MEMORANDUM. Action: Resolution to approve the following abandonment: AB740, Three Sisters Road The Hunt Club Subdivision

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1 TO: FROM: County Council. ~~A Jean Arthur, Legislative Analyst MEMORANDUM AGENDA ITEM #3(G) July 29,2014 Action July 25,2014 SUBJECT: Action: Resolution to approve the following abandonment: AB740, Three Sisters Road The Hunt Club Subdivision Glenstone Foundation and Mitchell Rales, the Applicants, through their attorneys, Linowes and Blocher, LLP, submitted a request dated January 28, 2014 to abandon a portion of the public right-of-way, known as Three Sisters Road in The Hunt Club Subdivision ofpotomac. The subject portion ofthree Sisters Road is a dead-end, cul-de-sac, approximately 560 feet in length, which Montgomery County has deemed is no longer necessary for current or foreseeable public use. The applicant owns all ofthe property abutting the subject portion ofthree Sisters Road and requests the abandonment to facilitate expanding the Glenstone Museum. Specifically, the abandonment area would be part of a parcel on which a "visitors' arrival center and gallery" would be constructed. As is customary, this matter is going directly to the full Council because there is no controversy and no party has raised objections to the abandonment. The County Executive's designee held a public hearing on May 7, Prior to the hearing, the County's Department oftransportation requested comments from the public, government agencies and public utility companies with the following results: Montgomery County Fire and Rescue Service, in an dated March 11, 2014, raised no objections to the abandonment provided that the fire department vehicular access and water supply is installed and maintained pursuant to the 09/ plan approved by the Montgomery County Office ofthe Fire Marshall. Verizon, in and dated March 14,2014, stated that it has no objections. Pepco, Montgomery County Police Department, and Washington Gas did not respond and therefore, we presume, do not have objections. Washington Suburban Sanitary Commission, by both letter and dated, May 5, 2014, consented to the abandonment request on the condition that it is approved by M-NCPPC. The Montgomery County Planning Board approved, in a letter dated May 7, 2014, the abandonment conditioned upon recordation ofa new plat. Surrounding residents and civic associations were notified.

2 The Montgomery County Department oftransportation, in a memorandum, dated May 7, 2014, recommends approval ofthe abandonment. The hearing examiner recommends abandonment ofthe right-of-way subject to the following conditions which are all part ofthe resolution attached at The Applicants must abide by the plan approved by the Montgomery County Office of the Fire Marshal dated September 6, 2013 which provides for fire department vehicular access and water supply is installed and maintained pursuant to the plan; 2. The Applicants must file a new subdivision record plat incorporating the Abandonment Area into the adjacent lots owned by Applicants and to further consolidate those lots into a lot(s) meeting all requirements ofchapters 50 and 59 of the Montgomery County Code; 3. The County Attorney must record among the Land Records ofmontgomery County, Maryland, a copy of this Resolution approving the abandonment of the subject area; and 4. Any person aggrieved by the action ofthe Council for abandonment may appeal to the Circuit Court within 30 days after the date such action is taken by Council. Staff Recommendations After discussions with Department oftransportation Staff and attorneys for the applicant, staff recommends a minor change in the language ofthe first condition to allow the applicant and Montgomery County Fire Rescue Services room to amend the safety plan as the situation arises. The new language is below and reflected in the resolution before the Council for approval. 1. The Applicants must agree to abide by the plan approved by the Montgomery County Office ofthe Fire Marshal dated September 6, 2013 which provides for fire department vehicular access and installation and maintenance of a water supply pursuant to the plan; which plan may be amended by agreement ofboth parties. This packet contains the following: County Executive's Transmittal Memorandum 1 Draft Resolution AB Letter requesting the abandonment from Linowes and Blocher, LLP 4-11 Executive Order No , Effective Date 2/11/ Public Hearing Officer's Report and Recommendation Maps noting locations ofareas to be abandoned and maps AB f:\arthur\transportation\three Sisters _Road\Three Sisters_Council_ doc 2

