Planning commission approves removal of 55+ restriction and preliminary plan for McKay Estates subdivision

The St. Mary's County Planning Commission on Nov. 24 approved a request to remove a recorded occupancy restriction limiting certain lots in the McKay Estate subdivision to occupants aged 55 and older, and granted preliminary approval for three detached single‑family lots.

Bob Bowles, Department of Land Use and Growth Management staff, summarized the application and staff analysis: the property is a resubdivision of an existing family conveyance subdivision situated in the Rural Preservation District; staff found the proposal consistent with the comprehensive plan, subdivision design standards and the county’s Annual Growth Policy and recommended approval provided the required adequate public facilities findings and plan details are addressed.

Robert Troutman, the applicants’ surveyor and agent, said the three lots in question (identified as plats 5B, 7B and 8B in the record presented to the commission) had been deeded within the family and had not been sold to outside purchasers; he told the commission there was never an intent to market the lots as a 55‑and‑older community but family conveyance procedures led to the recorded note restricting occupancy.

Commissioner Evans moved the motion to permit removal of general note 31 (the 55+ restriction) from plat reference cited in the staff packet and to approve the preliminary subdivision plan; Commissioner Thompson seconded. The motion carried by voice vote; Commissioner McNeil recorded an abstention.

The planning director’s report will be attached to the record; final plan recordation and removal of the restriction will occur after the director’s administrative findings and signatures are completed and after recording of the confirmatory plat.