MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
SUBJECT: Pichler Property Annexation
R-78-02
DATE: October 3, 2002
Resolution R-78-02 is the Annexation Resolution enlarging the City boundaries by annexing the Pichler property, located at 8101 Laurel-Bowie Road, just north of the Rockledge section. The Pichler property is located on the east side of Route 197, north of Rustic Hill Drive and includes approximately 2.14 acres. In June, via R-48-02, Council authorized the execution of an annexation agreement with the Pichlers (see Attachment #1).
There are no residents living on the property, which is contiguous to the Rockledge section of the City. No enclaves would be created by the annexation of the property.
The City Attorney has reviewed the Annexation Resolution and recommends approval.
Recommendation
Staff recommends approval of Resolution R-78-02 annexing the 2.14-acre Pichler property into the corporate limits of the City.
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MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
RE: Pichler Property Annexation
Statement of Services
DATE: 10/3/02
In accordance with the Annotated Code of Maryland, Article 23A, § 19 (o),
the legislative body of a municipal corporation shall provide, in addition to,
but not as a part of the (annexation) resolution, a proposed outline for the
extension of services and public facilities into the area to be annexed. A statement
shall also be provided that identifies the general methods by which the municipality
anticipates to finance the extension of municipal services into the area to
be annexed. This Statement of Services memo fulfills these requirements.
I. Property Description and Land Use Pattern for the Area
The Pichler property is located at 8101 Laurel-Bowie Road, just north of the Rockledge section (see Attachment #1). The property is located on the east side of Route 197, north of Rustic Hill Drive and includes approximately 2.14 acres. The property will be developed with one (1) single-family home.
The site is within Community IV of the 1991 adopted Bowie-Collington-Mitchellville Planning Area. The overall character associated with Community IV is Permanent Low Density. In the Master Plan it is recommended that this character be retained. The Master Plan recognizes this community has several distinct land use elements woven into the character of the area; however, the rural environment dominates this character. The subject property is shown with a Low Suburban residential land use implementation category.
Demographic characteristics from Population Forecasts by Community (Table 16 in the Master Plan) indicate that the population in this Community has steadily increased since the 1990 Census, when the population was at 2,447. By the year 2000, the population in this community was projected to be at 5,345.
The Annexation Area includes some areas of steep slopes and is completely wooded. There are no historic properties or resources in the area. The rural character of the area has been retained partly due to the preservation of a large amount of trees and siting of the building area at the top of a hill. Annexation will not adversely alter existing environmental characteristics. There are no other unique characteristics associated with the Annexation Area.
Under current Rural Residential (R-R) zoning, the Pichler property can be developed with up to four (4) single-family homes. This annexation is consistent with the general growth and development pattern of the City because it is contiguous to existing residential development. The annexation is also consistent with the land use recommendations and policies for Community IV contained in the 1991 Master Plan.
II. Availability of Public Facilities and Services
On the effective date of annexation, the residents within the Annexation Area shall receive all City services which include, but are not limited to: trash, recycling and yard waste curb-side collections and special pick-ups, animal control, contract police protection, code compliance inspection, youth services, family counseling, senior citizens program, parks and recreation programs, and planning/development review services, etc.
A. Water and Sewer
The Annexation Area lies within Category 3 of the Prince George's County Water
and Sewer Plan Map, a community service area, meaning public water and sewer
service to the site exists. The Annexation Area is, and will continue to be,
served by the Washington Suburban Sanitary Commission (WSSC) for both public
water and sewer.
B. Electric Service
Baltimore Gas and Electric (BGE) currently provides electric power to the residents
of the Annexation Area. The underground electric cable remains the responsibility
of BGE.
C. Public Safety and Fire/Rescue Services
The Annexation Area is within the service area of Prince George's County Police
Bowie/Upper Marlboro Substation District II, Sector E. Upon the effective date
of annexation, the City's contract police will augment County police service.
Fire and basic life support/ambulance personnel will be dispatched from Bowie Station #19 on MD Route 564 (Ninth Street) in Old Town Bowie. Medic service personnel will be dispatched from Station #18 in Glenn Dale.
D. Stormwater Management
A bioretention pond is proposed for water quality purposes. The pond will serve
the proposed development, only, and the property owner will be responsible for
maintenance.
E. Public Right-of-Way Infrastructure and Appurtenances
The adjacent right-of-way is controlled by the Maryland State Highway Administration
which must issue an access permit for any driveway entrance improvements. The
responsibility for maintaining this entrance is that of the homeowner.
F. School, Library and Recreational Facilities
County public schools serving this community include: Rockledge Elementary,
Tasker Middle and Bowie High School. The Bowie Branch Library (Md. Rte. 450)
serves this site. All recreational parks within the City's park system, as well
as the City gymnasium, are available in accordance with respective hours of
operation.
III. Extension of Municipal Facilities and Services to Annexation Area
The City will extend all applicable municipal services and facilities (as described above) to the Annexation Area upon the effective date of annexation. At that time, the Charter and Code of the City shall have full force and effect within the Annexation Area.
IV. Cost to the City in Having to Provide Each Service
There will be no substantial cost to the City to provide the noted services to the Annexation Area.
