Community Issues

Commercial Development in Fork

As a part of CZMP 2012, 4.9 acres on the southeast corner of Sunshine Ave and Harford Rd was rezoned from RC6 to BL CR. Of course, this will now allow commercial development.

A little history - Past uses have left a legacy of contamination to the extent that at least one neighbor was required to install special filters on their well. In a hearing in 1999 for a Special Exception for a gas station and convenience store, the nearby residents prevailed and the request was denied. The zoning history in 2000, 2004, and 2008 has bounced back and forth, as the owner and several community associations tugged at the County Councilman to up- or down-zone the property. In 2008. the entire 24.4 acre parcel was rezoned RC6, pretty much eliminating any possibility for development, even houses.

In 2012, the owner requested to change 4.9 acres to BL CR and 19.5 acres to RC5 (which would allow probably 7 houses). The BL CR was granted, but not the RC5. That provides a business opportunity fronting on Harford Rd, with enough space for a strip shopping plaza and sufficient parking.

Community members opposed the upzoning to BL, using the existing contamination as their main argument. In fact, with the strict laws regarding development of contaminated properties, this would be the only way to clean up the site, and perhaps save the neighbors' wells. A reasoned approach may have succeeded in limiting the amount upzoned to BL to 3 acres, which is the amount that had previously been BL, and allowed the community to be on friendlier terms with the owner in order to have some say in the inevitably development. Instead, they have likely been shut out of any meaningful input into any development plans and there will likely be a multi-year, protracted battle over this matter, costing both sides large amounts of money. As a nearby businessman said, when dealing with this sort of issue, "the train will always leave the station". Community efforts may slow it or effect small changes, but they are unlikely to have any major impact.

This has again been put into CZMP 2016 by the owner. More info.

It is important to decide what can be fought and what cannot be. It should be accepted that a commercial use will happen here and efforts should be to work cooperatively with the owner to ensure that it is a good one. Some points that should be considered and included into any agreement:

• No 24-hour operation. There needs to be an agreed operating time limit for any business, such as 6AM-11PM.
• Strict limits on signage (generally within what the Code allows, with a solid promise to abide by it). Absolutely no flashing window signs, portable signs, or "temporary" banners.
• Limits on types of businesses that will be allowed. Not all allowed by BL zoning may be acceptable. Prohibit any use that would require a Special Exception (no automotive service, gas station, car wash, drive-in restaurant, cell tower, etc.).
• No used vehicle sales, no matter what the principal use is.
• No neighborhood car-rental agency.
• No outdoor display of goods or temporary pit-beef stand, crab sales, flower sales, etc.
• No commercial vehicle parking in front parking lot along roadway (often used for advertising).
• Large buffer on south end between business and residential area.