Mega Church Hearing Play by Play- 2/28

Welcome- the Frederick County Board of Appeals is hearing an appeal of the approval of Global Mission Mega Church that is proposed to for the shadow of Sugarloaf. See a background here

We are going to give you the play by play below. We are going to 11pm at the latest tonight and will continue at another date if need be. There is the possibility that this case will not be heard tonight because of assertions by GMCs laywers sent in at the last minute.

8:02pm- It seems that none of the BOA Members actually visited the site but instead drove around it- they couldn’t get access to the site for some reason.

8:10- GMC’s lawyers insist that opponents are using the wrong statute- this is the case they made in a huge filing late yesterday insisting that the issue of septic can not be any part of this.

8:17- The county’s lawyer agrees with the church- anything related to the health department should not be part of tonight’s proceedings.

8:27- MCA’s lawyer insists that the people living closest deserve to take a look at the numbers on the septic system.

8:33- the BOA takes a break to consider the church’s assertion that church opponents can’t present anything on the septic system or anything on the site plan- basically they are saying that there are no arguments we can make tonight and the lawyer for the Planning Commission has agreed. This could be a short night folks- not in a good way.

9:23- Chair Duke has said he would like to deny the whole appeal, agreeing that neither the site plan or the septic are the preview of the BOA.

9:25- BOA member Sepe says it is crazy to deny the appeal without hearing any testimony at all “we have not even started this process”

9:26- MCA’s Caroline Taylor asks the BOA- if we are asking the Health department about their methods to find how they have arrived at those numbers and we can’t get them before a decision- what is the process for getting those? We are asking you to collect information to make sure we are getting our questions answered.

9:26- The County’s lawyer points out that the Health Department is a state agency and supports the idea that the BOA can not decide on Health Department.

9:32- MCA posits that we are here at the BOA because we have not gotten the information on the septic calculations in previous hearings.

9:34- BOA member Sepe is still (rightly) concerned that they have not heard any testimony at all. Chair Duke says that there is precedent in a case a few months back, denied on the basis of jurisdiction.

9:37- A motion made that they will not take evidence on septic as they do not have jurisdiction over the decisions made by the heath department- it passes 4-1 Ms. Sepe in opposition. This means that the BOA will not even hear testimony on the septic issue.

9:44- A motion is made to appease the church’s second demand- denying the appeal on the basis of our appeal being based on 2009 regulations when the church insists it is the 2008 regulations that should be applied (even though they had added more land to thier property to it site since then). If this passes it takes another big plank out of our argument against the church. County staff say that the newly submitted site plan was a continuation of the same one, not a new one. Again- Ms. Sepe is a voice of reason for taking testimony and giving our side a chance to respond to these late breaking filing from GMC. BOA member Fenimore agrees with her.

Woah- BOA member Bowersox- “That’s why there is a circuit court”. In response to not hearing testimony.

3 to 2 – the motion to take out site plan-

Folks- the appeal of the site plan approval has been denied. This is not the end of this issue. Stay Tuned.

5 Things the Same Size as the Mega Church

MCA has been appealing the FredCo Planning Commission’s approval of the 118,000 square ft proposed mega church project in the shadow of Sugarloaf Mountain, high on a hill over a pristine stream and using a giant sandmound septic system that will take up 2 acres of the property. The size of the building and the number of services that would be held means thousands of people would occupy the building each week- making it likely the septic system would fail and degrade the local sole-source aquifer- the source for all area resident’s drinking water. Read the whole saga here.

But how big is 118,000 Square Feet? We put together the handy guide below with similarly sized buildings. Note- all these buildings are on public water and sewer- as buildings of this size and occupancy should be to protect water quality. Also note- even though they are all the same size, all but St. Patrick’s Cathedral would not be allowed on the proposed site for the Mega Church. The Agricultural zoning allows houses of worship but not commercial ventures. So, a building housing a church that happens to be the size of a Wal-Mart, fine- a Wal-Mart- no.