3 Isiah Leggett County Executive OFFICE OF THE COUNTY EXECUTIVE ROCKVILLE, MARYLAND MEMORANDUM July 22,2014 TO: Craig Rice, President Montgomery County Council > FROM: Isiah Leggett, County ExeCUtive ---P~ Office ofthe County Executive 1 J.... SUBJECT: DOT Docket No. AB740, Three Sisters Road The Hunt Club Subdivision, Potomac, 6 th Election District I am attaching for your consideration, a proposed Resolution by which the County Council might approve the abandonment ofa portion ofthree Sisters Road in The Hunt Club Subdivision ofpotomac. The following supporting materials are also attached to this memorandum: 1. County Council Resolution 2. Letter dated January 28, 2014, from Linowes & Blocher on behalf ofits clients, Glenstone Foundation and Mitchell Rales which initiated the abandonment process 3, Executive Order No , Effective Date February 11,2014, which announced a Public Hearing to be held on May 7, A copy of the Hearing Examiner's Report and Recommendation 5. A location map and tax map highlighting the area IL:rg Attachments (J)

4 Resolution No.: Introduced: Adopted: COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND By County Council SUBJECT: DOT Docket No. AB740 Abandonment - Three Sisters Road The Hunt Club subdivision, Potomac Background 1. By letter dated January 28,2014, the law firm of Linowes & Blocher, LLP, on behalf of its clients, Glenstone Foundation and Mitchell Rales, the Applicants, requested the abandonment of a portion ofthe public right-of-way known as Three Sisters Road in The Hunt Club Subdivision ofpotomac. The portion ofthe right-of-way for which abandonment is sought consists of approximately 38,082 square feet and runs southwesterly from its intersection with Glen Road approximately 560 feet and ending in a cul-de-sac, all as shown on a plat of subdivision titled "The Hunt Club" and recorded among the Land Records for Montgomery County, Maryland at Plat No (the "Abandonment Area"). The Applicants own all ofthe properties, consisting of eight (8) residential lots, abutting the Abandonment Area as well as other property located adjacent thereto. 2. A Public Hearing to consider the abandonment proposal was held on May 7, 2014 by the designee ofthe County Executive. 3. Verizon had no objection. 4. Washington Suburban Sanitary Commission consented to the abandonment request on the condition that the abandonment request be approved by M-NCPPC. 5. Washington Gas did not respond within 60 days and therefore, concurrence is presumed. 6. PEPCO did not respond within 60 days and therefore, concurrence is presumed. 7. The Montgomery County Police Department did not respond within 60 days and therefore, concurrence is presumed.

5 8. The Montgomery County Planning Board approved the abandonment request conditioned upon recordation ofa new record plat. 9. The Department oftransportation (DOT) recommended approval ofthe abandonment request. 10. The Department offire and Rescue Services had no objection provided that the flre department vehicular access and water supply are installed and maintained pursuant to the 9/06/2013 plan approved by the Montgomery County Offlce ofthe Fire Marshal. 11. The County Executive recommends approval ofthe proposed abandonment. Action The County Council for Montgomery County, Maryland, flnds that the portion ofthe Three Sisters Road right-of-way sought to be abandoned by the Applicants is no longer necessary for public use, pursuant to Section ofthe Montgomery County Code, and approves the abandonment subject to the following conditions, which must be satisfled at Applicants' sole cost and expense prior to the abandonment becoming effective: 1. The Applicants must agree to abide by the plan approved by the Montgomery County Office ofthe Fire Marshal dated September 6, 2013 which provides for fire department vehicular access and water supply is installed and maintained pursuant to the plan, which plan may be amended by agreement ofboth parties; 2. The Applicants must file a new subdivision record plat incorporating the Abandonment Area into the adjacent lots owned by Applicants and to further consolidate those lots into a lot(s) meeting all requirements of Chapters 50 and 59 ofthe Montgomery County Code; 3. The County Attorney must record among the Land Records ofmontgomery County, Maryland, a copy ofthis Resolution approving the abandonment of the subject area; and 4. Any person aggrieved by the action ofthe Council for abandonment may appeal to the Circuit Court within 30 days after the date such action is taken by CounciL This is a correct copy ofcouncil Action. Linda M. Lauer, Clerk ofthe Council

