jump in Hispanic population in the nation, behind Arkansas, Georgia, South Carolina and South Dakota. The new number, part of the U.S. Census Bureau’s annual population estimates, show that Hispanics are no longer a largely migrant population. Since an influx in the early 1990s, Hispanics have become a key part of the state’s work force. Paul Williams of the N.C. Home Builders Association said Hispanics now make up about one-fifth of the state’s construction work force. “What we’re seeing now are Latino workers that are forming their own businesses,” he said. “They’re not just laborers any more.” For full story, click here.


State

Governor Easley Signs $18.9 Billon Budget for NC
Governor Mike Easley has signed an $18.9 billion budget for NC for the 2007 fiscal year. The budget increases spending on education with an average 8 percent raise for public school teachers and at least 6 percent for university and community college staff. Mental health programs received an additional $95 million to improve treatment, and $328 million to replace two mental hospitals and complete work on a third. The budget also cut the state sales tax by a quarter-penny and the individual income tax rate for the highest wage earners from 8.25% to 8%. Most state workers will get a 5.5% raise.

Governor Easley Signs Senate Bill 1381 into Law
Two weeks ago, Governor Mike Easley signed Senate Bill 1381 into law. This statute affords the region the option to convert the section of I-540 under construction near Morrisville to a turnpike route in order to reduce the gap for proposed area turnpikes.
From RTA Reports

Eminent Domain Legislation Approved
The House and Senate approved legislation Thursday, July 20, that addresses the controversial issue of Eminent Domain. House Bill 1965 restricts the purposes for which Eminent Domain may be used by private and public condemners. Under the bill, the authority to exercise the power of eminent domain does not apply to economic development projects unless revenue bonds for the projects were approved by the Local Government Commission prior to July 1, 2006. The bill would become effective July 1, 2006 and has been sent to the governor for his approval.
From NCCBI Legislative Bulletin


Federal

IRS Closes Tax-Exemption Loophole for Some Home Buyers
The Internal Revenue Service ruled last month that nonprofit down-payment-assistance programs do not qualify for tax exemptions if they transfer money from the seller to the buyer. In the last decade, these nonprofits have helped about 600,000 families buy homes without saving the 3 percent down payment that that Federal Housing Administration (FHA) requires. IRS examiners will use the ruling to decide whether to strip organizations of their tax-exempt statuses. For full story, click here.


Other

Hurricane Season Predictions
Forecasters are predicting a very active season for the 2006 north Atlantic. The prediction is 13 to 16 named storms, with 8 to 10 becoming hurricanes, of which 4 to 6 could become major storms of Category 3 strength or higher. However, it only takes one hurricane to hit your area to make it a bad season. For a short-form summary of predictions, click here. For a long-form full report, click here.