St. Patrick’s Cathedral: 108,000 Sq Ft
St. Patrick’s  is NYC’s great Cathedral and landmark. The Cathedral hosts 5.5 million visitors a year and 2,400 masses are celebrated each year.

The new Wal Mart in Aspen Hill 118,000 SqFt

The Tacoma, WA Convention Center 118,000 SqFt
The Convention center has recently played host to a crowd of 5,000 for the Best of the NW Cheerleading and Dance Competition and in 2011 hosted the America’s Got Talent tryouts.

The Pro Football Hall of Fame in Canton, Ohio 118,000 SqFt
This Museum has been expanded over the years to its current size and welcomed 186,429 guests last year.

Cherokee South Plaza- Overland Kansas

118,000 SqFt

This redeveloped shopping center serves a suburb of Kansas City- the developer notes that there are 100,000 people living in a 3 mile radius- necessitating a 15,000 sqft stand-alone Walgreens.

Global Mission Church: Mega Effort to Protect Regional Resources – Frederick’s Big Shrug!

Update- 3/29:
The BOA heard our motion for reconsideration (of our appeal earlier this month, read more below)  last night, and again did not take any testimony. Board member Ms. Sepe moved for reconsideration on 4 different motions:
1. citing the facts that the septic is only conditionally approved
2.that the site plan does not include one whole parcel that was bought recently, the parcel that would allow a project-critical secondary access for emergency vehicles.
3. that the wrong year’s ordinances have been applied
4. the BOA did not follow its own by laws in not hearing any testimony at the its last hearing.
After each of her motions, the chair would allow discussion but the other members said nothing- only raising their hands to vote down each well reasoned motion. Ms. Sepe was joined by alternate Mr. Dyjak on her final motion but it was still 2-3- the motion to reconsider failed. The whole thing was over in 20 minutes.
What’s Next- We await the written opinion from the BOA and then, in the words of one BOA member “this is what Circuit Court is for.” As we say after each such hearing- the proposed building is still just too big, still threatens water resources and this is nowhere near over. We value your support as we go hearing for hearing, round for round. Donations to our legal fund can be made here. Please be sure to write “legal fund” in the instructions to seller field- and thanks!

Update:  Frederick County Board of Appeals:  Dismisses Site Plan Appeal Without Hearing Evidence

The Frederick County Board of Appeals dismissed our (MCA,SCA and neighbors) appeal of the site plan approval of Global Mission’s (GMC) mega facility.  Last Thursday evening, we had 22 people prepared to testify and our attorney was set to argue our appeal. Yet, in response to a GMC last minute submitted 15 page communication advocating on procedural grounds (that we dispute) for dismissal and without affording us the opportunity to reply, the FCBOA, by majority vote, dismissed. It was the big shrug. The Frederick County Attorney, days before the hearing,  noted that is was extraordinarily odd that GMC had not filed as a party.  Apparently they did not so that they would not be held to filing deadlines that apply only to parties!

_______________________________

Previously:

Hearing set for February 28th at Frederick County Board of Appeals (link to directions/agenda)

Please plan to attend to give voice to the numerous concerns! Scroll down for more action.

Currently, Frederick County is poised to allow the Global Mission Church (GMC) of Silver Spring to construct a massive complex on farmland, steep topography and forest – in the shadow of Sugarloaf. At approximately 120,000 square feet (the size of the Nashville Convention Center  and larger than St. Patrick’s in New York), the development will dominate the vista from the mountain and the area long designated for farm and open space preservation in both Montgomery and Frederick Counties. Moreover, as the project will be served by Montgomery County’s rustic roads -it is a traffic nightmare and hazard waiting to happen. The complex, with an occupancy load potential of 5800, would draw from the Piedmont ground water aquifer that is the sole source of water to a swath of geography from Frederick, through Montgomery and into Loudoun. The sewerage produced would rely on a massive (and untested) sand mound septic system atop highly fractured geology, the aquifer and fragile Little Bennett Creek.   See the Map Here.
Montgomery Countryside Alliance and Sugarloaf Citizens’ Association are currently challenging the legality of Frederick County’s approval of the project before the Frederick County Board of Appeals. Partner groups such as Audubon Naturalist Society, Friends of Frederick County and Friends of Little Bennett have labored with us on this issue since 2009. Our concern has always centered on the massive scale of the project and the incompatibility with resources and beloved treasures, especially the mountain. Neighbors have filed suit against GMC’s proposed secondary access road that, if constructed, would greatly alter their neighborhood. Efforts to help the church find a location with public water/sewer and appropriate transportation infrastructure were unsuccessful.

