Naples Commercial LLC: 4912 Del Ray Avenue Bethesda, Maryland 20814 (301) 657-9900 Ext.129 FAX (301) 657-8412

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NAPLES COMMERCIAL LLC

4912 Del Ray Avenue


Bethesda,Maryland 20814
(301) 657-9900ext.129
FAX (301) 657-8412
kap;@guantumco.net

February20, 2008
VIA e-mail [email protected]
& facsimile (301) 495-1304
Ms. MargaretK. Rifkin
The MontgomeryCountyDepartmentof Planning
The Community-BasedPlanningDivision
8787 GeorgiaAvenue
Silver Spring,Maryland 20910

Re: White Flint View (fonnerNoland Plumbing)


5511 NicholsonLane,White Flint Industrial Park
White Flint SectorPlan StatusReportdatedJanuary24,2008

DearMargaret:

This confirms our telephoneconversationof today.Referenceis madeto the above-


captionedstaff StatusReportaswell asto our letter addressedto you datedAugust 10,
2007. The staff StatusReportappearsto recommendan FAR of 3.0-4.0to the property
acrossCitadelAvenue from our propertyandan FAR of 2.5 for ourproperty. Both of the
propertiesare approximatelyequidistantfrom the White Flint Metro Station.This
inconsistentrecommendationseemsto be especiallyanomaloussincewe dedicatednearly
30%of our lot to the Countyfor the constructionof NicholsonLane.

As a matterof principle, it seemsto us that FAR shouldbe awardedto those


propertiesthat canmakeuseof it. Again, referenceis madeto our August,2007 letterto
you. Marketcontactshaveadvisedus thatwe needto build largerunits andthus we require
more FAR to accommodatemarketdemand.The housingwe haveplannedis high end and
balancesnicely with the varied housingplansof othernearbypropertyowners.Also, our
retail storefrontsandupscalemerchantswill contributeto a lively streetscape
along both
NicholsonLaneand CitadelAvenueand setthe tone for the NicholsonLaneRetail District.

We are working closely with Perry Bennan and the 12 property owners comprising
the Nicholson Lane Urban Village al}d the FAR we are seeking is in accord with that
group's plans. See Mr. Bennan's letter to Dr. Hanson dated January 31, 2008.

We understandthat staff is undertakinga completereview prior to issuingits plan.


Kindly assistin the schedulingof a near-termmeetingwith the Chairmanand othersto
considerour requestfor at leastthe FAR recommendedfor the property directly across
CitadelAvenuefrom ours on NicholsonLane.I look forward to hearingfrom you.

Very

t-apJ
Kapastin, General Counsel
cc: John A. Carter, Chief, via facsimile (301) 495-1310
f
NAPLES COMMERCIAL LLC
4912 Del Ray Avenue
Bethesda,Maryland 20814
(301) 657-9900ext.129
FAX (301) 657-8412
kaoCQ2auantumco.net

August10, 2007

VIA FACSIMILE 301 495-1304and Via E-Mail Mar aret.Rifldn


Ms. MargaretK. Rifkin
The MontgomeryCounty Departmentof Planning
The Community-BasedPlanning Division
8787 GeorgiaAvenue
Silver Spring,Maryland 20910-3760

Re: White Flint Sector Plan -White Flint View


(Noland Plumbing)
5511 Nicholson Lane, White Flint Industrial Park
Preliminary Plan #120070380
DearMargaret:

This is to bring you up to date on the statusof the White Flint View project as well
as to makea requestfor considerationof increasingthe FAR of the site aspart of the White
Flint SectorPlan efforts.

On July 12, 2007, the Planning Board approved the Preliminary Plan, subject to
nine (9) conditions, including a condition that the development be limited to a maximum of
183 multiple-family dwelling units with a minimum 12.5% MPDUs and 29,500 square feet
of general retail use, including sit-down restaurantuse.