6 LINOWESI AND BLOCHER LLP ATTORNEYS AT LAW January 28,2014 Barbara A. Sears Scott C. Wallace, Bv Hand Delivery The Honorable Isiah Leggett County Executive Montgomery County, Maryland 101 Monroe Street Rockville, Maryland Re: Petition for Abandonment of a Portion of lbree Sisters Road, Potomac, Maryland (the "Petition") Dear Mr. Leggett: Petitioners, The Glenstone Foundation ("Foundation") and Mitchell Rales, request the abandonment of 38,082 square feet of right-of-way improved as a public road known as Three Sisters Road lying west of Glen Road in Potomac, Maryland pursuant to Section 49-62, et seq., of the Montgomery County Code (the "Abandonment"). The portion of lbree Sisters Road requested to be abandoned (the "Abandonment Area") is a dead-end, cul-de-sac road approximately 560 feet in length as shown and described on the Abandonment Plan attached hereto and made a part hereof as Attachment "1 ". I The Abandonment Area is also shown in yellow on the Montgomery County Tax Map attached hereto and made a part hereof as Attachment "2". The Petitioners own all of the properties abutting the Abandonment Area, consisting of eight residentia1lots as shown on the Abandonment Plan? As discussed in greater detail below, the Abandonment is requested to facilitate the expansion ofthe Glenstone museum, a non-profit museum operated by the Foundation on an approximately 127-acre site owned by Mr. Rales located immediately to the south and east of the Three Sisters Lots ("Glenstone"). The single-family homes on the Three Sisters Lots abutting the Abandonment Area are being I The portion ofthree Sisters Road east ofglen Road is not included in the Petition. 2 The eight residential lots that abut the Abandonment Area, collectively the "Three Sisters Lots", are ---sliown ona plat for "The-Hunt -Clilb"sil6aivislon recorded at Plat No:l3160 on October 17, 1980, as is Lot 9 recently purchased by Mr. Rales. A copy of Plat No is attached hereto and made apart hereof as Attachment "3". All ofthe Three Sisters Lots are zoned RE-2. The Abandonment Area was dedicated to the County by Plat No As shown in the deeds copied from the Land Records of Montgomery County, attached hereto and made a part hereof as Attachment "4", Mr. Rales owns Lot 1 of the Three Sisters Lots, as well as Lot 9 and the Foundation owns Lots 2-8 shown on Plat No **L&:B vlS/116S9.000l 7200 Wisconsin Avenue I Suite 800 I Bethesda, MD Fax I

7 LlNOWESI AND BLOCHER LLP ATTORNEYS AT LAW The Honorable Isiah Leggett January 28, 2014 Page 2 demolished as part of the expansion project and no other properties utilize the Abandonment Area for access or vehicular travel? Section 49-63(c)(I)-(2) of the Montgomery County Code (the "Code") authorizes the County Council to abandon a right-of-way, including a public road, upon a finding that "(1) the right-ofway is no longer necessary for present public use or anticipated public use in the foreseeable future. or (2) the abandonment or closing is necessary to protect the health, safety and welfare of the residents near the right-of-way to be abandoned or closed." As described more fully below and in the attached materials. the Abandonment requested by this Petition satisfies Section 49 63(c)(1) of the Code as the Abandonment Area is no longer be necessary for present public use or anticipated public use in the foreseeable future. BACKGROUND The Abandonment Area was dedicated by a subdivision plat recorded on October 17, 1980 by Plat No (Attachment "3"). The Abandonment Area is improved with approximately 560 linear feet of paving with two travel lanes totaling approximately 24 feet in width and terminating in a cul-de-sac. There are grass planting strips on both sides of the pavement. The Abandonment Area provides access to Glen Road exclusively for the Three Sisters Lots, which will no longer be used for houses as detailed below. No other properties are accessed from the Abandonment Area and the Abandonment Area does not connect to any public street other than Glen Road. See Vicinity Map, attached hereto and made a part hereof as Attachment "5". The Petitioners are requesting the Abandonment in conjunction with the construction of a visitors' arrival center and gallery (the "Arrival Gallery"), the Glenstone Landscape Sustainability Center (the "GLSC"). and associated visitors' parking lots on the Three Sisters Lots as part of the on-going expansion of the Glenstone museum. Glenstone opened to the public in 2006 and contains one of the world's finest collections of post-world War II art. Petitioners are expanding the existing Glenstone museum with primarily new gallery space and on-site art storage in order to fully realize its mission and allow more of its collection to be experienced by the public. The improvements proposed for the museum expansion, including the improvements on the Three Sisters Lots. are shown on the Conceptual Plan - Glenstone Museum Expansion (the "Conceptual Plan"). attached hereto and made a part hereof as A.ttachment "6". The expansion will enhance this unique cultural asset for the Countr,~ u~... An important part of the museum project is the construction of the Arrival Gallery, the GLSC, and the visitors' parking lots. These improvements will be located on the Three Sisters Lots,... 3 Lot 9 has direct access to Glen Road. **L&;B vI5/l )