Action Requested:

Write or testify in person:  Sample language here. (personalize please!)

FC Board of Appeals;  PlanningandZoning@fredco-md.net bcc us: info@mocoalliance.org

Please write to: Montgomery County Executive Ike Leggett and Board of County Comissioners: Ask them to:

1) Join the growing list of groups and elected representatives in voicing concern over the scale of the development and the potential for harm to natural and historic resources and public safety.
2)Provide guidance and assistance to the Church in finding property that will accomodate the scale of use – with public sewer/water and adequate road infrastructure.
3) In any case: Ensure that the process of review of the development is comprehensive and adheres to law and longstanding public policy.

Ike Leggett:  ocemail@montgomerycountymd.gov

FC Board of County Commissioners:  CountyCommissioners@FrederickCountyMD.gov.

Note:  MC county council weighs in with concerns

MCA’s letter to the editor Frederick News Post

Additional coverage

2012- MCA’s Year in Review

Gravitas in the Reserve- Dame Judy Dench films the BBC film “Philomena” at St Paul Church on Sugarland Rd. (With MCA’s Caroline Taylor and Gwen Reese)

With 2012 almost over- MCA’s board joined with our Advisory Committee (a group of local luminaries that provide us much valued guidance ) to look over the past year and plan our ambitious work plan for 2013.
Check out our 2012 wrap up presentation.

Donate Now: Mega Church Appeal!

MCA and Sugarloaf Citizen’s Association have retained legal counsel to challenge the Frederick County Planning Commission approval of the GMC site plan, with limited conditions.  The size of the project remains enormous and the community’s legitimate concerns and the evidence in the multi-year hearing record have been ignored.  We are working to raised fund for the litigation as well as experts in geology and environmental issues.

Please help by donating what you can to help us win this issue (with expert help)  for all of us who treasure the Reserve and Sugarloaf Mountain region.

Donate Now.

3 For- One Against-One Abstention- One Absence.

That was the vote ending many hours of testimony and cross examination at the Frederick County Planning Commission in front of an overflow crowd.

FC Staff said they had received almost 200 emails in opposition to the project, backed up by testimony from four organizations and 10 individuals in opposition. Our attorney, Michele Rosenfeld, argued well. MCA Executive Director Caroline Taylor ably cross examined GMC’s Attorney who was rude in response to respectful and legitimate lines of questioning.

Despite the lack of compatibility with the comprehensive plan, the extreme constraints of the site, the compelling argument with regard to the sheer scale of the project, and the egregious lack of transparency on the part of the applicant the Planning commission voted to approve the site plan with some conditions, notably a reduction in parking spaces. Two members that might have voted with us were ill.

We are evaluating options, including looking into options for appeal. The approval is conditional on outcome of the case against the GMC Secondary Access road cutting through a residential neighborhood on Dr. Perry Rd, an effort to which MCA has lent support.

We are immensely grateful to everyone who wrote in and testified. Regardless of the the outcome today, keeping up the pressure is still critical.

But there is more to be done, and we call on you again:

Please consider donating to our legal fund to help us continue this fight.

We are being far outspent and the common sense arguments we are making about water quality and traffic are not swaying the decision makers in this case. We may need to engage in more suits to keep conditions on yesterday’s ill-advised approval, and construction crews off of Old Hundred Rd.

Again, thanks to all that wrote in- this aint’ over yet.

