Appellee, Calvert Tract LLC, is the owner of a 35.71 acre parcel of vacant property within the R55 zone1 in Prince George’s County, located within the boundaries of the Town of Riverdale Park and the City of College Park. It applied to rezone the property to a Mixed Use Town Center (“MUTC”) zone. The application was granted with conditions.
Appellants, four homeowners, present the following questions:
1. Whether Prince George’s County Zoning Code §27-198.03 constitutes an unconstitutional denial of due process because it does not permit the Planning Board to deny a MUTC rezoning application.
2. Whether the District Council erred in adopting the Planning Board’s findings of fact and conclusions.
3. Whether the District Council erred in refusing to remand the application back to the Planning Board when its Resolution was transmitted to the District Council more than 105 days after the release of the rezoning application for public inspection.
4. Whether Calvert Tract failed to comply with the ethics affidavit requirements of State Gov’t §15-8294?