Title
Katherine Properties Annexation and Public Facilities Agreement Status - For the purpose of examining the implementation of requirements specified in Resolution R-12-05 Revised and the associated Public Facilities Agreement in light of the annexation standards specified in Section 2.52.070 of the Code of the City of Annapolis, the Planning Commission Analysis of October 20, 2005, the City Comprehensive Plan adopted on October 5, 2009 by City Council Resolution R-32-09 and development activity within the Forest Drive corridor subsequent to the effectiveness of Resolution R-12-05 Revised on March 14, 2006.
Body
CITY COUNCIL OF THE
City of Annapolis
Resolution 21-16
Introduced by: Mayor Pantelides, Alderman Littmann,
and Alderwoman PindellCharles
Referred to
Rules and City Government
Transportation Committee
A RESOLUTION concerning
KATHERINE PROPERTIES ANNEXATION
AND PUBLIC FACILITIES AGREEMENT STATUS
FOR the purpose of examining the implementation of requirements specified in Resolution R-12-05 Revised and the associated Public Facilities Agreement in light of the annexation standards specified in Section 2.52.070 of the Code of the City of Annapolis, the Planning Commission Analysis of October 20, 2005, the City Comprehensive Plan adopted on October 5, 2009 by City Council Resolution R-32-09 and development activity within the Forest Drive corridor subsequent to the effectiveness of Resolution R-12-05 Revised on March 14, 2006.
WHEREAS Article III(3)(b) of the Charter of the City of Annapolis requires the application of all laws and ordinances of the City of Annapolis to annexed territory no later than ten years after the effective date of any annexation resolution; and
WHEREAS Resolution R-12-05 Revised incorporating the Katherine Properties territory into the City of Annapolis required the execution of a Public Facilities Agreement to insure “that public services shall be provided to all developed properties” and “compliance with all the conditions of the resolution of approval of the annexation petition”; and
WHEREAS Resolution R-12-05 Revised specified conditional requirements for occupied dwelling structures to connect to the City’s water and waste water systems no later than ten years after the effective date of the Resolution; and
WHEREAS the ten year anniversary of the Resolution’s effective date occurred on March 14, 2016 and no structure existing in the annexed territory on the Resolution effective date has subsequently connected to the City’s water and waste water systems; and
WHEREAS the abandonment of the construction of a “relief road” from Aris T Allen Boulevard to Spa Road, the provisions of the City Comprehensive Plan of October 5, 2009 and numerous development activities within the Forest Drive corridor occurred subsequent to the effective date of the annexation Resolution; and
WHEREAS the Public Facilities Agreement between the annexed property owner and the City requires clarification and reformation due to the passage of time; and
WHEREAS the City Council has a responsibility to determine how to best reform the Public Facilities Agreement in light of subsequent changes to the City comprehensive plan and subsequent development in the Forest Drive Corridor.
NOW ,THEREFORE, BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the Public Facilities Agreement between the City and the owners of the annexed territory requires reformation to fulfill the requirements of the annexation Resolution and the City Council shall endeavor to reform the Agreement on terms mutually agreeable to the owners of the annexed properties and the City.
AND IT BE FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the City Planning Commission shall make a review of the annexation Resolution conditions, subsequent changes to the City comprehensive plan and subsequent development in the Forest Drive Corridor and thereafter report their recommendations concerning the reformation of the Public Facilities Agreement to the City Council. Time is of the essence.
AND IT BE FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the City Council, upon receipt and review of the Planning Commission report, shall charge the City Law Office with assisting the Council with negotiating revision to the existing Public Facility Agreement.
AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that this resolution shall take effect from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.