You can be the first to hear updates about GMC by joining us on Twitter or Facebook

Frederick News Post Coverage

Victory! Court Rules in Emory Church Road Mega Church Case

Update:  September 18, 2012: Remember? The mega church approved by MC Planning Board on lovely, rural Emory Church Road in Olney? Members of our Board even participated in a “drive in” to demonstrate the folly of such huge traffic volume on the rural road.

As you may also remember, MCA and our partners at Audubon Naturalist Society saw the dangerous precedent that allowing sewer extension in conflict with the Private Institutional Facilities law, standing master plans, process and appropriate impervious limits- and worked to ensure Planning Board denial of this application. Our action alert garnered a huge volume of correspondence to the Planning Board.  That effort failed.  The community, joined by MCA, then took the matter to court.  That effort has succeeded.

Fact Sheet on the issue

Circuit Court Judge Burrell’s Order and concurrent Opinion
in this case can be found here. She has reversed the Planning Board’s preliminary
and site plan approvals on the following grounds:

1. The proposed sewer extension abuts at least two properties ineligible
for public sewer in violation of the Private Institutional Facility standards. Accordingly the
proposed development does not have legal access to sewer.

2. The Council Resolution only allows the sewer category to “advance”
from an ineligible to an eligible status if the Board adopts a preliminary
plan that “conforms to” the intent of the Olney Master Plan; the Board did
not make that finding so the Board’s opinion fails to satisfy this Council
condition and the property maintains its status as ineligible for public
sewer.

3. The Olney Master Plan recommends against the extension of public sewer
to the FBCW property and thus the Board cannot find that the preliminary
plan either “conforms to” or qualify as “substantial conformance” to the
Olney Master Plan (as required by the Council Resolution and the
Subdivision Regulations, respectively); absent legal access to public
sewer under the PIF standards or the right to access public sewer under
the Olney Master Plan the development cannot proceed.

4. The 17.1 percent impervious level approved by the Board does not
strictly “conform to” the intent of the Olney Master Plan or qualify as
“substantial conformance” to the intent Olney Master Plan to limit
impervious levels to approximately 9 percent and consequently the “Board’s
decision in this regard is not supported by substantial evidence of
record”.

The matter will be remanded to the Planning Board for the issuance of
“Preliminary and Site Plan Resolutions consistent with the findings of
this Court,” (i.e., denials).

_____________

Previous Posts

Update:  March 12, 2012

MCA will sign on as co-plaintiff in an appeal of the First Baptist Church of Wheaton preliminary and site plan resolutions. MCA’s executive committee agreed that this Planning Board decision should not go unchallenged.  At the heart of the issue is the integrity of our master plans countywide.

Update:  11/11/11 (neat)

Planning Board has not published decision as yet.  Will keep folks informed. This decision remains very troubling for the County’s communities that properly rely on our local government’s  adherence to their own master plans and regulations.

Despite clear Master Plan guidance, conditions imposed by the County Council and standing law – the Planning Board, without addressing a number of important issues, unanimously approved plans for the out of scale church complex on rural Emory Church Road in Olney.  Long time observers of  County politics and planning were stunned at the lockstep vote that came after citizen’s were told that issues relating to the developer’s water/sewer category change, both under PIF and as addressed in Master Plan, would not be considered by the Board.  Incredible and part of a Board trend of total disregard of the County’s master plans. (We saw this during the Barnesville Oaks proceeding.)

________________________________________________________________________

Emails to Park and Planning needed by COB September 7th!

Park and Planning decision on Olney area mega church threatens the integrity of critical policy that protects the Ag Reserve from large scale institutional development!

Need Email to P&P Chair by COB September 7th!

The Short Story:  This project (46,500 square feet, 788 seat house of worship), while just outside the Ag Reserve, is subject to the Public Institutional Facilities policy (PIF) which restricts sewage extension to large scale PIFs in rural zones (including the Ag Reserve). The First Baptist Church of Wheaton knowingly purchased land encumbered by PIF and master plan sewerage restrictions.  This is not your harmonious scaled to community use facility.This is, like the Global Mission Church near Sugarloaf, MEGA. Yet, Planning Staff has recommended approval of this huge development on narrow, rural Emory Church Road.  At issue is the integrity of both County PIF policy and County master plans.  If these can be violated here… they can be violated anywhere, including in the Ag Reserve.