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RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
ENLARGING THE CORPORATE BOUNDARIES OF THE CITY OF BOWIE BY ANNEXING LAND CONTIGUOUS
AND ADJOINING TO THE EXISTING CORPORATE AREA OF THE CITY OF BOWIE RESIDENTIAL
PROPERTY CONSISTING OF THE PROPERTY KNOWN AS THE PICHLER PROPERTY, LOCATED AT
8101 LAUREL-BOWIE ROAD, AND CONTAINING APPROXIMATELY 2.148 ACRES
WHEREAS, the Council of the City of Bowie, Maryland ("the Bowie
City Council"), a municipal corporation of the State of Maryland, has determined
to enlarge and extend the limits of the City of Bowie ("City") by
including therein property within Prince George's County as more specifically
described in the metes and bounds description attached hereto as Exhibit A and
shown on the plat map attached hereto as Exhibit B, which is contiguous and
adjoining to the existing boundaries of the City of Bowie in accordance with
the procedures set forth in Article 23A Section 19 of the Annotated Code of
Maryland (2001 Rep. Vol.); and
WHEREAS, the land commonly known as the Pichler Property is adjacent to the corporate limits of the City and there are no persons currently residing on the property; and
WHEREAS, the Bowie City Council has determined to initiate a Resolution to enlarge and extend the limits of the City of Bowie to include the area described more fully in Exhibit A, and to make applicable to that area all laws which are now in force and effect or which may be hereafter enacted in the City of Bowie.
NOW, THEREFORE BE IT RESOLVED by the Bowie
City Council in legislative session assembled:
Section 1. That there is hereby annexed into the corporate boundaries of the
City of Bowie, a municipal corporation of the State of Maryland, all of that
land contiguous and adjoining the current boundaries of the City of Bowie in
Prince George's County, Maryland, consisting of approximately 2.14 acres of
land as more particularly and fully described by a survey of courses and distances
attached hereto as Exhibit A, and known generally as the Pichler property.
Section 2. That the annexation of the land described in Exhibit A will not create
any unincorporated area which is bounded on all sides by real property presently
within the corporate limits of the City of Bowie, real property proposed to
be within the corporate limits of the City of Bowie, or any combination of such
properties.
Section 3. That the City has the consent to annexation of the owners of 25%
the assessed value of land within the Annexation Area and has the consent of
25% of the residents of the Annexation Area who are registered to vote in Prince
George's County.
Section 4. That from and after the effective date of this Resolution, all provisions
of the Constitution of Maryland, all laws of the State of Maryland applicable
to the City of Bowie, and all duly adopted Charter and Ordinance provisions
of the City of Bowie shall be and are hereby extended and made applicable to
such portion of Prince George's County as is, under the provisions of the Resolution,
annexed to and made a part of the City of Bowie, Maryland. Nothing herein or
elsewhere in the Resolution shall affect the power of the Bowie City Council
to amend or to repeal any Charter provision or Ordinance existing at the date
of passage of this Resolution, or to enact and ordain any Ordinance which, at
the date of passage of this Resolution, or hereafter, it may be authorized to
enact or ordain;
Section 5. That the inhabitants of the territory annexed to the City of Bowie
by this Resolution shall, in all respects and to all intents and purposes, be
subject to the powers, jurisdiction and authority vested, or to be vested by
law, in the Council of the City of Bowie, so far as the same may be consistent
with theprovisions of this Resolution, and the territory so annexed shall, in
all respects, be taken and considered as part of the municipal corporation of
the City of Bowie;
Section 6. The City Manager of Bowie shall cause a public notice to be published
not fewer than four (4) times at not less than weekly intervals in a
newspaper having general circulation in the City of Bowie and in the area to
be annexed which briefly and accurately describes the proposed change and the
conditions and circumstances applicable thereto. The public notice shall further
specify that a public hearing will be held on this Resolution by the Bowie City
Council at 8:00 p.m. in the Bowie City Hall, 2614 Kenhill Drive, Bowie, Maryland
20715, on the 4th day of November, 2002;
Section 7. This Resolution shall become effective forty-five (45) days from
the date of enactment by the Bowie City Council, unless within forty-five (45)
days of the date of enactment the Bowie City Council receives a Petition for
Referendum filed in accordance with the provisions of Article 23A, Section 19
(g) of the Annotated Code of Maryland (2001 Rep. Vol.);
AND BE IT FURTHER RESOLVED, by the Bowie City Council that the City Manager, immediately upon the first publication of the public notice, shall transmit a copy of the public notice to the County Executive, County Council, the Executive Director of the Maryland-National Capital Park and Planning Commission and the Director, Office of Planning of the State of Maryland, each of which shall have the first right to be heard at the scheduled public hearing prior to opening the hearing to the general public.
AND BE IT FURTHER RESOLVED, by the Bowie
City Council that the City Manager shall, on or after the effective date of
the Resolution, promptly register both the original and new corporate boundaries
of the City of Bowie with the City Clerk, the Clerk of the Circuit Court for
Prince George's County, the Department of
Legislative Reference for the State of Maryland, and the Maryland-National Capital
Park and Planning Commission.
INTRODUCED by the Bowie City Council at
a regular legislative session on October 7, 2002.
ENACTED by the Bowie City Council at a legislative
session on ____________, 2002.
WITNESS: THE CITY OF BOWIE, MARYLAND
__________________________ _________________________________
Pamela A. Fleming G. Frederick Robinson, Mayor
City Clerk
APPROVED AS TO FORM
AND SUFFICIENCY:
____________________________
Robert H. Levan, City Attorney