Resolution 07-2024-Providence at Centreville Annexation-Withdrawn

TOWN COUNCIL OF CENTREVILLE

RESOLUTION 07-2024

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 P age | 2 development and growth is consistent with the Comprehensive Plan. The Annexation Property is 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 Residential District R-1 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 Planned Unit Development District (PUD) provisions of the Town Zoning Ordinance at a density not

to exceed what is otherwise allowed in the R-1 zone, and it will 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 PUD zone, 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 P age | 3 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 Record-Observer 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 P age | 4 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__.

P age | 5 ____________________________________

R. Gaye Adams, Town Clerk

APPROVED:

WITNESS:

TOWN COUNCIL OF CENTREVILLE

Ashley H. Kaiser, Esq., President Eric B. Johnson, Jr., Vice President Jeffrey D. Kiel, Member Daniel B. Worth, Member Jim A. Beauchamp, Member P age | 6

EXHIBIT A

EXHIBIT B

EXHIBIT C

THE TOWN OF CENTREVILLE

ANNEXATION PLAN

Property Owners: PROVIDENCE AT CENTREVILLE, LLC (aka “Providence” or “Owner”) Acres: 279.586 acres.

Property Location: Immediately south of Maryland Rt. 304, and east of Rolling Bridge Road, Centreville, MD 21617 (See Annexation Plat, Exhibit ____ to Annexation Petition).

In accordance with Code of Maryland Annotated, Local Government Article, § 4-415(c), the Town of Centreville Maryland is to adopt an annexation plan for any area proposed to be annexed.

§ 4-415(c) provides that for annexations on or after October 1, 2009, the annexation plan “shall be consistent with the municipal growth element of the comprehensive plan of the municipality.” The Municipal Growth section of the Town of Centreville Comprehensive Plan: 2040 (“Town Comprehensive Plan”) is intended to “grow both in a measured way – through deliberate and strategic planning – to maximize the benefits that accrue to both existing and future residents”

I. LAND USE PLAN.

A. LAND USE PATTERN OF THE AREA.

The Providence Property is currently undeveloped/vacant and zoned Agricultural in accordance with the County Zoning Ordinance. It abuts the Town boundaries on the west and north sides. Immediately north of the Providence Property is the Queen Anne’s County High School, Middle School and Board of Education facilities building (just to the west of these public facilities is a shopping center). Immediately east and south are low density subdivisions and

agriculture. Abutting the Providence Property to the west is the Symphony Village active adult community (a medium density residential development), town parkland, the newly constructed YMCA, and County administrative buildings.

B. TOWN COMPREHENSIVE PLAN.

The Municipal Growth Chapter of the Town Plan identifies the Providence Property as “Planned Annexation” and is further designated Growth “Tier II” meaning its development is anticipated under and consistent with the Comprehensive Plan. The Providence Property is further 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.” Annexation of the Providence Property is consistent with the Town Comprehensive Plan.

C. QUEEN ANNE’S COUNTY COMPREHENSIVE PLAN 2022 (“County Comprehensive Plan”).

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EXHIBIT C

A significant and expressed land use policy of the County Comprehensive Plan is to direct “growth to towns…” (See County Comprehensive Plan, p. 4-13). The County Comprehensive Plan, Land Use chapter identifies the Providence Property as a “Growth Area” (Land Use Maps 4-7, 4-8, and 4-9). The Providence Property is further identified on Land Use Map 4-10 and 4- 11 for “Medium Density Residential” use. Annexation of the Providence Property is

consistent with the County Comprehensive Plan.

D. TOWN ZONING.

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 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 Owner has requested, and the Town has agreed to zone the Providence Property Residential District R-1 in accordance with Ordinance _______. The Owner agrees that as a

condition of the annexation, it will only develop the Annexation Property in accordance with the Planned Unit Development District (PUD) provisions of the Town Zoning Ordinance at a density not to exceed what is otherwise allowed in the R-1 zone, and it will 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 PUD zone, 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 uses permitted by the Town's

proposed zoning of the Providence Property, the Owner 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 Owner 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.

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EXHIBIT C

II. PUBLIC SERVICES AND FACILITIES

A. WATER.

The Property will be provided water by the Town of Centreville. The Queen Anne’s County 2011 Comprehensive Water and Sewer Plan Update (CWSP) generally identifies all properties adjacent to, but not within, a municipality as W-6 “No Planned Service.” The CWSP, however, recognizes that properties annexed will be seeking map amendment to the CWSP to access town services, and states in Sections 5.16.1.1 and 5.18 that for annexed properties the towns

may request an amendment to the CWSP that “leap frogs” intervening map designations. Thus, W-6 property recently annexed can be redesignated to W-3 or W-2.

