AGENDA ITEM 15
December 14,2010
Introduction
MEMORANDUM
TO:
FROM:
County Council
{<MiChael Faden, Senior Legislative Attorney
SUBJECT:
Introduction:
Expedited Bill 59-10, Transportation Impact Tax - Amendments
White Flint Impact Tax District
Expedited Bill 59-10, Transportation Impact Tax Amendments - White Flint Impact
Tax District, sponsored by the Council President at the request of the County Executive, is
scheduled to be introduced on December 14, 20 10. A public hearing is tentatively scheduled for
January 18, 2011 at 1:30 p.m.
Bill 59-10 would:
• create a White Flint impact tax district;
• define the boundaries of the district, cotenninous with the White Flint special taxing
district created by Bill 50-10;
• set the rate of impact taxes for the district at $0, as the Council tentatively decided when
it
reviewed the White Flint financing plan; and
• apply the $0 tax rate for any development for which an application for a building pennit
is filed on or after December 1,2010.
This packet contains:
Expedited Bill 59-10
Legislative Request Report
Memo from County Executive
Circle #
1
4
5
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Expedited Bill No.
59-10
Conceming: Transportation Impact Tax
- Amendments - White Flint Impact
Tax District
Revised: 12-9-10
Draft No. 1
Introduced:
December 14, 2010
Expires:
June 14, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _____
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Effective:
December 1, 2010
Sunset Date: ...!.N.:.::o'-'-:n=e-:-----=_ _ __
Ch.
Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN
EXPEDITED
ACT to:
(1)
create a White Flint impact
tax
district;
(2)
define the boundaries ofthe White Flint impact tax district;
(3)
set the rates of the transportation impact tax for the district; and
(4)
generally amending the law governing the transportation impact
tax.
By amending
Montgomery County Code
Chapter 52, Taxation
Sections 52-49 and 52-57
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED BILL
No. 59-10
1
Sec. 1. Sections 52-49 and 52-57 are amended as follows:
52-49.
Imposition and applicability of development impact taxes.
2
3
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(c)
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*
4
The following impact tax districts are established[, consisting of the
listed Policy Areas as defined in the Growth Policy]:
(1)
Metro Station:
Friendship Heights, Bethesda CBD, Grosvenor,
White Flint, Twinbrook, Rockville Town Center, Shady Grove
Metro, Silver Spring CBD, Wheaton CBD, and Glenmont
Metro station policy areas.1 as defined in the most recent
Subdivision Staging Policy, except as modified by paragraph
@
for the White Flint policy area;
(2)
5
6
7
8
9
10
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12
Clarksburg:
Clarksburg policy area.1 as defined in the most
recent Subdivision Staging Policy;
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15
(3)
White
Flint:
The area included in the White Flint Special
Taxing District in Section 68C-2; and
@
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17
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General:
Any part of the County, including any municipality,
not located in [a listed policy area] an area listed in paragraphs
( 1)-(3).
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*
52-57. Tax rates.
(a)
*
*
III
The tax rates for each impact tax district.1 except as provided
subsection (Q1 are:
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23
*
{Q}
tax rates are:
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*
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25
For any development located in the White Flint Impact Tax District, the
Tax per Dwelling Unit or per Square Foot ofGross Floor Area (GFA)
Building Type
I
White Flint
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EXPEDITED BILL
No.
59-10
High-rise residential (per dwelling unit)
Multifamily-senior residential (per dwelling unit)
Office (per sq.ft. OFA)
Industrial (per sq.ft. OFA)
Bioscience facility (per sq. ft. OFA)
ail (per sq.ft. OFA)
of worship (per sq. ft. OFA)
e elementary and secondary school (per sq.ft. OFA)
Hospital (per sq.ft. OFA)
Other nonresidential (per sq.ft. OFA)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
26
27
[(b))W
[(c)]@
28
29
30
31
32
[(d)JW
[(e)]ill
[(t)](g)
Sec. 2.
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Expedited Effective Date.
The Council declares that this Act is necessary for the immediate protection
of the public interest. This Act takes effect on the date when it becomes law, and
applies to any development for which an application for building permit is filed on or
after December 1,2010.
Approved:
33
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35
36
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38
Valerie Ervin, President, County Council
Date
39
Approved:
40
41
Isiah Leggett, County Executive
Date
o
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LEGISLATIVE REQUEST REPORT
Expedited Bill 59-10
Transportation Impact Tax
-
Amendments
-
White Flint Impact Tax District
DESCRIPTION:
The requested legislation establishes a new White Flint Impact Tax
District, defines the boundaries of the District, and sets the tax rate in
the District.
Implementation of the White Flint Sector Plan.
Implementation of the White Flint Sector Plan through (1) this
legislation, (2) Bill 50-10, White Flint Special Taxing District, (3)
Resolution 16-1570, White Flint Sector Plan Implementation
Strategy and Infrastructure Improvement List, and (4) $385,000
Special Appropriation to the FYll Capital Budget and Amendment to
the FYll-16 Capital Improvements Program (CIP) for White Flint
District West: Transportation Project.
Department of Finance; Office of Management and Budget
To be requested.
To be requested.
N/A
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
NIA
Jennifer Barrett, Director, Department of Finance
Joseph Beach, Director, Office of Management and Budget
Kathleen Boucher, Assistant Chief Administrative Officer
Diane S. Jones, Assistant Chief Administrative Officer
N/A
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE,
MARYLA~D
20850
Isiah Leggett
County Executive
MEMORANDUM
December 9, 2010
TO:
FROM:
SUBJECT:
Valerie Ervin, President, County Council
~\
ISia~ Le~gett,
County
Exe.cut~ve~(
White Fhnt Impact Tax Dlstnct
rJ;;;:W--
f
()­
I am transmitting for Council introduction a bill to create a White Flint
Impact Tax District. This is a follow-up to the Council's action, on November 30, 2010,
on Bi1l50-10, White Flint Special Tax District and Resolution 16-1570, White Flint Sector
Plan Implementation Strategy and Infrastructure Improvement List.
Bill 50-10 created a special tax district for the White Flint area that is
intended to replace certain development transportation charges, including transportation
impact taxes. Resolution 16-1570 outlined an implementation strategy for the Wllite Flint
Special Tax District which includes creation of a Willte Flint Impact Tax District, with tax
rates of $0, to replace the existing transportation impact tax in White Flint.
The attached legislation creates the White Flint Impact Tax District
envisioned in Resolution 16-1570. The boundaries of this distract are the same as the
boundaries for the White Flint Special Tax District. Within this area, the transportation
impact tax rate is to be set at $0.
Executive staff are available to assist the Council in any way as it considers
the attached legislation. Thank you for your consideration and assistance in moving the
White Flint Sector Plan forward towards realization.
cc:
Jennifer Barrett, Director, Department of Finance
Art Holmes, Director, Department of Transportation
Carla Reid, Director, Department ofPennitting Services
Diane Schwartz Jones, Assistant Chief Administrative Officer