April 25, 2016

Re: OPPOSITION TO O-36-15 (As Amended) – Adequate Public Facilities – Schools

Dear Mayor Pantelides and the Annapolis City Council:

The MBIA Anne Arundel County Chapter writes in opposition to Ordinance O-36-15creating an Adequate Public Facilities Schools test for the City of Annapolis which likely closes the entire City to all non-exempt residential development projects within three years given current school enrollment projections.

Adequate Public Facilities Ordinances for schools are employed in various, although not every, County and municipality in Maryland as one part of the planning process. They are intended to make sure both the municipality and also the building industry are doing their part to provide adequate school capacity to plan for future growth. They should not serve as the sole governing document for growth and planning decisions in any jurisdiction. By effectively closing the City to all residential development within three years this ordinance overreaches its intended use and becomes the sole residential planning document for the City of Annapolis.

Given demographic trends and population migration to desirable areas of State featuring strong economies, significant public services, existing infrastructure, natural beauty, culture and proximity to desirable features, population growth in and around the City of Annapolis is inevitable regardless of whether this Ordinance passes. Indeed, population and development growth in areas with existing infrastructure is desirable and appropriate given the State’s commitment to “Smart Growth” which limits sprawl and the reduces the need to build new, costly infrastructure. However, it is the responsibility of the governing jurisdiction – rather than the building industry -- to ensure it plans for future growth. Currently, with only one high school in the City (Annapolis High), whichwill exceed the capacity allowed by this ordinancein 2022 and no plans to build another high school in the future, the City and the County need to collaborate on their responsibility to ensure school capacity for inevitable future growth.

The City of Annapolis has publicly stated its desire for increased business friendliness recognizing that growth of businesses and population brings with it significantincreases in jobs, tax dollars, transfer fees, development fees and the potential to provide additional and expanded public services. Unfortunately, this ordinance breaks that promise to the business community by telling the building industry that Annapolis is both literally and figuratively “closed for business.”

The MBIA requests the City Council allow the joint Anne Arundel County, City of Annapolis School APF Task Force to complete its comprehensive review of this matter and report back with potential solutions for your consideration. During the pendency of the Task Force’s discussions, the MBIA requests that you oppose O-36-15 as amended.

Thank you for your consideration of this important matter.If you have any questions about these comments and would like to discuss our position further, please do not hesitate to contact me at (410) 266-9700 or or Josh Greenfeld at (443)515-0025.

Best regards,

Jim Krapf, Chair, MBIA of Anne Arundel County