THE CITY OF FREDERICK

MAYOR AND BOARD OF ALDERMEN

RESOLUTION NO. 07-34

A RESOLUTION FOR THE PURPOSE OF ESTABLISHING CRITERIA AND REVIEW PROCESS TO ASSIST IN THE MANAGEMENT OF POTENTIAL ANNEXATION REQUESTS

WHEREAS, on March 27, 2001 the Mayor issued an Executive Order implementing a moratorium on new development and annexations due to inadequate water resources; and

WHEREAS, on August 15, 2001 the Mayor extended the terms of the Executive Order to continue the moratorium on new development and annexations; and

WHEREAS, the Mayor continued the moratorium on annexations through the issuance of Executive Order No. 1-02 dated February 8, 2002, Amended Executive Order No. 1-02 dated April 25, 2002, and Executive Order No. 2-02 dated November 19, 2002; and

WHEREAS, on March 16, 2006 the City of Frederick and Frederick County executed the Potomac River Water Supply Agreement (PRWSA) for the purpose of expanding and improving the long-term supply of potable water for the City of Frederick and Frederick County; and

WHEREAS, several property owners currently outside the corporate boundaries of the City of Frederick have expressed interest in being considered for annexation; and

WHEREAS, the City of Frederick desires to have an orderly and efficient method for processing annexation requests so as not to overburden City staff and City resources; and

WHEREAS, on September 12, 2007 the City of Frederick Planning Commission made recommendations on the criteria that should be used to prioritize the potential annexation submissions; and

WHEREAS, on September 19, 2007 the Mayor and Board of Aldermen held a public workshop to discuss a list of criteria that would be used to evaluate annexation requests received by the City in order to: 1) establish review criteria to assist the Mayor in evaluating the merits of annexation requests and recommending annexation requests for processing by City staff, 2) inform applicants of the City’s annexation priorities, and 3) enable the Planning Commission to manage its workload through an orderly review of annexation submissions; and

WHEREAS, on October 10, 2007 the Mayor and Board of Aldermen held a public meeting to discuss a list of criteria that would be used to assist in evaluating annexation requests received by the City; and

WHEREAS, on December 6 and December 20, 2007 the Mayor and Board of Aldermen conducted public hearings to obtain testimony on a proposed resolution that sets forth criteria to assist the Mayor in evaluating proposed annexation requests.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen adopt the following annexation criteria and review process to assist the Mayor in evaluating annexation applications to determine the order applications will be studied by the Planning Department and reviewed by appropriate agencies as provided in Section 322(d)(4) of the Land Management Code (Appendix A of the Frederick City Code, 1966 as amended), prior to presentation of a report to the Planning Commission.

The Mayor shall make a public invitation of property owners interested in annexing into the City of Frederick for a defined period of time to submit a Letter of Interest to the City Attorney to be reviewed by the Mayor, the Board of Aldermen, and City staff. Said Letter of Interest shall include the following information:

1. Annexation name.

2. Applicant name, address, and contact information.

3. Size and location of the proposed annexation site.

4. Anticipated date of filing the petition of annexation.

5. Proposed zoning and use, including projected number of units and square footage of nonresidential uses.

6. Narrative description of the public benefit the proposed annexation will provide to the existing City residents and businesses.

7. Narrative description of anticipated public infrastructure investment required to serve the proposed annexation.

8. Narrative description of what the proposed annexation will provide the City of Frederick and its citizens.

The Mayor will forward the Letters of Interest to City staff to conduct an initial assessment and propose an ordered list of annexation applicants, using the following criteria:

Requirements

· Annexation Applicant land must be at least partially located within 20-Year Urban Growth Boundary.

· Annexation Applicant land must be located within the “Future Water and Sewer Service Area” as shown on the adopted Water and Sewer Master Plan and/or must be within an area served by one of the City’s two pressure zones.

Anticipated Date of Filing

Prioritization Criteria (Those valued to be of higher priority would be processed sooner)

· Annexation Applicant shall address one or more important City needs.

· Annexation Applicant land should be located such that access may be obtained using or extending a City street and does not have its only access through existing or extension of unincorporated Frederick County roads.

· Annexation Applicant land should be located such that no Frederick County easements are needed to enable the property to be developed in full compliance with the City’s regulations.

· Annexation Applicant land should reduce or eliminate portions of unincorporated Frederick County land nearly surrounded by properties within the City limits.

· Annexation Applicant land has significant contiguity with the City boundary and would be considered a compact extension of the City limits.

Upon receipt of the ordered list from City staff, the Mayor may set a public hearing of the Mayor and Board of Aldermen to review the list of potential annexation applicants. The Mayor may seek endorsement and advice of the Board of Aldermen with regard to the order of review of potential annexation applications.

ADOPTED AND APPROVED THIS 20^TH DAY OF DECEMBER, 2007.

______________________________ ________________________________

WITNESS William J. Holtzinger, Mayor

Reviewed and approved for legal sufficiency:

______________________________

Legal Department