Heard v. Cnty. Council of Prince George's Cnty.

• Decision Date: 29 December 2022
• Docket Number: 1877, Sept. Term, 2021
• Parties: Bradley E. HEARD v. COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, et al.
• Court: Court of Special Appeals of Maryland

256 Md.App. 586

287 A.3d 682

Bradley E. HEARD

v.COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, et al.

No. 1877, Sept. Term, 2021

Appellate Court of Maryland. *

December 29, 2022

Argued by: Bradley E. Heard, Capitol Heights, MD, Pro Se, for Appellant

Argued by: Rajesh A. Kumar, Principal Counsel (Prince George's County Council, Largo, MD), Meaghan C. Murphy (Michael J. Goecke, Lerch, Early & Brewer, Chtd., Bethesda, MD), on the briefs, for Appellee

Panel: Wells, C.J., Nazarian, Ripken, JJ.

Wells, C.J.

This appeal arises from a judgment of the Circuit Court for Prince George's County, affirming the decision of the Prince George's County Council, sitting as the District Council ("District Council"), which affirmed the Prince George's County Planning Board's ("Planning Board" or "Board") approval of an Amended Detailed Site Plan (the "DSP Amendment"). The DSP Amendment is for a mixed-use residential and commercial development on property located at 6301 Central Avenue, Capitol Heights—across from the Addison Road Metro Station. The appellant, Bradley E. Heard ("Mr. Heard") lives about 1,000 feet from the subject property and opposes the project. Appellees are the District Council and 6301 Central Avenue, LLC (the "Applicant")—the developer and applicant to the DSP.¹ Mr. Heard and Appellees raise several issues, which we have rephrased and consolidated:

1. Do Mr. Heard and the District Council have standing to participate in this appeal?

2. Did the District Council err when it concluded that the Planning Board was legally correct in treating the General Plan and applicable Master Plan as advisory documents rather than binding regulations in connection with the DSP Amendment?

3. Did the District Council err when it concluded that there was substantial evidence in the record to support the Planning Board's findings and approval of the DSP Amendment?

4. Did the District Council err when it concluded that the Planning Board was legally correct when it declined to condition approval of the DSP Amendment on offsite and site-adjacent improvements relating to bikeways, trails, and roadways?

5. Did the District Council err when it concluded that the Planning Board's findings of fact were supported by substantial evidence and untainted by legal impropriety?

For the foregoing reasons, we affirm the judgment of the circuit court.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Property and Proposed Development

Since 2006, the Applicant has been working towards building a mixed-use, residential and commercial development in the southwest quadrant of the intersection of MD 214 (Central Avenue) and Addison Road, with frontage on Zelma Avenue, directly across from the Addison Road Metro Station. The 2.98-acre property has three distinct parcels: Parcel A, Parcel 87 and Lot 5, Block B. Each of the prior DSP applications the Planning Board considered for this development proposed a mixed-use building on Lot A, parking on Parcel 87, and empty space on Lot 5 for future development. Mr. Heard lives at 415 Zelma Avenue, roughly 1,000 feet from the site.

B. How Property is Developed in General and in Prince George's County

"There are two broad categories of land use control: zoning and planning (which includes subdivision regulation)." County Council of Prince George's County v. FCW Justice, Inc. ("FCW Justice") , 238 Md. App. 641, 649, 193 A.3d 241 (2018) (citing County Council of Prince George's County v. Zimmer Development Co. ("Zimmer") , 444 Md. 490, 505, 120 A.3d 677 (2015) ). Zoning is "the process of setting aside disconnected tracts of land varying in shape and dimensions, and dedicating them to particular uses designed in some degree to serve the interests of the whole territory affected by the plan." Maryland Overpak Corp. v. Mayor And City Council Of Baltimore , 395 Md. 16, 48, 909 A.2d 235 (2006). Typically, parcels must be used in compliance with their zoning. Zimmer , 444 Md. at 505, 120 A.3d 677.

Planning involves "the development of a community, not only with respect to the uses of lands and buildings, but also with respect to streets, parks, civic beauty, industrial and commercial undertakings, residential developments and such other matters affecting the public convenience[.]" Id. at 505-06, 120 A.3d 677 (quoting 1 E.C. Yokley, Zoning Law and Practice § 1-2 (4th ed. 1978)). "Because planning and zoning complement each other and serve certain common objectives, [ ] some implementation and enforcement procedures may have both planning and zoning aims." Id. at 506, 120 A.3d 677 (internal quotation marks and citations omitted).

