The Calvert County Planning Commission voted unanimously Wednesday, March 20 to schedule a hearing to determine the fate of a site plan it approved with the caveat that the developer would a segment of the Prince Frederick Loop Road.
The panel adopted a resolution to consider the action against, Kris-Lei, LLC, an Owings-based entity and the developer of Prince Frederick Crossing. In January 2012, the planning commission granted conditional site plan approval for the development of 34 town homes.
“The planning commission has received information which establishes good cause to believe that the aforesaid approval was obtained and granted upon the basis of representations amounting to ‘fraud, mistake, inadvertence or other irregularity,’ ” the resolution stated.
The document also noted that a condition for the 2012 site plan approval was breeched when the developer and his attorney declared the agreement to construct a new segment of Prince Frederick Boulevard had expired.
“The applicant, having now made it clear that it is not going to construct Prince Frederick Boulevard as agreed and having made no other arrangements for completion of that road, conditional approval of the 34 town homes should not have been granted,” the resolution stated.
The developer’s agreement to build the road evolved from action the planning commission took over a decade ago when crews working on the subdivision site disturbed wetlands in the Parkers Creek area. The panel rescinded its 2001 approval of the project, which had originally been called Prince Frederick Woods. After a few public hearings and a pending court case, the developer and the planning commission agreed to a settlement which stipulated the developer would build a segment of the road in return for granting approval of a modified site plan.
During a hearing on the matter late last year, both the developer, Anthony Williams, and his counsel that evening, Edward Gibbs, claimed the deal had expired. The process was apparently slowed down by land and right-of-way acquisition.
In the resolution the planning commission designated April 17 at 7 p.m. as the date and time for the public hearing. The planning commission’s meetings are held at Courthouse Square in Prince Frederick.
Planning commission attorney Joh
