PLT99-0173

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City of Rockville Planning Commission
CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

September 9, 1999

OWNERSHIP PLAT: Ownership Lots 25-A and 25-B

3rd Addition to Rockville subdivision

APPLICATION: PLT99-0173

APPLICANT: Macris Hendricks and Glascock, Inc.

9220 Wightman Road, Suite 120

Montgomery Village, Maryland 20886

PROPERTY OWNERS: Church Street LLC

c/o Investment Properties, Inc.

807-I Rockville Pike

Rockville, Maryland 20852

The Wire Historic Building, LLC

c/o Investment Properties Inc.

807-I Rockville Pike

Rockville, Maryland 20852

DATE FILED: August 24, 1999

DESCRIPTION OF PROPERTIES:

Size: 50,245 square feet (1.15346 acres)

Location: South and West sides of Church Street between Rockville Pike and Baltimore Road

Zone: TCO-2 (Town Center Office)

Present Use: Office (Historic Wire Hardware) and Vacant

Comments: This ownership plat will create two ownership lots from a single record lot.

PREVIOUS RELATED ACTION:

Use Permit USE94-0536, Investment Properties, Inc. - Request for construction of an addition, renovations and parking lto construction for conversion of the former Wire hardware Building to office use; approved by the Planning Commission on January 25, 1995.

Street Closing and Abandonment Application SCA98-0077, Investment Properties, Inc. - to allow the abandonment of the entire length of Middle Alley; adopted by the Mayor and Council on March 8, 1999.

Use Permit USE98-0592, Investment Properties, Inc. - For development of a 93,450 square feet, six story office building; approved by the Planning Commission on April 7, 1999.

STAFF COMMENTS: This plat has been submitted to create two ownership lots from a single record lot. The ownership lots will contain the office building to be developed and the former Wire Hardware Building respectively. The ownership plat is requested to facilitate the construction financing and to provide for separate ownership of the two buildings located on the site. 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 and Ownership plat. In this instance, two approved Use Permits govern 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:

That the plat be revised to make modifications/additions as identified on Planning Commission Exhibit "A" (in Planning Division file);

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

That recordation of Final Record Plat PLT99-0172 occur prior to recordation of the Ownership Plat.

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 those stormwater management, or others 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 areas bounded by the Metro/CSX railroad tracks, Veirs Mill Road, Park Road and Rockville Pike. Notices were also sent to the following civic or homeowners associations: East Rockville, the Victoria Condominium, and the Americana Center Condominium.

/rjw

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