Coffey v. Maryland-National Capital Park & Planning Commission

441 A.2d 1041, 293 Md. 24, 1982 Md. LEXIS 224
CourtCourt of Appeals of Maryland
DecidedMarch 2, 1982
DocketNo. 124
StatusPublished
Cited by13 cases

This text of 441 A.2d 1041 (Coffey v. Maryland-National Capital Park & Planning Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coffey v. Maryland-National Capital Park & Planning Commission, 441 A.2d 1041, 293 Md. 24, 1982 Md. LEXIS 224 (Md. 1982).

Opinion

Smith, J.,

delivered the opinion of the Court.

[25]*25We shall here hold that in an area governed by Maryland Code (1957, 1978 Repl. Vol.) Art. 66D, when subdivision regulations require that a proposed subdivision comply with the master plan, an application for approval of a preliminary subdivision plan that fails to so comply must be rejected. Hence, we shall affirm the judgment of the Circuit Court for Prince George’s County.

Appellant, Wade S. Coffey, owns 15.85 acres of land on Riverdale Road in Prince George’s County, located approximately 1,800 feet east of that road’s intersection with the Baltimore-Washington Parkway. The land is zoned R-T (Townhouse Development). This permits a maximum development density of 8.0 to 11.9 units per acre. The master plan for that area, approved in December 1980 by the District Council for Prince George’s County, restricts density to 2.7 to 3.5 dwelling units per acre. Almost immediately after adoption of the plan, in January 1981, Coffey submitted an application for approval of a preliminary plan of subdivision. The planning for the subdivision had been in progress for some time. He proposed 117 townhouse units on the tract, a density of 7.38 dwelling units per acre.

Prince George’s County Code § 24-103 (a) (1) requires subdivision plats to conform to the master plan. Relying upon our decision in Board of County Comm’rs v. Gaster, 285 Md. 233, 401 A.2d 666 (1979), the Prince George’s County Planning Board of the Maryland-National Capital Park and Planning Commission (the Commission) rejected the proposed subdivision because of noncompliance with the master plan. The Circuit Court for Prince George’s County affirmed. Coffey then appealed to the Court of Special Appeals. Because we have not previously addressed such an issue under Art. 66D, we issued the writ of certiorari ex mero motu prior to consideration of the appeal by the intermediate appellate court.

Coffey first argues the inapplicability of Gaster, pointing out that we began our discussion in that case by saying, "We granted the county’s petition for the writ of certiorari prior to the hearing of this case by the Court of Special Appeals because of the importance of this issue in planning [26]*26matters involving non-charter counties in Maryland.” 285 Md. at 238-39. Since we had before us no issue relative to charter counties, we simply were making plain the scope of our opinion. Because Cecil County is governed in zoning matters by Code (1957, 1978 Repl. Vol.) Art. 66B, while Prince George’s County is governed by Art. 66D, Gaster obviously could not be applicable, although its logic is.

Coffey’s argument runs that prior to Gaster planning boards regarded master plans as only a set of recommendations, that Gaster was the first case where noncompliance with a master plan caused rejection of a proposed subdivision, and that noncompliance with the master plan constituted insufficient grounds for disapproval of a proposed subdivision. Cases making statements relative to master plans being guides have arisen in the context of an attempted piecemeal change in zoning. For instance, in Chapman v. Montgomery County, 259 Md. 641, 643, 271 A.2d 156 (1970), Judge Finan said for the Court, "A 'Master Plan’ is not to be confused as a substitute for a comprehensive zoning or rezoning map, nor may it be equated with it in legal significance.” No opinion of this Court has made a statement relative to master plans acting only as guides in the context of the facts here involved.

At oral argument, counsel for the Commission said that its past practice had been to treat the master plan as a guide in zoning matters. Counsel further stated, however, that the Commission regarded the master plan as binding in subdivision matters subsequent to the enactment of the regulation requiring proposed subdivisions to conform to the master plan.

We closed our opinion in Gaster by saying:

"The county here has preordained by its subdivision regulations that one who seeks to cut up a larger tract by creating a subdivision must not disrupt the master plan and that the subdivision must be compatible with that master plan. Likewise, many zoning ordinances specify relative to special exceptions that they shall be granted only if they are [27]*27compatible with and will not disrupt the master plan.
"In sum, Cecil County has validly used the planning tools placed in its hands by the General Assembly to provide for orderly growth for the county.” 285 Md. at 250.

We had earlier pointed out in Gaster:

"As we noted in Wash. Co. Taxpayers Ass’n v. Board, 269 Md. 454, 455-56, 306 A.2d 539 (1973), some confusion exists relative to the terms planning and zoning, which are not synonymous. Zoning is concerned with the use of property but planning is broader in its concept. 1 E. Yokley, Zoning Law and Practice § 1-2 (4th ed. 1978), comments:
Expressing the matter in another way, let us say that zoning is almost exclusively concerned with use regulation, whereas planning is a broader term and indicates 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 and welfare as may be properly embraced within the police power. [Id. at 4.]
"There are three integral parts of adequate land planning, the master plan, zoning, and subdivision regulations. The need for subdivision regulations as a part of that planning is well illustrated by the case here. As it is put in 4 R. Anderson, American Law of Zoning § 23.03 (2d ed. 1977), '[Z]oning ordinances are not calculated to protect the community from the financial loss which may result from imperfect development. Some of these purposes are sought through the imposition of subdivision [28]*28controls.’ Id. at 47. 4 A. Rathkopf, The Law of Zoning and Planning Ch. 71 § 2 (4th ed. 1979), gives reasons for subdivision control:
Planning enabling acts and the requirements for plat approval are based upon the realization that homes are no longer generally constructed one at a time for individual owners, resulting in a gradual development which can be controlled by zoning ordinances and local health, building, plumbing, and electrical codes alone. Vacant lots suitable for single homes in already developed communities have all but disappeared. The great increases in population and the unprecedented demand for homes has necessarily resulted in opening up undeveloped land in outlying areas, and the development thereof by large numbers of homes which may be said to be built all at one time. Where such development takes place without restriction other than zoning restrictions, it is the developer who designs the community in respect to the number, length, width, condition, and location of streets.

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Coffey v. Md. Nat'l Cap. P & P Comm'n
441 A.2d 1041 (Court of Appeals of Maryland, 1982)

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Bluebook (online)
441 A.2d 1041, 293 Md. 24, 1982 Md. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffey-v-maryland-national-capital-park-planning-commission-md-1982.