Town Code & Ordinances Code — 2019-06-19
Code June 19, 2019 · 2 page(s)
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This resolution by the Commissioners of Queenstown adopts a revised Town zoning map to correct a drafting mistake that had placed a triangular parcel (Tax Map 0051, Parcel 0038, owned by Salthouse LLC) inside the Town boundary even though it was not annexed. The Queenstown Planning Commission reviewed and confirmed the error on November 3, 2021 and the Commissioners reviewed it on November 9, 2021; the adopted replacement map is by Peter Johnston and Associates dated September 3, 2021 and supersedes the March 7, 2018 map adopted by Ordinance 19-01. The resolution redesignates the parcel as county property outside the Town’s incorporated boundary, repeals conflicting maps to the extent of conflict, and includes a severability clause. It cites authority under Section 4-204(b)(2)(ii) of the Maryland Land Use Article.
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RE,SOLUTION NO. 2I-IO7 A RESOLUTION OF THE COMMTSSTONERS OF QUEENSTOW\ TO ADOPT THE ATTACHED ZONING MAP FOR THE TOWN OF QUEENSTOWN TO CORRECT A MISTAKE IN THE QUEENSTOWN ZONING MAP WHEREAS, pursuant to Section 4-204(b)(2Xii) of the Land Use Article of the Md. Ann. Code a legislative body may make an amendment to change a zoning classification based on the finding that there was a mistake in the existing zoning classification; and WHEREAS, on June 19, 2019 by Ordinance 19-01 the Commissioners of Queenstown adopted a new Queenstown Zoning Map prepared by Peter Johnston and Associates, LLC dated March 7,2018; and, WHEREAS, soon after the Queenstown Zoning Map was adopted the Queenstown Planning Commission discovered that the zoning for a triangular parcel owned by Salthouse LLC (Tax Map 0051, Parcel 0038) was mistakenly included within the Town's municipal boundary but was not annexed into the Town: and WHEREAS, on November 3,202I, the Queenstown Planning Commission reviewed the ZoningMap dated March 7,2018, and confirmed a drafting error and determined it was in the best interest of the Town to correct the map error by identiffing Tax Map 0051, Parcel 0038, as county property and not within the incorporated boundaries of the Town of Queenstown; and WHEREAS, on November 9, 2021, the Commissioners of Queenstown reviewed the ZoningMap error;and WHEREAS, the Commissioners of Queenstown have determined that it is desirable and in the public interest to revise the Queenstown Zoning Map to correct the zoning of Tax Map 0051, Parcel 0038 and redesignate the parcel as outside of the Town's incorporated boundary. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF QUEENSTOWN AS FOLLOWS: 1. The revised Queenstown Zoning Map prepared by Peter Johnston and Associates, LLC dated Septernber 3,2021is attached hereto and incorporated herein, is hereby adopted as the Queenstown Zoning Map. All maps in conflict with the attached maps are repealed to the extent of such conflict. 2. In case any one or more portions of the Queenstown Zoning Map shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceable shall not affect any other portion hereof; and the Zoning Map shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. APPROVED, AND PASSED by the Town Commissioners for the Town of Queenstown this Q or NovLrtbet on aay ,2ozl. TOWN COMMISSIONERS FOR THE QUEENSTOWN: Horney, Town Cl . Town Clerk Alton Hardee, Jr., Commissioner