The developmentis furthersummarizedasfollows:

1. Grosstract area:81,304squarefeet
2. Proposed dedications(right of way: 19,644 square feet; prior
dedication: 10,249squarefeet)
3. Net lot area:51,411squarefeet
4. A maximumof 183multi-family dwelling units
5. Maximum FAR 2.4 (which translatesinto 195,129squarefeet,
basedupon a grosstract areaof 81,304squarefeet; 194,732square
feet proposed)
6. Retail squarefootage:29,500squarefeet (including 10,000square
feetof restaurant,assuming60% patronarea)
7. Parking spaces (without reductions for proximity to Metro):
required:498;provided: 536
8. Building heightproposed:16 stories;173 feet (180 feet permitted)
9. MPDUs: l~% of 183 = 28
Ms. MargaretRifkin
August 10,2006
Page2

On August 3, 2007, Naples Commercial LLC executed and delivered a Deed of


Dedication, in recordable form, to Montgomery County, dedicating, among other things,
19,651 of the parcel as a perpetual right of way easement for the Citadel Avenue CIP
Project. The County just this week issued the Notice to Proceed for the construction of the
extension of Citadel Avenue to Huff Court at Nicholson lane.

White Flint View is within walking distanceof the Metro stationand is at the key
intersectionof NicholsonLane and Huff Court/CitadelAvenueextended,not far from both
ffiG's recently approved 22 story White Flint Crossing acrossRockville Pike and the
LCOR development.The current Sector Plan recommendsC-2 zoning for White Flint
View, yet the Projectis surroundedby recommendedTS-M development.

On April 18, 2006, the County Council adoptedZoning Text AmendmentNo. 05-
12 as OrdinanceNo. 15-68,creatinga specialdevelopmentprocedurein the C-2 zone for a
transit-orientedmixed usedevelopment.This specialdevelopmentprocedurewas intended
to be an incentive for the roadwayimprovementproject in conjunctionwith redevelopment
of the C-2 zonedNoland Plumbing(White Flint View) propertyso that residentialandnon-
residential uses that promote and serve transit ridership in a Metro Station Policy Area
could be sitedthere. ModeratelyPricedDwelling Units were requiredand a floor arearatio
of2.4 was establishedtherefor, with a maximumheightof 180feet.

While we support the staff s current proposed Sector Plan, land use and
transportation recommendations; and, we believe, too, that the White Flint area should be
designated as a new downtown, we continue to believe that the White Flint View Project
with the associated construction of Citadel A venue represents a critical building block in
the transit-oriented development scheme for the area. In other words, we believe that White
Flint View deserves similar density considerations to projects already approved and the
future Sector Plan recommendations for other properties in the surrounding area. Given the
anticipated household and job growth in North Bethesda, more new apartments and for sale
units need to be built to accommodate such growth.

Thus, joining the opinion of Fitzgerald Properties and others, we believe that Metro
bus -"Block 11", including the White Flint View Project, should be given the same
redevelopment potential as that recommended for the LCOR block under the 1992 Master
Plan -FAR 3.0. Both blocks are very close to the Metro station area and can provide an
excellent integrated form of development. FAR 3.0 will also allow the creation of an
integrated super block campus that includes the long term joint use of the Washington
Metropolitan Area Transit Authority's bus facility. A mixed street or pedestrian path can be
constructed along the middle of this block. New local streets, like Citadel Avenue, can
connect northward to LCOR's development and southward to the White Flint Mall.
MargaretRifkin
August 10,2007
Page3

White Flint View provides many opportunitiesto contributeto the urban node in
North Bethesda. In additionto a housingopportunity,the propertyimprovesthe systemof
pedestrianand bicycle connectivitythrough Citadel Avenue extendedto the Metro station
and insureshigh quality design featuresin its development. The retail uses on the street
levels of our project will enliven the area and also provide a more attractive pedestrian
experiencefor thosetraveling betweenthe Metro andWhite Flint Mall.

Seekingto createthe best developmentwe can, we have consultedwith numerous


residentialdeveloperswith a view toward a joint developmentof the plannedmixed useof
residentialand retail. Theseresidentialexpertshave advisedus that the unit sizeswe had
plannedwithin the 2.4 FAR aretoo small for the expectedmarket. Making a changeto the
size units that potential buyers and rentersdesirewould yield only 140 units, not the 183
units that are approved.Should only 140units be constructed,six of the 28 MPDUs would
be lost. Thus, we believe that the anomalyof FAR 2.4 for White Flint View vs. FAR 3.0
for other similarly situatedpropertiesshouldbe correctedin your recommendations for the
SectorPlan update. (We recognizethat a conforming modificationto the C-2 Zone Special
DevelopmentProcedurewould be required for implementation,as we do not wantto affect
the basic C-2 Zone.)

Thank you for considering our request. We would like to meet with your team to
discuss these issues whenever you feel it is appropriate.

Very truly yours,

@
Marc "Kap" Kapastin, General Counsel

# 4720811_v2

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