[0:30] From to the August 17th, 2026 Charles County Planning Commission meeting, and we'll get started. So Amy, what is the first item?

[0:38] The first item on the agenda is to take a roll call of the members' presence when I state your name, please answer by saying, present.

[0:46] I'm Samaya Hackett.

[0:47] Present.

[0:48] Jeffrey Bossert.

[0:50] Present.

[0:51] Kevin Wedding.

[0:52] Present.

[0:52] Ryan Secretary Tarsky.

[0:54] Denard Earl.

[0:56] Present.

[0:57] And Britt Tokyo is having some technical difficulties if she happens to show up, we will

[1:05] note the time that she's enjoying us.

[1:08] Okay.

[1:08] Sounds fair enough.

[1:09] Next item.

[1:10] Next item on the agenda is approval of the agenda.

[1:13] Okay.

[1:14] Hopefully everyone has had an opportunity to look over the agenda and I would entertain a motion

[1:19] to accept.

[1:28] Okay, we have a motion to accept.

[1:30] We have a second.

[1:32] Any discussion on favor signify by saying aye?

[1:39] Opposed.

[1:40] Okay, agenda is approved.

[1:42] Next item.

[1:43] The next item on the agenda is approval of the July 20th, 2026 minutes.

[1:49] Okay, so we have July 2026 meeting minutes along with the summary of Plan Commission decisions.

[1:56] So I would entertain a motion to accept that.

[2:02] Mr. Chair, I'm making motion to approve the July 26th minute as president.

[2:10] Okay. And that would be along with the summary of the planning commission decisions.

[2:15] Yes.

[2:15] Okay.

[2:16] Okay. So we have a motion.

[2:17] Do we have a second?

[2:18] Second.

[2:20] Any discussion?

[2:21] Mr. Chair, I like to excuse myself from the votes.

[2:23] That wasn't here.

[2:24] Okay.

[2:26] That would be Ryan.

[2:28] So, any other discussion on favor signify by saying aye?

[2:34] Aye.

[2:36] Opposed?

[2:37] Motion carries.

[2:39] I'm going to accept it.

[2:40] Next item.

[2:41] The next item was approval of the August 3rd, 2026 minutes.

[2:46] However, we don't have a quorum of members that were present for that meeting.

[2:49] So, we will defer those to the next meeting.

[2:52] Okay.

[2:52] If Rich does appear, then maybe we'll bring that back so we can put that in the review mirror.

[3:00] Okay, next item.

[3:01] Next item is chairperson's comments.

[3:03] Do you have any comments this evening Mr. Wedding?

[3:06] Chairperson has no comments right now.

[3:09] I may defer that to new business.

[3:13] Thank you.

[3:16] Next item on the agenda is personal appearances.

[3:19] Miss Kelly, did anybody sign up for personal appearances?

[3:22] Mr.

[3:27] Hydo-Balk is waving his hand, I think he signed up.

[3:32] Sure,

[3:45] okay, when I hit.

[3:47] Okay, my name is David Hydo-Balk.

[3:49] I live in Charlotte Hall, and I'm going to start off with something you'd probably

[3:53] have to hear a lot before we should hear more.

[3:55] I want to commend the commission for the last meeting and the questions you asked

[4:00] when getting into Docket 90 and what kind of visibility and control you had there.

[4:05] I thought that you were very diligent and pursuing finding out exactly what was going on.

[4:13] And I'm going to kind of circle around the Billingsley Road project again just to kind of reinforce what I feel is the importance on that.

[4:23] One thing that PGM represented was that there was a real estate ad that was on the internet that was advertising a potential data center.

[4:32] And the statement was made that, unfortunately, people have taken that and run with it as if something was already in development.

[4:40] Well, by, it was one of the ones who took it and ran with it.

[4:45] N-A-I-Michael is the commercial realtor and they're fairly significant realtor in Prince George's county.

[4:53] I believe they're in Largo, and you people are all business people, and I think it's just

[5:00] very hard to envision that a commercial realtor would put that out on their website as

[5:08] available with quite a bit of information about both the property and what seemingly it had

[5:14] been done prior to that. It was stated that it was ready for immediate development, that initial

[5:20] feasibility analysis in master plan were complete.

[5:28] I don't know, maybe I just don't know

[5:29] the real estate business, but I think that it's extremely unlikely that they would put that

[5:36] out there with the kind of each ill that they had in addition to that without there being something

[5:40] going on of some significance. And I think that all of you know where that property is and what the

[5:49] back would be and oh my time's district fast. Some of the things that we're

[5:55] stated about that that the they Mr. Scott State they never seen data centers

[6:02] is industrial and I really think that it's critical for the planning

[6:08] commission to understand what is going on there because even if you don't have

[6:12] control over the development within Doc at 90 there are going to be plenty of

[6:19] GTAs and other requests coming for your approval for properties that are within close proximity

[6:25] to that property.

[6:26] And this will have an enormous impact on it.

[6:29] So you need to know what is going on there in order to make decisions about other properties

[6:36] that you do have control over.

[6:39] And that's

[6:42] really the basis of my personal appearance for today.

[6:46] Thank you very much.

[6:47] Thank you.

[6:48] Thank you, Mr. Hardawak.

[6:54] The next item on the agenda for this evening is item 7A, the

[6:57] Lige of what a Glen neighborhood for Parklands, Phase 10,

[7:01] Parcel M, Site Development Plan, STP 26006.

[7:08] It's being presented this evening by Ms. Tachiana Anderson.

[7:25] Good evening, Planning Commission.

