County Council v. Curtis Regency Service Corp.

708 A.2d 1058, 121 Md. App. 123, 1998 Md. App. LEXIS 93
CourtCourt of Special Appeals of Maryland
DecidedApril 29, 1998
Docket508, Sept. Term, 1997
StatusPublished
Cited by8 cases

This text of 708 A.2d 1058 (County Council v. Curtis Regency Service Corp.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County Council v. Curtis Regency Service Corp., 708 A.2d 1058, 121 Md. App. 123, 1998 Md. App. LEXIS 93 (Md. Ct. App. 1998).

Opinion

SONNER, Judge.

Following approval by the Prince George’s County Planning Board of an application for Preliminary Plat of Cluster Subdivision and Conceptual Site Plan submitted by appellees, Curtis Regency Service Corporation and Rose Valley Limited Partnership (Curtis Regency), a local citizens’ group appealed to the County Council for Prince George’s County, sitting as the District Council (District Council). On November 20, 1995, the District Council reversed the decision of the Planning Board, and Curtis Regency sought judicial review by the Circuit Court for Prince George’s County (Shepherd, J.). After oral argument, but before a final decision by the circuit court, the County Council for Prince George’s County (the County Council) 1 adopted County Bill (CB)-76-1996, which amended the County’s zoning ordinance, purporting, to clarify that the District Council had original jurisdiction in appeals from the Planning Board and from the Zoning Hearing Examiner (ZHE). The circuit court reversed the decision of the District Council and reinstated the Planning Board’s approval. Appellant, the District Council, filed a Motion to Alter or Amend Judgment, and asked the court to rule that the District Council had original jurisdiction in these appeals as a result of the passage of CB-76-1996. The circuit court denied the motion. The District Council appeals and asks:

I. Did the circuit court err in applying the wrong standard of review?

II. Did the circuit court err in finding that there was no record evidence to support the decision of the District Council?

*127 III. Did the circuit court err by failing to apply retroactively the ordinance enacted by the County Council?

We conclude that the circuit court applied the correct standard of review, but improperly reinstated the Planning Board’s decision. We hold that the appropriate action is to remand the case to the circuit court so that it may further remand to the District Council for review of the appeal using the correct administrative standard of review. As a result of our decision, we refrain from reviewing the second issue, since our affirmance on the first issue renders consideration of the second issue premature. Finally, we conclude that the circuit court correctly refused to apply retroactively the ordinance enacted by the County Council.

FACTS

Curtis Regency owns an 83.71-acre parcel of land zoned Rural Residential. The proposed subdivision of the land was known as Rose Valley Cluster. On October 26, 1994, Curtis Regency filed an application for Preliminary Plat of Cluster Subdivision and Conceptual Site Plan approval under § 24-137 of the Prince George’s County Subdivision Ordinance (Subdivision Ordinance). In accordance with Maryland Code (1957, 1997 Repl.Vol.), Art. 28, § 7-111, known as the Regional District Act (RDA), Curtis Regency filed the application with the Prince George’s County Planning Board (the Planning Board) of the Maryland-National Capital Park and Planning Commission (the Commission).

For Prince George’s County and Montgomery County, the General Assembly enacted the RDA, which allows the counties to create zoning enabling legislation, and authorizes the County Council to adopt and amend zoning ordinances. Art. 28, §§ 7-102, 7-103, 7-108, and 8-101(a); JMC Constr. Corp. Inc. v. Montgomery County, 54 MdApp. 1, 3, 456 A.2d 931 (1983). The RDA, in § 7-111, also gave the Planning Board 2 respon *128 sibility “for planning, platting and zoning functions primarily local in scope, as distinguished from the regional planning functions of the Commission ... The local functions exclusively within the jurisdiction of the respective planning boards include, but are not limited to, the administration of subdivision regulations____” Once the Planning Board approves or disapproves a subdivision plat, the RDA allows for an appeal to the District Council, if the county decides to implement such a process. Section 7-117. Through the powers granted by the General Assembly, the County Council has created a comprehensive zoning ordinance at Subtitle 27 of the Prince George’s County Code, and has provided for an appeal from a decision of the Planning Board at § 24-137(j).

After receiving the proposal, the Technical Staff of the Maryland-National Capital Park and Planning Commission (the Technical Staff) recommended disapproval of the application on January 3, 1995 because it disagreed with the conclusions reached in Curtis Regency’s traffic study. The Guidelines for the Analysis of the Traffic Impact of Development Proposals would prohibit the program development when the resulting level of service (LOS) is less than a particular minimum service level, in this case LOS “D,” or an hourly traffic volume of 1,450 vehicles. The LOS level describes the ability of a road network to handle traffic. In this case, the part of the network being measured was the intersection of Md. Route 210 and Old Fort Road, since the total LOS for that intersection was LOS “F,” meaning that the traffic count supported a critical lane volume for the afternoon hours of 1,944 vehicles, and that the total critical lane volume was 2,037 vehicles. Curtis Regency concluded that, if it constructed a right-turn lane on the eastbound and westbound approaches to the intersection, it would provide a net benefit to the traffic conditions such that the afternoon critical lane volume would be reduced to 1,710 vehicles. The Technical Staff concluded *129 that, even with the proposed change, the LOS would still exceed level “D,” and the improvement would not meet the magnitude of improvement required by the mitigation guidelines.

On January 12,1995, the Planning Board conducted a public hearing and voted to deny the application. On February 9, 1995, the Planning Board granted Curtis Regency’s request for reconsideration. Curtis Regency submitted a new traffic study based on traffic counts conducted after the January 12th decision. The new study indicated a significant variation in traffic volumes for the area and, in response, the Technical Staff hired an independent traffic consultant to prepare an additional study. The result of the independent study confirmed the result of Curtis Regency’s new study, and the Planning Board found that the proposed road improvements provided adequate access roads as required by § 24-124 of the Prince George’s County Code. After a public hearing on June 1,1995, the Planning Board approved the application.

A local citizens’ group appealed the decision to the District Council, which heard oral argument on November 6,1995. On November 20,1995, the District Council reversed the Planning Board’s decision, finding that (1) the LOS was at level “F” and required mitigation, (2) the proposed mitigation could not adequately decrease the LOS from “F” and, therefore, (3) the infrastructure and public facilities were inadequate to service the proposed cluster subdivision.

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708 A.2d 1058, 121 Md. App. 123, 1998 Md. App. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-council-v-curtis-regency-service-corp-mdctspecapp-1998.