On March 3, 2026, Hearing Examiner Joyce Nichols conducted a hybrid hearing on Zoning Board case ZB 1131M. The petition, filed by The Palmetto Group, Inc. (owner of 6871 Dorsey Road and contract purchaser of 6875 Dorsey Road), requested a piecemeal map amendment to rezone two parcels (Tax Map 43, Parcels 706 and 726, totaling approximately 0.4 acres in Elkridge) from the TOD (Transit Oriented Development) District to the R-12 (Residential: Single) District, or alternatively to the RSC (Residential: Single Cluster) District. The petitioner argued that a mistake occurred during the 2013 comprehensive zoning because the parcels were not accurately depicted and are undevelopable under TOD due to size, shape, environmental constraints, and lack of connectivity to the larger TOD area. The record was held open for memoranda of law due by March 17, 2026.
This webinar is being recorded and summarized. Good morning. It is the 3rd of March. We are here on zoning board case number 1131, which is a request for rezoning from the TOD Transit Oriented Development Zone to the R single residential single, the R 12 zone. The application is by the Palmetto Group, who is the owner of 6871 Dorsey Road, and who also has the contract to purchase 6875 Dorsey Road. The parcels are 706 and 726, and they comprise approximately four excuse me, 0.4 acres of land. And I think the only argument in front of us of the change in mistake rule is the issue of mistake. Mr. Joel Hurlowitz is here today, and I know he wants to I'll let you speak for yourself. Let's do the motion first. Morning, Joel Hurwitz. I guess I just want to preserve record and incorporate by reference motion made in 1130M Corridor Square and 1133. And since I assumed it would be either denied or put under advisement, didn't seem worth pressing it further, but I just wanted to preserve that for further and get it so I can share that with the zoning board at appropriate time because it's really them who I'd like them to address. All right, thank you. Mr. Erskine, I know the motion wasn't filed in this case, but do you wish to be heard on the motion to disqualify the hearing examiner and the zoning council? Can I have reserve on that? Yep. Yep, as a matter of fact. We'll get you a copy of that, Kel, if you could send I actually have a copy of the case. Oh, you have copies. Okay. Um I'm advising all counsel now that at the conclusion of the evidentiary portion of this hearing, I'm going to be asking for a memorandum of law to be filed within two weeks of the closure of this particular record, and that would have to occur by four o'clock on that last business day. So Mr. Erskine, if you want, you can just include that in your memorandum of law. I will do that. Okay. All right. Okay, Mr. Hurlowitz. As you know, I'm going to take your motion under advisement and I'll deal with it in the report. Thank you. Thank you. All right, Mr. Erskine, you're first. So you get an opening statement if you want one. Yes, very briefly. Um Madam Hearing Examiner, this is a uh a request to amend the zoning maps of Howard County. Um it is a uh a peace be meal rezoning, a non-comprehensive uh request for rezoning. And as you're aware, that requires under Maryland case law that the petitioner or the applicant uh who bears the burden needs to demonstrate that after the last comprehensive zoning, which would be the 2013 comprehensive zoning, um, that there was a substantial change in the character of the neighborhood, or that there was a mistake during the comprehensive zoning. And as Madam Hearing Zammer is aware, and just stated, we are not alleging a change in the character of the neighborhood, but rather the applicant has alleged that there was a mistake, and that argument for mistake is actually two-pronged. Um is that during the actual comprehensive zoning, the subject properties were not identified on the on the zoning map that was under consideration by the council. Um rather it was shown as a singular parcel with multiple subparcels included. So I recall that the total size was a close was close to 1.2 acres. Um without any indication that there were subparcels. And in reality, there were subparcels, one of which was owned by an entity that Eric Burrs, who's with me today, owns. So they're much too small to accommodate TOD development. In fact, under the TOD regulations, they can't do residential at all because they don't meet the minimum size criteria to have residential. And then problems with developing it for other uses under the TOD are greatly complicated by the requirements to provide stormwater management and parking for the uses. So there's just not enough area to accommodate the stormwater and the parking along with a reasonable size structure.