[7:26] Members. My name is Tachiana Anderson and I am a

[7:29] with the Planning Division, tonight I am presenting for your consideration, a request to approve

[7:36] STP-260-006, Parklands, Neighborhood, Facetin, Parasal M for Consistency, with the approved

[7:46] Village of Wooded Glen and Piny Reach Master Plan for St. Charles communities.

[7:59] It's

[7:59] This request is to approve the site development for townhouses and deplexes in its current configuration.

[8:07] The applicant is requesting approval of the site development plan for a parcel M for the parklands neighborhood and its current configuration for 88 townhomes, units and for deplexes consistent with the parklands neighborhood preliminary subdivision plan.

[8:23] Again, that number is PL, REV-250-002, which was approved by the Planning Commission on December 1 to 2025.

[8:33] The original preliminary plan, PSP-19-001 was approved by the Planning Commission on November 4, 2019.

[8:43] In accordance with the site development plan definition provided within the revised and recated back at 90 order,

[8:49] Detailed design plan required for multi-family, tone homes, and commercial development site development plans are required to be approved by the Planning Commission.

[9:00] Board clerk, when you get a chance, can you share the location, zoning, aerial and adjacent property maps on the screen?

[9:06] Thank you.

[9:07] Thank you.

[9:09] These maps will include it in the staff report as appendices.

[9:13] Here's your aerial,

[9:17] zoning,

[9:22] and we do have the site plan available if we need to.

[9:25] Thank you.

[9:26] Looks right.

[9:27] This application for Parkland's Neighborhood for 88 town homes and 4 duplexes includes 46.6

[9:33] 3 acres of land on the corner of Hot Springs Court and Everglades Drive in the Wittigland

[9:38] Neighborhood.

[9:38] The neighborhood is accessed via Everglades Drive and is identified as part of Parcel 1 found

[9:45] on Tax Map 24 in the 6th and Election, excuse me, 6th and 8th Election districts.

[9:50] The Parkland neighborhood is the fourth neighborhood in the village of Woodickland.

[9:56] The Parkland neighborhood is included within the villages of Woodickland and Piny Beach,

[10:00] Master Plan for the St. Charles Plan Unit Development.

[10:03] Specifically, it is shown on the Master Plan as Woodickland neighborhood form.

[10:08] The subject property is located within the Plan Unit Development zoning district,

[10:12] the development district and the priority funding area.

[10:15] The proposed land use within this parcel consists of town homes use code 3.0 to .200 and doplex is use code number 3.0 to .100.

[10:29] Or can you go ahead and show that site development plan? Thank you.

[10:34] More specifically, again, there are 88 town homes and four doplexes, and this is consistent with the Parklands neighborhood preliminary subdivision plan.

[10:42] approved by the Planning Commission on December 1st, 2025 and the original

[10:47] preliminary plan with approved and 2019.

[10:52] Okay, I think that's all I have and should the Planning Commission

[10:56] decide to approve this request?

[10:58] Staff recommends that you with the conditions was to the staff report.

[11:02] And I'm here if you have any questions for me.

[11:04] Thank you very much.

[11:05] Do we have any questions for staff from Planning Commission members?

[11:15] No questions.

[11:18] Mr. Wedding, this one is open to public comment. We do have one member of the public signed up to speak.

[11:24] Okay. Mr. Hyde O'Bock, if you'd like to come up,

[11:33] and you may be hit.

[11:35] Um, okay. I'm still David Halbach, still Louis Charlotte Hall, and I don't really have one thing with this.

[11:40] This is a docket 90 area here. And I was kind of interested in the this on the site development plans are required to be approved by the Planning Commission.

[11:54] And I know there's some concern about the lack of any real control, about docket-90 properties.

[12:02] And this seems like it could be a way to get some control if I'm not probably not

[12:11] talking about this specific property because I haven't really looked at it.

[12:14] But if things come down the pike that you have serious problems with, why would you need

[12:26] to approve the site development plan?

[12:28] I know it's kind of hardball type thing, but I think that with the forces you're dealing

[12:33] with, you may want to think about using cards if you have them before.

[12:38] And that's it.

[12:39] Thank you.

[12:48] Okay.

[12:48] Thank you.

[12:49] Thank you, Mr. Hydo.

[12:53] Do we have any questions of staff?

[12:57] So we can certainly bring the applicant up.

[12:59] If there's any questions or from the planning commission members.

[13:17] Good evening.

[13:17] Commission members.

[13:18] The response.

[13:19] As far as engineering here, we're representing the North of the scene.

[13:23] And Patrick Lackerly with Sultas,

[13:25] Engineer of Record.

[13:26] Okay.

[13:28] Do we have any questions of the applicants?

[13:31] Jeff.

[13:32] Mr. Chairman.

[13:33] Just a simple question.

[13:34] So I see the minimum square foot footage for the facilities for the buildings, you know,

[13:42] see the criteria of the 1250, the 1450, 1650 and so on.

[13:49] So I guess one of the two questions then, one is, what's the ability for especially the smaller units,

[14:00] maybe the 1450 is to be affordable housing.

[14:05] Are you guys planning on doing any affordable housing

[14:08] for any of these?

[14:11] This community, no.

[14:12] We did all the costs that are built in to the community

[14:16] from the very beginning.

[14:18] There's no opportunity to do anything

[14:20] specifically affordable.

[14:21] They're upcoming neighborhoods.

[14:24] We're proposing smaller products, more affordable products.