8 LINOWESI AND BLOCHER LLP ATTORNEYS AT I..AW The Honorable Isiah Leggett January 28, 2014 Page 3 including portions of the Abandonment Area that are proposed to be incorporated into the Three Sisters Lots as shown in the Abandonment Lotting Plan, attached hereto and made a part hereof as Attachment "7". In order to construct the Arrival Gallery, the GLSC, and associated visitors' lots, six of the eight single-family homes have been demolished on Lots 2,4,5,6,7 and 8, and the remaining two houses on Lots 1 and 3 are vacant and will be demolished as part ofthe expansion project. Under the planned expansion, vehicular access to and from the museum facilities will be provided by two new driveways, one for visitors and a second limited to staff and service vehicles as shown on the Conceptual Plan (Attachment "6"), The Abandonment Area will not be required for access to any of the proposed improvements. The Arrival Gallery, GLSC visitors' entrance, and visitors' parking lots will be accessed by a new driveway approximately 800 feet in length located off of Glen Road, south and east of the existing intersection of Glen Road and Three Sisters Road. See Conceptual Plan. (Attachment "6"). Glenstone staff and service vehicles will access the museum facilities by a new service driveway off of Glen Road, located to the north and east of the existing intersection of Glen Road and Three Sisters Road. See Conceptual Plan. This service driveway will not be accessible to visitors. By providing separate driveways for visitors and staff/service vehicles, any possible conflicts between visitor, staff and service vehicles will be avoided. Further, an extensive internal pathway system for pedestrians and maintenance vehicles will connect all of the museum related uses, including the GLSC, the arrival gallery, the visitors' parking lots, and the existing and proposed museum buildings. See Conceptual Plan. Significant tree planting and landscaping in the area of the arrival gallery, GLSC and visitors' lots will create a park-like arrival area that initiates visitors to the Glenstone experience. Accordingly, the museum expansion provides for a unified and well-connected campus that utilizes the land owned by the Petitioners in a thoughtful and well-planned manner. Tbe Abandonment of the subject portion of Three Sisters Road allows the Petitioners to create a park-like entrance and achieve the most efficient layout for the museum facilities, facilitating the mission of Glenstone to seamlessly integrate art, architecture and landscape. THE PETITION FOR ABANDONMENT ection-49~6j(c-){-1_1-of.the-code-pemrits-the-gounty_council-t{}-abandon-a-right-of-way-i-f--it-findb that the same is no longer necessary for present public use or anticipated public use in the foreseeable future. As detailed above, the Petitioners own all of the lots abutting Three Sisters Road and are redeveloping the lots with museum facilities that will be accessed by new driveways off of Glen Road. Additionally, as discussed in a letter prepared by Glenstone's traffic engineering consultants, Wells & Associates ("Wells"), a copy of which is attached hereto ""L&B vIS!116S9.0001

