Planning commission backs rezoning, concept plan for Pax River Village Center; townhomes approval contingent on county sign-off

The St. Mary's County Planning Commission on May 5 recommended that county commissioners rezone portions of the Pax River Village Center outside the Air Installations Compatible Use Zones (AICUZ/APZ) from Limited Commercial/Industrial (LCI) and Mixed‑Use Medium (MXM) to Mixed‑Use High (MXH), and conditionally approved a concept site plan for a 91‑unit townhouse development pending that rezoning.

The recommendation on the map amendment passed on a 4‑3 roll call; the concept site plan vote was 6‑1 in favor with the conditions that required any state or county road improvements be concurrent with issuance of certificates of occupancy and that the commissioners adopt the requested map amendments before final site-plan approval.

The change affects four parcels, which developer Atlantic Realty says total about 25 acres and sit along MD‑235 (3 Notch Road), FDR Boulevard and North Shangri La in Lexington Park, near Gate 2 of NAS Patuxent River. Atlantic Realty president David Ross told the commission the company demolished roughly 90,000 square feet of dated buildings and has invested about $45 million in phase 1 of the redevelopment, including a new ALDI and facade/site upgrades. Attorney Chris Longmore, representing the applicant, said the rezoning request applies only to the portions of the properties outside the AICUZ/APZ line.

Why it matters: The applicant seeks the MXH designation to allow the housing density and mix of uses shown on the concept plan and to match adjacent parcels already zoned MXH. Under the MXM and MXH rules cited in the hearing, base densities and the ability to add units with transfer‑of‑development‑rights (TDRs) differ: participants noted MXM typically allows up to 5 dwelling units per acre (to 25 with TDRs) while MXH starts at 7 dwelling units per acre (to 30 with TDRs). For the proposed 91 townhomes the concept-plan materials list a project density of 9.61 dwellings per acre and say 25 TDRs would be required.

What the commission decided and why: Planning staff recommended approval of both the map amendment recommendation and the concept site plan (the latter as contingent on the commissioners adopting the map amendment). Commissioners who voted yes said the area has seen substantial change since the Lexington Park development plan and the county comprehensive plan were last adopted, pointing to phase‑1 redevelopment, new retail and streetscape improvements on the corridor. Commissioners who voted no said they were concerned about housing next to the AICUZ/APZ and urged caution while the Navy updates its AICUZ study.

Navy concerns and timing: Hannah Pieske, community planning liaison officer at NAS Patuxent River, told the commission the Navy “does not support any rezoning under the APZs or the AICUZs” because increased density can allow uses that conflict with Navy guidance (OPNAV guidance was cited). Pieske said the base will begin an updated AICUZ study in June that may run six to nine months and could change APZ/AICUZ lines. Planning staff and the applicant repeatedly emphasized the rezoning request covers only land outside the current AICUZ/APZ lines; Pieske warned those lines are under review and could shift.

Legal/implementation limits: County Deputy Attorney John Sterling Hauser explained how state law affects project timing: under current Maryland practice an applicant’s right to proceed is not guaranteed until a valid building permit is issued and foundation work has begun; a subsequent legislative change adopted by county commissioners before construction begins could render new development nonconforming. Hauser said that, in practice, if the commissioners later adopt revised AICUZ/APZ lines any uses brought within the new APZs could become legally nonconforming and subject to limitations on expansion.

Project design, public facilities and mitigation: COA Barrett engineer Joe Kojewski and traffic consultant Michael Lenhart presented the concept site plan and technical reviews. Staff and reviewing agencies found the proposal’s circulation, parking and utilities serviceable: the traffic analysis reviewed by State Highway and the county showed study intersections operating at Level‑of‑Service A, the applicant’s plan provides 2 parking spaces per unit (182 spaces for 91 townhomes) and METCOM indicated available water and sewer capacity. The concept plan shows 54,025 square feet of on‑site common open space and proposes to count Nicollet Park (across FDR Boulevard) toward the open‑space mix; the materials say the project will reduce impervious area by about 40,000 square feet compared with the current extensive parking lot.

Public comment and local support: Local residents who testified at the hearing and written commenters largely supported the redevelopment and the housing, saying it would help revitalize Lexington Park, add walkable housing near retail and provide daycare and other amenities that could aid base employees. The record includes letters of support from community organizations and a letter from retired Rear Admiral Bert Johnson expressing support for the project and saying AICUZ constraints should not prevent redevelopment. Some commissioners and the Navy emphasized that although redevelopment can support the base by providing proximate housing and services, the pending AICUZ update is an important input the county may consider when it acts.

What moves next: The planning commission’s recommendation and the staff record will be transmitted to the County Commissioners of St. Mary’s County, who hold the final authority over comprehensive‑plan and zoning map amendments. The commission’s concept‑site‑plan approval is conditioned on the commissioners adopting the requested land‑use and zoning changes; site‑plan and construction approvals would follow county permitting processes and any required building permits.

Details and remaining issues: The applicant’s materials list 91 townhouse units, TDR need of 25, a minimum required landscaping of 15% (the applicant proposes over 25% on site), and a required minimum of 200 square feet of usable open space per unit (the applicant proposes a combination of private decks/patios and common open areas plus access to Nicollet Park). Navy guidance documents and a 2022 aircraft‑noise report were discussed; the applicant’s engineers presented maps showing the townhouse lots lie outside the most recent 65‑dB noise contour. Washington Gas flagged a possible conflict with a gas main that may require relocation; the applicant said that would be addressed at detailed site plan.

Commissioners and staff noted the proposal aims to cluster new residential uses outside the AICUZ while preserving the portions of the property inside the AICUZ for lower‑occupancy uses, a strategy cited in the Lexington Park Development District plan and in Navy compatibility guidance. Supporters urged the commission and county to sustain the redevelopment momentum; opponents and Navy staff urged caution until the upcoming AICUZ update is complete.

The Planning Commission made no final land‑use change tonight; it forwarded a recommendation to the County Commissioners and gave conditional concept‑site‑plan approval. The County Commissioners must accept or reject the zoning and map amendment before the project can proceed to final site plan and permitting.