[14:26] We're requesting architectural waivers to try to minimize those costs

[14:30] But here I mean this is a market rate high end the clubhouse itself is seven and a half million dollars

[14:37] So everyone's paying association do so shady with keeping everything well maintained

[14:42] So to answer your question, we have in this particular community we have no opportunity to do any affordable housing

[14:50] Okay, so

[14:51] Then I my assumption is is that the

[14:55] 25% criteria shouldn't be a problem

[15:07] Any other questions?

[15:11] Okay, so we have before us to staff report recommends approval, so I'm looking for a motion to approve the site development plan.

[15:17] We're the Villages of Wooded Glenn neighborhood for Parkland's phase 10, parcel B, parcel M,

[15:24] STP-26006, as presented, and recommend to the county commissioners for approval.

[15:34] Mr. Chairman, I'll make a motion to recommend approval of the like-development plan,

[15:40] to ask 2-6-0-0-0-0-6.

[15:44] Okay, have a motion.

[15:45] We have a second.

[15:46] Mr. Wedding.

[15:47] Could we amend that motion?

[15:49] Please, this item does not need to be forwarded to the county commissioners for approval.

[15:53] You're strictly approving or disapproving it.

[15:55] Sorry.

[15:56] Okay.

[15:58] So, recommend for approval by staff.

[16:00] So, all right.

[16:01] So, I will amend the motion to approve SPP-2-6-0-0-0-0-0-0-6.

[16:11] Okay, we have a motion. We have a second, we have a second. Any discussion? All in favor, signify

[16:18] for saying aye. Aye. Aye.

[16:23] Opposed. Okay, motion carries.

[16:29] Next slide, thank you.

[16:32] The next item on the agenda is item 7B, the illegitimate of Woodigland, neighborhood four parklands,

[16:38] Phase 9, parcels Q and R1, site development plan, STP 2060404.

[16:46] This one is also being presented this evening by Ms. Tatiana Anderson.

[16:52] Good evening, Glenn Commission members.

[16:54] Again, my name is Touchanne Anderson.

[16:56] I'm a planner with a planning division.

[16:58] Tonight I'm presenting to you a consideration in approval.

[17:02] We request for approval for SBB 260404.

[17:06] Parklands neighborhood base nine.

[17:09] Parkals was two and our one for assistance.

[17:12] We would be approved, we would be approved, we would be approved.

[17:15] We would be approved, we would be approved.

[17:16] We would be approved, we would be approved.

[17:17] Thank you for eliminating Plan P out, our EV 250-002 and back at 90.

[17:25] This request is to approve the site development plan for town homes and its current configuration.

[17:31] The applicant is requesting approval of the site development plan for parcels Q and R1 for parklands neighborhood and its current configuration for 36 town home units.

[17:41] Consistent with the Parklands neighborhood preliminary subdivision plan, PL-REV 2502, which was approved by the Planning Commission on December 1st, 2025.

[17:52] The original preliminary plan, PSP-19001 was approved by the Planning Commission on November 4, 2021.

[17:59] excuse me, not 29, 2019, and accordance with the side development plan, the definition provided

[18:07] within the revised and we stated that in 90 order detailed design plan required for multi-family,

[18:14] town-home, and commercial development. Side development plans are required to be approved by the

[18:19] planning commission. Board clerk and your able can you show the location zoning area and any adjacent

[18:27] property maps on the screen. Here is the location map.

[18:34] This is the zoning map,

[18:39] area all map.

[18:41] Thank you. This application for the Parklands neighborhood for 36 town homes includes 102.46

[18:49] acres of land on the corner of Badlands Street and Everglades Drive in the Wittiglands neighborhood.

[18:55] The neighborhood is assessed via Everglades Drive and is identified as part of Parcel 1 found on

[19:02] next month, 24 in the 6th and elect 8th election district.

[19:07] The Parkland neighborhood is the fourth neighborhood

[19:09] and the villages of Woodickland.

[19:11] The Parkland neighborhood includes

[19:13] is included within villages of Woodickland

[19:15] and Piney Reach, Master Plan for the St. Charles

[19:17] Plan Unit Development.

[19:20] Specifically, they shown on Master Plan

[19:22] known as Woodickland neighborhood four.

[19:25] The subject property is located within the

[19:27] Plan Unit Development Zoning District,

[19:28] the development district in the periode funding area.

[19:33] The proposed land use within the sparsal consists of town home,

[19:37] used code 3.02200.

[19:40] Our board clerk can use the site development.

[19:42] Thank you.

[19:44] More specifically, again, there are 36 town homes,

[19:47] and this is consistent with the park land's neighborhood,

[19:49] preliminary subdivision plan,

[19:52] which was approved by the Planning Commission

[19:53] in December 1, 2025,

[19:55] in the original PSP preliminary plan, 19,001 was approved by the Planning Commission in 2019.

[20:05] Share the Planning Commission decide to approve this request, staff recommends that it be

[20:08] with the conditions listed in the staff report. And this concludes my second submission for approval

[20:15] for the parklands. Thank you very much. We have any questions of staff.

[20:24] Hearing none. We'll bring

[20:27] napkins out one more time.

[20:38] Welcome again. Thank you. Do we have any questions of the applicants

[20:41] as it relates to this site development plan?

[20:45] This chairman, I'd like to ask the same question. Same answer with those views back soon.

[20:53] All right. And so again, I think I saw on the staff report that the indication R is that

[21:00] 25% as far as the criteria square footage shouldn't be a problem.

[21:04] You're designing, too.

[21:06] No problem.

[21:07] Okay.

[21:07] All right.

[21:08] Thank you.

[21:10] Okay.

[21:11] So we have a staff report that recommends approval.

[21:14] So I'd be looking for a motion to approve the site development plan.