9 LINOWESI AND BLOCHER LLP ATTORNEYS AT L.AW The Honorable Isiah Leggett January 28, 2014 Page 4 and made a part hereof as Attachment "8" (the "Wells' Letter"), Thee Sisters Road does not provide access to any other property. does not connect to any road other than Glen Road and is not situated within a network of roads; no property will be denied access to a public road as a result of the Abandonment. Therefore, Three Sisters Road is no longer necessary for any present or anticipated public use in the foreseeable future.. Further, as also stated in the Wells' Letter the two new driveways on Glen Road providing access to the museum facilities are sized and located to safely and efficiently accommodate museum traffic without the need to retain the Abandonment Area for vehicular use. An existing driveway into the museum grounds off of Glen Road is proposed to be closed as part of the museum expansion and with the abandonment, the project does not result in any additional curb cuts along Glen Road. Finally, all public utilities that currently exist in the Abandonment Area, as shown on the Existing Utilities Plan, which is attached hereto and made a part hereof as Attachment "9", will be relocated appropriately. as shown on the Proposed Utility Plan attached hereto and made a part hereof as Attachment "10", without disruption of service to any neighboring properties. Therefore, the Abandonment Area is also not necessary for use by public utilities. CONCLUSION As demonstrated above and in the enclosed materials, Petitioners have established that granting the Abandonment would be appropriate under Section 49-63(c)(1) of the Code because the Abandonment Area is not necessary for present or anticipated public use in the foreseeable future. Petitioners own all the lots abutting the Abandonment Area and the single-family homes on these lots are being demolished as part of the expansion of Glenstone detailed above. No other properties utilize the subject portion of Thee Sisters Road for access or vehicular travel. Moreover, the new musemn facilities that will be constructed on the Three Sisters Lots will be accessed from Glen Road by two new driveways that accommodate all traffic to the museum facilities and operate in a safe and efficient manner as detailed in the Wells' Letter. Finally, granting the Abandonment is necessary to facilitate the expansion of the museum in a manner that advances Glenstone's mission and enhances the experience of visitors..... Eetitioner-hasjncludecL-a-eomplete-1ist-of-adjoining.and-oonfrontmg-property OWE.0fS,wrneh is _ attached hereto and made a part hereof as Attachment "11". Also enclosed is a check in the amount of $2, for the filing fee associated with the Petition. We look forward to discussing the requested Abandonment in greater detail at the public hearing and will be available at that time to answer any questions. In the meantime, however, please do...l&b vl 5/1 I6S9.00()]

10 LINOWESI AND BLOCHER LLP ATTORNEYS AT LAW The Honorable Isiah Leggett January 28, 2014 Page 5 not hesitate to contact us if you have any questions or would like additional information. Thank you for your consideration. ~{It/~ Scott C. Wallace cc: Mr. Michael Cassedy Mr. Mitchell P. Rales Mr. Tony Cerveny Ms'. Anita Ayerbe Mr. William Landfair Mr. Christopher Kabatt **L&B vIS/I16S9.0001

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14 / *:...:,- --,-;:-.~. -7. '" :'.. MONTGOMERY COUNTY :~ ~.:"._~. U ~ EXECUTIVE' ORDER Offices ofthe County Executive.101 Monroe street Rockville. Maryland Subject: Abandonment of Three Sisters Road The Hunt Club Subdivision. Potomac Executive Orde No B Originating Department: Transportation eparbnent Number AS 01~14 Effective Date AB Pursuant to Section ofthe Montgomery County Code (2004) as amended., the County Executive or hi$ Designee shall conduct a Public Hearing at 7:00 p.rn.. on Wednesday May 7, 2014 Executive Office Building Lobby Conference Room 101 Momoe Street Rockville, MarYland to consider an application received from Linowes and Blocher on behalf ofits clients, the Glenstone F ouridation and Mitchell Rales, the Applicants, seeking abandonment ofa portion ofthree Sisters Road in The Hunt Club Subdivision ofpotoitiac. 2. After the aforesaid Hearing, the Hearing Officer shall report his findings and recommendations to the County Executive for further consideration as prescribed by County Code. Approved as to FonD. ~d Legality Office ofthe County Attorney APPROVED By: Eric C. Willis Assistant County Attorney ona Bell-Pearson Assis_~<lIniDhtiative?t Date: 2./6 /1'1 Date: It 21J1 eer ) Distribution: Department of Transportation Department offinance

