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Commission defers Colonial Square office plan after staff, public works cite FDR Boulevard mapping
Summary
The Planning Commission on May 14 deferred a concept site plan (FDR Colonial Square) after staff and Public Works said the proposed 6,720-square-foot office building would encroach on the platted FDR Boulevard right-of-way; the commission asked for additional information and deferred the matter to the second meeting in June.
The St. Mary's County Planning Commission on May 14 deferred review of concept site plan CCSP 06-13200017 (FDR Colonial Square), an application by FDR Holdings LLC for a 6,720-square-foot office building, after county planning staff and the Department of Public Works and Transportation said the proposed building and parking encroach on the mapped alignment and right-of-way for FDR Boulevard.
Staff and DPW findings: Planning staff summarized outstanding issues and said the proposed site layout "may not be feasible" because the building and associated parking intrude into the FDR Boulevard alignment depicted in the Lexington Park Development District master plan and the county transportation plan. Peggy Lewis of the Department of Public Works and Transportation told the commission the alignment is platted on adopted plans and that "we really don't believe that this site can go forward, as shown." DPW noted the alignment shown is a centerline and that additional grading, drainage and easements likely would be required.
Applicant position and legal context: Attorney John Norris, representing FDR Holdings, argued the map and alignment have varied between county publications and that there has been no final surveyed right-of-way established on the ground. Norris cited case law addressing when a mapping or zoning restriction might amount to a taking and said the county had made an offer to purchase part of the property but had not completed condemnation. The applicant said water and sewer designations (S1/W1) exist and that site technical issues could be resolved on final site plan if the concept were approved.
Budget and implementation context: Staff and an applicant representative discussed county capital program allocations; the applicant noted the county's budget for FDR Boulevard included about $800,000 (with roughly $500,000 identified for land acquisition in the applicant's account of the budget line), and DPW said phases and property acquisitions are being pursued as funding allows.
Outcome: Commissioner Wazley moved to defer the Colonial Square concept plan to the commission's second June meeting; the motion was seconded by Commissioner Thompson and carried. Staff was asked to provide additional clarification about the mapping, the legal and procedural background, and budget/implementation schedules for FDR Boulevard prior to the next hearing.
Ending note: Commissioners requested a written memorandum from the applicant outlining the legal arguments cited, and asked staff to provide documentation of mapping history, acquisition status and budget detail to clarify when and how the roadway alignment became mapped and what rights the county holds.