[21:17] Mr. Wedding for the record.

[21:18] This was open to public comment.

[21:20] And we did not have anybody from the public's line up to speak on this item.

[21:24] Okay.

[21:24] Thank you very much.

[21:28] So I would be looking for a motion

[21:32] to approve the site development plan.

[21:35] based on the staff report and their condition, they do have a condition.

[21:39] Okay.

[21:39] Mr. Chairman, I'll make a motion to approve site development plan dash,

[21:43] 2, 6, 0, 0, 0, 0, 4 along with the accompanying recommendations

[21:50] is provided by the staff report.

[21:52] Okay. We have a motion. We have a second.

[21:55] We have a second.

[21:57] Any discussion?

[21:59] All in favour of St. Papa saying aye.

[22:01] Aye. Aye. Opposed?

[22:05] Motion carries.

[22:07] Thank you all.

[22:07] Thank you very much.

[22:09] If you indulge me for 30 seconds, I just want to thank Liz for years and years of wonderful service.

[22:14] I really appreciate everything you've done.

[22:15] I wish you all the best in your future.

[22:18] So good luck to you. I hope I never have to come before a judge.

[22:21] Good comments.

[22:31] Okay, Amy, what is next on our agenda?

[22:49] Next item on the agenda is item 7C critical area interfamily transfer change in

[22:57] circumstance for Nikki subdivision lot 3 is being presented this evening by

[23:02] Kyle Redden

[23:05] and Kyle just a moment while I pull up

[23:57] apologies for taking the

[23:59] moment

[24:14] well

[24:41] Mr. Redden is letting me open free of them so you may begin

[24:47] Welcome, thank you. Good evening members of Planning Commission. My name is

[24:53] Kar Redden. I'm a planner with Planning Division and I'm here to introduce the

[24:58] Crucary Interfamily Transfer, Change in Circumstances for the Making Subdivision

[25:04] Lock 3. And a couple of minor edits in the Staff Report for

[25:11] clarification as well before I get fully into the explanation.

[25:17] So the under the general description of the request paragraph.

[25:23] It should refer to Lot 3, Not Lot 1.

[25:27] And then additionally right below that, the last sentence in the background

[25:32] and history of the property paragraph.

[25:35] Both at the start of that sentence and at the end of the sentence

[25:39] should refer to Lot 3, not Lot 1. So we're talking about Lot 3, only. Thank you.

[25:49] So the subject property is located off of Brettland Road in Welcome and is in the Agarcultural

[25:58] Conservation Zone, or AC Zone. Madam Clerk, you can probably flip to the next one if you have

[26:12] So the Niki subdivision was reported in April of 1995, creating three lots.

[26:20] One was previously the Residue parcel, and then this creative, that's two and three using

[26:28] the Criticrea Interfamily Transfer provisions of the zoning ordinance.

[26:33] The Criticrea portion of the lots are located within the resource conservation zone

[26:39] overlay, and therefore would have required a one-lot per 20 acre density, but with the

[26:46] interfamily transfer, the subdivision was able to proceed with a lot to containing 15.57

[26:55] acres within the critical area, and a lot three containing 0.25 acres within the critical area.

[27:03] Harold and Carolyn Nelson were the owners during that interfamily transfer subdivision

[27:11] plant and today Tyler Wilkinson and Raquel Swan owned Lottery.

[27:21] So as previously stated, the RC Z Zone typically requires a one unit per 20 density.

[27:29] Section 297132B of the zoning ordinance is which allows a

[27:37] bona fide interfamily transfer to members of the immediate family to

[27:42] subdivide into more lots than the initial density allows.

[27:51] And then with

[27:52] that provision, the critical interframe family transfer requires that lots

[27:59] created pursuant to these provisions

[28:01] should not be created for purpose of ultimate commercial sale,

[28:06] a lot created for certain pursuant to these provisions

[28:10] may not be sub-subsequently

[28:15] conveyed to any person except either

[28:20] A, where the conveyance is to a member of the owner's immediate family,

[28:25] or B where the conveyance of the lot is as part of the default on a mortgage or a deed of trust.

[28:36] Consequently, there was a note placed on the 1995 plant of subdivision stating,

[28:41] Interfamily Transfer Lots 2 and 3 only.

[28:45] We hereby declare under penalties of perjury that this subdivision is for the purpose of transfer

[28:51] to a member of our immediate family.

[28:54] There should have also been a note within the deed of trust, deed of transfer, to indicate this property may not be transferred or sold to a third party who is not the member of the owner's immediate family or holder of a mortgage or deed of trust on the property unless approved by the planning commission.

[29:17] Section 297, 131, B5 of the zoning ordinance indicates any lock created under this sub-section may not be transferred to the immediate, may not be transferred or sold to a third party who is not the immediate member of the owner's family or hold of a mortgage or a deed of trust on the property unless and until the planning commission has determined that the following conditions apply.

[29:46] Number one is a change in circumstances has occurred since the original transfer, which would

[29:53] warrant permitting a subsequent transfer when such circumstances are consistent with the

[29:59] For instance, an exception.

[30:01] The change in circumstance may include situations where the intrafamily transfer recipient has not recited in the county for the past five consecutive years, and signs an affidavit verifying his or her intent, not to reside in Charles County, or demonstrates significant financial hardship, or to other circumstances necessary to maintain laying in the state.

[30:29] area to support protective uses of the agricultural forestry, open space, and natural habitats

[30:37] in the RCC weren't an exception.

