As the County Council begins its review of this precedent setting ZTA, proposed by Calleva Inc., here are some of the key facts to consider and why we are concerned:
1. SUGARLOAF EXISTS TO HELP PRESERVE THE MASTER PLAN:
Sugarloaf Citizens Association is dedicated to the preservation of the Agriculture Reserve and to that end we are opposed to the Calleva Inc. ZTA. The proposed ZTA would allow over night camping in the Ag Reserve and would be a 'dramatic' departure from the Master Plan and could open the door to other forms of commercial development and lodging.
2. PROBLEMS WITH CALLEVA INC.'S ZTA
The proposed ZTA proposes a new land use to be defined in a zoning ordinance for an “out-door adventure education facility for youths and ADULTSâ€.
Contrary to what may have been the intention to craft a narrow definition, we are extremely concerned about this new category of land use allowing 'Outdoor Adventure Education'. An 'outdoor adventure educational facility for youths and adults', which emphasizes team building skills, could reasonably be construed to allow a number of activities not in the Master Plan which could further degrade open space and agriculture as the primary function of the Reserve such as:
- an all terrain vehicle camp; a corporate retreat facility for 'team building'; an outdoor paintball range; sports facilities and, could even be reasonably construed to allow a motel/dude ranch or even a golf camp with a golf driving range.
3. HISTORY ON OVERNIGHT CAMPS:
During the late 1970s and through the time of the adoption of the Functional Master Plan for Agricultural Preservation and Rural Open Space, in October 1980, both the Planning Board and the Montgomery County Council, were lobbied aggressively to allow overnight camps in what was to become the RDT Zone.
The foresight of the Planning Board and the Council twenty-five years ago was very commendable, since the pressure for camp facilities in the Washington Metropolitan area has only increased exponentially in the past quarter century.
4. PREVIOUS CALLEVA, INC. PROPOSALS:
'Commercial Riding Stables'
In 1997, Calleva, Inc., filed a petition for a special exception before the Board of Appeals in its Case No. S-2277 for the operation of a 'commercial riding stable' on the Martinsburg Road property.
Notwithstanding the benefit of the unanimous recommendation of denial by the Planning Board, the Montgomery County Board of Appeals subsequently entered an opinion granting the special exception in a split decision. However, a prompt appeal to the Circuit Court for Montgomery County, Maryland was taken by SCA and nearby property owners. After briefing all of the issues the Court overturned the Planning Board ruling stating quite forcefully that camps are not permitted.
'Day Care Facilities'
In February, 2004 Calleva, Inc., filed a new special exception for the Martinsburg Road property proposing a 'child day care facility'. At that time, the Charter of the 'non-profit' corporation had been revoked by the State of Maryland for failure to file annual tax returns. Shortly thereafter, Calleva, Inc. voluntarily dismissed the petition for the special exception for a 'child day care facility' on the Martinsburg Road property.
5. COUNTY MUST ENFORCE WATER AND SEPTIC STANDARDS
It is important to note in connection with any future camp uses that Calleva Inc. in the past has suggested to the County utilizing outhouses for waste disposal in connection with their operations. If the proposed ZTA is passed the County must enforce existing septic and water regulations.
6. PAST GRANDFATHERING:
Since 'camps' are not permitted in any zones in Montgomery County, a Zoning Text Amendment came before the County Council in December of 2004 in order to 'grandfather' an existing overnight camp established for a purely legitimate non-profit organization (Central Union Mission) in the RC (Rural Cluster) Zone. That Zoning Text Amendment added a definition of a 'non-profit camp retreat' and allowed, by special exception, expansion or intensification of an existing 'non-profit camp retreat' only in the RC Zone.
If property in the County is to be devoted to overnight camps, day camps, or other such recreational uses, then it only makes sense to have those uses limited to the RE-1 (one acre), RE-2 (two acre), or perhaps the Rural and/or Rural Cluster Zone (five acre).
7. COUNTY'S HANDLING OF GOLF COURSES INSTRUCTIONAL:
If more and more tracts of property in the RDT Zone are devoted exclusively to recreational or institutional uses, then the 'critical mass' of agricultural land will be eaten up rapidly. This is the same exact problem that was addressed with regard to golf courses in the RDT Zone. While initially allowed as a special exception, the Council came very quickly to the realization that, because of the demand for golf courses, tracts of agricultural property were being gobbled up. Consequently, no more golf courses in the RDT Zone are allowed. We would predict the same problem with camps.
8: RECREATION IN THE AG RESERVE:
In considering this ZTA, the Council should remember many opportunities for recreation in the Ag Reserve already exist. Every weekend hundreds of biking enthusiasts utilize our rural roads; hundreds of hikers hike Sugarloaf and surrounding trails; and hundreds of people fish in our many streams. Camps of this kind, however, will introduce an "institutionalized" type of recreation not envisioned by those who had the foresight to establish the Ag Reserve.
9. NATIONAL MODEL OF HOW TO PRESERVE OPEN SPACE:
As we celebrate the Ag Reserves 25th anniversary let's remember the County had the wisdom 25 years ago to preserve this agricultural and rural open space. It is acclaimed nationally as the nation's most innovative master plan for this purpose. Communities across the nation are studying how Montgomery County succeeded. Will development pressures over the next 25 years burst the seams of this charming rural landscape or will the wisdom of the plan hold? The Council's decision on Calleva Inc.'s ZTA could answer that question.
CONCLUSION:
If camps were to become a permitted use in the Ag Reserve, Sugarloaf fears that a substantial amount of agricultural land might be drawn into such uses thereby undermining the Master Plan.