PHED ITEM 1
July 12, 2010
Planning, Housing and Economic Development Committee
Faden, Senior Legislative Attorney
Expedited Bill 38-10, Buildings- Adequate Public Facilities
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).
Bill 38-10 would redefine the term "existing building" for purposes of implementing the
County's adequate public facilities requirement. The amendment 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
renovation or reconstruction is filed." We interpret this language to mean occupied at
during that 12 months, rather than for the
12 months. Proponents of this Bill, the Planning
Board, and Council staff all agree that this period is much too short and hinders the reuse of