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HEADNOTE Manian v. County Council, No. 1305 September Term, 2005 Land Use - District Council approved amendment to development plan for six townhouses in Transit Station-Residential, a floating zone. Neighbors contend that District Council did not address

their objections, based on issues of classification and measurement of space, that plan did not comply with standards of the zone relating to public use space and active/passive recreational space. Held: by District Council complied with its duties under ordinances developer's space calculations binding elements of

making

Council's approval. satisfied binding

Whether developer's calculations actually elements is to be determined by Planning

Commission at site plan approval stage.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1305 September Term, 2005

PETER G. MANIAN et al. v.

COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND, Sitting as the District Council, et al.

Murphy, C.J. Kenney Rodowsky, Lawrence F. (retired, specially assigned), JJ. Opinion by Rodowsky, J. Filed: September 29, 2006

This Montgomery County zoning case challenges the approval of development plan amendment (DPA) 03-2 relating to the construction of six townhouses, including a dental office. Appellants,

plaintiffs below, Peter G. and Samuel R. Manian (the Manians), own a single family residence adjoining the proposed development to the north. Appellee, the County Council for Montgomery County,

Maryland Sitting as a District Council for that Portion of the Maryland-Washington Regional District Within Montgomery County (the Council), approved DPA 03-2. In an action for judicial review, the Circuit Court for Montgomery County affirmed the Council. The

Manians have advanced certain technical arguments in support of their contention that DPA 03-2 fails to comply with Montgomery County Code (2004), Chapter 59, "Zoning Ordinance." The principal

issue is whether these arguments should have been addressed by the Council at the development plan amendment approval stage or are to be addressed by the Planning Board at the site plan approval stage. As explained below, we shall hold that the latter is the

appropriate stage. In October 1995, the Council approved Local Map Amendment (LMA) # G-720, which rezoned about 1.2 acres in Bethesda as a Transit Station-Residential (TS-R) zone, a floating zone. This

land consisted of two separately owned parcels, Parcel A and Parcel B (together "the TS-R Site"). The TS-R Site lies at the

intersection of Arlington Road, a north-south street, and Edgemoor Lane, an east-west street. Parcel A is situated at the northeast

corner and Parcel B at the southeast corner.

Approximately three

years later, townhouses were constructed on Parcel B pursuant to LMA # G-720. LMA # G-720 originally had provided that eight townhouses would be constructed on Parcel A. Through DPA 03-2, submitted on

March 21, 2003, the project's developers sought to amend the development townhouses. plan for Parcel A to permit construction of six

One is to include a 1,000 square foot dental office.1

All would have rear basement garages and rooftop terraces. TS-R zoning is authorized by Article C, Division 8, of the Zoning Ordinance. See

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Maryland Law