Ordinance 02-2024 - Rezoning Map 44F Parcel 60-Withdrawn
Ordinance Date unknown · 2 page(s)
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Ordinance No. 02-2024 from the Town Council of Centreville would amend Chapter 170 (the Town Zoning Ordinance) to place 279.586 acres annexed under Resolution No. 07-2024 (identified as the “Providence Property,” Map 44F Parcel 60) in the Residential District (R-1). The ordinance cites state law authority for municipal zoning and annexation, includes a severability clause, and conditions the ordinance’s effectiveness on the Queen Anne’s County commissioner’s express approval per Local Government Article §4-416 or on the five-year statutory limitation; it also states it will not become effective until 20 days after enactment and after the Official Town Zoning Map is updated. The printed form leaves blank the Centreville Planning & Zoning Commission recommendation and the public hearing date, includes signature and date placeholders for council members, and the document header indicates the filing or proposal was labeled “Withdrawn.”
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TOWN COUNCIL OF CENTREVILLE ORDINANCE NO 02-2024 AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE AMENDING THE TOWN OF CENTREVILLE ZONING ORDINANCE, WHICH IS CHAPTER 170 OF THE TOWN CODE, TO ZONE LAND ANNEXED INTO THE TOWN OF CENTREVILLE WHEREAS, the Town Council has the authority under §5-213 of the Local Government Article of the Annotated Code of Maryland, to adopt zoning regulations which includes assigning a zoning designation to all land within the Town boundary; WHEREAS, Section 4-102(6) of the Land Use Article of the Annotated Code of Maryland authorizes the Town Council of Centreville to regulate the location and use of buildings, signs and structures on the land; WHEREAS, Section 170-62 of the Code of the Town of Centreville provides for amendments to the regulations, restrictions and [zoning] boundaries set forth in Chapter 170 of the Code; WHEREAS, the Town desires to amend Chapter 170 by amending its Official Zoning Map to assign the zoning classification of Residential District (R-1) for 279.586 acres of land more or less, annexed into the Town as per Resolution No. 07-2024 (“Annexed Land”); WHEREAS, Local Government Article § 4-416 (a) of the Annotated Code of Maryland, provides that the municipality shall have exclusive jurisdiction over planning, subdivision control, and zoning of the Annexed Land; WHEREAS, the Town Council received a ____________________ recommendation on the zoning map amendment from the Centreville Planning and Zoning Commission; and WHEREAS, the Town Council held a public hearing on the zoning map amendment on _________________. NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville: Section 1. The recitals set forth above are incorporated herein by reference and made a part of this Ordinance; Section 2. The Official Zoning Map is hereby amended to zone all that 279.586 acres of land more or less, annexed into the Town as per Resolution No. 07-2024, Exhibit 1 (“Providence Property”) as Residential District (R-1); Section 3. If any section, clause, paragraph, sentence or phrase of the Ordinance or the application thereof to any person, property, or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality shall in no way affect other provisions or any other application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application, and for this purpose the provisions of this Ordinance are declared severable. Ord-02-2024-Rezoning-Map-44F-Parcel-60-Providence at Centreville P ag e | 1 Section 4. Local Government Article § 4-416 (b) and (c) of the Annotated Code of Maryland, provides: (b) Without the express approval of the county commissioners or county council of the county in which the municipality is located, for 5 years after an annexation by a municipality, the municipality may not allow development of the annexed land for land uses substantially different than the authorized use, or at a substantially higher density, not exceeding 50%, than could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation. (c) Notwithstanding § 4-204 of the Land Use Article and if the county expressly approves, the municipality may place the annexed land in a zoning classification that allows a land use or density different from the land use or density specified in the zoning classification of the county or agency with planning and zoning jurisdiction over the land prior to its annexation applicable at the time of the annexation. In accordance with Local Government Article § 4-416 (b) and (c) of the Annotated Code of Maryland, this Ordinance shall become effective on the date the County Commissioner for Queen Anne’s County expressly approve the zoning classification of Residential District (R-1) for the Annexed Property, or 5 years after the effective date of the Resolution 07-2024, whichever occurs first; however in any event this Ordinance shall not become effective until twenty days following its enactment, and following the change and applicable entry being made to the Official Town Zoning Map. ATTEST: THE TOWN COUNCIL OF CENTREVILLE ____________________________________ R. Gaye Adams Ashley H. Kaiser, Esq., President Town Clerk _____________________________________ First Reading: Eric B. Johnson, Jr., Vice President Second Reading: Enacted: Effective: _____________________________________ Daniel B. Worth, Member _____________________________________ Jim A. Beauchamp, Member ______________________________________ Jeffrey D. Kiel, Member Ord-02-2024-Rezoning-Map-44F-Parcel-60-Providence at Centreville P ag e | 2