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Warehouse proposal at Mukpond Road draws scrutiny over public water/sewer extension and overriding public interest test

5438497 · July 22, 2025
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Summary

A proposal to modify a PD and extend public water and wastewater lines into a rural area for a large warehouse/distribution project prompted debate over whether the project meets the county—riteria for exceptions to utility‑extension policy.

An applicant seeking a major modification to a planned development at the southwest corner of Mukpond Road and McIntosh Road told the zoning hearing master June 21 that the site’s redevelopment for industrial warehouse and distribution uses requires extending public potable water and wastewater into the rural area. Development Services staff provisionally found the request supportable; Planning Commission staff concluded the application did not demonstrate the high standard of an overriding public interest required by the county’s 1‑Water policy.

Isabel Albert of HAF (applicant) said the roughly 20‑acre site previously approved for RV storage now would support up to about 350,000 square feet of warehouse space (applicant cited 350,000 sq ft) and associated roadway improvements, including new left‑ and right‑turn lanes on Mukpond Road and McIntosh Road. The applicant submitted revised conditions to add small electrical rooms and requested an allowance to extend certain parapet architectural elements above the roofline for design purposes.

Development Services’s written report noted the site is in the rural area and that LDC provisions allow exceptions to water/wastewater extensions only when a project demonstrates consistency with the comprehensive plan, technical feasibility and, in limited cases, an overriding public interest. County water‑resources reviewers confirmed system capacity exists and the extensions would be technically feasible. The county’s Economic Development Department supported the extension on the basis of job creation and economic benefit, and staff said the proposed warehouse aligns with target industries promoted by regional economic development partners.

Planning Commission staff, however, emphasized the policy’s high standard for exceptions and concluded the applicant had not provided sufficient evidence that the extension met criteria 3 or 4 of the policy (public health/safety impacts or demonstrable public benefits) and therefore recommended the major modification be found inconsistent with the comprehensive plan’s 1‑Water policy. The Planning Commission report advised that any exception for public utilities in the rural area is intended for limited, typically publicly funded activities.

Applicant counsel and economic‑development proponents argued the location — adjacent to I‑4 and existing commercial nodes — and the project’s job‑creation potential constitute an overriding public interest. William Malloy, representing the applicant, said the site’s logistics function “is right off I‑4” and fits the county’s economic goals.

Hearing master Pamela Jo Hatley closed testimony without deciding the matter; the hearing master will file a recommendation for the Board of County Commissioners, which must resolve the utility‑extension question and any major modification request.