Riverside Townhomes Appealed
Public Hearing on February 13th
Plans for Riverside Townhomes and Tidal Wave
Riverside Townhomes, a proposed 42-unit development just north of the Route 235/4 intersection, was denied by the Planning Commission (PC) in November 2024 over traffic and safety concerns. The plan will now go before the Board of Appeals (BOA) on Thursday. An appeal filed by attorney Sang Oh on behalf of the applicant LAHACO Investments LLC and developer COA Barrett LLC says the denial “substantially impact[s] Appellant’s property rights.” Further, the PC’s decision “based on generalized future traffic concerns, rather than on the specific standards of mitigation” wasn’t within the appropriate purview of the PC “at this phase of the review process.”
Similar language appeared in the recent appeal for Tidal Wave Auto Spa, which was also denied by the PC over traffic concerns. Traffic impacts are considered as part of Adequate Public Facilities (APF). According to the St. Mary’s County Comprehensive Zoning Ordinance (CZO), the decision about APF rests with the Planning Director at the time of major/final site plan review. This is why, despite legitimate concerns from the public and the PC members, the appeal’s argument has merit. Tidal Wave Auto Spa will have a hearing before the BOA on February 27th.
Riverside Townhomes also require two variances to remove or shrink buffer yards bordering neighboring properties. One of those shared borders is with a portion of the Tidal Wave property. The plan counts wooded buffer areas and the grassy area along 235 as open space, and shows two “mini-parks” for use by residents of the development. Recreational amenities are often shown on plans but are usually installed towards the end of construction, if at all. There is nothing in the CZO specifying requirements for amenity installation.
Rendering from planning documents, titles added.
Parking is provided with two spaces per unit–one driveway and one garage. Only two spaces are required by the CZO, and approval is needed to provide the proposed 4 additional spaces for guest parking. Estimates predict 9 elementary, 4 middle, and 6 high school students living here, and the bus stop for all three levels is planned at the entrance of the neighborhood, on the shoulder of Route 235.
A fee-in-lieu (FIL) payment of $3500 towards a light at FDR Blvd/Route 235/By the Mill Way is suggested as mitigation for traffic concerns. FIL’s are an agreement between the developer and the county for the developer to pay a certain amount rather than having to fix traffic issues. This is only allowed in situations, like the 235/4 intersection, where other factors have long contributed to traffic problems.
Appeals cases are heard “de novo,” or with a new record. It’s essentially a do-over, where the testimony and concerns voiced during the PC’s hearing are not considered. A public hearing will be held for the appeal, and for the variances requested on February 27, 6:30PM, at 41770 Baldridge St. in Leonardtown. If you cannot attend, email your comments to Sherrie.Young@stmaryscountymd.gov. If you have previously spoken or written comments you will need to submit them again.
Past Coverage: PC Denies Riverside Townhomes