[30:43] And before I conclude, um, if you could, Amy, if you could

[30:48] just flip onto the next, um,

[30:54] so this is the third one I've shown the other two, so which one is

[31:00] that you would like for me to share.

[31:02] Actually, those three are fine.

[31:04] Okay.

[31:05] I apologize.

[31:07] That's okay.

[31:08] That's okay.

[31:09] As long as the planning commission members got a chance to see it.

[31:13] And do you need the plot of subdivision pulled up?

[31:17] Um, that would be helpful if you have it up.

[31:20] Um, case there's any questions.

[31:23] Okay.

[31:24] Okay.

[31:24] Directly to the plot itself.

[31:28] There you go.

[31:29] Thank you.

[31:30] You're welcome.

[31:32] Therefore, it is the Planning Commission's role to determine if a change in

[31:36] circumstances has occurred for a lot of three in order to allow for the subject

[31:40] property to be released from the critical rate transfer regulations, allowing the

[31:46] property to be transferred to a third party.

[31:50] County staff is recommending that the Planning Commission find that a change in

[31:55] circumstances has occurred based on the applicant's justification and provided.

[32:02] And we recommend one condition as listed in the staff report as well.

[32:07] And with that, that concludes my presentation, and I can answer any questions of planning

[32:13] commission.

[32:14] Thank you very much.

[32:15] Do we have any questions for staff from planning commission members?

[32:20] So Mr. Chairman, just real quick, so I assume the critical area of designation off the

[32:26] it will still exist, regardless of whatever direction we got.

[32:30] Correct. Okay. And where should I assume on the

[32:35] plat should that notification have been made that it was subject to enter

[32:41] family transfer? Yeah, probably should have been included in the

[32:44] interfamily transfer note in the bottom left hand corner.

[32:50] And then as I

[32:51] in my little speech here, that it should have also been noted in the deed as well.

[32:59] As I understand, maybe you're maybe not, that deed was never recorded because it was never

[33:05] transferred to the person that they intended to transfer, but regardless when this

[33:12] got approved that is what staff was assuming would happen because this that is the first step

[33:20] and then the de-gets recorded so as far as what staff saw it was it was acceptable but

[33:30] in 95 that is right and I assume that's what the buyer saw as well what you're saying there

[33:38] I would assume, but I can let them speak for it, yeah, we have one of the applicants

[33:49] is on online with us and then as well as the owner here physically as well.

[33:56] Oh, thank you.

[33:58] Any other questions of staff,

[34:02] so we can certainly bring the applicant up if there's questions.

[34:06] Is that the pleasure of the board?

[34:09] Yeah, Mr. Chairman, I'd just like to ask applicant kind of, okay, kind of reiterate a little bit how they got to where they are.

[34:17] Okay, we'll bring that up.

[34:21] And I said there's one online,

[34:26] so good.

[34:27] You have to state your name and you'll tell you what to do.

[34:30] Just hit the button.

[34:31] So it turns pretty.

[34:33] Tyler Wilkinson.

[34:36] And Scott, are you able to unmute your microphone?

[34:39] I tried to unmute it for you, but it's not letting me.

[34:43] Yes, I'm on mute.

[34:44] There you go.

[34:47] So, Mr. Wuppos, could you kind of explain a little bit kind of how you got to where you are probably

[34:56] long around the Boutway, but if you can at least explain what the desire is and what the process

[35:04] you've already gone through it?

[35:05] So when we purchased the property, we were never told that there was an interfamily transfer

[35:10] on the property. And we went to sell the property and are realtor told us that they wouldn't

[35:18] list it because of the interfamily trust that was on the property. But we reached out to our

[35:25] title company to try to get everything revised and pretty much told us that it's in your hands

[35:33] You know, it was signed over to you, you know, the balls in your park now to be able to get everything rectified.

[35:42] So we were able to...

[35:44] Good.

[35:45] Good.

[35:45] Can I say something for a second?

[35:47] The key here too is when my son and his wife purchased the property,

[35:53] neither the realtor nor the owner who sold it, who was a family member,

[35:58] It was never identified that there was any type of restriction or that this interfamily transfer

[36:06] even occurred.

[36:07] What's caused also too, what's Tyler hasn't reiterated, is it also caused a hardship

[36:13] because we were in a place now where he was purchasing another home and was already in transition

[36:20] and then was told he could not sell this.

[36:23] So he has been sitting, making payments on a property that he could not even sell.

[36:31] Because it was never, it was never handled correctly. And if you look at the reason why I did this

[36:38] is because it was very timely or a cumbersome thing that we had to research. But if you see

[36:46] lot to and lot to read and you look down in the left corner that

[36:51] interfamily transfer only was on lots to and three to give you a

[36:58] history lot to was sold three different times since that interfamily transfer

[37:06] was in place to people who are not family and so my son the only way

[37:14] how we found this out is one like someone to go ahead and sell it, is we were told that this

[37:21] end of family transfer occurred. So I don't know how I got missed, but it missed several

[37:29] layers that actually missed this. And unfortunately my son now has been hit with a pretty

[37:41] big financial burden why this was all going on. So I even said to Kyle and the the paperwork

[37:52] that I and nice and I have everything documented of those transfers and everything else

[37:57] that happened on a lot too is I don't want to see this happen to someone else. This just

[38:05] happened back in 2020 we're dealing with almost three years now of a property that my son

[38:11] can not even sell until this is corrected.

[38:15] And I don't want to see this happen to someone else as well.

[38:23] Thank you.

[38:23] Do we have any questions?

[38:25] Any more questions?

[38:29] No, I just want to say thank you.

[38:31] No, I appreciate the clarification on that.