15 OFFICE OF THE COUNTY EXECUTIVE ROCKVILLE, MARYLAND Isiah County Executive IN THE MATTER OF: Abandonment Petition AB740 Petition for the Abandonment of Three Sisters Road in the Hunt Club Subdivision of Potomac, Maryland. BEFORE: Michael L. Subin, Public Hearing Officer PUBLIC HEARING OFFICER'S REPORT AND RECOMMENDATION I. Background The Glenstone Foundation and Mitchell Rales (the "Applicanf'), submitted a request dated January 2, 2014, requesting the abandonment of Three Sisters Road in the Hunt Club Subdivision ofpotomac, Maryland. (Exhibit 1) Executive Order 38-14, authorizing the hearing, was issued on February 11, (Exhibit 2) Notices were sent to nearby civic associations, residents, public utilities, and public agencies. (Exhibit 3) Public notice ofthe hearing appeared in The Montgomery Sentinel on April 24 and May 1,2014. (Exhibit 4) Signage was posted at the site ofthe abandonment. (Exhibit 6) A public hearing was held on May 7, 2014, at approximately 7:03 p.m., in the Lobby Auditorium ofthe Executive Office Building, 191 Monroe Street, Rockville,:MD n. Summary of Testimony and Evidence At the hearing on the proposed abandonment, Mr. Michael Cassedy, representing the Montgomery Department oftransportation (,'MCDOT"), testified on behalf ofthe Department. Mr. Cassedy read into the record the evidence and exhibits required by the Montgomery County Code (2004) as amended (the "Code''). In addition to reading the exhibits into the record, Mr. Cassedy testified that his office requested comments from the public, government agencies, and public utility companies in fijlfil1ment ofthe requirements of ofthe Montgomery County Code (2004), as amended. He then testified as to the elements ofthe project The ROW was dedicated for public use by Plat No It is 60-feetwide and runs southwesterly from its intersection with Glen.,.;;::-:....."~:t {~'Mc31s1v montgomerycountymd.gov/311 'Hi'1J;i1I1_. II,11I TTY

16 Road for approximately 560-feet and ends in a cui-de-sac. He indicated that the Applicant owns all ofthe adjoining properties. (Exhibit 5) Mr. Cassedy then stated that Ms. Barbara Sears, counsel for the Applicant, would describe the Applicant's project in detail. Prior to presenting several experts who would provide specifics and clarity with respect to the project, Ms. Sears expressed the view that the right-ofway (ROW) was no longer necessary for present or anticipated public use in the foreseeable future. The first to speak was the Applicant's ChiefOperating Officer, who described the subject property. The property contains nine lots, has been assembled by the Applicant, and represents the entire Hunt Club Subdivision. The Applicant maintains a facility, opened in 2006 with a modern art collection, which he desires to share with the public, and intends to expand the building housing the collection. In doing so, it is their intention to create an environment conducive to a better appreciation ofthe aesthetics ofthe landscape and the safety ofthe visitors. In order to do that, the Applicant plans to rearrange the current entrance to the property on Glen Road, and add an additional entrance and driveway for a better flow ofthe traffic and safety of the visitors. The next to speak was the Civil Engineer for the project. He indicated that any utilities entering the property located adjacent to Three Sisters Road are meant to only serve the development and are not intended to serve any off-site properties. In order to accommodate the proj ect, some ofthose utilities will need to be relocated. The Applicant is working with PEPCO and Washington Gas to meet any new requirements that it may have. The storm water management system and sediment control permit was obtained in June, A forest conservation plan was approved in June, The Applicant's Traffic Engineer Planner stated that the abandonment request is in conformance with Ch. 49 ofthe Code. The Traffic Engineer assured the Hearing Examiner that the traffic. plan would provide greater sight distance on Glen Road and additional emergency. service access to the property. In the Traffic Engineer's estimation, Three Sisters Road is not needed for present or anticipated use in the foreseeable future, and that there are no plans or recommendations for extending the road. In an dated March 14, 2014, Verizon expressed no objection to the Abandonment. (Exhibit 7) 2

