Are horses part of Montgomery County's agricultural tradition?
A proposed Zoning Text Amendment (ZTA) could mean changes for the equestrian community in Montgomery County, although requirements for Potomac equestrian facilities would largely remain unchanged.
In Agricultural Zones, equestrian facilities would noe be able to a certain number fo events by right, and an amount over that would require a Special Exception. Additionally, setback, noise and light requirements have been established.
The amendment, ZTA 03-21, was proposed by Councilmember Steve Silverman (D-At Large) to clear up confusion about when and where a special exception is required.
“It’s a very big issue in terms of the future of the Ag. Reserve,” Silverman said.
The idea for a change came to the fore when a facility on Partnership Road, known as Green Acres and owned by Fuad El-Hibri, applied for a special exception.
The Board of Appeals reviewed and dismissed the Green Acres case as a result of a literal reading of the zoning law, which required a special exception only if the facility planned to conduct more than two horse shows per year and was on less than 25 acres.
Green Acres was set to be on approximately 88 acres, so the Board decided that a special exception was not needed. In the brief explaining their decision, the Board of Appeals determined that only one of seven clauses apply when determining the need for a special exception, wrote Judy Daniel of Park and Planning staff in a memo to the Planning Board.
Other parts of Board of Appeals’ decision seem to restrict stable owners in agricultural zones but not in residential zones. “The board specifically declined to address this implication of their interpretation,” Daniel wrote.
ThAT decision LED to confusion in the equestrian community. “We have no definitive ‘you can do this, you can’t do that,’” said Julie Hagen of Bascule Farm. Hagen has been working in support of the zoning change.
El-Hibri has an “association” with Bascule Farm, according to his attorney Steve Orens, and Hagen is slated to become the manager of Green Acres.
A feeling that the law needs to be changed exists even among opponents to the proposed ordinance as written.
“Clearly the zoning law needs fixing, but this goes way too far,” said Dolores Milmoe of the Audubon Naturalist Society.
“The thing introduced by Mr. Silverman throws out everything,” said Bill Roberts, attorney for the Sugarloaf Citizen’s Association, which opposes the proposal. “It basically exempts everything from the special exception process.”
That seems to be the intention of the amendment’s author. “What it is designed to do is to eliminate the burden of the special exception process,” Silverman said. Those who support the amendment believe that it is necessary to allow the equestrian industry in Montgomery County to survive.
Proposal supporters point to the number of equestrian operations moving away from the urban areas surrounding Washington, D.C. — evidence, they say, that Montgomery County needs to do something to maintain its equine heritage.
Opponents of the measure are concerned about regulating horse shows and other competitions that might attract a large number of participants and spectators.
While acknowledging that horses can have an agricultural use, horse shows are not agricultural in nature and do not belong in the Agricultural Reserve by right, some say.
“When does the agricultural use become overwhelmed by a recreational or entertainment use?” said Roberts.
The Green Acres project would allow for a lighted facility making some events, like polo matches, possible well into the night.
Silverman’s proposed zoning change would allow a number and size of horse shows that would destroy the spirit of the Agricultural Reserve, Roberts said. The Amendment would declare equestrian facilities to be agricultural, rather than recreational.
“Playing polo until 11 p.m. in a lighted arena no more advances agriculture than a soccerplex or baseball stadium encourages the growth of turf grass,” Roberts said.
Some opponents of the zoning change charge that the entire reason for the change is the Green Acres project. “This ZTA has been tailored by Steve Silverman to allow for this Green Acres thing to go through,” said Dolores Milmoe of the Audubon Society.
Representatives for Green Acres applaud the proposed revision, and think that it will work in their favor. “Of course it will help my client,” said Steve Orens, attorney for Green Acres. “But the need for it does not come out of the Green Acres farm.”
Orens’ opinion seems to be in the minority, however.
“It was precipitated by Green Acres,” Silverman said. But Green Acres only sparked his interest, he said. “As I started to look into the issue, it became clear to me that we had to come up with something that would address riding stables across the board,” Silverman said. “Whether this allows [Green Acres] will be completely a function of whether it complies with the ZTA.”
Opponents of the proposal say some of the language is too vague to impose any meaningful restrictions. Milmoe cited the section that states that outdoor lighting may not obscure astronomical observation. “Does that mean the moon or the night stars?” she said.
Some degree of subjectivity is necessary in regulation to allow for differences in different areas – the amount of light that would have an effect in the Agricultural Reserve is very different from the amount that would make a difference on the Rockville Pike. “You have to look at it in a reasonable, common-sense way,” Orens said.
Supporters say that allowing equestrians to use the land will help preserve economic viability of the horse industry and help to preserve the Agricultural Reserve.
“If no one uses it but for looking at, it’s not very useful,” said Park and Planning staffer Daniel, who has been working to develop the zoning change.
Silverman hopes that the new zoning text amendment will help equestrians in general. “We need to do everything we can to encourage the equine industry in Montgomery County,” he said. “The numbers suggest that the equine industry is part of the future of the Ag Reserve.”
“It’s going to allow us to remain economically viable,” Hagen said.