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January I1, 2008 (Recessed Meeting) Page 676 "a) that Currently Available Revenue Sources are committed to all Public Facilities in the Capital Improvements Program that are needed to accommodate the impacts of the development; and b) that phasing conditions are included that link the timing of new development to Planned Capacity that will be available, as shown in the Capital Improvements Program or that is guaranteed by Mitigation as provided in subsection c), below; and c) the applicant has agreed to Mitigation for its prorata share of Planned Capacity. The Mitigation must include all proposed development within the first two (2) years of the phasing program." • If there is no available capacity within 5 years, then: - APFO is silent on issue, but state law prevents what is in effect a moratorium. • To avoid creating a moratorium, developers should be permitted to build no more than 10 units per year, beginning in a year to be determined. • A definitive recommendation will follow at the conclusion of further research. • Retesting occurs annually after adoption of CIP. Mr. Day and Jonathan Marshall, Commerce Director, responded to questions from the Board and a general discussion ensued. Mr. Day pointed out that if a developer does not get a Reservation of Capacity Certificate and comes to pull a building permit, then the County will test the available capacity again. Although that will be the County's practice, he said the Ordinance does not contain that specific language, but should. Reservation of Capacity 3ahedule - Avignon Subdivision A Reservation of Capacity (ROC) schedule was presented for the Avignon subdivision. John D. Day, County Manager, pointed out there is no current available capacity for Boger Elementary School and the Northwest Middle and High School according to Formula No. 1. The subdivision also failed the Formula No. 2 test (planned capacity based on the first two years of the Facilities Plan) due to the lack of capacity at the middle school. The subdivision did pass Formula No. 3 (planned capacity based on the first five years of the FacilitiesPlan) for all three schools. Jonathan Marshall, Commerce Director, said since the middle school is the limiting factor, the developer would not be able to pull permits until 2010 - when the new middle school is projected to open; in essence, tying the build-out schedule to when the schools open. Mr. Day stated the ROC worksheets will continue to be refined and further discussion continued. Issues addressed included the following: ability to withstand legal challenges, the reservation of capacity process, transferring ROC certificates to another developer, retesting yearly upon the adoption of the Capital Improvement Plan, etc. Reservation of Capacity 9ahedule - Wellington Chase Subdivision A Reservation of Capacity (ROC) schedule was presented for the Wellington Chase subdivision. The subdivision failed all three tests. Adjustment to the Capital Improvement Plan (CIP) Richard M. Koch, County Attorney, asked if the Board wanted to use the anticipated competition dates for school construction as adopted in the annual CIP or to use actual dates. He said the Board should decide to use the historical CIP numbers or instruct staff to use an updated statement of anticipated completion dates for calculation purposes. A general discussion ensued and several Board members expressed a desire to use the most realistic, up-to-date numbers as possible. Mr. Day suggested the school construction completion dates in the CIP be adjusted on an as-needed basis. UPON MOTION of Commissioner Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board voted to place the adjustment of the school construction completion dates in the Capital Improvement Plan on the January 22, 2008 Agenda as a Consent item. Recycling Issues