The Town of New Market
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THE TOWN OF NEW MARKET ANNEXATION PLAN Property Owners: Justron, LLC (“Smith Property”) P.O. Box 222 New Market, Maryland 21774 Charlyn, LLC (“Cline Property”) 5920 Boyers Mill Road New Market, Maryland 21774 Developer MS Justron Farm, LLC & MS Charlyn Farm, LLC Acres: 262.4080 acres Property Location: The Smith Property and Cline Property (hereinafter collectively the “Property”) are located west of the Town’s current corporate boundary along Boyers Mill Road and north of Maryland Route 144. In accordance with §§ 4-401, et seq., of the Local Government Article of the Annotated Code of Maryland, the Town of New Market Maryland (the “Town”) adopts this annexation plan. While the statute only requires consideration of the extension of municipal services into the area to be annexed, this Plan also addresses other services provided by Frederick County (the “County”), including police, fire protection, emergency response, libraries, public education and utilities. I. LAND USE PATTERN The proposed zoning for the Property is the Town’s R-2 Medium Density Residential, which permits Planned Development District (“PDD”) floating zones. The proposed zoning is inconsistent with the County’s current Agricultural zoning. However, the County has placed the Property within the Community Growth Limit of the Town. Section 4-416 of the Local Government Article of the Annotated Code of Maryland provides for express approval of the proposed zoning classification by the Board of County Commissioners. The Town’s Land Use Map designates the Property as being located within the Town’s Planning Area and Annexation Area. The Land Development Ordinance of the Town permits PDD floating zones, which would require that the area of the Property used for residential purposes be planned for development at a rate of at least 3.5 dwelling units per net acre. The Town’s Municipal Growth Element includes the Property within the annexation area proposed for planned residential development. The annexation of the Property into the Town is consistent with the Municipal Growth Element. By letter dated January 12, 2012, the Maryland Department of Planning endorsed the annexation of the Property into the Town and recommended that the Town, rather than the County, oversee the development of the Property. II. PUBLIC SERVICES AND FACILITIES A. WATER AND SEWER The County supplies public water to the Town pursuant to a Water Service Area Agreement (“WSAA”). Under the WSAA, the County is the sole provider of water and sewer service. The County has the responsibility for planning, developing and operating the water and sewer infrastructure to serve properties within the County’s service areas. The Town does not provide municipal water service. It is anticipated that 925 water taps will be allocated to serve the Property. Extension of utility lines to serve new development in the area to be annexed shall be at the expense of the owners or developers of the Property. Existing County water and sewer lines traverse the eastern section of the Property and the entire road frontage of Boyers Mill Road. To the extent not already constructed and in place, the design, engineering and installation of appropriately sized and constructed mains, laterals, hydrants, and valving will be the responsibility of the owners or developers of the Property. Water service to the Property is expected to be provided by one of two existing County water system zones. Each zone is served by one of two water storage tanks, each of which has a storage capacity of two million gallons. The Jordan (Greenview PUD) tank is located approximately one-half mile west of the Property and the Monrovia tank is approximately two miles south of the Property. Sewer service to the Property is expected to be provided by way of the County’s Linganore Interceptor located to the Northwest of the subject property. It is anticipated that 925 sewer taps will be allocated to serve the Property, to correspond with the anticipated water taps for the development envisioned. The flow will eventually reach the County’s Bush Creek Sewer Interceptor, which will convey sewage to the Ballenger-McKinney Waste Water Treatment Plant (“Ballenger-McKinney WWTP”). The County’s Comprehensive Plan designates the Town as a Community Growth Area (the “CGA”). The CGA includes land outside of the Town’s corporate boundaries where residential, commercial, and employment uses will be concentrated and future municipal annexation areas have been designated. The CGA is planned for public facility and infrastructure financing and improvements. A higher level of available community services such as public water and sewer service is contemplated within the CGA. Water and sewer service is planned for the CGA whereas areas beyond the CGA are to be served by future individual well and septic systems. The Town's water resources element is largely derived from the County's water resources element. Frederick County’s Water Resource Element (the “County’s WRE”), adopted