Suggested letter to your County Council Rep. Please do this before April 6, 2015![insert a date – before APRIL 6] [Councilperson or Aide’s Name]
County Administration Building, 2nd floor
14741 Governor Oden Bowie Drive
Upper Marlboro, MD 20772
Subject: Wal-Mart Real Estate Business Trust
SE-4734, DENY THE MILL BRANCH WALMART – DO THE RIGHT THING
Dear [Councilperson or Aide’s Name],
The Prince George’s County Council should DENY this application because the Planning Department staff review of the case, and the four days of testimony and almost a year of review by the Zoning Hearing Examiner, all recommend it. And, it’s not too late to do the right thing – there are no building footers in the ground, so the project is not yet vested.
In order for the County Council, sitting as the District Council, to deny this application, a decision of the Zoning Hearing Examiner must be found to be arbitrary and capricious – and this finding cannot be made. The ZHE gave basically three reasons for DENIAL:
- The 185,000 square foot Wal-Mart does not meet the minimum requirements for a big box Special Exception approval,
- It is not in conformance with the Bowie and Vicinity Master Plan, and
- It violates the right-to-farm provisions of the County Code.
We see only one decision that was arbitrary and capricious. After knowingly signing an agreement that waives all of the City of Bowie’s rights to oppose ANY application on the subject property, they chose to hear the application and act on it anyway, even though it was not required. The only action by the City that would pass the arbitrary and capricious test would have been for the City to abstain from hearing the case and cite their obvious conflict. The other bodies who had no such conflict, all recommended disapproval.
Please do the right thing on this site – DENY this application and place the appropriate uses on this site, the ones that the master plan calls for, and not uses that will overwhelm the community.[signature and address if not provided in a letterhead]