The Ask:  A quick email urging denial to the Planning Board who will take the matter up on September 8th. Your voice will help not only the Emory Church Road community but also defend against dangerous precedent that would undermine the protection that PIF policy provides elsewhere, including the 93,000 Ag Reserve. Make no mistake, institutions seeking cheaper rural acreage for their mega projects are watching this case closely.

Send emails to:  MCP-Chair@mncppc-mc.org

Neil.Braunstein@montgomeryplanning.org

copy:    info@mocoalliance.org

Email sample (personalize if you can):

Subject Line:  Urge Denial:  Preliminary and Site Plans, First Baptist Church of Wheaton, 120100250 & 820100080

Dear Madame Chair and Members of the Planning Board,

I am a County Resident and support the County’s policies that seek to ensure that our rural lands and communities do not become holding ground for large scale public facilities.  Both the PIF and our Master Plans serve important public purpose.  The large scale church that seeks to build on Emory Church Road should be denied their water/sewer category change and their preliminary and site plans.  Our highest courts agree that the right to worship does not trump public health, environmental, resource laws and policy. There is a vast difference between a community sized house of worship and a mega church. The Olney Master plan does not provide for a facility of this scale in this location for good reason.

I respectfully urge you deny this project at this site.  The church should be encouraged to obtain a site appropriate to their scale, one with infrastructure in place, including sewer and roadways.

The Long Story:

Fact Sheet

Park and Planning Staff Report (this link can be very slow to load)

The court decision that upheld the PIF (despite claims that it abridged right to worship)

The First Baptist Church of Wheaton bought a 14.4-acre piece of property on Emory Church Road in Olney in 2007 (“Site”) and applied for a sewer category change under the County’s PIF policy.  They now seek approval for a 788 seat sanctuary.

Write a quick email to:

Individuals and associations who oppose the preliminary and site plan have urged the Board to find that the Site does not qualify for a sewer extension under the plain language of the PIF policy (in addition to multiple master plan conformance, neighborhood compatibility

to see the full alert, click here

PIF Legislation

Bethel Church Decision

Global Mission Mega Church: July 2012 Update: They’re Baaack!

Update 7/28/2012

GMC has submitted a revised site plan. The overview of revisions is here, the full plan is coming soon- at the moment it is too large for our site (much like the building the plans describe). We have not had a chance to go though the many pages of plans yet to look at lingering septic and emergency access issues, but one thing is clear- GMC is still appears un-interested in scaling their plans back. The footprint of the building has been reduced but is still more than 118,000 square feet.

Out of curiosity, we looked into other buildings this size for comparison. Also 118,000 square feet:

-Rowan University’s new state of the art library in New Jersey, a school of 10,000 students.
-The Greater Tacoma Convention and Trade Center in Washington State- the facility recently played host to the America’s Got Talent auditions.
-The proposed new Super Walmart planned for Aspen Hill, Montgomery County, a project that will need a special exception because of its size. (your average Target store is 125,000 square feet.)

Stay Tuned…

Update 7/21/2012

GMC has filed a new site plan.  We understand that this issue will be addressed within ninety days.  Sugarloaf Citizens’ Association and MCA will obtain the relavent documents/plans and make them available online.
Thanks again to the folks that have volunteered their time and expertise to work on this important issue.  The goal continues to be to ensure that this project finds a location that is in proximity to transportation and served by public water and sewer.  It is perplexing that the applicant has not acknowledged the extreme challenges to a project of this scale at a location with a multitude of challenges including septic, access, topography, master plans, etc.

Sugarloaf Mountain deserve protection.  Let’s work together to ensure the beauty and productivity of Frederick and Montgomery’s shared countryside!

