Citizens Petition to Overturn District 1, 4 Rezoning

Residents of County Council Districts 1 and 4 are crying foul over their comprehensive rezoning package, approved in May, claiming it goes against the grain of the county’s own planning documents.

Thirteen parties, including residents and citizens groups, filed a petition in Anne Arundel County Circuit court in June seeking to overturn the comprehensive rezoning document for their districts, Bill 12-11.

Proponents of overturning the bill claim:

• the bill violates the county’s land planning documents and small area plans
• some rezoning includes “illegal spot zoning”
• council engaged in illegal contract zoning
• county failed to notify adjacent property owners of changes

The attorney for the group, G. Macy Nelson, writes that several of the rezonings were incompatible with other county documents, including the General Development Plan (GDP), the 2009 Land Use Plan and the Odenton and Crownsville Small Area Plans.

Before being adopted, Bill 12-11 included 32 amendments added by Councilmen James Benoit (District 4) and Daryl Jones (District 1) across a series of meetings in May. The complaint lists four portions of these amendments and breaks down the problem areas.

“Councilman Benoit’s amendment ignores the County’s professional guidance and seeks to change the County’s zoning maps without any sound land use rationale,” Nelson said.

Amendment 25 includes properties off Evergreen Road, Brickhead Road and Waugh Chapel Road in Gambrills, rezoning three portions of land to create a large mixed-use residential area over property currently zoned for either open space or low-density residential.

Nelson wrote that the amendment should be thrown out of the bill for two main reasons: it violates the GDP and it constitutes spot zoning. During the bill’s review in May, the county’s Office of Planning and Zoning testified against the change.

Another amendment would rezone land on Maryland Route 3 and St. Stephens Church Road from low-density residential to commercial. For this, Nelson also argued that the change violates the GDP, constitutes spot zoning, and threatens nearby wetlands.

“Adoption of Proposal No. 4-4 would lead to an increase of impervious surfaces, which will negatively impact the County’s watersheds,” Nelson said.

The complaint also alleges the council “improperly engaged in contract zoning” talks with applicants seeking comprehensive rezoning changes. The complaint specifically cites the Gambrills Athletic Council, the Four Seasons Home Owners Association and BBSS, Inc.

According to the court filing, these talks resulted in agreements to trade zoning classifications for a Boys and Girls Club, a county park and a bike and walking path from Four Seasons to Waugh Chapel Road.

A copy of the complaint and instructions on how to join the petition process are listed on the Anne Arundel County Council’s website.