[38:35] It just seems that you've kind of been a rock in our blazer right now.

[38:38] So.

[38:38] Yeah.

[38:39] All right.

[38:39] Not appreciate that.

[38:41] And if I could, I'll just quickly add, we've seen similar circumstances

[38:46] is to this in the past.

[38:50] And obviously, these plants were created many years ago,

[38:54] varying notes on plants and how cryptic they can be

[38:58] and very easily not noticed by title attorneys

[39:03] unless they're really looking at this stuff closely.

[39:07] So one of the things that we're looking to do going forward

[39:10] and we haven't had, I don't think, a critical area,

[39:12] in our family, lot created recently.

[39:15] But because we've seen this a few times now, one of the things that we're going to do is in addition to notes on the plat.

[39:23] I should record a separate document in the land records as well as the plat and the plat records.

[39:30] That specifically states that that lot subject to interfamily transfer so that it's more easily caught in title searches and title reviews.

[39:38] So that's one way we're going to try to address this issue.

[39:43] No, I think that's good and so that people want to my recommendation, but it sounds like you're already

[39:48] already ahead of the game.

[39:50] Right.

[39:51] It's just one of the things that shouldn't happen, but did happen to him.

[39:55] Mr. Earl has his hand up.

[39:57] Mr. Earl, question?

[39:59] No, I just didn't come in.

[40:00] I was actually going to ask because I remember something of this nature, since I've been

[40:05] on the board and it's coming up again.

[40:07] So I was actually going to ask, what can we do to really that or trying to negate?

[40:15] Because it shouldn't happen and, you know, we're deeply apologetic for it, but it's

[40:22] not my Mr. Rice has already forced it to head as always, so thank you for the comment, Mr.

[40:28] Thank you.

[40:29] I appreciate the comment.

[40:30] Any other comments?

[40:33] We're sorry you had to set the bar, but we're here.

[40:36] We're trying to help, so I would be looking for a motion to approve the critical area,

[40:42] area, enter family, transfer, change in circumstance for Nicky subdivision,

[40:47] lot three with the condition that the staff report had in their report.

[40:51] Mr. Wedding, just for the record, this was open for public comment. We did not have anybody from the

[40:56] public sign up for comment. Thank you very much.

[41:02] Okay, again, so I would be looking for that motion.

[41:04] Mr.

[41:08] Chair, I'd like to make a motion to approve the critical air infrastructure, intra-family

[41:15] transfer change in circumstances for making sub-division lot three with the one staff as recommended by staff to include the one condition as presented.

[41:31] Okay, we have a motion, we have a second.

[41:32] Second, we have a second. Any discussion?

[41:37] All in favor, signify by saying aye.

[41:39] Aye. Aye. Opposed. Motion carries.

[41:43] Here you go. Thank you.

[41:45] Thank you, Mr. Wilkinson.

[41:47] Thank you so much. Yes, sir.

[41:52] Okay, next up, Amy.

[41:53] Next item on the agenda this evening is item 70.

[41:57] Major subdivision final plat.

[41:58] Shepherds Creek Manor, flat 250041.

[42:02] This is a request for Planning Commission approval.

[42:05] It's being presented this evening by Ms. Heather Kelly.

[42:12] Good evening, members of the Planning Commission.

[42:14] I'm Heather Kelly with the Planning Division.

[42:16] And this next item before you this evening

[42:18] are the final subdivision class for Shepherds Creek Manor,

[42:22] flat 240041.

[42:25] And I do want to give the Planning Commission

[42:28] a little bit of procedural history here

[42:30] because this is somewhat unusual.

[42:31] item to have been placed on your agenda.

[42:34] As you may or may not know, final plots are generally approved and administratively in the

[42:39] planning office by the planning director.

[42:41] But this particular plot is before you, because in 2015, the planning commission requested

[42:47] that future final plots for this development come back to the planning commission for approval.

[42:53] The minutes from that meeting reflect concerns about the resource protection zone, and

[42:57] discussion led to a condition that was imposed on the preliminary subdivision plan that the

[43:02] plats be presented to the planning commission for their approval. And that is why this item is

[43:07] before you today. And the proposed final plan would create 35 lots for single family detached

[43:14] wellings, along with associated open space and easements on property that's located off

[43:20] 301 and Shepard's Creek Place, which is located in the role residential zoning district.

[43:25] The preliminary subdivision plan was originally approved in 2015 for the same 35 lots and the planning commission most recently approved a revision to that preliminary plan in March of 2026.

[43:38] That revision did not change the number or type of lots and generally reflected the development plans that were currently under review.

[43:45] From an environmental standpoint, the project is subject to force conservation, the project

[43:50] includes a stream in wetland crossing that were part of the originally approved preliminary

[43:54] subdivision plan and will require the appropriate Maryland Department of the Environment

[43:59] Permit, no further archeological or historic preservation work is required.

[44:04] Staff has determined that the proposal is consistent with the applicable comprehensive plan

[44:09] and adequate public facilities requirements, and that it does not contribute to exceeding

[44:13] comprehensive plans, annual housing or development goals. Based on the findings contained in the

[44:19] staff report, staff has recommended a approval of flat 2404-1 for Shepard's Creek Manor,

[44:25] and we also have the applicant and attendance this evening for any additional questions the

[44:29] planning commission may have. Okay, thank you very much. Do we have any questions for staff

[44:35] from planning commission members?

[44:40] Seeing none. Okay, we'll bring the applicant up.

[44:58] Good evening,

[44:59] And finally, you mission.

[45:00] Good evening. Tim Lustner with Lorenzi Dodson-Gonell.

