Following a rancorous public meeting where Wal-Mart officials unveiled plans to close their Abingdon store and build a Supercenter near Plumtree Rd. in Bel Air, Harford County Executive David Craig entered the fray, echoing public concerns about traffic and offering to help the company find ways to expand at the Abindgon site. Because Supercenters sell groceries, Wal-Mart officials told Craig that one of the stumbling blocks to staying in Abingdon was a restriction on the sale of groceries at that location. But the grocery restriction may not be carved in stone.
Designed to limit competition, the grocery restriction stems from a covenant in the deed to land near the Abingdon Wal-Mart that was purchased in 1988 by Constant Limited Partnership and later developed as Constant Friendship Shopping Center.
Constant Limited Partnership secured a covenant with the seller, Emmorton Venture, to limit the sale of groceries on other land in the area that Emmorton Venture also owned, including the parcel later purchased by Wal-Mart. The restriction limits the sale of groceries to 5,000 sq.ft. of floor space for 30 years from the date of the deed. But the 30-year grocery restriction, which expires in 2018, seems to have outlived its purpose because the Weis Markets grocery store that once anchored the Constant Friendship Shopping Center has since been replaced by non-grocery retailers, DSW and HomeGoods.
Industry sources disagree about whether or not the grocery restriction would be enforceable under the circumstances. Regardless, the restriction is currently of little use to Constant Limited Partnership and with the expiration date only six years away, might Constant Limited Partnership and Wal-Mart come to terms on a waiver?
Donald Goldman, general partner of Constant Limited Partnership and a principal of Brooks & Goldman Realty LLP in Reisterstown, told The Dagger that Wal-Mart and Harford County officials had been in touch regarding the grocery restriction, but no agreement had been reached as of early August. Goldman wrote in an August 3rd email:
“We have had discussions with Harford County officials and Wal Mart representatives to discuss a resolution. We are open to future discussions.”
County Executive Craig said on Monday that he was investigating whether the restriction may have somehow already expired, but he also said that further discussions with Goldman were planned.
Whither Wal-Mart?
When asked about the factors limiting a store expansion at the Abingdon site and whether the decision to relocate to Bel Air might be reconsidered in light of Craig’s involvement, Wal-Mart officials did not provide a response. However, a company representative at the community meeting in July cited the location of storm water management and other physical restraints at the Abingdon site, along with grocery sales, as being among the factors in the company’s decision to move.
Wal-Mart is under no obligation to publicly disclose the reasons for their move and as County Executive Craig and other county officials have noted, the zoning at the Plumtree site allows Wal-Mart to operate at that location.
As for what may happen to Wal-Mart’s Abingdon site, company officials said at the community meeting that options would be explored once the move to Bel Air was assured. It is worth noting, however, that the company’s plans in Abingdon once included both a Wal-Mart store and a Sam’s Club, according to court records. Speculation about a possible Bass Pro Shop moving to the Abingdon Wal-Mart site could not be confirmed with either company.
Should plans proceed to build the Wal-Mart Supercenter in Bel Air, the next steps include submission by the company of a traffic study and site plan to the Harford County Department of Planning and Zoning. As of Tuesday, August 14th, neither had been received, according to Shane Grimm, county chief of the Board of Appeals and Site Plan Review.
Below is a copy of the 1988 deed with the covenant containing the grocery restriction.
Seemed obvious to me from the start that Walmart has the muscle to “adjust” any restrictions in its deed, especially ones so old. I’m sure they just want to move to a new building. I’m happy to see that county exec on the side of the people.
The county executive is only on his own side.
Bel Air doesn’t need this. Take some of of the traffic out of Bel Air. I personally have no problem driving to Fallston or Aberdeen to shop at the Super Center. If anyone “needs” this, it would be northern Harford County.
No that’s quite alright. Most of us in the Northen part don’t mind traveling to where the current Walmarts are located. Shrewsberry PA, or Fallston works just fine.
I third that motion – we’ve got plenty of retail already and I don’t mind going to the retail set aside areas to shop. A little less convenience for a little more open space and livability is a fair trade.
Who cares….you people need to focus your attentions on more relevant things. Each and every one of you will shop there wherever it may be located.
The location is zone for the use, so what is the big deal?
The crying over nothing is ridiculous.
Move to Northern Harford County if you want to live in a remote area. Bel Air is not what you want it to be. Look around. All I see are other businesses and houses. Do you see anything different?
Go hug a tree if it will make you feel better.
The county exec is a coward politician who shifts with the political wind.
Losers…..
Don’t be so sure that those complaining do or will shop at Walmart.
