City of Bowie 15901 Excalibur Road Bowie, Maryland 20716

MEMORANDUM

TO: City Council

FROM: Alfred D. Lott, ICMA-CM, CPM City Manager

SUBJECT: CB-21-2021 Food/Beverage Stores and Gas Stations in the R-A Zone

DATE: March 31, 2021

County Council Member Todd Turner has presented CB-21-2021, a legislative bill that seeks to permit a food and beverage store and gas station in the R-A (Residential Agriculture) Zone, under certain circumstances (copy attached). The legislation was requested by the owner of a vacant, three-acre property located in the median of Maryland Route 3, south of Maryland Route 450, across from Beall Funeral Home (see map below).

MAYOR Timothy J. Adams MAYOR PRO TEM Adrian Boafo COUNCIL Michael P. Esteve • Henri Gardner • Ingrid S. Harrison • Roxy Ndebumadu • Dufour Woolfley CITY MANAGER Alfred D. Lott City Hall (301) 262-6200 FAX (301) 809-2302 TDD (301) 262-5013 WEB www.cityofbowie.org

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CB-21-2021 will revise the Permitted Uses in the R-A (Residential Agriculture) Zone to allow a food and beverage store with a gas station, which would be regulated as if the property were zoned C-M (Commercial Miscellaneous), subject to approval of a Detailed Site Plan. This legislation, which has already been presented at a County Council meeting, is awaiting review by the Council’s Committee of the Whole at an upcoming meeting.

The property intended to benefit from this zoning text amendment is not within the City limits, which are close by at Whitemarsh Park, about 900 feet to the south. As stated by the proponent’s attorney, there is currently strong interest in this property from commercial developers.

Analysis

There are reasons for the City to be concerned about CB-21-2021. In this instance, the zoning text amendment process is clearly an end run around any other process that might rezone the property, such as a piecemeal rezoning, a rezoning through the Countywide Map Amendment (CMA) or a Sectional Map Amendment following approval of the Bowie-Mitchellville and Vicinity Area Master Plan. For decades, the City has opposed development, especially traffic generating development, in the US 301/MD 3 median. The proponent’s attorney points out that the legislation is needed now, because the future of CMA approval is uncertain, and they believe that there will not be a Sectional Map Amendment (SMA) following approval of the Bowie Master Plan. The proponent’s attorney explained that they tried to limit the bill from applying to all median properties in the R-A zone by excluding property that is not within 2,500 feet of an existing major intersection or planned interchange.

Staff believes this legislation is unnecessary and very untimely, especially given the timelines for CMA completion and approval of a new Master Plan for Bowie-Mitchellville and Vicinity. We understand that the Maryland General Assembly is likely to approve legislation this session that will allow the CMA to move toward final approval. Additionally, M-NCPPC staff advised us this week that, although the Bowie-Mitchellville and Vicinity Master Plan does not have a concurrent SMA, the intent to follow the Master Plan approval with a new SMA has always been their intent. The Preliminary Area Master Plan is due to be published this summer.

There are multiple City development policies contained in the Development Review Guidelines and Policies document recently approved by City Council on March 1st that apply directly to this effort to amend the County Zoning Ordinance.

Land Use US 301/MD 3 Median • Existing properties in the MD 3/US 301 median shall be retained in the R-R zone. Expansion of existing commercial uses shall be discouraged, as they will further contribute to an already over-burdened transportation system and create the potential for increased vehicular conflicts. Any future commercial rezoning of residential properties to commercial zones is discouraged.

• The consolidation of existing commercial properties in the MD 3/US 301 median shall be encouraged to provide more coordinated and attractive development.

• Any improvement to median properties shall include adequate turning lanes and acceleration/deceleration lanes.

Rural and Agricultural Areas Development of properties in the Rural and Agricultural Areas shall address the following: • protection of agricultural uses; • minimization of lot coverage and building bulk to avoid overly imposing new structures;

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• the use of conservation and wildlife habitat landscaping and avoidance of non-native plants; • preservation or creation of meadows and woodlands; • restrictions in sizes of lawns around all structures; and • use of aesthetically pleasing vinyl and aluminum siding.

Economic Prosperity Strip commercial development, particularly single-use or pad site configuration, shall be discouraged. Commercial development shall be located in planned or designated centers rather than on isolated, scattered sites.

Transportation and Mobility MD 3 Policy The City supports a completely grade separated interchange (Option A) at the intersection of MD Route 450 and MD Route 3 to encourage drivers destined for points west of Bowie to use US Route 50 as opposed to MD Route 450. Regarding the upgrading of MD Route 3, the City supports the Boulevard Concept (Alternate #3) with the following modifications:

• Eliminate proposed right-in, right-out at Columbian Way. • Eliminate proposed cul-de-sac from Sylvan Drive to median residence. • Lower roadbed for upgraded MD Route 3 between existing Columbian Way connection points. • Connect Columbian Way to Forest Drive using bridge over MD 3. • Construct half diamond for access to MD Route 3 on the south side of Columbian Way/Forest Drive bridge. • Install 2-way stop on service road at Forest Drive and install stop signs at Sylvan Drive and Whitemarsh Park. • The grade-separated interchange shall also accommodate east/west and north/south bicycle traffic through the interchange.

