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Record of Proceedings

Howard County Zoning Board Approves Rezoning Petition ZB 1131M on April 8, 2026

County Council & Boards — Wednesday, April 8, 2026
BodyHoward County, Maryland
SessionCounty Council & Boards
DateWednesday, April 8, 2026
StatusFILED
Video Record
0:00 / 1:27:14

Original source
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0:00

Recorded and summarized.

0:04

For you guys, if if you do file along the script, I change the order of something.

0:08

So if you see that, don't think you're going crazy.

0:11

Just know that I went crazy.

0:14

So good evening.

0:15

The purpose of this zoning board presentation and work session is to review the hearing examiner's report on ZB 1131M, the Palmetto Group Inc., as well as the exceptions to that report and to discuss and vote on this zoning map amendment petition.

0:32

Ms.

0:32

Berg, will you please call the roll for the board members?

0:36

Chair Young Chair Youngman.

0:37

Here.

0:38

Vice Chair Walsh.

0:41

Yes.

0:42

Ms.

0:42

Rigby.

0:43

Here.

0:43

Ms.

0:43

Young.

0:44

Here.

0:44

And Dr.

0:45

Jones is absent.

0:48

So we do have a quorum.

0:50

Tonight's proceeding is being conducted as a hybrid meeting, which is available in person and virtually.

0:56

It's available to the public through live stream on the Howard County Council website.

1:01

We will first proceed with voting to approve the following zoning board minutes.

1:07

March 25th, 2026, Zoning Board Administrative Meeting.

1:11

I move to approve the minutes of March 25th, 2026.

1:15

I have a second.

1:16

Second.

1:17

Second.

1:18

Ms.

1:19

Burn, please call the vote.

1:21

Chair Youngman.

1:23

Yes.

1:24

Ms.

1:24

Walsh.

1:25

Abstain.

1:26

Ms.

1:26

Rigby.

1:27

Yes.

1:27

Miss Young.

1:28

Yes.

1:29

The motion to approve the minutes passes.

1:32

As a brief overview, we are meeting pursuant to Rule 2.405 D NE of the rules of procedure of the Howard County Zoning Board, which state that after the conclusion of a zoning board hearing heard by the hearing examiner, the hearing examiner shall present her report along with the record to the zoning board, followed by any exceptions to the report, and the zoning board shall make a decision.

1:57

Ms.

1:58

Berg, were any exceptions received?

2:00

Um yes, we did receive from Protestant Joel Hurowitz.

2:04

Um he did file an exception to the hearing examiner's report on April 8th, 2026.

2:10

Um also on the same date, um, both petitioners council and zoning council waived written responses to those exceptions.

2:18

Okay.

2:19

So we will hear uh Mr.

2:21

Herwitz exceptions after the presentation from the hearing examiner.

2:26

Um as a reminder, this zoning map amendment petition requests that the zoning map of Howard County be amended to change the zoning of the property designated as parcel 706 on Howard County Tax Map 43, also known as 6871 Dorsey Road Elkridge, and parcel 726 on Howard County Tax Map 43, also known as 6875 Dorsey Road Elk Ridge from TOD, Transist Orient Transit Oriented Development District, to R 12 residential single district.

3:07

We will need the zoning board will need to decide one, if the record is presented to us is sufficient to make a decision on the petition, or if we need to remand for the hearing examiner to hold additional hearings.

3:20

Two, if the record we have is sufficient and no remand is necessary, then we need to decide if the re decide if we accept, modify, or reject the hearing examiner's recommended findings of fact and or conclusions of law based on that record.

3:36

And three, if based upon the findings of fact and conclusions of law that we reach, if we approve, modify or deny the petition.

3:48

So that is our job.

3:50

I have a question, Chair.

3:52

There were some procedural or at least one procedural item that was brought up after we voted to send this first case to Madam Hearing Examiner, which is whether or not the proper disclosures had been made.

4:04

When is the right time in this to raise that issue again?

4:10

Okay.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████47%
Pending Litigation██████████████████████23%
Procedural████████████████████21%
Public Engagement███████7%
Personnel Matters██2%
Summary of Proceedings

Howard County Zoning Board Meeting Summary - April 8, 2026

The Howard County Zoning Board held a hybrid presentation/work session on Wednesday, April 8, 2026, at 7:00 p.m. to review Hearing Examiner Kathryn Nichols' report on ZB 1131M (The Palmetto Group, Inc.), hear exceptions, and vote on the zoning map amendment petition for 6871 and 6875 Dorsey Road, Elkridge. Present were Chair David Yungmann, Vice Chair Liz Walsh, and members Deb Jung and Christiana Rigby; Opel Jones was absent.

Consent Calendar

  • Minutes Approval: The board voted 3-0-1 to approve the March 25, 2026 Zoning Board Administrative Meeting minutes. Chair Yungmann, Ms. Rigby, and Ms. Young voted yes; Vice Chair Walsh abstained; Dr. Jones was absent.

