RESOLUTIONNO. 1-2021 A RESOLUTION OF THE TRAPPE PLANNING COMMISSION RECOMMENDING APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENTRIGETS AND RESPONSIBILITIES AGREEMENTBYAND BETWEEN THE TOWN OF TRAPPE AND TRAPPE EAST HOLDINGS BUSINESS TRUST PURSUANT: TOTRAPPEORDINANCE: NO. 2-2003 WHEREAS, under the authority granted to it by Md. Code Ann., Land Use $ 7-302, the Town of Trappe adopted Ordinance No. 2-2003, which enables the Trappe Town Council to consider and enter into development rights and responsibilities agreements; WHEREAS, on March 1, 2006, Trappe East, LLC, Luthy Properties, LLC,I Lyons Trappe, LLC, Whitemarsh Farm, LLC, Trappe Ocean Gateway, LLC, Barber Road Addition, LLC, Trappe Wise, LLC and Slaughter Land, LLC and the Town entered into a development rights and responsibilities agreement (the "DRRA") regarding the development of a project referenced as "Trappe East" on a significant portion of the lands annexed pursuant to Town Resolution No. 7- 2002; WHEREAS, by an Assignment and Assumption Agreement dated March 11,2009, which isi recorded among the Land Records in Liber 1682, folio 303 ("Assignment Agreement"), Trappe East Holdings Business Trust ("TEHBT") assumed the obligations arising under the DRRA upon their assignment to it by TEHBT's predecessor-in-interest Trappe East LLC, Luthy Properties LLC, Lyons Trappe LLC, Whitemarsh Farm LLC, Trappe Ocean Gateway LLC, Barber Road Addition LLC and Trappe Wise LLC; WHEREAS, TEHBT petitioned the Town to amend the DRRA and submitted the First Amendment to the Development Rights and Responsibilities Agreement (the "First Amendment") attached hereto as Exhibit A; WHEREAS, on July 20, 2021, the Trappe Planning Commission considered the First Amendment and found it consistent with the Comprehensive Plan of the Town of Trappe and recommended approval; NOW, THEREFORE, BE IT RESOLVED by the Trappe Planning Commission that the First Amendment is consistent with the Trappe Comprehensive Plan for the following reasons: The Trappe Comprehensive Plan designates Lakeside as part ofthe' Town's Planned Growth Area, which "contains large areas of undeveloped land suitable for large planned developments." See Trappe Comprehensive Plan, Section 4.3. 300 lot The land use plan component of the Comprehensive Plan indicates that the Development should be developed as a Planned Neighborhood District, which was phases support large planned developments. established in 2005. Ch. 3 requires PN developments to be subject to a DRRA to address all development impacts and this First Amendment refines provisions of the initial Ch. 4 addresses municipal growth impacts and provides for various public facilities and services to be addressed by a DRRA, including administrative facilities, recreational land, fire and rescue facilities, and water and sewer infrastructure, all of which remain subjects of the First Amendment, with refinements to the initial Ch. 5 requires the cost of off-site improvements to be the responsibility of new development, and the First Amendment does not change the provisions and Ch.6recommends that future DRRAS address funding for emergency services and First Amendment seeks to increase funding to address additional needs. Ch. 6 requires increased staff and equipment as a result of increased population growth caused by the development and First Amendment requires Public Works facility, additional equipment, and a new Town Office to support growth. The water and sewer provisions oft the Trappe Comprehensive Plan recognize that the Trappe East Development Area requires a new wastewater treatment facility with land application treatment of effluent, See Trappe Comprehensive Plan, Connection of] Phase 1 Section 1 to the Town's existing wastewater treatment plant will increase the number of connections to the plant, generating substantial capital fees that will help to decrease existing debt, consistent with Section 7.8.2 of the Trappe Comprehensive Plan. Section 7.8.2 further contemplates the initial phase of Subject to the DRRA, Trappe East is required to construct a wastewater treatment and collection system and facilities and effluent treatment, storage, and disposal facilities within the development area and the First Amendment requires specific The area where spray irrigation is proposed is in agricultural district and is suitable for land application. Preserving the property as open field will provide a portion of a community greenbelt for the Town and will serve to protect farmland outside of The DRRA, as may be amended by the proposed First Amendment, is consistent DRRA to align with current Town preferences and priorities. DRRA aligned with current Town preferences and priorities. commitments of the DRRA in that regard. Section 5.1. Lakeside served by the Town's existing sewer capacity. treatment levels and equipment in the best interest oft the Town. the area and is consistent with Section 3.2.6. with the Twelve Visions as stated in the Comprehensive Plan: Requires concentrated development. paths, parks, and trails. Requires a mix of land uses and open space with pedestrian and bicycle Pedestrian travel to recreation areas and shops and workplaces is promoted and neighborhood commercial areas are located for convenience and to The Development will include all four land use areas permitted in the PN floating zone: Single-family Residential Area (SRA), Central Residential Area (CRA), Village Center (VC), and Storefront Area (SFA). encourage a reduction in automobile trips. BE IT FURTHER RESOLVED by the Trappe Planning Commission that the First Amendment is hereby recommended for approval by the Town Council. RESOLVED, this 1 day of August, 2021. THE TRAPPE PLANNING COMMISSION B Edgar Scott Metje Brhuteuda Robert Quidas &i Brian Schmidt BenDiefenderfer Chairman