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Board continues Riverside Townhomes appeal and related variances to March 27 after lengthy presentation and traffic questions

2311973 · February 13, 2025
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Summary

The Board of Appeals continued the de novo appeal of Planning Commission denial for the Riverside Townhomes concept site plan (ZAAP24‑0018) and the related variances to March 27, 2025, after an extended applicant presentation and detailed traffic, buffer and neighbor‑outreach discussion.

The St. Mary's County Board of Appeals continued the de novo appeal of the Planning Commission's Nov. 18, 2024 denial of concept approval for a 42‑unit townhouse project (ZAAP24‑0018, Riverside Townhomes) to March 27, 2025, at 6:30 p.m., to allow additional time for board questions and for applicant follow‑up on materials and neighbor outreach.

Staff presented that the 4.75‑acre MXM‑zoned site on Three Notch (Md. 235) in Lexington Park is proposed for 42 attached dwelling units (approximately 8.8 units per acre). Staff reported the concept submission met many technical standards in the Comprehensive Zoning Ordinance (CZO) subject to two variances: (1) removal of half of a Type B buffer along the boundary adjacent to Lot 522 and (2) a variance to remove a 75‑foot setback along a specific boundary. Staff noted the project proposes to purchase 19 Transferable Development Rights (TDRs) to meet density rules, meets the 20% minimum landscaping requirement with a proposed 25.3% landscaping cover, and proposed 92 parking spaces (the code minimum is 84).

Applicant representatives — including civil engineer Joe Kajeski, traffic engineer Michael Lenhart, and attorney Sang Oh — gave a detailed presentation. The plan proposes a single right‑in/right‑out access onto Md. 235, shoulder and sidewalk improvements along the entire frontage, multiple bioretention features and a submerged gravel wetland for stormwater management, and a type‑B buffer of roughly 65 feet along the western residential boundary as shown on the concept plan; the applicant is requesting a variance that would alter buffer requirements along a portion of the boundary adjacent to Lot 522. Staff noted forest conservation will be met partly on site and partly by fee‑in‑lieu.

Traffic was a principal area of board questioning. The applicant submitted a traffic impact study and counts, and State Highway Administration (SHA) reviewed and approved the access location. The applicant proposed pro‑rata mitigation in the form of a payment toward signalization of MD 235 at FDR Boulevard — a county priority — and proposed shoulder improvements and sidewalk connections along the frontage. Applicant traffic testimony summarized peak‑hour trip generation for the site as 19 AM peak trips (3 in / 16 out) and 24 PM peak trips (16 in / 8 out) and showed existing peak 1‑hour volumes on Md. 235 of more than 2,600 vehicles near the site. The applicant proposed a contribution (cited in the hearing as $3,500) as the pro‑rata fee in lieu for the intersection mitigation; the final fee calculation and escrow arrangement will be subject to usual timing and fee‑calculation procedures.

Multiple board members pressed the applicant on safety and the presence of school bus stops on Md. 235, on the potential to use an unimproved private 30‑foot right‑of‑way (By The Mill Road) for secondary access (applicant said ownership and unwillingness to sell removed that option), and on outreach to adjacent commercial owners (a dentist) and potentially affected neighbors. The applicant acknowledged it had not yet engaged directly with the dental office owner on screening/fencing options and confirmed additional coordination could occur prior to the continued hearing.

After extended questioning and because several board members requested more time to review documents and coordinate outstanding exhibits, the board voted to continue both the de novo appeal and the related variance application to March 27, 2025, at 6:30 p.m. The applicant consented to the continuance; staff will accept additional exhibits and the applicant will return prepared to address outstanding questions about traffic mitigation specifics, landscaping/retaining‑wall details and neighbor outreach.