The property at issue in this case (the "subject property") is within the Prince George's County portion of the Maryland-Washington Regional District, as recognized in the Maryland-Washington Regional District Act (the "RDA"), now codified in Division II of the Land Use Article of the Maryland Code. Zimmer , 444 Md. 490, 523, 120 A.3d 677 (2015). "The RDA regulates planning and zoning within the Regional District, which includes most of Prince George's and Montgomery Counties." Id. at 524, 120 A.3d 677. However, the RDA delegates the State's zoning and planning authority for the areas of Prince George's County within the Regional District to Prince George's County. Id. at 524-25, 120 A.3d 677. Thus, the RDA and the Prince George's County Code ("PGCC") govern the regulation of the subject property.

Specifically, the RDA allocates planning and zoning authority in Prince George's County between four distinct authorities: the Maryland-National Park and Planning Commission (the "Commission"), the Prince George's County Planning Board, the Prince George's County Council (referred to as the "District Council" when exercising its authority under the RDA), and the Prince George's County Board of Appeals. The Commission deals with regional planning functions, while the Planning Boards in Prince George's and Montgomery counties focus on local zoning and planning functions. See Md. Code Ann., Land Use ("LU") § 20-202.

In Prince George's County, before a developer builds on a site, there are regulations, ordinances, and development standards that affect the property and that the Planning Board must consider prior to approving any development plans. "Plans are developed to guide the implementation of land use controls and zoning in a rational way that is beneficial to the public." Zimmer , 444 Md. at 520, 120 A.3d 677. In the Maryland-Washington Regional District, two types of plans are required: a "general plan" and "area master plans." Id. at 521, 120 A.3d 677. A general plan is " ‘more than a detailed zoning map and should apply to a substantial area, be the product of long study, and control land use consistent with the public interest. An important characteristic of a general plan is that it be well thought out and give consideration to the common needs of the particular area.’ " Maryland-Nat. Capital Park and Planning Comm'n v. Greater Baden-Aquasco Citizens Ass'n. , 412 Md. 73, 85, 985 A.2d 1160 (2009) (quoting Yokley, supra § 5-2). The current general plan for Prince George's County is The Maryland-National Capital Park and Planning Commission, PLAN PRINCE GEORGE's 2035 APPROVED GENERAL PLAN (May 2014) (the "General Plan").

Master plans "govern a specific, smaller portion of the County and are often more detailed in their recommendations than the countywide General Plan as to that same area." Greater Baden-Aquasco Citizens Ass'n , 412 Md. at 89, 985 A.2d 1160 (quoting Garner v. Archers Glen Partners, Inc. , 405 Md. 43, 48 n.5, 949 A.2d 639 (2008) (brackets omitted)). "Proposals for land use contained in a plan constitute a non-binding advisory recommendation, unless a relevant ordinance or regulation, or specific zoning, subdivision, or other land use approval, make compliance with the plan recommendations mandatory." Zimmer , 444 Md. at 522, 120 A.3d 677. The applicable master plan for the subject property is the 2010 Approved Subregion 4 Master Plan ("Master Plan" or "applicable Master Plan").

The subject property is also in a Development District Overlay ("D-D-O") zoning district, which is intended to ensure that development in a designated district meets the goals established in a Master Plan, Master Plan Amendment or Sector Plan. PGCC § 27-548.19. D-D-O zoning districts may be designated for town centers, Metro areas, commercial corridors, employment centers, revitalization areas, historic areas and other special areas as identified in approved plans. PGCC § 27-548.19. Importantly, D-D-O zoning districts set development standards for the properties they affect. PGCC § 27-548.20.

If a site must be subdivided from a larger property, the developer must file a Preliminary Plan of Subdivision. PGCC § 24-105.² In Prince George's County, preliminary plans are necessary to determine the adequacy of public facilities serving a proposed subdivision, and to establish conformance with the County's Subdivision Ordinance. PGCC § 24-122.01. Preliminary plans often propose a general scheme of development—demonstrating the location of the property, existing topography, and the proposed layout of roads, structures, utilities, open spaces, and storm water management. Transportation, recreational facilities, and other public facilities serving the proposed subdivision are evaluated for adequacy during the Preliminary Plan stage. Before the Planning Board may approve a Preliminary Plan, it must determine that the Preliminary Plan conforms to the Master Plan. PGCC § 24-104.

Once the Planning Board has approved a Preliminary Plan, a developer must provide a Detailed Site Plan ("DSP") to the Planning Board in order to obtain a building permit. PGCC § 27-285(a). The Planning Board evaluates a DSP to establish compliance with the County's Zoning Ordinance. Urban design elements, organization and location of proposed uses, and landscaping issues are assessed at this stage. PGCC § 27-283. In a District Overlay zone, DSPs are reviewed for compliance...