May 28, 2024 Updated Resolution 14-2024-Providence at Centreville Annexation

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

TOWN COUNCIL OF CENTREVILLE
RESOLUTION 14-2024
A RESOLUTION TO ANNEX CERTAIN LANDS OF PROVIDENCE AT
CENTREVILLE LLC INTO THE TOWN OF CENTREVILLE CONSISTING OF
279.586 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS
AND CONDITIONS OF THE ANNEXATION
WHEREAS, the Town of Centreville (the “Town”) is authorized by the provisions of Md.
Code Ann. Local Government § 4-401 to expand its municipal boundaries by annexing lands
adjacent to the Town, and Providence at Centreville, LLC (hereinafter also referred to as the
“Providence,” or “Petitioner”), the owners of one hundred percent (100%) of the assessed valuation
of the real property to be annexed, has requested that the Town annex a certain parcel owned by
Petitioner, which is adjacent to the municipal boundaries of the Town, consisting of a total of
279.586 acres of land, more or less (hereinafter “Providence Property”). The Providence Property is
shown on a plat entitled “ANNEXATION PLAT” dated January 5, 2024, by Lane Engineering,
which is attached hereto as Exhibit A, and a METES AND BOUNDS description prepared by by
Lane Engineering dated January 5, 2024, attached hereto as Exhibit B.
Petitioner is the owner of one hundred percent (100%) of the assessed valuation of the real
property located in the area to be annexed. There are no people living within or residing upon the
area to be annexed.
The Providence Property is located adjacent to existing Town boundaries. If the Providence
Property is incorporated into the Town boundaries, no enclaves of non-Town land will be created.
Now, therefore, the Town Council of Centreville hereby resolves:
Section 1. Modification of Town Boundaries. The corporate boundaries of the Town
are hereby amended to include the addition of the Providence Property, which is described on the
Survey attached hereto, subject to technical review and correction by the Town, or it’s designee,
prior to the public hearing to be held on this Resolution.
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Section 2. Application of Town Charter and Ordinances. Upon the effective date of
this Resolution, the provisions of the Centreville Town Charter, and any local public laws enacted or
to be enacted affecting the Town of Centreville, shall be effective within the Providence Property.
Section 3. Annexation Plan. Petitioner has prepared an Annexation Plan with regards to
the Providence Property (hereinafter “Annexation Plan”) which is attached hereto as Exhibit C. The
Annexation Plans will have been presented to the Town as a part of the Petition for Annexation at
the time of the hearing hereon. The Town Council reserves the right to amend the Annexation Plan
prior to the final enactment of this Resolution in the manner provided in Md. Code Ann. Local
Government § 4-415.
Section 4. Real and Personal Property Taxes.
The Town shall abate Town real estate taxes and Town personal property taxes for the
Providence Property until: (1) such time as Town water and sewer services are constructed and
available to service the anticipated development of the Providence Property; or (2) the passage of 25
years after the effective date of the annexation, whichever occurs first.
Furthermore, if prior to the passage of 25 years after the effect date of the annexation, a
portion of the Providence Property is served with Town water and sewer, the remaining unserved
portion of the Property shall retain the abatement provided for herein.
Section 5. District Creation and Zoning Classification: Right to Withdraw Request
for Annexation.
The Providence Property is currently in Queen Anne’s County and is zoned “Agricultural.”
The Providence Property is located within a Land Use area designated for “Planned Annexation” and
is further designated Growth “Tier II” in the Comprehensive Plan (Maps 1B), meaning its
development and growth is consistent with the Comprehensive Plan. The Annexation Property is
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identified as part of Growth Area 4 in the Comprehensive Plan Table 2, Map 1 A, has a Tier
designation of II in Map 1 B, and envisioned to be developed as a “Complete Neighborhood” in
“Growth Area Plan Map 2.”
The Petitioner has requested, and the Town has agreed to zone the Providence Property
Traditional Neighborhood Development District (TND) in accordance with Ordinance _______.
The Petitioner agrees that as a condition of the annexation, it will only develop the Annexation
Property in accordance with the TND District and/or Planned Unit Development District (PUD)
provisions of the Town Zoning Ordinance at a density not to exceed what is otherwise allowed in the
TND zone, and it may apply to the Town Council for a PUD floating zoning designation (or another
zoning district consistent with the Comprehensive Plan, and Town Zoning Ordinance as it may be
amended from time to time). It is intended that the Comprehensive Plan and the provisions of the
TND and/or PUD provisions, as implemented, and any amendments thereto, will control the
development and use of the Annexation Property.