in September 2010, provides detailed information on the County’s water and sewer system 2 capacity. The County’s WRE, shows that the New Market CGA is served by the County’s New Design Road (Potomac River) water supply system, which has a current maximum capacity of 25 millions of gallons per day (“MGD”) and has been planned (and constructed) so that it can be expanded from 25 MGD to 45 MGD. The County’s wastewater treatment capacity, as shown in the County’s WRE, reflects current, approximate design capacities and current demand of the individual County systems. The Ballenger-McKinney WWTP, the County’s largest planned wastewater treatment facility, which is currently under a major upgrade and expansion to 15 MGD, will provide service to most of the County’s sewer system customers, including those within the Town. The County’s WRE, and the Town’s Master Plan, including its Water Resources Element and Municipal Growth Element, reflect the intention, ability, and sufficient capacity to serve the Property with water and sewer service. As set forth above, since the County is the only planned source for water and sewer for the Town, the development of the Property will be contingent upon securing adequate water and sewer allocations from the County via amendment to the WSAA. The dedication of land for the construction of a sewer pumping station on the Property is necessary for the Property’s proposed use. The design, engineering and installation of such a sewer pumping station will be the responsibility of the owners or developers of the Property. The Town and County shall inspect the entire infrastructure and approve the engineering, construction, and installation before accepting the sewer pumping station as part of the water system. No other land is anticipated to be needed for the extension of water and sewer capacity to serve the Property. B. ROADS ROAD NETWORK Road Name Classification Current Ownership Boyers Mill Road Minor Arterial Street County Mussetter Road Collector County Main Street Minor Arterial State Old National Pike Minor Arterial State (Maryland Route 144) Green Valley Road Minor Arterial State (Maryland Route 75) Old New Market Road Collector County (Maryland Route 874) 3 The Property has road frontage on Boyers Mill Road and abuts the eastern terminus of Mussetter Road, both of which are maintained by the County. The Town's Municipal Growth Element recommends the annexation of the Property as a critical component of the construction of a bypass serving the Town, which will extend Mussetter Road from its current western terminus through the Property, Town-owned land, and the Delaplaine Property to its proposed eastern terminus at Maryland Route 75 (the “Bypass”). This planned Bypass is intended to substantially improve circulation and alleviate congestion on Main Street. According to the Municipal Growth Element: (1) new development should be approved which will contribute to improvements in safety and traffic flow in the New Market Planning Area; and (2) in view of the substantial existing development and new development planned for the Lake Linganore area and other areas to the northwest of New Market, the benefit which may be derived in constructing the proposed Bypass is of utmost importance to the Town. A major planning concern for the Town is traffic and its effect on the Town’s sustainability, on the quality of life of its residents, and on existing and future commerce and tourism. There are significant traffic concerns for the Town. The Town has advised the State of Maryland and the County of those concerns for many years, and included consideration of the concern in several iterations of its comprehensive plan and traffic studies. Traffic studies support the need for the Bypass around the Town. Without such a Bypass, there is no other perceived alternative for addressing the Town’s traffic concerns. The Property holds the key to the construction and dedication of the Bypass. The proposed alignment of the Bypass is included in the County's Comprehensive Plan. As a condition of approval by the Town and its Planning Commission of the development of the Property, the Developer shall construct the Bypass in phases, as development of the Property proceeds, for the purposes of serving the development of the Property and diverting a portion of existing and future peak-hour traffic flow from Main Street in the Town, together with a bridge, all utilities, signalization, intersection improvements, signage, slope and drainage facilities, and other applicable Frederick County design requirements for a two-lane, minor arterial classification roadway. The Bypass shall be constructed by the Developer in accordance with the Town and County’s standards and specifications in effect at the time of construction. A portion of the Bypass shall be offered for dedication to public use to the Town (hereinafter the “Town Portion”) and a portion of the Bypass shall be offered to the County (hereinafter the “County Portion”), both of which shall meet the respective Town and County requirements for acceptance.