____________________________________________

Previous Posts:

We understand that the Global Mission Church has been working on a new submission for  their plan for a massive development (138,000 sq feet phase 1 building only) in the shadow of Sugarloaf Mountain.  A new plan will trigger new public hearings in Frederick County.  The details of the new application are not currently available.  There is, however,  no indication that the project will be scaled down.  As to the the entrance in Montgomery County and through fragile Little Bennett Creek – nothing in a re-submission could alter the problems that portion of the project will create.

Stakeholders are mobilizing for this next round.  Thanks to those who have volunteered their time and talents thus far on legal, planning and environmental issues relating to this ill-conceived project.  We will send along action alerts as soon as we get a date for the hearing before the FC Planning Commission and as necessary for action on the Montgomery Side.

For background on this issue click here.

Slow Food DC Tours the Reserve

“The Reserve is a hidden gem; I never imagined that so close to our nation’s capitol there is such harmony between man and nature.”- Rose (tour participant)

MCA was pleased to spend a day taking members of Slow Food DC on a tour highlighting some great spots in the Reserve. Slow Food is and international organization focused on supporting “good,clean,fair food.”  We were thrilled to show them all the great local food and rural culture in their own backyard.

We got our history lesson at Seneca School House and St Paul Community Church and sampled local food at Rocklands Farm, Homestead Farm and Sugarloaf Mountain Vineyard. We saw animals, both wild (herons at McKee Beshers) and domesticated (the happiest pigs in the world at Poplar Spring Animal Sanctuary).

There is lots to see in the Reserve- to take your own tour we recommend our Ag Guide, soon to be revised and turned into a mobile app!

So what are the challenges to the Ag Reserve?

The reasonable question is sometimes asked:  so if the Ag Reserve has been master planned and zoned to protect farms and open space – where is the challenge? We wish it were that airtight.  Look at the satellite image above.  It tells a story of the burgeoning growth in the Washington Metropolitan region and how it can, absent proper planning and protection,  sprawl outward, resulting in great cost both in dollars and environmental degradation.  Unfortunately not every jurisdiction thought to create corridors for growth and wedges for preservation – The pressure on the Reserve in the face of  those planning failures, grows.  And, the fact is that Montgomery County has its own growing pains and troubling  memory loss with regard to the Reserve and its important purpose.  To keep this answer as brief as possible.  Here’s the top ten threats to the Reserve:

1.  Fragmentation due to loss of farmland and open space to suburban style development and industrial uses:  witness the suburbanized clusters on Peachtree Road and the now approved housing subdivision “Barnesville Oaks”  development on Montgomery’s last largest farm parcel.

2. Large scale private institutional facilities:  The continuing saga of Global Mission Church and the recent jaw dropping decision to allow a mega church on rural Emory Church Road in Olney provide a chilling reminder that local governments are shying away from their responsibility to uphold master plans and zoning regulations. There seems to be the false notion that religious freedom trumps public policy including health and safety laws. Local governments are reacting out of fear of lawsuit rather than sound policy and adherence to the law.

3. Zoning changes by zoning text amendments: There are those within the local government who seek to add land uses, landscape contractors for example, to the list of permitted uses that do not require review process (special exception) in the Reserve.  This would result in the addition of  industry that is neither supportive of farming nor open space preservation and that may drive the cost of Reserve acreage further upward and out of the hands of those who seek to farm here.  This effort, ostensibly geared toward job creation, conflicts with ongoing and successful efforts to expand local food production and ag sector employment opportunities  in the Reserve.

4.  The push for a  Potomac bridge and highway crossing: Virgina, with support from development proponents and lobbyists in Maryland, has met with Maryland’s Governor and continues to press for this boondoggle of a project that would split open the Reserve and promote sprawl development.  Our best defense is a Reserve that has been secured,  galvanized, against such a violation through perpetual easements such as Maryland Environmental Trust and solid public and governmental support. Moreover, the strength of our agricultural sector provides solid argument against this ill conceived proposal.

5. Loss of farmers: The average age of Montgomery County farmers is 59.  While there are family farms that have groomed a next generation of producers, a number do not.  We need to do more to help the next generation of producers to get growing.