Natural Environment The Patuxent River is recognized as being a valuable environmental resource within close proximity to the City of Bowie. This resource has a rich heritage dating back to pre-historic and Colonial times and is worthy of protection efforts from local government, residents and the business community. The network of environmental assets related to the Patuxent ecosystem includes “Sensitive Areas”, such as 100-year floodplain, wetlands, steep slopes, and other natural characteristics.

In addition, the Countywide Growth Management Policy in Plan Prince George’s 2035 identifies the benefitting property as lying within the Rural and Agricultural Area, where new development is discouraged. The General Plan, on page 106, defines Rural and Agricultural Areas as “areas with significant natural and agricultural resources that are best suited for low-density residential development on well and septic, agricultural activity, and forest preservation.” Staff believes that development of the above-mentioned property with commercial uses, at this time, would not be consistent with the current City and County development policies set forth above.

An approved concept plan exists for the grade separation of MD 450/MD 3 intersection and construction of an interchange and service road system at that location. However, there is no funding for design or construction of this improvement in the current Maryland Department of Transportation’s Consolidated Transportation Program. The conceptual design for the interchange is depicted below. The construction of the interchange will occur just north of the referenced three-acre property and, upon its completion, the current southbound lanes of MD 3 will become a two-way service road. The parcel is likely to be impacted by SHA right-of-way acquisition for lane widening on the northbound lanes of MD 3 and construction of the service road along the current southbound lanes. Given the uncertainty of State funding for the interchange and its construction timetable, staff believes it would be premature to convert

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this parcel to commercial use. Staff recommends retaining it in rural and agricultural uses as allowed under the current R-A zoning.

Recommendation

Staff recommends Council OPPOSE CB-21-2021 because the proposed legislation, with respect to the three-acre parcel in the median of MD 3, south of MD 450:

• is not consistent with current City and County land use policies; • interferes with the process now underway to update the Bowie- Mitchellville and Vicinity Area Master Plan and the planning area’s zoning pattern; and, • is premature in relation to plans for construction of a new interchange at MD 450/MD 3 and its related service road system.

It is further recommended that the attached letter be sent to the Prince George’s County Council.

Attachments

City of Bowie 15901 Excalibur Road Bowie, Maryland 20716

D R A F T April 6, 2021

The Honorable Calvin S. Hawkins, II, Chair Committee of the Whole Prince George’s County Council County Administration Building 14741 Governor Oden Bowie Drive Upper Marlboro, Maryland 20772

RE: CB-21-2021 (R-A Zone)

Dear Chair Hawkins:

On April 5, 2021 the Bowie City Council reviewed CB-21-2021, which will permit food and beverage stores and gas stations in the R-A (Residential Agriculture) Zone, under certain circumstances. The legislation was requested by the owner of a vacant, three-acre property located in the median of Maryland Route 3, south of Maryland Route 450, across from Beall Funeral Home. The property intended to benefit from this zoning text amendment is not within the City limits, which are close by at Whitemarsh Park, about 900 feet to the south. As the City understands it, there is currently strong interest in this property from commercial developers.

The City Council believes this legislation is unnecessary and very untimely, especially given the timelines for CMA completion and approval of a new Master Plan for Bowie-Mitchellville and Vicinity. We understand that the Maryland General Assembly is likely to approve legislation this session that will allow the CMA to move toward final approval. Additionally, M-NCPPC staff advised the City that, although the Bowie-Mitchellville and Vicinity Master Plan does not have a concurrent SMA, the intent to follow the Master Plan approval with a new SMA has always been their intent. As you are aware, the Preliminary Area Master Plan is due to be published this summer.

In addition, the Countywide Growth Management Policy in Plan Prince George’s 2035 identifies the benefitting property as lying within the Rural and Agricultural Area, where new development is discouraged. The General Plan, on page 106, defines Rural and Agricultural Areas as “areas with significant natural and agricultural resources that are best suited for low-density residential development on well and septic, agricultural activity, and forest preservation.” The City Council believes that development of the above-mentioned property with commercial uses, at this time, would not be consistent with current City and County development policies.

The parcel benefitting from CB-21-2021 is likely to be impacted by future Maryland State Highway Administration right-of-way acquisition for lane widening on the northbound lanes of MD 3 and construction of the service road along the current southbound lanes. Given the uncertainty of State funding for the interchange and its construction timetable, the City Council believes it would be premature to allow this parcel to be converted to commercial use.

2 Letter to Chair Calvin S. Hawkins, II CB-21-2021

In summary, the City recommends that County Council Members OPPOSE CB-21-2021 because the proposed legislation, with respect to the three-acre parcel in the median of MD 3, south of MD 450:

• is not consistent with current City and County land use and development policies; • interferes with the process now underway to update the Bowie-Mitchellville and Vicinity Area Master Plan and the planning area’s zoning pattern; and, • is premature in relation to plans for construction of a new interchange at MD 450/MD 3 and its related service road system.

Thank you for the opportunity to comment on County legislation, and we urge the C.O.W. to vote UNFAVORABLE on CB-21-2021.

Sincerely,

Bowie City Council Timothy J. Adams Mayor

cc: The Honorable Todd M. Turner, County Council Member