Proposals to modify the county's zoning regulations, including one aimed at helping the county's cash-strapped nonprofit swim clubs, highlight the County Council's legislative agenda this month.
The council introduced three zoning regulation amendments Tuesday, Jan. 3, among other legislation. At the same meeting, the council tabled a bill that would change the council district boundaries for the next 10 years so it could hold a public work session on the controversial plan. The work session has yet to be scheduled.
One of the zoning regulation amendments was introduced by council member Courtney Watson, an Ellicott City Democrat, to help create a new funding source for financially struggling swim clubs. The amendment is Watson's second attempt to help the swim clubs find money to help pay for capital improvements to their aging facilities. The first, a bill that would have given the county's six nonprofit swim clubs a property tax break, was rejected by the council July 28 in a 3-2 vote.
Watson's new proposal would to amend her 2008 neighborhood preservation bill to include swim clubs.
The original legislation authorizes property owners in the county's older residential neighborhoods to sell the development rights to their unused land to prevent them from building new housing that is incompatible with the existing units. An easement is then placed on the land to prevent future development.
Expanding the bill to include swim clubs, Watson said, could help the clubs in two ways. The clubs can sell the development rights — worth about $50,000 per right — to the land they haven't built on and use the money to pay for the capital improvements they need. In addition, once that land is placed in an easement, the state property tax assessors will value it at a lower rate than if it were developable, and the clubs will save money on their tax bills.
The Planning Board in December unanimously recommended approving Watson's proposal.
Watson said that while there may be a few existing opportunities for the swim clubs to sell their development rights, the amendment likely won't be much help until the real estate market recovers and developers are interested in building new neighborhoods where they would want the rights.
She also noted that the one-time cash the clubs would receive from selling their rights may not be enough to pay for all the improvements the pools need.
"It's not the entire answer," Watson said. "It could be one piece of the answer for some of these pools."
Pick-your-own operations
Another zoning regulation amendment, introduced at the request of Department of Planning and Zoning Director Marsha McLaughlin, would alter the regulations for pick-your-own produce operations and cut-your-own Christmas tree or flower businesses.
The proposal would remove the requirement that pick-your-own operations in rural conservation districts must have frontage on and direct access to a collector or arterial road.
"That bill was one we put in because we have had requests from someone in the (agricultural) community interested in property that would lend itself to pick-your-own operations," McLaughlin said.
She declined to say who the interested buyer was and said she did not know their plans for the property.
Though the amendment was triggered by the one instance, McLaughlin explained that it makes sense to be more liberal with the regulations in the rural conservation zoning district, where the primary goal is the preservation and promotion of agricultural uses, as opposed to the rural residential zoning district, the other district in which pick-your-own operations are allowed.
The amendment also adds a requirement to conform with changes in state law that all pick-your-own operations must obtain the required licenses or permits from the Howard County Health Department.
The Planning Board unanimously recommended approval of the amendment, but noted concerns about traffic.
"Board members expressed concerns about traffic congestion on local roads especially if a pick-your-own operation is allowed on a local road and a succession of pick-your-own operations subsequently begin operating on the same local road," the board's December recommendation reads.
Horseback riding stables
A third zoning regulation amendment, introduced on behalf of county resident Viram Patel, would change the setback requirements for horseback riding academies and stables, which are allowed on rural land with a zoning exception.
Currently, setback requirements, which specify how far the riding facilities must be from adjoining properties, are determined by the number of horses kept on the property — 100 feet for property with 20 or fewer horses and 200 feet for a property with more than 20 horses.
Patel's suggestion would change how the setback requirements are determined, using the type of structure as a standard instead of the number of horses. The proposal would make the setback 100 feet for an indoor or outdoor riding arena and 200 feet for a stable.
Patel could not be reached for comment, but in a telephone interview, his daughter, Vimisha Patel, said the property is located in Fulton off of Route 216.
According to the Planning Board recommendation issued in December, Patel bought his property in 1986 as an existing horse farm and had never had any complaints until recently, when he was issued a zoning violation for having a stable too close to a property line.
Kim Flowers, deputy director of the Department of Planning and Zoning, confirmed a zoning violation was issued against Patel for "unauthorized business use in a rural residential district," but she could not provide further details, including the date the violation was issued, because the case is ongoing.
Patel and his attorney told the Planning Board that changing the setbacks would provide flexibility for farms in the western part of the county.
The board members agreed, unanimously recommending the zoning regulation amendment be approved.
A public hearing on the three zoning regulation amendments and other legislation the council introduced Jan. 3 will be held Tuesday, Jan. 17, at 7:30 p.m. at the George Howard building in Ellicott City. A vote is scheduled for Feb. 6.