6. Skyrocketing farmland cost: this is the number one challenge that new and expanding producers cite that prevents them from growing here in Montgomery County.  It is why we launched LandLink with help from farmer Shannon Varley from Bella Terra Farm.

7. Loss of Community Resources: The Reserve saves the County tax revenue.  Reserve communities take very little of  each dollar of tax revenue collected – less than $.75 compared to more that twice that to support the communities elsewhere in the County. Yet, when the economy tanked-  savings were quickly sought via closure of the Reserve’s rural schools (Monocacy Elementary in Barnesville to start) and cutbacks to Ag Services.  To survive and grow, we must ensure that the necessary resources including schools, groundwater, farming support programs, ag related businesses also thrive.

8. Spot Zoning by Special Benefit Permits: Despite the tax payer assisted creation of the large Germantown sports complex, various sporting associations conduct massive regional events on Reserve farmland.  We are told that farms fields are less expensive.  Maybe.  But it really is spot zoning-  providing for large scale recreational facilities that are not allowed in the Reserve and presenting conflict with the primary land use:  farming.  Yet, the political pressure to look the other way apparently is great.

9.  Sand Mound Septic Systems: These systems were intended only to be allowed for failing traditional septic or for lots for farmers’ children, with the purpose of ensuring the continuation of the family farm.  Loopholes have allowed for mansions with mounds that effectively remove land from farming opportunity and create conflict with neighboring farming operations.  2012 should be the year that this is properly addressed and corrected.

10. Lack of Public and Governmental understanding of the Reserve: Much effort is needed to educate the region about the critical importance of preserving the Reserve  and, more importantly, expanding its role in our local food system. We are working to put together a “library” of resources that will address this challenge.

Court Victory in Olney Mega Church case! Master Plans and Law Rule!

Update:  September 18, 2012: Remember? The mega church approved by MC Planning Board on lovely, rural Emory Church Road in Olney? Members of our Board even participated in a “drive in” to demonstrate the folly of such huge traffic volume on the rural road.

As you may also remember, MCA and our partners at Audubon Naturalist Society saw the dangerous precedent that allowing sewer extension in conflict with the Private Institutional Facilities law, standing master plans, process and appropriate impervious limits- and worked to ensure Planning Board denial of this application. Our action alert garnered a huge volume of correspondence to the Planning Board.  That effort failed.  The community, joined by MCA, then took the matter to court.  That effort has succeeded.

Fact Sheet on the issue

Circuit Court Judge Burrell’s Order and concurrent Opinion
in this case can be found here. She has reversed the Planning Board’s preliminary
and site plan approvals on the following grounds:

1. The proposed sewer extension abuts at least two properties ineligible
for public sewer in violation of the Private Institutional Facility standards. Accordingly the
proposed development does not have legal access to sewer.

2. The Council Resolution only allows the sewer category to “advance”
from an ineligible to an eligible status if the Board adopts a preliminary
plan that “conforms to” the intent of the Olney Master Plan; the Board did
not make that finding so the Board’s opinion fails to satisfy this Council
condition and the property maintains its status as ineligible for public
sewer.

3. The Olney Master Plan recommends against the extension of public sewer
to the FBCW property and thus the Board cannot find that the preliminary
plan either “conforms to” or qualify as “substantial conformance” to the
Olney Master Plan (as required by the Council Resolution and the
Subdivision Regulations, respectively); absent legal access to public
sewer under the PIF standards or the right to access public sewer under
the Olney Master Plan the development cannot proceed.

4. The 17.1 percent impervious level approved by the Board does not
strictly “conform to” the intent of the Olney Master Plan or qualify as
“substantial conformance” to the intent Olney Master Plan to limit
impervious levels to approximately 9 percent and consequently the “Board’s
decision in this regard is not supported by substantial evidence of
record”.

The matter will be remanded to the Planning Board for the issuance of
“Preliminary and Site Plan Resolutions consistent with the findings of
this Court,” (i.e., denials).