To the extent that authorization by Queen Anne’s County is required by Md. Code Ann.
Local Government § 4-416, the Town will submit any zoning classifications, text provisions, and
zoning map amendments proposed to apply to the Providence Property within five years of effective
date of Resolution ____ to the Queen Anne’s County Commissioners, together with a request that
the County Commissioners expressly approve the Town zoning classification and authorize the land
uses and densities permitted by such Town zoning classification (“Zoning Approval Request”).
Town agrees to submit the Zoning Approval Request to the County Commissioners commensurate
with providing a copy of the Petition and Resolution as required by Md. Code Ann. Local
Government § 4-416. Furthermore, if, within the first five years after annexation, such County
authorization is required by law and the County Commissioners fail or refuse to authorize the land
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uses permitted by the Town's proposed zoning of the Annexation Property, the Petitioner agrees
(unless it otherwise withdraws its Petition) that it will wait until the expiration of the five-year period
before requesting final subdivision or site plan approval for the development of the Providence
Property. In the event the County Commissioners do not approve the proposed zoning or authorize
the land uses and densities permitted in the Town zoning classification, the Petitioner may proceed
with any and all Town land use approvals to the extent permitted by law that are prerequisite to final
subdivision or site plan approval.
Section 7. Incorporation of Certain Exhibits. Exhibits “A,” “B,” and “C” are
incorporated into this Resolution and made a part hereof.
Section 8. Public Hearing and Public Notice. The Town Council shall conduct a
public hearing on this Resolution on ____________ at p.m. Prior to the hearing,
the Town Clerk shall arrange for the publication of a legally sufficient notice of the hearing in the
Queen Anne’s County Star Democrat four (4) times at not less than weekly intervals, the date of
publication of the last such notice to be at least fifteen (15) days prior to the date of the hearing. In
addition, on the date of the first publication of the notice of the hearing, the Town Clerk shall notify
the following persons or agencies of the hearing and shall provide them with a photocopy of this
Resolution, including Exhibits:
(a) The Queen Anne’s County Commissioners;
(b) The Queen Anne’s County Planning and Zoning Commission; and
(c) The Maryland Department of Planning.
Section 9. Annexation Agreement and Expenses. The Town Council may execute an
annexation agreement, an agreement for the extension of public services and facilities, or other
agreements of a similar nature with the Petitioner provided that the terms of this Resolution shall
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prevail over any inconsistent term in any such agreements. The Petitioner shall reimburse the Town
for all reasonable expenses incurred by the Town in connection with the annexation.
Section 10. Registration of Boundaries. Within ten (10) days of the effective date of this
Resolution, in accordance with the provisions of Md. Code Ann. Local Government § 4-414, the
President of the Town Council, or its designee, shall promptly send a copy of this resolution with the
new municipal boundaries to:
(a) the Town Clerk;
(b) the Clerk of the Circuit Court for Queen Anne’s County, Maryland; and
(c) the Maryland Department of Legislative Services.
Each such official or agency shall hold this Resolution with the new boundaries on record
and available for public inspection during normal business hours.
Section 11. Effective Date. This Resolution shall become effective forty-five (45) days
after final enactment unless: (a) a petition for referendum has been filed prior thereto in accordance
with Local Government Article, Section 4-400 et seq. Annotated Code of Maryland, or (b)
Providence at Centreville, LLC withdraws its’ request for annexation pursuant to this Resolution.
This Resolution shall be deemed “finally enacted” on the date on which the Town Council indicates
approval of this Resolution by signing it.
I hereby certify that the above Resolution was passed by a yea and nay vote of the
Town Council this day of , 202__.
____________________________________
R. Gaye Adams, Town Clerk
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APPROVED:
WITNESS:
TOWN COUNCIL OF CENTREVILLE
Ashley Heffernan Kaiser, Esq., President
Eric B. Johnson, Jr., Vice President
Jeffrey D. Kiel, Member
Daniel B. Worth, Member
Jim A. Beauchamp, Member
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