Rockville Crushed Stone, Inc. v. Montgomery County

552 A.2d 960, 78 Md. App. 176, 1989 Md. App. LEXIS 43
CourtCourt of Special Appeals of Maryland
DecidedFebruary 3, 1989
DocketNo. 715
StatusPublished
Cited by3 cases

This text of 552 A.2d 960 (Rockville Crushed Stone, Inc. v. Montgomery County) 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
Rockville Crushed Stone, Inc. v. Montgomery County, 552 A.2d 960, 78 Md. App. 176, 1989 Md. App. LEXIS 43 (Md. Ct. App. 1989).

Opinion

BISHOP, Judge.

The appellant, Rockville Crushed Stone, Inc. (RCS) appeals from an order of the Circuit Court for Montgomery County (Miller, J.) which affirmed Resolution 10-1971 (the Resolution) enacted June 10,1986 by the County Council for Montgomery County, Maryland, sitting as the District Council (the Council) for that portion of the Maryland-Washington Regional District (the District) located in Montgomery County, Maryland. The Resolution denied RCS’s Zoning Application G-316 (the Application), which sought a zoning reclassification from the Rural, Rural Density Transfer, and R-200 zones to the Mineral Resource Recovery Zone (“MRRZ”) of approximately 530 acres of RCS property (the “Property”) located in Boyds Maryland. Appellant claims that the Council acted arbitrarily, capriciously, and illegally. We affirm the denial.

I

Statutory Framework

In Montgomery County there are two separate procedures under the county zoning ordinance, The Montgomery County Code, Montgomery County, Md. (1984) (the “Code”), by which a party can apply to opérate a quarry in a zone which does not provide for such use as a matter of course. The first is to apply for a special exception under § 59-G-2.52 or 2.53 to operate in an area zoned as either Industrial (I) or Rural (R). The second is to apply for a zoning reclassification to the MRR Zone. Division 59-C-12. Which method is to be used is not the applicant’s choice. The applicant would always rather proceed by way of a special exception under §§ 59-G-2.52 or 2.53 as the governmental controls are significantly fewer than they are in the MRRZ. Compare Code Chapter 38 (the general laws applicable to all quarries including those authorized as both a special exception and as an MRRZ) with §§ 59-C-12.5 thru 12.8 (additional constraints applicable to property re[179]*179classified to the MRRZ). The appropriate procedure by which an applicant for quarry operations at a particular site must proceed is determined by the area master plan with which the applicant must comply. See § 59-C-12.1 (applies to the MRRZ) and § 59-G-l.21(a)(3) (applies to a special exception under §§ 59-G-2.52 or 2.53). In the case sub judice, The Maryland-National Capital Park and Planning Commission approved and adopted Boyds Master Plan (1985) (the “Master Plan”) required RCS to obtain a zoning reclassification to the MRRZ in order to conduct quarrying operations on the Property. Therefore, this case involves a zoning reclassification to the MRRZ and not an application for a special exception.1

The process of reclassification to the MRRZ under Division 59-C-12 is in two phases:

Phase I — Division 59-C-12 authorizes reclassification to the MRRZ of those areas “indicated as appropriate on the approved and adopted Master Plan.” § 59-C-12.2. This designation as “appropriate” does not make the location so specified an MRRZ and the fact that an area has been so labeled does not require the District Council to approve an application for an MRRZ at the site labeled “appropriate”. Boyds Civic Ass’n v. Montgomery County, 309 Md. 683, 696, 526 A.2d 598 (1987). This designation is merely a condition precedent to the filing of an application for reclassification to an MRRZ. This Phase I process, having been the subject of a separate appeal to this Court, is not at issue in the case sub judice; therefore, we will not discuss it further. Boyds Civic Association v. Montgomery County, No. 694 (Md.App. Jan. 1989) (upheld an amendment to the Master Plan by which the Council designated the property sub judice as appropriate for the MRRZ).

Phase II — Once an area has been designated as “appropriate” for an MRRZ on the Master Plan, then a party seeking [180]*180the reclassification of that area to an MRRZ must file an application for “Zoning Reclassification”, § 59-C-12.1, which is “in the nature of [an application for] a special exception.” § 59-C-12.1. This application consists of a Development Plan and a Site Plan. § 59-C-12.8. The application is initially reviewed by the hearing examiner, § 59-D-1.5, and is finally approved or rejected by the Council, § 59-D-1.4.

Approval for the requested reclassification to the MRRZ may be given by the hearing examiner and the Council only if the application meets certain standards specified in the Montgomery County Code, §§ 59-C-12.1 thru 12.8. These standards are divided into five major groupings:

(i) The MRRZ purposes (the “Purposes”) include, inter alia: “preservation of preemptive developement of land underlain by certain mineral resource deposits of current or future economic importance to the county and region ...[and] to ensure maximum protection to surrounding properties and the physical environment ...[;] because of potential adverse environmental impacts associated with resource extraction, processing, and transportation, application of the mineral resource zone should be limited to deposits that can be demonstrated to be a valuable resource within the Washington metropolitan region.” § 59-C-12.1.

(ii) The MRRZ development standards (the “Development Standards”) relate to: net lot area; percentage of lot coverage; front, side and rear yard requirements and lot width at the front street line; building height; and open space and green area requirements. Code § 59-C-12.52.

(iii) The MRRZ special regulations (the “Special Regulations”) control: paving of access roads, fencing, signs, parking, exterior lighting, hours of operation, land reclamation plans, explosives, and safety. Code § 59-C-12.6.

(iv) The MRRZ performance standards (the “Performance Standards”) regulate: siting of operational activities, minimization of visual effects, noise, vibration, dust, hydrological effects, and reclamation. Code § 59-C-12.6(j).

[181]*181(v) Finally, the application must be “in substantial compliance with the duly approved and adopted general plan or approved and adopted master plans for the Maryland-Washington Regional District.” § 59-C-12.1. That “approved and adopted master plan,” the Boyds Master Plan, sets the following preconditions, inter alia, for approval of an MRR Zone:

1) All transportation of stone from the Boyds mineral resource extraction site shall be by rail only for the short term and long term.
2) A finding that County and region-wide benefits outweigh controlled community impacts. This analysis would include an examination on the following: (1) the general availability of diabase2 or similar stone in the region; (2) the projected short-term and long-term cost of procuring the stone including hauling cost; (3) the need for the stone from a County-wide and region-wide perspective; (4) the demand for the use of diabase or similar stone in State and County road projects; (5) other relevant factors suitable for demonstrating the economic benefit for use of the stone and its need from a Countywide perspective; and (6) the impact of a quarry and haul traffic on Boyds and other affected areas.
A staging element coordinating construction with the availability of an appropriately zoned site for receipt of the rail-hauled stone.

Id. at 28-29.

II

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Bluebook (online)
552 A.2d 960, 78 Md. App. 176, 1989 Md. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockville-crushed-stone-inc-v-montgomery-county-mdctspecapp-1989.