CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

November 12, 1999

OWNERSHIP PLAT:           
Ownership Lots L-1 and L-2:Parcel L, Block F
Ownership Lots N-1 and N-2: Parcel N, Block H
King Farm: Bailey’s Common North

APPLICATION: PLT1999-0177 and PLT1999-00178

APPLICANT:            
Loiederman Associates, Inc.
1390 Piccard Drive
Rockville, Maryland  20850

PROPERTY OWNERS:           
King Farm Village Center Associates, LLC
8330 Boone Boulevard, Suite 460
Vienna, Virginia  22182

DATE FILED: October 26, 1999

DESCRIPTION OF PROPERTIES:

Size:                             291,829 square feet (6.6995 acres); 361,200 square feet (8.292 acres)

Location:                     Block bounded by Redland Boulevard on the south, the future Grand Champion Drive on the east, the future King Farm Boulevard on the north and the future Reserve Champion Drive on the west

Zone:                           O-3/CPD (Restricted Office/Comprehensive Planned Development)

Present Use:               Vacant

Comments:                  The ownership plats will create two ownership lots from a single record lot for both blocks of the King Farm Village Center.  

PREVIOUS RELATED ACTION:

·        Comprehensive Planned Development Detailed Application CPD99-002U, King Farm Village Center - to allow construction of 122,486 square feet of retail and restaurant space, 10,950 square feet of storage and 200 multifamily dwelling units; approved by the Planning Commission on June 23, 1999.  

·        Final Record Plat PLT97-0120, King Farm Associates LLC - for final record plat approval of Bailey's Commons North Parcel L, Block F; approved by the Planning Commission January 7, 1998.

·        Final Record Plat PLT97-0122, King Farm Associates LLC - for final record plat approval of Bailey's Commons North Parcel N, Block H; approved by the Planning Commission January 7, 1998.

STAFF COMMENTS: This plat has been submitted to create two ownership lots from a single record lot at the King Farm Village Center.  The ownership lots will contain the commercial buildings and the residential buildings respectively.  The ownership plat is requested to facilitate the construction financing and to provide for separate ownership of the two components of the village center.  Creation of ownership lots requires easements to be in place to ensure access to and maintenance of common elements.  In this instance, a Declaration of Easements and Covenants must be recorded to allow for maintenance of the stormwater management facilities on the site.  Staff notes that the required parking for the residential units located above the retail shops will be located in part on the residential condominium ownership lot, requiring parking and access for the apartment units to be a part of the Declaration.   

Section 25-313c. of the Zoning Ordinance permits the Planning Commission to approve ownership plats if it is reasonably necessary to accommodate the financing or separate ownership of a building or buildings on a tract of land.  The creation of ownership lots is intended to accommodate phased development of a single tract when formal subdivision is not feasible.  Use Permits and Final Record Plats covering the entire site must be approved prior to approval of an Ownership Plat.  In this instance, a single Detailed Application, which suffices as a Use Permit, governs development of the entire site.  

STAFF RECOMMENDATION: Staff finds that the ownership plat meets the criteria for approval outlined in the Zoning Ordinance and therefore recommends 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.      That the final corrected plat be submitted in an appropriate electronic format as specified in Section 25-782(c), (d) and (e) of the Rockville Zoning Ordinance; and

3.      That a note be included on the plat indicating that no building permit shall be released until a Declaration of Covenants and Easements is recorded among the Land Records of Montgomery County to reflect necessary cross easements, including but not limited to stormwater management and parking, as appropriate.  The Declaration shall be approved by the City Attorney.

Postcard notices for this application filing and Planning Commission meeting were sent to all property owners and residents in the King Farm neighborhood.  Notices were also sent to the following civic or homeowners associations: King Farm, College Gardens and Woodley Gardens.

/rjw

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