[45:06] I totally concur with Ms. Kelly Staff report. I have no problems with it. No questions on it. We were here. If you remember a few months ago, we did a little revision to the preliminary plan. Just to kind of clean some things up. And then we added a force conservation mitigation back into the back of the property on.

[45:28] So that was the reason why we hear a few months ago.

[45:32] So we're ready to go.

[45:33] One thing I would add to the staff report is that as of today, we did receive a approval

[45:40] letter for the engineering and a bond them out letter.

[45:45] So I would suspect that the developer would be posting the bond here within the next couple

[45:49] weeks.

[45:50] And hopefully have a permit, certainly within this couple of months, and then the plats

[45:56] will be recorded shortly thereafter.

[45:59] So, okay.

[46:01] Any questions for the applicant?

[46:05] Jeff.

[46:06] Mr. Chairman.

[46:09] So, just so, I'm sure you're aware that this is the final extension for the approval for the

[46:20] Right, that you're meeting that, there should be no need to meet that on the letter that you, the planning department gave us after the

[46:30] revision that we did a couple months ago. It clearly says that the class need to be recorded by October of 27.

[46:38] We should be recorded in the next couple months. Okay. So we will meet that deadline. Great. Can you talk just a little bit about. I know you haven't really gotten to the stream crossing yet.

[46:48] uh... with the state were met in maybe already have but can you talk a little bit

[46:51] about what you see there

[46:53] the uh... in the riparian zone

[46:55] kind of what that crossing is i know you're looking through mb yeah we are we are there

[47:01] um...

[47:01] there is an existing

[47:03] uh... farm road that crosses that stream now there's a pipe in the in the

[47:08] in the stream

[47:08] uh... most of you are probably familiar with new life church

[47:12] the entrance to new life church is is shepherds creek place

[47:15] That will be ultimately turned to a public road and the road will continue down over the hill through the stream and up on over.

[47:23] We've gotten a wetland permit from the Maryland Department of Environment.

[47:28] Of course those pipes are going to get a lot bigger.

[47:31] And then there's going to be a concrete head wall on both sides with a rip wrap, outfall on both, on the intake and the outs outlet.

[47:40] So that's really the only impact to resource protection zone, as mentioned.

[47:46] There's a couple little outfalls that go into the RPZ and the back of the subdivision,

[47:51] a bit very minor.

[47:53] We've made the proper justification for the RPZ encroachments that's been granted by the planning

[47:59] department and certainly by the engineering department also.

[48:05] Just a couple of follow-on questions.

[48:07] I know we talked about this before, so the new life church will share the road access there,

[48:13] So I assume they would like courage as prepared as aware of what's happening.

[48:17] They are totally aware of what's happening.

[48:20] In fact, the developer has coordinated with new life charts because we had to get some

[48:25] drainage and slope easements off of them and whatnot.

[48:28] So they've signed off on that, they're on, they know exactly what's happening here.

[48:34] In fact, their road won't really be impacted at all.

[48:37] Where it dead ends is where we connect into it.

[48:40] And I think I asked you this question last time, but you may be going to reiterate as well.

[48:45] So the access to 301, I think I don't really see on the plat.

[48:51] There's like in the cellar. There is no cellaration decelerationally.

[48:55] And so I've kind of made comment about that before.

[48:59] That's a pretty conjecture. It can be a conjecture.

[49:01] Certainly with the school and with the church getting out there.

[49:05] So is there any proposed plans for that?

[49:09] for any kind of lane acceleration, desoloration, they're at all.

[49:15] The short answer is no.

[49:18] The long answer is as we did a APF application.

[49:23] We did a traffic study.

[49:24] It was updated at the 8th, at the 2nd reapproval of the preliminary plan.

[49:30] The traffic study was updated.

[49:33] Your board reapproved that along with the preliminary plan extension.

[49:37] the second time, but there's really no improvement on the highway.

[49:43] Since we are adding one to a county road,

[49:47] basically it's a county issue and this meets the daily,

[49:53] it meets the traffic per the adequate public facilities ordinance.

[49:58] So as you probably know also, it's really only an issue on Sundays.

[50:03] The rest of the week, it's not an issue.

[50:05] And on Sundays, during church hours, they usually have traffic patrol out there, so I don't think

[50:13] it's going to be an issue.

[50:14] Okay.

[50:15] All right.

[50:15] Thank you.

[50:18] Any other questions?

[50:21] Okay.

[50:23] So we have a recommendation of staff, so I'd be looking for a recommendation to approve

[50:32] I would be looking for a motion for approval for

[50:35] Mr. Wedding, just for the record, this also was open to public

[50:38] comment and we had no members of the public sign-ups for

[50:41] comment.

[50:43] Okay.

[50:45] So again, I would be looking for a motion for approval for

[50:49] plat 25.

[50:51] 0.

[50:51] 1.

[50:52] 1.

[50:54] Mr. Chairman, I'll make a motion to approve the Shepherd Creek's Manor Platte-250041.

[51:02] Okay, we have a motion, we have a second.

[51:05] Second.

[51:05] We have a second.

[51:07] Any discussion?

[51:09] All in favor, signify the saying aye.

[51:12] Aye.

[51:13] Opposed?

[51:14] Motion carried?

[51:16] Continue on.

[51:17] Thank you, Mr. Lesson.

[51:18] Mr. Chairman, can I just say something real quick?

[51:21] At one, for your information, this is probably the last major subdivision in the rural area

[51:29] that your office will see under the current comp plan.

[51:36] This was the last one.

[51:37] It was approved in 2014, I believe, and there are no more.

