Nash Property Appeal of ZHE Decision

DATE: April 11, 2002

At the request of Mr. Ed Ost, who leads the Nash Wood Preservation Coalition, the City Council directed staff to place a resolution on your April 15 agenda that the addresses possible access to Belair Drive across City property from the Nash property.

Background: The Nash property is currently the subject of a Special Exception application for a Planned Retirement Community. A developer originally requested 800 townhouse and condo units along with 120,000 square feet of retail. The County Planning Board recommended approval with 600 units and 30,000 square feet of retail. The Zoning Hearing Examiner has just recommended approval with 600 units and no retail. This case will now go to the District Council for a final decision.

I. Appeal

The City has consistently and strongly opposed the Special Exception. The ZHE noted her approval on March 29, 2002. Councilwoman Scott has asked that this case be set for "oral argument" (public hearing) before the District Council (County Council). This has the affect of the case being appealed.

It is recommended that the City support this effort by filing a companion appeal. If Council so directs staff, we will prepare the legal and planning arguments for transmittal to the County Clerk prior to the April 29, 2002 deadline.

II. Access Resolution

The Nash property has no access to the south (Rt. 50) or the east (Rt. 3). The Rt. 3 access was closed in a financial settlement with the State Highway Administration. To the west are three stub streets to the Kenilworth section that are platted on paper but were never built. The City expressed its desire to preclude access to the Nash property from those stub streets in a previous resolution. To the north, the Nash property does not touch any public streets. It is close to the City's Belair Drive right-of-way but there is a separate City park parcel between them. The developer has proposed access across this City park to Belair Drive at the stop light just west of Rt. 3.

Mr. Ed Ost has requested the Council adopt a resolution that states: "The City of Bowie will not grant access across City owned property on Belair Drive to any development which exceeds a total of 200 units or a density of 2 units per acre."
The current position by the City is that there is not now any access or right to access across this City park land for any level of development. This was stated by the City's representative at the ZHE hearing. For this reason, staff does not recommend the Council change its position at this time. The attached resolution, R-28-02 restates the Council's opposition to giving up this property for access and its continued opposition to the special exception. It must be noted that no new evidence may be presented in the special exception case as the record for new evidence is closed. Only the items currently in the record and only those current 'parties of record" can go forward to the District Council hearing. Thus, should the Council adopt R-28-02, it can not be entered into the record of the special exception.

Conclusion

I. Staff requests Council's concurrence to file an appeal of the ZHE decision to approve the Weston Special Exception for a Planned Retirement Community on the Nash property.

II. Staff offers resolution R-28-02 for Council's consideration restating the City's opposition to access over City park property from the Nash property to Belair Drive.