Procedural Discussion

  • Notice and Scheduling Concerns: Vice Chair Walsh raised concerns about whether scheduling evidentiary hearings as continuations of administrative meetings complied with notice requirements, suggesting the practice may not provide sufficient public notice. Member Jung noted that many Long Reach residents were unhappy about a daytime redevelopment hearing and urged that zoning board hearings be held in the evening. The board discussed the exception filing timeline (20 business days) and whether to revise it. Council attorney Mr. Moore explained that board rules require 30 days' notice for administrative meetings, but the practice of scheduling follow-up hearings may differ. The board agreed to revisit procedural rules in the fall after the current cases conclude.
  • Hearing Examiner Rules Accessibility: Mr. Hurowitz stated that the zoning board hearing examiner's rules of procedure were difficult to find online. Board members acknowledged the issue and noted that the rules are within the zoning board rules of procedure.

Hearing Examiner's Report on ZB 1131M

  • Case Summary: Hearing Examiner Kathryn Nichols presented her report on the petition by The Palmetto Group, Inc. to rezone two parcels (approximately 0.4 acres combined) at 6871 and 6875 Dorsey Road, Elkridge, from TOD (Transit Oriented Development) to R-12 (Residential Single) District. She noted the properties were placed in TOD in the 2013 comprehensive rezoning, likely due to an error regarding their size (thought to be 1.1 acres) and lack of knowledge of environmental constraints (streams, wetlands, stormwater facilities) separating them from TOD development. She stated the applicant argued mistake in the last comprehensive rezoning and found the burden met. She noted the applicant suggested the RSC (Residential Single Cluster) zone, which would allow single-family homes on each lot, and that this would align with the residential character across the street. She reported that no members of the public testified at the hearing, but the planning board had received comments about commercial vehicle parking.

Exceptions by Protestant Joel Hurowitz

  • Arguments: Mr. Hurowitz filed exceptions regarding the appointment of the zoning board hearing examiner and zoning counsel. He argued the hearing examiner's appointment violated Section 216 of the County Charter, which requires appointment by resolution in public, and that the hearing examiner's role constitutes providing legal advice. He also contended the de facto officer doctrine did not preclude his challenge. He acknowledged he did not expect the board to grant relief in this case.
  • Board Response: Members discussed the validity of the appointment process but did not take action on the exceptions. Ms. Young stated she agreed the process could be improved but would not vote for the exceptions. Chair Yungmann noted the board heard the exceptions for completeness.

Board Deliberation and Vote

  • Record Sufficiency: The board unanimously agreed the record was sufficient to make a decision without remand.
  • Vote on Petition: A motion to approve the petition passed 4-0 (Jones absent). The written decision and order will be forthcoming. Note: The petition originally requested a change to R-12, while the hearing examiner discussed the alternative RSC zone; the board's motion did not specify the zone, and the practical outcome will be detailed in the written decision.

Key Outcomes

  • Approved ZB 1131M rezoning petition (4-0).
  • Approved March 25, 2026 minutes (3-0-1).
  • No action taken on Joel Hurowitz's exceptions.
  • Board identified procedural issues to revisit in fall 2026.

Meeting Transcript

Recorded and summarized. For you guys, if if you do file along the script, I change the order of something. So if you see that, don't think you're going crazy. Just know that I went crazy. So good evening. The purpose of this zoning board presentation and work session is to review the hearing examiner's report on ZB 1131M, the Palmetto Group Inc., as well as the exceptions to that report and to discuss and vote on this zoning map amendment petition. Ms. Berg, will you please call the roll for the board members? Chair Young Chair Youngman. Here. Vice Chair Walsh. Yes. Ms. Rigby. Here. Ms. Young. Here. And Dr. Jones is absent. So we do have a quorum. Tonight's proceeding is being conducted as a hybrid meeting, which is available in person and virtually. It's available to the public through live stream on the Howard County Council website. We will first proceed with voting to approve the following zoning board minutes. March 25th, 2026, Zoning Board Administrative Meeting. I move to approve the minutes of March 25th, 2026. I have a second. Second. Second. Ms. Burn, please call the vote. Chair Youngman. Yes. Ms. Walsh. Abstain. Ms. Rigby. Yes. Miss Young. Yes. The motion to approve the minutes passes. As a brief overview, we are meeting pursuant to Rule 2.405 D NE of the rules of procedure of the Howard County Zoning Board, which state that after the conclusion of a zoning board hearing heard by the hearing examiner, the hearing examiner shall present her report along with the record to the zoning board, followed by any exceptions to the report, and the zoning board shall make a decision. Ms. Berg, were any exceptions received? Um yes, we did receive from Protestant Joel Hurowitz. Um he did file an exception to the hearing examiner's report on April 8th, 2026. Um also on the same date, um, both petitioners council and zoning council waived written responses to those exceptions. Okay. So we will hear uh Mr.

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