_____________

Previous Posts

Update:  March 12, 2012

MCA will sign on as co-plaintiff in an appeal of the First Baptist Church of Wheaton preliminary and site plan resolutions. MCA’s executive committee agreed that this Planning Board decision should not go unchallenged.  At the heart of the issue is the integrity of our master plans countywide.

Update:  11/11/11 (neat)

Planning Board has not published decision as yet.  Will keep folks informed. This decision remains very troubling for the County’s communities that properly rely on our local government’s  adherence to their own master plans and regulations.

Despite clear Master Plan guidance, conditions imposed by the County Council and standing law – the Planning Board, without addressing a number of important issues, unanimously approved plans for the out of scale church complex on rural Emory Church Road in Olney.  Long time observers of  County politics and planning were stunned at the lockstep vote that came after citizen’s were told that issues relating to the developer’s water/sewer category change, both under PIF and as addressed in Master Plan, would not be considered by the Board.  Incredible and part of a Board trend of total disregard of the County’s master plans. (We saw this during the Barnesville Oaks proceeding.)

________________________________________________________________________

Emails to Park and Planning needed by COB September 7th!

Park and Planning decision on Olney area mega church threatens the integrity of critical policy that protects the Ag Reserve from large scale institutional development!

Need Email to P&P Chair by COB September 7th!

The Short Story:  This project (46,500 square feet, 788 seat house of worship), while just outside the Ag Reserve, is subject to the Public Institutional Facilities policy (PIF) which restricts sewage extension to large scale PIFs in rural zones (including the Ag Reserve). The First Baptist Church of Wheaton knowingly purchased land encumbered by PIF and master plan sewerage restrictions.  This is not your harmonious scaled to community use facility.This is, like the Global Mission Church near Sugarloaf, MEGA. Yet, Planning Staff has recommended approval of this huge development on narrow, rural Emory Church Road.  At issue is the integrity of both County PIF policy and County master plans.  If these can be violated here… they can be violated anywhere, including in the Ag Reserve.

The Ask:  A quick email urging denial to the Planning Board who will take the matter up on September 8th. Your voice will help not only the Emory Church Road community but also defend against dangerous precedent that would undermine the protection that PIF policy provides elsewhere, including the 93,000 Ag Reserve. Make no mistake, institutions seeking cheaper rural acreage for their mega projects are watching this case closely.

Send emails to:  MCP-Chair@mncppc-mc.org

Neil.Braunstein@montgomeryplanning.org

copy:    info@mocoalliance.org

Email sample (personalize if you can):

Subject Line:  Urge Denial:  Preliminary and Site Plans, First Baptist Church of Wheaton, 120100250 & 820100080

Dear Madame Chair and Members of the Planning Board,

I am a County Resident and support the County’s policies that seek to ensure that our rural lands and communities do not become holding ground for large scale public facilities.  Both the PIF and our Master Plans serve important public purpose.  The large scale church that seeks to build on Emory Church Road should be denied their water/sewer category change and their preliminary and site plans.  Our highest courts agree that the right to worship does not trump public health, environmental, resource laws and policy. There is a vast difference between a community sized house of worship and a mega church. The Olney Master plan does not provide for a facility of this scale in this location for good reason.

I respectfully urge you deny this project at this site.  The church should be encouraged to obtain a site appropriate to their scale, one with infrastructure in place, including sewer and roadways.

The Long Story:

Fact Sheet

Park and Planning Staff Report (this link can be very slow to load)

The court decision that upheld the PIF (despite claims that it abridged right to worship)

The First Baptist Church of Wheaton bought a 14.4-acre piece of property on Emory Church Road in Olney in 2007 (“Site”) and applied for a sewer category change under the County’s PIF policy.  They now seek approval for a 788 seat sanctuary.

Write a quick email to:

Individuals and associations who oppose the preliminary and site plan have urged the Board to find that the Site does not qualify for a sewer extension under the plain language of the PIF policy (in addition to multiple master plan conformance, neighborhood compatibility

to see the full alert, click here

PIF Legislation

Bethel Church Decision

Next Page »