Howard County Zoning Board Meeting: June 3, 2026 - ZB1130M and ZB1134M

The meeting began at 5:30 p.m. with a work session on ZB1130M (Corridor Square, LLC) to review the hearing examiner's report on a zoning map amendment from TOD to B-2 for a gas station, convenience store, and car wash on 3.91 acres, including a portion of the Rosa Bonheur Memorial Park. At 7:00 p.m., the board paused for an administrative meeting on ZB1134M (Olde Scaggsville, LLC) to decide whether the zoning board or hearing examiner would hear the case. The work session resumed after the administrative meeting.

Consent Calendar

• The board unanimously (5-0) approved the April 29, 2026 meeting minutes.

Public Comments & Testimony

• David Zinner, representing the Rosa Bonheur Society, argued that the petitioner's plan would destroy one-third of the cemetery, violating Howard County law requiring cemetery preservation. He alleged that the developer had disinterred human remains without proper authorization and urged the board to deny the rezoning. He stated the cemetery is maintained by volunteers and that thousands of burials are at risk.
• Grant Gill, on behalf of Protestant Shaheed Mahmood (owner of a nearby Exxon), argued that the measurement of 3,500 feet from the MARC station should be from the parcel boundary, not the station platform, and that the B-2 zone is incompatible with the area's general plan and surrounding uses. He also argued that the record lacked sufficient evidence of environmental integrity.

Discussion Items

• Disclosure Compliance: Councilmember Walsh raised concerns that the petitioner's disclosure of ownership interests ended at a second layer of LLCs without identifying individual human beings, potentially violating state public ethics law. After debate, the board decided to move forward with the case, noting that any rule changes would be addressed in a future summer work session.
• Exhibits in Exceptions: The board voted 5-0 to allow exhibits as part of the exceptions as long as they are narrowly limited to the content of the exception. However, the board later struck the Technical Staff Report (TSR) from ZB 1123 from the record, deeming it irrelevant, but accepted the maps and photographs attached to the exception.
• Hearing Examiner's Report: Hearing Examiner Joyce Nichols presented her report, recommending approval of the rezoning based on a mistake in the 2013 comprehensive zoning. She found the property is outside the 3,500-foot radius from the MARC station and that B-2 is an appropriate replacement zone. She recommended six conditions, including preservation of the remainder of the cemetery, construction of a mausoleum, and a variance for a reduced car wash setback.
• Mistake Finding and Rezoning Vote: The board first voted 5-0 to accept the hearing examiner's report. Then, on the motion to find a mistake and rezone to B-2, the vote was 3-2 (Chair Youngman, Vice Chair Rigby, Dr. Jones in favor; Councilmembers Young and Walsh opposed). The motion passed.
• Site Plan with Conditions: The board discussed and amended the conditions proposed by the hearing examiner. Key additions included: requiring SHA approval for the new signalized intersection, requiring the petitioner to provide disinterment and reinterment at its expense for any person holding a deed for a pet buried in the development area, and stating that all conditions must be met before the first use and occupancy permit. The motion to approve the site plan with these conditions passed 4-1 (Youngman, Rigby, Young, Jones in favor; Walsh opposed).
• ZB1134M - Referral to Hearing Examiner: The board considered whether to hear the case itself or refer it to the hearing examiner. Councilmember Walsh argued the case was too significant for the hearing examiner, but other members noted the lack of time before the end of their term. The motion to refer to the hearing examiner passed 4-0 (Dr. Jones absent), with the condition that hearings be held in the evening. The case was scheduled for July 15, 2026 at 5:30 p.m.

Key Outcomes

• ZB1130M: The board found a mistake in the 2013 comprehensive zoning and approved the rezoning from TOD to B-2. The site plan for a gas station, convenience store, and car wash was approved with 10 conditions (including cemetery preservation, mausoleum construction, and financial responsibility for Route 1 improvements). The variance for the 10-foot setback was granted. The order will prohibit waiver or modification of conditions.
• ZB1134M: The board voted to refer the case to the hearing examiner, with the first hearing set for July 15, 2026 at 5:30 p.m. in the evening.
• Procedure: The board agreed to schedule a summer work session to revise rules regarding disclosure of ownership interests and the handling of exhibits in exceptions.