The Land Lawyers Blog

Stafford County Board of Supervisors Approves Burns Corner

Posted on by Brigitte Flores

On December 15, 2020, the Stafford County Board of Supervisors unanimously approved a commercial development known as Burns Corner which is located on the east side of the new Courthouse Road interchange at the I-95 Exit 140. The approval included a rezoning to B-2, Urban Commercial to permit approximately 780,600 square feet of commercial uses which permits general retail, grocery store, medical office, a pharmacy, and a hotel. In addition, the Board approved two conditional use permits. The first conditional use permit allows for 5 drive-through restaurants and the second conditional use permit allows for the construction of a Sheetz with a drive-through. The land use team included Jonelle Cameron with Bryan Guidash assisting with deed approval associated with site plan approvals.

Image Source: The Engineering Groupe, Inc.

Image Source: SKA Studio

Image Source: SKA Studio

Herndon Town Council Approves Quadrangle’s Four-Building Mixed-Use Project

Posted on by Brigitte Flores

Image Source: LandDesign

On November 17, 2020, the Quadrangle Development Corporation, with the expert assistance from Senior Land Use Planner Elizabeth Baker and Land Use Planer Bernard Suchicital, received unanimous approval from the Herndon Town Council to build a mixed-use development of up to 1.5 million square feet (1.25 FAR) at Fairbrook Park in the southeast part of the Town.

The developer acquired the 28-acre site at the intersection of Herndon Parkway and Fairbrook Drive in 1984. It built one office building on the site, a two-story structure totaling 80K SF. The site has long been approved for three additional office buildings and a hotel, but the developer sought to change the plans to increase the gross floor area and add residential and retail to the mix. Given its size, and its location adjacent to the Dulles Toll Road and within a half-mile walk from the future Herndon Metro Station, the site is well suited to creating a mixed-use community. The introduction of residential and retail uses are viewed as important elements that will enhance the opportunities for office development. The Herndon Town Council approved the new plans under the Landmark Business Alternate Overlay regulations. The Council approved four buildings with a land use mix of 60% residential/daycare/retail, and 40% office:

  • 19-story office building totaling 360,000 square feet
  • 10-story office building totaling 240,000 square feet
  • Eight-story residential building totaling 410,000 square feet
  • Eight-story residential building totaling 470,000 square feet, and up to 10,000 square feet of ground floor retail use and 10,000 square feet of daycare use

The office buildings were approved with a height of up to 275 feet, creating a prominent architectural feature along the Toll Road. Residential buildings can range in height from 65 to 105 feet, and feature large exterior courtyards to complement the interior residential amenity areas.

This application allows for the future extension of Fairbrook Drive, connecting it from Herndon Parkway to Spring Street at the Fairfax County Parkway ramp intersection. Quadrangle will be dedicating the land and constructing Fairbrook Drive across its property and making a monetary contribution to the Town for the off-site extension of the road. The staff report noted that while the Fairbrook Drive extension is necessary to mitigate the increased traffic from this development at full build-out, only approximately 37% of peak hour traffic on the extension would be associated with the Fairbrook development The remaining traffic is generated from sources elsewhere in Town and nearby expected growth.

Elizabeth worked closely with the Quadrangle development team and Town staff to gain approval of two additional concurrent applications for the site. The first request allows for an encroachment into the Resource Protection Area, and the other allows for development in the floodplain.

Quadrangle’s development team included DCS Design architects, VIKA civil engineers, LandDesign landscape architects, Wells + Associates transportation consultants, and Wetland Studies and Solutions, Inc. environmental specialists.

 

Image Source: LandDesign

Image Source: DCS Design

Arlington County Approves Update to Green Building Incentive Policy

Posted on by Brigitte Flores

At its December 12, 2020 hearing, the Arlington County Board approved a substantial update to its Green Building Incentive Policy, a voluntary program that developers may participate in to earn bonus density to support development projects subject to Administrative Regulation 4.1 Special Exception Site Plan approval. The incentive policy was first adopted by Arlington County in 1999 with the goal of incentivizing sustainable buildings and reducing the environmental impacts of buildings. Since then, the incentive policy has been widely used by developers across Arlington County.

With this latest update, the County took its most aggressive approach to date in furthering its sustainability goals. Last year, the County Board adopted a “Community Energy Plan” with the goal of becoming Carbon Neutral by 2050. Whereas the previous version of the incentive policy allowed developers to earn bonus density for LEED Silver certified construction, the update eliminates any bonus density for LEED Silver and makes LEED Gold a minimum standard for participating in the program. The revised incentive structure introduces new tiers where developers can earn increasing levels of bonus density for LEED Gold (the new minimum requirement), energy efficiency optimization, Energy Star certification, on-site energy generation or off-site renewable energy purchase contracts, electric vehicle charging stations, and more. The updated incentive policy also forgoes the Arlington Priority Credit system in lieu of a menu of items on the “Extra List” that developers may choose from and implement.

