The Howard County Hearing Examiner convened on February 25, 2026, at 10:00 AM in a hybrid format to hear Zoning Board Case ZB 1130M, a petition by Corridor Square, LLC to rezone approximately 3.91 acres from Transit Oriented Development (TOD) to B-2 (Business General) with a documented site plan for a motor vehicle fueling facility, convenience store, and car wash. The hearing included a preliminary motion to disqualify the Hearing Examiner and Zoning Counsel, testimony from expert witnesses for the petitioner, and public testimony from opponents. The hearing remains open, continuing to February 26, 2026, at 10:00 AM.
This webinar is being recorded and summarized. All right, good morning, everybody. It is approximately 10 o'clock on the 25th of February. We are here for a rezoning case, zoning board 1130. It is a request to rezone 1.91, excuse me, 3.91 acres of land from the transit-oriented development zone to the business general zone. It's a piecemeal rezoning request. Therefore, the burden of law is change in the character of the neighborhood or a mistake in the previous zoning. For the purposes of this particular hearing, it's the first time we've had a zoning board hearing in front of the hearing examiner. So it's going to be new to all of us. We have a new set of procedures. And I'd like to just go around the room so everybody understands who's here today. So Mr. Foreman, could you just introduce yourself and your position? Yes, good morning, everyone. My name is Nate Foreman, and I am the zoning counsel for Howard County. Mr. Carla? Good morning, everyone. My name is Chris DeCarlo. I am the attorney for the petitioner in this matter, Corridor Square LLC. Okay, and for the purposes of this hearing, I'm David Zinner, also from Rosalie Bonhear Society. All right, thank you, everybody. This is a hearing in which some people are attending in person and some are attending virtually. And so I'm gonna try to be cognizant of those who are virtual. So uh the procedures that we have indicate that the first thing that happens today is going to be the petitioner's opening statement. Mr. DeKarlo? Thank you, Madam Hearing Examiner. I do um I have a preliminary matter. I just like to Oh, I'm so sorry, I I am wrong. That's not the first thing that happens today. The first thing that happens today is we have uh a motion in front of us by Mr. Hurlowitz. If you want to come up to the speaker's podium and um argue your motion, uh Mr. Hurwitz has a motion to disqualify myself as zoning board hearing counsel and to disqualify Nathaniel Foreman as zoning counsel. So, Mr. Hurwitz, your petition. Uh good morning, Joel Horwitz, live in Columbia. So the petition is not personal to the persons. It's because this was the first zoning board hearing examiner matter. Um my position is that the hearing examiner's authority does not flow from the hearing authority under section 502 of the charter, because it's limited to boards of appeals topics. Therefore, you have to have another authority in the county charter, and the county charter is clear in section 405 that the county solicitor is the attorney for all the purposes, except that there's an exception in the charter. Um exceptions is 216, which gives the county council, which is the zoning board, the authority, the higher legal counsel if they do it by resolution. Um they did not do that. Um point out similar provision was recently enacted by the voters giving the same basic language to the inspector general. It's also higher legal counsel at their discretion. Um counsel basically fails to refute any of the arguments made regarding the county charter in their reply. They said that I misread or misinterpreted, but didn't say how they talk about the long-standing administrative practice that uh uh I should also back up zoning council. It's also I believe is it legal assistance to the county council and under 216 also needs to be approved by resolution. On top of that, the county code says that has to be approved by three votes, and the county council can only act in public to vote on a resolution.