PLT2000-00226

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Planning Commission

CITY OF ROCKVILLE PLANNING DIVISION

CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT

July 20, 2000

OWNERSHIP PLAT: Ownership Lots 5-A and 5-B
Rockville Town Center subdivision

APPLICATION: PLT2000-00226

APPLICANT: Macris Hendricks and Glascock, Inc.
9220 Wightman Road, Suite 120
Montgomery Village, Maryland 20886

PROPERTY OWNERS: Whalen Family Trust
807-I Rockville Pike
Rockville, Maryland 20852

Allfirst Bank
P.O. Box 1593
Baltimore, Maryland 21203

DATE FILED: June 28, 2000

DESCRIPTION OF PROPERTIES:

Size: 42,151 square feet (.96766 acres)
Location: East side of North Washington Street between East Middle Lane and Courthouse Square
Zone: TCM-1 (Town Center Mixed Use)
Present Use: Bank Branch and Office (Historic First National Bank Building) and Vacant
Comments: This ownership plat will create two ownership lots from a single record lot.

PREVIOUS RELATED ACTION:

Use Permit U-440-89, Cornelius M. Whalen - request to construct a mixed-use project in the TCM-1 and TCM-2 Zones; approved by the Planning Commission in May 1989. The Use Permit was subsequently amended on December 20, 1989, to delete the First National Bank Building, add 6 residential units and approve a parking reduction from 344 to 314 spaces.
Final Record Plat, Parcels 4-A and 4-B, Rockville Town Center - request to create two lots to allow construction of The Victoria; approved by the Planning Commission on January 24, 1990and recorded February 5, 1990.
Use Permit Amendment USA89-440B, Whalen Family Trust - request for alterations to the approved Use Permit allowing construction of an office building. The proposal included deletion of the previous pedestrian connection with the plaza of The Victoria residential building, construction of a separate entrance for the parking garage and a reduction of 27 percent in the amount of required parking spaces for the office building; approved by the Mayor and Council on March 13, 2000.
Use Permit Amendment Application USE1989-0440C, Whalen Family Trust and Allfirst Bank - request to incorporate the Allfirst Bank building into the approved Use Permit for the 11 North Washington Street building; to be considered by the Mayor and Council on July 24, 2000.

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 Allfirst Bank Building respectively. The ownership plat is requested 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, a single approved Use Permit will govern development of the entire site, provided that the Mayor and Council approve Use Permit Amendment Application USA1989-0440C at its meeting of July 24, 2000.

STAFF RECOMMENDATION: Staff finds that the ownership plat meets the criteria for approval outlined in the Zoning Ordinance and therefore recommends approval, provided that the Mayor and Council approve Use Permit Amendment 1989-0440C, 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 PLT2000-00225 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 ingress and egress easements, 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 surrounding blocks of the area. Notices were also sent to the following civic or homeowners associations: East Rockville, the Victoria Condominium, West End, Lincoln Park, Heritage Park and the Americana Center Condominium.

/rjw
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