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Expert says 1985 plan and 2010 update make claim that split zoning was a mistake plausible
Summary
An expert land planner testified that the split RSF-95/IE zoning at 4110 Suit Road originated from a 1985 master plan showing a roadway; the 2009–2010 transportation and subregion plans removed that road but the sectional map amendment did not change the split zoning, which the applicant calls a mistake.
Kevin Foster, a certified land planner testifying as an expert, traced the split zoning at 4110 Suit Road to a 1985 District Heights master plan that showed a roadway alignment bisecting the property. Foster said the split line followed the road centerline, with residential zoning intended as a buffer on one side and industrial on the other.
Foster testified that federal and agency referrals in the late 1990s and the 2009 countywide master plan of highways and the 2010 Subregion 4 master plan removed the proposed interchange from highway recommendations. Despite that, Foster said the 2010 sectional map amendment that implemented the 2010 master plan did not change the property's zoning. Foster and applicant counsel argued that evidence supports applying the "mistake" standard for a map amendment, while People's Zoning Counsel noted that a new appellate opinion may affect which map amendment is operative.
Foster concluded the property is more suitable for industrial reuse than for residential development because of site shape, contamination, and proximity to a military noise zone; he recommended rezoning to allow comprehensive cleanup and landscape buffers that would protect nearby residences.
