Development restrictions resulting from Gaithersburg's current Adequate Public Facilities Ordinance regarding school overcrowding is pressuring officials to change their standards. Last night, the city's mayor and council held a joint public hearing with the Gaithersburg Planning Commission to discuss a draft proposal and listen to community feedback.
The current APFO standards for school capacity require school capacity to be measured by individual school, and examine its capacity within a 5-year horizon. If a school reaches 110% of capacity, a developer must obtain a city waiver to proceed with schematic development or Preliminary Plan approval in that area of the city. Should overcrowding reach 120%, the area served by that school goes into a development moratorium.
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Gaithersburg schools currently at
110% of capacity or worse
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Under those standards, a majority of the city is now either in moratorium or requiring a 110% waiver. According to city staff, only 36% of the city's land area is currently available to develop minus a waiver, or not in moratorium. The recent worsening of the situation "somewhat caught us by surprise," a staff member said last night.
The most overcrowded schools in the areas under moratorium are Rachel Carson ES (148.1%), Summit Hall ES (140.1%) and Strawberry Knoll ES (138%).
Potential development projects now threatened by the current moratoria include redevelopment of Lakeforest Mall, Orchard Pond II (at Clopper and Quince Orchard Roads), and the Kentlands Boulevard Commercial District.
Using feedback at prior public meetings and a retreat, staff developed a draft amendment to the APFO for presentation last night.
The major proposed changes are the following:
- The current 110% threshold for overcrowding would increase to 150%
- Any new housing unit within the area served by a school that exceeds 105% capacity would have to pay a new Gaithersburg Schools Facility Payment Fee (in addition to the current Montgomery County fee)
- The Gaithersburg City Council would have the authority "to waive either the 150% capacity ceiling or the Gaithersburg Schools Facilities Payment Fee (or both) with defined justifications"
What makes the new Gaithersburg school fee significant, is that - with the cooperation of Montgomery County - all of the money collected through the fee would go toward school construction and additions in Gaithersburg, rather than go into the general MCPS pot. Fees would start at $5400 per high-rise unit in the current draft.
This is an intriguing element compared to the recent changes in neighboring Rockville's APFS, where the City Council voted 3-2 to simply capitulate to developers and adopt the looser County school standards. There would be no new funding specific to Rockville, however. Here, Gaithersburg would potentially capture revenue that would stay within the city.
The third provision - the ability to waive the cap or the fee - caused concern for some on the Gaithersburg council. With the current language suggesting a rather wide loophole, "how can you say no" to a project, Councilmember Cathy Cathy Drzyzgula asked.
As currently proposed, exemptions would be given for projects a quarter-mile from "existing or proposed transit", those that offer at least 30% affordable units, those offering "public benefit", or properties being annexed into Gaithersburg. Also exempt would be any project within the following areas: the Frederick Avenue Corridor Land Use Plan area, the Gaithersburg Olde Towne District, or the Kentlands Boulevard Commercial District. Obviously, these criteria allow much leeway for a waiver to be provided to almost any project in the broadest reading of the language.
Councilman Henry Marraffa said that if development that impacts schools is to occur, it would be preferable to have it within the city to draw revenue from.
Mayor Jud Ashman asked city staff if the proposed formula would work "as advertised?" One staff member said he believed it would, but that it would take several years to reap the benefits of the change.
In contrast to the mass resident outrage over the APFS changes in Rockville, there was little turnout at City Hall last night by residents. A county PTA representative expressed concern over whether allowing more development when schools are over capacity now would be a good strategy. One resident suggested some ways to tighten up the proposed amendment.
The Mayor and Council scheduled a work session on the draft amendment for August 10, 2015. Gaithersburg's Planning Commission will issue it recommendation on the matter on September 2. A vote on the changes is set for September 21.
Images courtesy City of Gaithersburg