If you feel so strongly about it Paul, why don’t you move to Baltimore City, where you can live up to the new sustainability goals. Don’t forget to sell your car, and buy a bunch of bus tokens. And plant your 2′ by 2′ garden on the balcony, do your part… The people of this county have a right to make a big deal out of any issue they want. And many of the families in the Bel Air area moved there long before the build up of Route 1 and Route 24.
Again folks why where you not doing the complaining when the rezoning was done. They can move there, it is zoned for that…..get over it. To restrict it or suggest they should wait for the deed restriction toexpire is against free market capitalism.
I am assuming you live near the other Walmart in Abingdon and just want it out of there. Is that about right? How many Super Walmarts are accessing all their entries from a 2 lane road that already is carrying more traffic than it was ever made for and in middle of residential neighborhood? The traffic will go through those areas and come back out right by Patterson Mill and the fire department. Patterson Mill has 4 drop off times not 2. Kids that live in adjoining neighborhoods have to walk on 924 to get there through the proposed light. There is no designated walkway through Bright Oaks either. You really think that is a good idea? Think some politicians really screwed this up – pure and simple not the residents.
I do live near it but do not just want it out of there. The other target, BJ’s, Loew’s, and a movie theater along with Chik-Filet are all still there!
I hate Wal-Mart. I’m not worried about the traffic as much as the crime. Wal-Marts attract trash. Build more Targets. Have never seen a “people of target” website.
I shop at Walmart five times a week, and I’m in a Target maybe once a month. I guess I’m that “trash” that Walmart attracts. Thanks.
5 times a week is a little much isn’t it? No wonder the roads are crowded. But, like you, I might also be the ‘trash’ that someone is referring to. I go to Walmart once in a while and I will continue to go.
Walmart has a right to build the store on Plumtree and they will do it. For anyone who doesn’t like it I say ‘too bad’ and stop whining. Next time pay attention to zoning.
I disagree on this point. Stopping the zoning change would have prevented the possibility of a Walmart, but it also would have prevented a lot of other things. Even the zoning is not really the problem at this point. It’s a flawed plan they came up with and presented to the community, coupled with the fact that we are talking about Walmart, which is going to draw considerably higher amounts of traffic than many of the other acceptable zoned uses. If it wasn’t a Walmart SUPERcenter, maybe it wouldn’t be such a big deal, or if it was a good development plan they came up with, it wouldn’t be such a problem.
It’s both of these things that make it a disaster and unacceptable, in my opinion.
ABLLS….
I totally agree. I go to Walmart ONLY when Target, Courtland, Lowe’s, Home Depot or Amazon.com don’t carry what we need. 924 is totally congested. NO need to move it.
@ablls
Who cares what stores you like or don’t like.
Walmart doesn’t need your permission to build on its properly zoned land.
It seems WalMart is using some shady scare tactics. They had set up tables with petitions to support the move to Bel Air. Why? They are telling people the Constant Friendship store is closing, as if that will happen if they don’t get the BelAir site. My guess is they will file those petitions of “support” with documentation for the DAC hearing.
Anyone that supports the proposed location does not understand the massive impacts to not only the immediate area, but surrounding areas and beyond.
Yes Walmart is openly and transparently being “shady”.
They dare to set up tables and get people to voluntarily sign petitions in support of their project. How could they?
You know Walmart has rights. Walmart has followed the law and the land is theirs to do with as they please under the current zoning.
So all you selfish idiots who want your rights respected need to respect Walmart’s rights as well.
Having listened to an analysis of Walmart via radio programming particularly concerning produce…Walmart produce/grocery costs and what they charge you are actually higher than local stores would be. Why? Because you can’t very well build a million in China when you’re talking about string beans. This whole Wal Mart needs, or wants, or it’s some kind of benefit for citizens is total BS.
It’s noteworthy that market analysis has just determined that Target, and not Walmart, has the lowest prices. Google it, this was just in the news the last couple days.
Granted, it was by a mere 46 cents per $100, but still, it does show the “myth” of Walmart’s low prices.
I don’t even necessarily think a race to the bottom on prices is a good thing, but it’s interesting news.
For those who don;t want the Walmart:
FYI- Comprehensive zoning is done every eight years BUT the county executive can initiate it at any time.
Craig can stop ithe Walmart by changing the zoning.
“FYI- Comprehensive zoning is done every eight years BUT the county executive can initiate it at any time.”
This is true.
“Craig can stop ithe Walmart by changing the zoning.”
This is probably not true, because Walmart will have started the development process before the county can complete the zoning process and it likely would not impact them– or at the very least, they will take it to court, and again, probably win.
Wal-Mart status update: http://www.daggerpress.com/2012/09/10/councilman-mcmahan-wal-mart-submits-forest-delineation-report-but-no-site-plan-or-traffic-analysis-yet-for-review/