CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

November 12, 1999

FINAL RECORD PLAT:                  Plat of Resubdivision

                                                            Rockville Heights

                                                            Lots 23 and 24, Block 18

APPLICATION NUMBER: PLT1999-00176

APPLICANT:                         Joav Steinbach, P.E.

                                                            Big Oak, L.L.C.

                                                            11709 Roberts Glen Court

                                                            Potomac, Maryland  20854

DATE FILED:                                   October 18, 1999

DESCRIPTION OF PROPERTY:

Size:                24,353 Square Feet

Location:        Block 18, Rockville Heights

Zone:               R-90, One-Family Detached,

Restricted Residential Zone

Present Use:   Vacant

PREVIOUS RELATED ACTION:

The Planning Commission reviewed and approved Preliminary Subdivision Plan PLT98-0138 on September 16, 1998.  Final Record Plat Application PLT98-0153 was reviewed and approved by the Planning Commission on December 2, 1998.  The Final Record Plat was subsequently recorded on February 26, 1999.

STAFF COMMENTS:

This plat represents two previously recognized lots, one as a platted lot, through the Actions noted above, and the other as a deeded lot.  The deeded lot could not be platted nor developed because it did not have frontage on a public street.  Once Big Oak Court was created, however, the deeded lot came very close to fronting on a street.  The Zoning Ordinance allows for the exchange of land between adjacent property owners, without the consent of the Planning Commission, when no lots are reduced below the minimum requirements for the zone and no new lots are created.  The 585 square foot land exchange did not reduce the platted lot below standard but it did provide the landlocked lot with the frontage necessary for a record lot.  As a result, this plat is for the purpose of platting the deeded lot with the additional 585 square feet to create a buildable lot.  Replatting is not necessary for proposed lot 24 because its buildable status is not diminished by the land transfer.  It is, however, desirable to re-record the lot, as it makes for easier reference among the Land Records. 

STAFF RECOMMENDATION:

Approval, subject to the conditions noted below:

1.                  That the Plat be revised to make modifications/additions as identified on Planning Commission Exhibit “A” (in Planning Division file);

2.                  Submission, for the approval of the Department of Public Works, of sediment control and storm water management plans, with computations, as required prior to the issuance of any permits for Lot 23;

3.                  That bonds be posted and permits obtained from the Department of Public Works, as necessary;

4.                  Submission, for the approval of the City Forester, of Forest Stand Delineation and Forest Conservation Plans for Lot 23; and

5.                  That the Final Plat be submitted in an appropriate electronic format as specified in Section 25-782(c), (d) and (e) of the City of Rockville Zoning Ordinance.