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Commissioners defer Elmwood Farms APFO decision, ask developer and staff for mitigation options
Summary
Washington County commissioners did not approve the developer’s request to use the alternate APFO mitigation contribution for Elmwood Farms Section 5D. Commissioners asked staff and the developer to return with specific mitigation options that address school-capacity impacts.
Washington County commissioners on Tuesday declined to approve a developer’s request to proceed under the Adequate Public Facilities Ordinance’s alternate mitigation contribution for Elmwood Farms Section 5D and instead asked staff and the developer to return with concrete mitigation options.
The request covered 19 remaining lots in Elmwood Farms’ Section 5D. Developer John Del Valle and attorney William C. Watts asked the board to allow the project to use an alternate mitigation contribution tied to a prior preliminary plat approval dating to February 2005. Del Valle said completing the 19 lots would generate county revenue and that the developer has already invested in off-site work, including an off-site water line and Kendall Road improvements.
The county planning staff recommended against allowing the developer to rely solely on the alternate mitigation contribution because Fountain Rock Elementary School is over 120% of state-rated capacity and the developer’s proposed additional lots exceeded what was authorized by the earlier preliminary plat. Jill Baker, planning staff, told commissioners that when a development causes a school’s utilization to exceed 120%, the APFO requires a mitigation plan beyond the default payment.
Commissioners and staff discussed mitigation options the board could require, including: additional funds above the per-lot contribution, school-site dedication (not appropriate here), or delaying building permits until the new school opens. County staff suggested the developer could proffer a condition such as deferring building permits until capacity is confirmed after the new school is in service.
County staff and the developer also disputed how the 2005 preliminary-plat grandfathering applies after later replats and lot splits. The developer said the alternate contribution previously accepted for other sections amounted to roughly $3,300 per lot and that the total alternate-contribution amount for the 19 lots had been calculated at about $63,600; planning staff said those prior allowances do not automatically apply because the current request increases the number of lots above the old approval.
After extended discussion about student yield, capacity projections, and prior infrastructure contributions the developer has made (including a water line and road work), the commissioners directed staff to prepare mitigation options and to coordinate with the developer. The item will be returned for decision at a future meeting.
Speakers who spoke directly on the item included William C. Watts (developer representative), John Del Valle (owner/developer), Jill Baker (planning staff), Commissioner Klein, Commissioner Harvey, Commissioner Bartlett and Commissioner Wagner. No APFO waiver or mitigation acceptance was approved at the meeting.
