Stop Slots at Arundel Mills

(80) “REGIONAL COMMERCIAL COMPLEX” MEANS A DEVELOPMENT IN EXISTENCE ON SEPTEMBER 7, 2004, THAT WAS CREATED UNDER BILL NO. 62-98 AS AMENDED BY BILL NO. 80-98.


(B) Requirements. A VIDEO LOTTERY FACILITY SHALL: (1) BE LOCATED IN A W1 INDUSTRIAL PARK DISTRICT OR A REGIONAL COMMERCIAL COMPLEX AND SHALL BE ACCESSIBLE TO AN ARTERIAL OR HIGHER CLASSIFICATION ROAD WITHIN TWO MILES OF MD. ROUTE 295;  (2) COMPLY WITH ALL APPLICABLE BULK REGULATIONS FOR THE ZONING DISTRICT IN WHICH THE FACILITY IS LOCATED;

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First, not only is this proposal a “text amendment”, it is a “text amendment” with all of the worst connotations possible. That is, it is a site-specific rezoning intended to benefit specific private special interests without adhering to the normal rezoning process. Zoning in Maryland is supposed to be uniform in each zoning district (Article 66B). Adoption of a site-specific text amendment to benefit a private interest and to avoid the standard zoning process creates non-uniform zoning districts and runs afoul of State law. I would note that in 1994, the Washington Redskins attempted the same type of legislation to get out of stringent parking requirements for a stadium. The Council at the time, while interested in the proposal, listened to the constituents and refused a site-specific text amendment (which also would have created a “conditional use”) and made the Redskins go through the normal “special exception” process. When subjected to the normal process with set criteria and rules of evidence, the Redskins lost. And, every negative comment made about the Redskins stadium and how detrimental it would be have been borne out in Landover. Sometimes, you have to put politics aside and listen to the constituents.

Further, a few years later, a NASCAR track was proposed for West County, [using the same lawyers and consultants being used today]. They also asked for a site-specific text amendment to benefit specific private special interests (again, creating a “conditional use”). When the West County constituents pointed out that passing laws to circumvent zoning requirements is inappropriate and had been refused for the Redskins’ stadium, the County Council refused to consider the NASCAR track legislation.

Here we are today with a proposed video lottery facility at Arundel Mills, something that no one - and especially, no homeowner - envisioned. 

The Anne Arundel County Council should follow previous Council ethics and precedent and not adopt a site-specific text amendment that violates the principle of uniform zoning districts and is intended to benefit a specific private interest.