Chesapeake Ranch Club, Inc. v. Fulcher

• Decision Date: 10 March 1981
• Docket Number: No. 719,719
• Parties: CHESAPEAKE RANCH CLUB, INC. v. Frances W. FULCHER et al.
• Court: Court of Special Appeals of Maryland

Page 223

48 Md.App. 223

426 A.2d 428

CHESAPEAKE RANCH CLUB, INC. v. Frances W. FULCHER et al.

No. 719.

Court of Special Appeals of Maryland.

March 10, 1981.

Glenn B. Harten, Prince Frederick, for appellant.

Steven L. Clagett, Prince Frederick, for appellee, Board of County Commissioners for Calvert County.

Argued before LISS, MacDANIEL and WEANT, JJ.

LISS, Judge.

Chesapeake Ranch Club, appellant, submitted to the Zoning Board of Calvert County an application for the reclassification of an 8.034 acre parcel of land. The parcel is a peninsula located on the southern tip of Calvert County and fronts on both the Chesapeake Bay and the Patuxent River. The nearest major highway is approximately one mile away. When the original zoning ordinance was adopted in 1967, the subject property was zoned C-2, Highway Commercial. This classification was granted at the request of the owner of the parcel at that time. Appellant, the current owner, sought to have the parcel reclassified as C-3, Marine Commercial, on the grounds that the original C-2 classification was a mistake and that a C-3 classification was more appropriate to the land. This change would permit appellant to construct a marina on the property which is otherwise prohibited under a C-2 classification.

The property here involved is located in a largely residential community known as Drum Point which was developed in the early 1960's by Paul Kerman, of the Drum Point Corporation. The property was formerly used as the "Surf and Sand Club," and was open to the general public. It included a snack bar and swimming facilities. The Surf and Sand Club was closed in August of 1969 and has fallen into disrepair since that time.

The record discloses that although the original developer had requested and obtained C-3 zoning classifications for other parcels he owned in 1967 (when the original zoning ordinance was adopted), he nevertheless elected to have the subject parcel classified as C-2. In August of 1969, Drum Point Corporation conveyed several pieces of property to appellant herein by deed recorded among the land records of Calvert County. In reference to the subject property, the deed states that the parcel includes "the beach club building zoned C-2 (for motels)."

When the application for rezoning was filed, the Planning Commission of Calvert County undertook a review of the request by soliciting comments from related governmental agencies and the general public. The Commission further requested the applicants to submit a proposal for their intended use of the property should the rezoning be granted. The Department of Planning submitted its report to the Calvert County Planning Commission, which recommended that the petition for rezoning be denied.

Public hearings were held before the Board of County Commissioners, sitting as a zoning board, in August and September of 1979. At the hearing appellant relied solely on the contention that there was a mistake in the original zoning classification. Appellant never argued that there was a substantial change in the character of the neighborhood which would warrant a rezoning.

The applicant presented four witnesses at the hearing who testified to the following: (1) Ralph Smalley, contract purchaser of the property, testified that the marina would consist of six piers or docks, which would be protected by a floating breakwater; (2) Steven Peterson, a traffic planning and engineering consultant, testified that if the property is utilized in its present C-2 Highway Commercial status, more traffic would be generated than would result from the applicant's plan for a marina; (3) Owen Jones, a real estate appraiser and consultant, testified that the optimal use of the property would be obtained under a C-3, Marine Commercial classification; and (4) Bruce Philipson, president of Chesapeake Ranch Club, Inc., testified that the construction of a marina would be compatible with the water oriented character of the neighborhood and would increase the tax base of the County. The applicant also adduced evidence from the original developer that he was unaware of the distinction between C-2, Highway Commercial, and C-3, Marine Commercial when he originally applied for zoning.

In opposition to the rezoning, the Board of County Commissioners heard testimony from several governmental agencies. The Maryland Natural Resources Police stated that "a marina of this type ... would be hazardous to navigation and would not benefit this location." The Calvert County Health Department expressed its concern as to the potential source of pollution and danger to area shellfish from the proposed use of the property. This concern was corroborated by the Environmental Health Administration. Others who testified in opposition to the rezoning included the president of the Drum Point Property Owner's and Citizen's Association and several private citizens many of whom had specific expertise because of prior experience with technical deficiencies of the planned marina. These citizens expressed strenuous objection to the traffic hazards which they contended would be created by the marina. They questioned the need for such a facility and contended it would be a hazard to navigation. They also raised the issues as to the potential for shoreline erosion, the detrimental impact on water quality and shellfish production, and the general incompatibility with the existing and proposed development of the area.

After reviewing the evidence, the Board of County Commissioners upheld the Planning Commission's recommendation and passed resolution No. 26-79 which denied the rezoning application. Their decision was subsequently affirmed by the Circuit Court for Calvert County by opinion and order dated June 30, 1980. From that judgment, Chesapeake Ranch Club, Inc. appeals. Three issues are raised for this Court to determine:

1. Whether the zoning board erred in finding that there had not been a mistake in the original zoning classification of the subject property?

2. Whether the zoning board erred in not reclassifying the subject property from Highway Commercial to Marine Commercial?

3. Whether the zoning board made an improper finding of fact in its decision to deny appellant's request for reclassification?

1. and 2.

The Court of Appeals has held on numerous occasions that zoning and rezoning classifications are legislative functions. The role of the courts in zoning matters consists of a review of the zoning authority's decision-making process to ensure that it has not acted arbitrarily, capriciously or unreasonably. Absent any of these irregularities, the courts will leave untouched...