B. SEWER.

The Property will be provided sewer by the Town of Centreville. The Queen Anne’s County 2011 Comprehensive Water and Sewer Plan Update (CWSP) generally identifies all properties adjacent to, but not within, a municipality as S-6 “No Planned Service.” The CWSP, however, recognizes that properties annexed will be seeking map amendment to the CWSP and access to town services, and states in Sections 5.16.1.1 and 5.18 that for annexed properties the towns may

request an amendment to the CWSP that “leap frogs” intervening map designations. Thus, W-6 property recently annexed can be redesignated to S-3 or S-2.

C. TIMING.

The Town presently does not have sufficient wastewater treatment capacity available to serve the anticipated development of the Providence Property. The Town is in the process, however, of expanding its wastewater facilities whereas it would have sufficient capacity to serve the development of the Providence Property. The wastewater facilities expansion is anticipated to be complete within three to five years. Therefore, it is anticipated that the

Providence Property will be served with sewer and water commensurate with the completion of the wastewater facilities expansion.

D. RECREATION

The Providence Property contains over 279 acres of land. Given the size of the Property and the PUD review process, the Town and Developer will have the opportunity to evaluate the adequacy of nearby recreation and open space opportunities and the need, if any, to incorporate public recreational featuring into the development of the Property. Additionally, the County will collect impact fees expressly earmarked for park facilities in accordance with Queen Anne’s

County Code, Chapter 18.3.

E. FIRE, EMERGENCY SERVICE AND POLICE.

The Goodwill Volunteer Fire Company, Inc. will provide fire services. The PUD review process provides the opportunity to evaluate long-term needs that may be necessitated by the development of the Property and enter commitments on the part of the development to assist in funding the Goodwill Volunteer Fire Company, Inc. as may be needed, and on an ongoing basis.

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EXHIBIT C

Other emergency services, such as ambulance, is provided by Queen Anne’s County Department of Emergency Services. It is anticipated that the financing of any additional emergency services needs may result from the annexation would be similar to the financing the County already has in place, i.e., general revenues of the County, supplemented by available grants and funding programs. Additionally, the County will collect impact fees expressly earmarked for

emergency services in accordance with Queen Anne’s County Code, Chapter 18.3.

Police services are provided either by the Centreville Police Department, or by the Queen Anne’s County Sheriff’s Department, and the Maryland State Police. It is anticipated that the financing of additional police protection that may result from the annexation would be similar to the financing the County already has in place, i.e., general revenues of the County, supplemented by available law enforcement grants and funding programs. No additional land is contemplated to

be needed to provide adequate police protection for the Property.

F. SCHOOLS

Public education for residents of the Town of Centreville is provided by Queen Anne’s County Board of Education. Residential development will be subject to the County Impact fees which in part fund capital improvements for schools in accordance with Queen Anne’s County Code, Chapter 18.3. Furthermore the Providence Property is located just across MD Route 304 (Ruthsburg Road) from both the middle school and high school.

G. COST TO THE TOWN FOR PROVIDING SERVICES

As with any proposed development within the Town, the owner and developer(s) of the Property are expected to comply with any annexation agreements and conditions of plan approval. The owner and developer(s) will be required to construct all infrastructure necessary to support the development proposed, including both on-site and off-site facilities where an appropriate statutory or contractual obligation exists.

H. GROWTH ASSUMPTIONS

The proposed annexation is consistent with, and recommended in, the Growth Assumptions, as set forth in the Town of Centreville Comprehensive Plan: 2040, as may be amended from time to time.

I. SCHEDULE FOR EXTENSION OF SERVICES

The extension of municipal services will begin upon annexation and continue commensurate as development proceeds, subject to the limitations identified in Section II. B.

above. Except as otherwise provided for in the Annexation Agreement, police, emergency services, fire protection, libraries and recreational services will be financed in the same manner as currently established, and funded through general tax and other municipal revenues, including additional tax revenues generated by the proposed annexation and development.

Extension of Town water and sewer service will be financed by the owners or developers as development proceeds. The utilities improvements shall be designed, located and constructed pursuant to the Town’s specifications and in accordance with all applicable federal, state and local laws, regulations and standards.

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