AGENDA ITEM 15
July 20, 2010
Faden, Senior Legislative Attorney
Action: Expedited Bill 38·10, Buildings- Adequate Public Facilities Definitions
Planning, Housing and Economic Development Committee recommendation: enact
Expedited Bill 38·10, Buildings- Adequate Public Facilities - Definitions, sponsored by
Council President Floreen, was introduced on June 15,2010. A public hearing was held on June
22 (see testimony, ©12-18). A Planning, Housing and Economic Development Committee
worksession was held on July 12, at which the Committee recommended enactment of Bill 38-10
with clarifying amendments.
Bill 38-10 would redefine the term "existing building" for purposes of implementing the
County's adequate public facilities requirement. The Bill would not require an existing building
to have been occupied during the preceding 12 months in order to have the building's previous
capacity count in a new adequate public facilities test.
For the rationale for this change in the law, see the letter from attorneys William
Kominers and Cindy Bar on ©6-9 and the similar testimony of Mr. Kominers on ©12-16 and
Lee Development Group on ©17-18. For the Planning Board's recommendation, see the letter
on ©19-20, the Board's proposed amendment on ©21, and the Planning staff memo on ©22-24.
1) How long ago should a building have been occupied in order to have its capacity
count against a new adequate public facilities test?
This is the primary issue presented by Bill 38-10. The options include:
Under the current law, the building must have been
"substantially occupied during the 12 months before an application for a building permit for