[51:42] So unless we change things, change things in the comp plan, this county is not going to

[51:48] anywhere major subdivisions. There is land in what we call the tier 3, but obviously for many

[51:55] reasons, it has not been looked upon for development. So please keep that in mind when you're

[52:02] looking at your comp plan update. In number two, most importantly, Miss Thia Bolds has been a pleasure

[52:08] working with you. Good luck in your future and I will certainly double on with Rick Barnes said

[52:14] before you've been really a great person to work with over the years.

[52:19] So thank you, thank you for those comments.

[52:22] Thank you.

[52:25] Next item, Amy.

[52:27] Next item on the agenda is item 10A, which is a briefing.

[52:33] 3245 letter town road project application for plan development zone

[52:37] amendment, also being presented by Ms. Heather Kelly.

[52:43] Good evening, members of the Planning Commission.

[52:45] I'm Heather Kelley with the Planning Division and this evening I'm just giving a briefing of an upcoming project that will be on your agenda for a public hearing.

[52:55] It is being referred to as 3245 Leonard Town Road Project and this will be an application for a plan development zone amendment.

[53:05] And just a little background on what to expect when this comes before you.

[53:08] The PDCA application is requesting the rezoning of properties from their current base zones of IG, which is general general or light industrial, and CB central business, to the MX mixed you zone to allow for the creation of housing for specific populations.

[53:27] And housing for specific populations is defined in the zoning ordinance as housing for a population with specific characteristics that in the soul determination of the county commissioners qualifies for substitution of commercial or office uses any project located in the MX zone such housing for specific populations may include but are not limited to qualified affordable housing units live work housing units artists units age restricted units or veterans housing.

[53:56] The housing type to accommodate these populations may be single-family detached, single-family

[54:01] attached, or multi-family.

[54:03] The provisions for housing for specific populations were enacted with bill 2024-06, which

[54:10] was zoning text amendment 22-174 adopted by the county commissioners on December 10, 2024.

[54:17] The requested PDCA that will come before the planning commission includes an affordable housing

[54:22] component and associated civic use.

[54:24] And the application is currently under review in our office and we anticipate scheduling a public hearing for a future date.

[54:32] Very good. We look forward to that.

[54:37] I know this is briefing any questions.

[54:40] Okay. We look forward to that. Thank you.

[54:43] Next item.

[54:44] Next item is just to take a colleague of Planning Commission members for any new business this evening.

[54:50] Any new business?

[54:54] The only thing I have enough made this comment before.

[54:56] for Liz. You've heard people, applicants that have come before us. We appreciate everything you

[55:02] have done during my tenure here. It has been very informative. You've always been there

[55:08] to help us and we're going to miss that. But good luck in your next adventure. Next time

[55:16] we see you, it'll be all rise. So what we appreciate everything you've done and good luck.

[55:22] Charles County is gaining a a good public servant and a good judge. So, good luck.

[55:30] Jeff. Mr. Chairman. I just like to echo those comments. Is that as I came on the board as well.

[55:37] You've been a great benefit to me. Keep in mind. Trying to say the right thing. So,

[55:44] it's kind of bitter sweet that I see you go. But I know this is a good thing. And you will do very well

[55:51] in the next position, so thank you very much for all that you've done for the board for

[55:55] myself.

[55:56] Thank you.

[55:59] Anyone else have anything to say comments?

[56:03] Mr. Earl, put his hand up.

[56:05] To North?

[56:07] Yes.

[56:08] I just want to echo everything everybody's saying obviously.

[56:12] So very, very, very kind woman, very knowledgeable and definitely help me as well.

[56:20] And honestly, you know, I guess I'm going to be in a little self.

[56:22] It's going to hate to see you go, but I'll just be happy and late for you.

[56:28] So I hope to see you again, the ceremony, and take care.

[56:33] Thank you.

[56:34] Thank you all for the very kind comments.

[56:36] It's going to pleasure serving you.

[56:38] Thank you.

[56:41] Okay, Amy, next item.

[56:43] Next item is director's report.

[56:45] Do you have any comments this evening, Mr. Rice?

[56:47] So just a quick preview of coming attractions, the planning commission only has one meeting in September,

[56:53] and that is September 21st. I believe you have four items that we're tracking. One is a follow-up work session for the discussion that you had on the planned development review boards for St. Charles,

[57:05] so that'll be coming back September 21st. Additionally, a work session on the subdivision regulation amendment that you considered,

[57:13] I believe at your last meeting, regarding the 25% recording of lots and infrastructure improvements.

[57:23] And then there are two public hearings.

[57:24] Schedule 1 is for the update of the force conservation ordinance.

[57:29] And then the other is the planned development zone application that Heather just described for you.

[57:35] So that's what's on on tap for September 21st.

[57:39] that's it. Okay, any questions for the director?

[57:46] Hearing none? Okay, next item.

[57:50] And this is very sad, but that concludes the agenda and loses time with us.

[57:55] That is sad. Um, so do we want to extend the, do we want to extend it?

[58:01] We do not. So Liz, you've heard some con remarks.

[58:08] So I would entertain a motion to adjourn.

[58:11] Mr. Chair, I'll make a motion to adjourn.

[58:12] We have a motion to adjourn.

[58:13] We have a second.

[58:15] Second.

[58:16] Any discussion?

[58:17] All in favor, signify by saying aye.

[58:21] Opposed?

[58:22] Motion carried.

[58:23] We're adjourned.

[58:24] Thank you, Mayor, for Mr. Rice, for not keeping us to our mind.

Planning Commission: August 17, 2026

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