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Board of Appeals approves remanded FDR Boulevard-area concept plan for office building in Lexington Park
Summary
After a circuit-court remand, the St. Mary's County Board of Appeals found the FDR Holdings concept site plan consistent with county plans and approved concept site plan 06-132-017 for an office building in Lexington Park, excluding consideration of an unconstrained FDR Boulevard alignment per the court opinion.
The St. Mary's County Board of Appeals on Dec. 11 approved concept site plan 06-132-017 for an office building on a parcel at 21975 FDR Boulevard in Lexington Park after a circuit-court remand that instructed the board to reexamine the Planning Commission denial.
The board's proceedings opened with staff reading the circuit court opinion of the Honorable C. Clark Raley, which held the board erred when it denied the concept plan based in part on consideration of an unlimited, unconstrained proposed alignment for FDR Boulevard that could not properly form the basis for denial. Staff advised the board the court ordered the matter returned for further proceedings consistent with that opinion.
County staff told the board that, excluding consideration of an unconstrained FDR alignment, the site plan met the standard findings required for concept approval under Section 60.5 of the St. Mary's County Comprehensive Zoning Ordinance. Staff noted the parcel is zoned Downtown Core Mixed Use (DMX) and located within the Lexington Park Development District, and said the plan otherwise met findings related to public facilities and design objectives.
Attorney John Norris, representing the applicant FDR Holdings LLC and the property owners (the Benefields), argued the record supports findings that the proposal is consistent with the comprehensive plan and applicable functional plans and noted the property's DMX zoning and location in the Lexington Park Development District as relevant factors.
The board made the required findings (paraphrasing the staff report) that the proposed development is consistent with the comprehensive plan and applicable functional plans, may be served by adequate public facilities, and otherwise promotes the public health, safety and welfare. The board approved the concept site plan consistent with the court's instructions and directed staff to prepare an order reflecting those findings. The board noted that the planning commission's earlier denial was the subject of the court remand and that the order will reflect the court's opinion.
The board's order will be prepared, signed and mailed to parties within 60 days; a 30-day appeal period follows the order's date of signature.