17 The Office ofthe Fire Marshal, Department offire and Rescue Services, in an dated March 11, 2014, had no objection to the abandonment provided that emergency services have vehicular access and that the water supply is installed and maintained per the September 6, 2013 plan approved by the Montgomery County Office ofthe Fire Marshall. (Exhibit 8) Exhibit 9 is a memorandum from the Department oftransportation, dated May 7, 2014, recommending approval. WSSC recommended approval conditioned upon the approval ofthe Maryland National Capital Park and Planning Commission (MNCPPC) within l80-days. (Exhibit 10) The action of electing not to submit comments is regarded by the Hearing Officer as agreement to the proposed Abandonment. Exhibit 31 is a letter dated May 7, 2014 from the Maryland National Caapital Park and Planning Commission (MNCPPC) recommended approval ofthe project predicated on two conditions: 1. The petitioners must submit a minor subdivision record plat application to consolidate the right-of-way-into the adjacent lots and to further consolidate those lots into a lot(s) meeting all requirements of Chapters 50 and 59 ofthe Montgomery County Code; and, 2. recordation ofthe plat (s) must occur prior to the completion date established by the County Council. Neither the Montgomery County Police Department, Washington Gas, the Montgomery County Public Schools, nor PEPCO submitted any comments. There was no testimony, oral or written, opposing the abandonment or the project. ID. Conclusions and Recommendations The abandonment ofroad rights-of-way is governed by the provisions of 49-63, Montgomery County Code (2004), as amended. Section permits application for the abandonment of a right-of way by any person or government agency; provides for public agency and utility company review; and, requires a public hearing with notice. I fmd that the hearing and notice procedures have been satisfied, and that the public, public agencies, and utility companies have been given an opportunity to review the petition for abandonment and closure as described above. Section allows abandonment ifthe ROW is not needed for public use or ifthe abandonment is necessary to protect the health, safety and welfare ofthe residents in the neighborhood or the general public. In determining health, safety and welfare issues, the

18 Council may consider: 1) any adopted land use plan applicable to the neighborhood; 2) the safe and efficient pedestrian and vehicular traffic patterns and flows, together with alternatives in the immediate neighborhood for local and through traffic; or, 3) changes in fact and circumstances since the original dedication ofthe right-of way. In this case, I find that the abandonment turns on whether or not the ROW is needed for public use and whether there have been changes in fact and circumstance since the ROW was creatoo. I frod that the ROW is not needed for public use and that there have been no changes in fact and circumstances since the right-of-way was created. Consequently, based on testimony and the record, I find that the proposed abandonment ofthree Sisters Road in the Hunt Club Subdivision ofpotomac, Maryland, will be in the public interest, and meets the provisions of The "public interest" is a broad concept that manifests itself in a variety ofcontexts. When, as is the. case here, the abandonment is considered to be in the "public interest" ifit will do such things as promote the general health and safety of the citizenry, protect the environment, preserve open space, or otherwise advance the community's quality oflife. (See City ofmonterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 701 (1999» This includes providing for the safe and efficient flow ofvehicular and pedestrian traffic generally. (See, Wheaton Moose Lodge No v. Montgomery County Maryland, 41 Md. App. 401, 397 A.2d 280 (1979» I find that the proposed project will protect the environment, preserve open space, and advance the community's quality oflife. However, the application the abandonment is to be conditioned upon: 1. the verification ofthe Office ofthe Fire Marshall that the Applicant has satisfied the requirements ofthe September 6, 2013 as approved by the Office ofthe Fire Marshall: 2. The petitioner must submit a subdivision record plat application to consolidate the right-of -way into those adjacent lots and to further consolidate those lots into a 10t(s) meeting all requirements ofchapters 50 and 59 ofthe Montgomery County Code; and, 3.. recordation ofthe plat (s) must occur prior to the completion date established by the County Council. Signature Page Follows 4

19 I!l~L Michael L. Subin ::l~, Date 1-4) 2.-1() 1Y I \ I have reviewed the Public Hearing Officer's Recommendations regarding AB740, the abandonment oftbree Sisters Road in the Hunt Club Subdivision ofpotomac land, and it is hereby APPROVED.... ~. ~'Z;;ggett, Coun :g1te 5

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