O'Donnell v. Basslers, Inc.

468 A.2d 383, 56 Md. App. 507, 1983 Md. App. LEXIS 393
CourtCourt of Special Appeals of Maryland
DecidedDecember 9, 1983
DocketNo. 52
StatusPublished
Cited by7 cases

This text of 468 A.2d 383 (O'Donnell v. Basslers, Inc.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Donnell v. Basslers, Inc., 468 A.2d 383, 56 Md. App. 507, 1983 Md. App. LEXIS 393 (Md. Ct. App. 1983).

Opinion

LISS, Judge.

This case is Howard County’s version of Airport II.1 Airport I is reported as O’Donnell v. Bassler, 289 Md. 501, 425 A.2d 1003 (1981). The case at bar is an appeal from a decision of the Circuit Court for Howard County which affirmed a decision and order of the Zoning Board of Howard County, adopting an amendment to the zoning regulations. The amendment authorized the Board of Appeals to grant a special exception/special permit for the operation of an airport in certain zoning districts of Howard County.

The case began on February 23, 1981, when one of the appellees, Basslers, Incorporated, petitioned the zoning authority (Howard County Council sitting as the Howard County Zoning Board, as provided in the Howard County Code § 16.200-201) to amend the text of the zoning regulations so as to authorize the Board of Appeals to grant a special permit, after public hearing, for a commercial airport. The amendment proposed to add a new Section 122 F.l.(c) to Section 122 F “Special Exceptions Uses and Permissible Zoning Districts,” to read as follows:

122.F.l(c) Airports and Commercial Aircraft Landing Fields
A special Exception may be granted in the R, M-l, M-2, and ID Districts for construction and operation of an airport or commercial aircraft landing field, provided that:
(1) The airport is an appropriate use of the land.
(2) The minimum lot size is one hundred fifty (150) acres.
(3) The proposed facility will meet the standards and requirements of all State and Federal Aviation Agencies.
(4) The operation of the airport in accordance with the standards and requirements of the State and Federal [510]*510aviation agencies will not require limitation of the heights of structures on adjacent land to less than the height limit specifically prescribed for the District in which such land is situated.
(5) The proposed airport landing areas used by any non-jet aircraft having a gross weight of 12,500 pounds or less shall be provided with a dustless surface.
(6) No area used by any aircraft during takeoff shall be located within a minimum distance of five hundred (500) feet from any residential property line, or three hundred and fifty (350) feet from any non-residential property line, or a minimum of one thousand (1000) feet from any public or private institution, including schools, hospitals, sanitariums and churches, or a minimum of one thousand (1000) feet, measured along an extension of the runway centerline, from any adjacent residential or commercial zones on the approach or departure ends of the runway. Buildings, hangars or other structures shall be at least two hundred (200) feet from any residential property line, and one hundred (100) feet from any non-residential property line, and no parking of aircraft or vehicles shall be allowed within one hundred (100) feet from any property line.
(7) The special Exception may include appropriate accessory uses, such as restaurants and snack bars, auto rental agencies, airline business offices and service facilities, but may not permit manufacturing as an accessory use.
(8) The application shall be referred to the appropriate State and Federal aviation agencies for the report of such agencies.
(9) The Office of Planning and Zoning shall require that adequate off street parking and loading spaces be provided to serve airport activities and accessory uses. The number of parking and loading spaces to be required shall be determined by the Office of Planning and Zoning.

[511]*511The technical staff of the County Office of Planning and Zoning filed its report on April 1, 1981, after investigation and review of numerous reports from other County agencies. The technical staff recommended approval of the amendment with the addition of a provision requiring an applicant to the Board of Appeals to prove need for the special permit. The staff concluded that the amendment sought was almost identical to the regulation proposed by the Office of Planning and Zoning during the 1977 comprehensive rezoning cycle, that it was in conformance with the 1971 General Plan, and that it contained adequate protection for the safety and welfare of County residents.

The Planning Board unanimously recommended approval of the amendment as modified in accordance with the technical staffs report.

Following timely notice published in two local newspapers, hearings were held at which all interested parties were heard. The petitioner presented evidence, generally summarized below in the Board’s decision and order. The evidence included official reports and documents from the various County agencies which were incorporated into the hearing record.

There was evidence that 421 licensed airplane pilots reside in Howard County, and approximately 125 general aviation aircraft are registered to Howard County citizens.

These pilots and aircraft comprise an active segment of what is known as general aviation: agricultural airplanes, firefighters, search and rescue, aerial mapping, and transportation. General aviation airplanes embarked some 42% of the total passengers transported in airplanes in Howard County in 1979. It was contended by the petitioner that there was no facility in Howard County to accommodate these airplanes and pilots, there being only one private, one-plane landing field in existence, as a nonconforming use.

The petitioner urged that there was a definite need for airports to accommodate the typical single-engine, four-place privately owned airplanes, something similar to the [512]*512some 8,000 to 9,000 privately owned public-use airports in the United States.

Mr. Elliott Simons, an air traffic controller at Baltimore-Washington International Airport, stated that there was a need for a satellite airport in Howard County to accommodate some of the small general aviation airplanes in the area. Such a facility would relieve the congestion and conflict of mixing small airplane traffic with large airliners at Baltimore-Washington International Airport. In approaching for a landing, airplanes slow to near their landing speed; the large airliner in the landing configuration flies almost twice as fast as does the small four-place private airplane, but they must both fly the same flight path to land on the runway. Additionally, the large airliner trails a massive and turbulent wake which is not visible but which may upset small airplanes. These factors dictate large separations and long delays.

There was testimony concerning the compatibility of the use requested with other uses in the affected zoning districts (R, M-l, M-2 and ID), and it was contended that the proposed amendment was in compliance with the then proposed 1981 Howard County General Plan (since adopted as the 1982 General Plan). There was testimony to the effect that there was no need for commercial accessory uses in the amendment other than for the charging of “tie-down” fees which the State of Maryland classifies as a commercial activity. The petitioner indicated its intent to prohibit jet aircraft and large aircraft use under the proposed amendment.

Charles H. O’Donnell, Jr.

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Bluebook (online)
468 A.2d 383, 56 Md. App. 507, 1983 Md. App. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-basslers-inc-mdctspecapp-1983.