Throughout the community engagement process, County staff received feedback from several stakeholder groups, including NAIOP, who expressed their concern that the new incentive policy will make it more difficult for developers to do business in Arlington County. Particularly, the new Energy Star certification levels will be costly and add to the general difficulty of securing financing for projects with the new requirements.

Ultimately, the revised incentive policy will substantially increase developers’ costs in constructing Administrative Regulation 4.1 Special Exception Site Plan projects with bonus density through the green building incentive program. Administrative Regulation 4.1 Special Exception Site Plan projects formally accepted before March 12th will be grandfathered under the previous incentive policy. The County Board was clear during its deliberations, however, that applications accepted between now and March 12th will be encouraged to participate in the new incentive policy.

New COVID-19 Restrictions in Virginia

Posted on by Brigitte Flores

As most Virginians are aware, Governor Northam announced additional COVID-19 related restrictions statewide that went into effect at 12:01 a.m. on Monday, December 14. The restrictions include a modified stay at home order and a limit of 10 individuals for social gatherings. This mandate will be in effect through January 31, 2021 unless rescinded or amended.

Following are some of the new measures that took effect at 12:01 a.m. on Monday, December 14:

Universal mask requirements: All Virginians aged five and over are required to wear face coverings in indoor settings shared with others and when outdoors within six feet of another person. This order expanded the previous statewide mask mandate.

Reduction of social gathering limit to 10 people: All public and private in-person gatherings must now be limited to 10 individuals, down from the previous cap of 25 people. This includes outdoor and indoor settings. Social gatherings include, but are not limited to, parties, celebrations, or other social events, regardless of whether they occur indoors or outdoors. This does not apply to religious services, employment settings, or educational settings.

Modified stay-at-home order with curfew between 12:00-5:00 a.m.: All individuals in Virginia must remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m. Exceptions include obtaining food and goods, traveling to and from work, and seeking medical attention.

Continued limits on dining, retail, recreational establishments: Virginia businesses, including but not limited to, restaurants, retail, and gyms are currently governed by strict social distancing and sanitization requirements. For the latest requirements included in the Governor’s newest Executive Order Seventy-Two, click here.

Virginia’s Emergency Temporary Standards continue to apply to all businesses, even those that may not be specifically listed in the Executive Orders’ workplace requirements.

Our Covid-19 Response Team continues to be available to any individual or business that needs help interpreting the requirements of the Executive Orders or the Emergency Temporary Standards.

City of Manassas Park Approves Village at Manassas Park Rezoning

Posted on by Brigitte Flores

On October 20, 2020, the City of Manassas Park Governing Body approved the last element of a major rezoning application for the Village at Manassas Park that will provide the missing link to the City’s long envisioned downtown area, and that will completely transform the City’s center. Construction is set to begin in the early Spring of 2021.

On November 20, 2019, Norton Scott, through its subsidiary Village at Manassas Park, LLC, submitted an unsolicited proposal under Virginia’s Public-Private Education Facilities and Infrastructure Act of 2002 for the development of a substantial portion of downtown. The proposal included a New City Hall with governmental and administrative offices and a public library, a public plaza, a 6,500 square foot commercial/retail building, a 40,678 square foot entertainment/retail anchor, with an additional 3,600 square feet of in-line ground retail/restaurant space and 36,828 square feet of commercial offices, and 300 two-over-two townhomes. The Virginia Railway Express will construct a new 600 plus space structured parking garage, on land purchased by Norton Scott and provided to the City, to serve the relocated VRE station. The site will be owned variously by the City, the VRE, and Norton Scott.

The property is located in the City Center Redevelopment District and the goals set out in the City’s Comprehensive Plan will be significantly advanced by the addition of the desired mix of uses – civic, entertainment, commercial recreation, parking, and housing which fulfills the City’s long held plans for the revitalization of the City Center. The project incorporates a unique design that will create a City Plaza and a center based on an anchor business that is anticipated to focus on entertainment. Thanks to the level of cooperation between the City and Norton Scott, with the City particularly well represented by City Manager Laszlo Palko and City Attorney Dean Crowhurst, the project is designed as a cohesive and integrated community on 22 ½ acres, that will bring life and activity to the City Hall area with entertainment, restaurants, retail, and residents immediately adjacent to the new VRE Garage. Buildings will feature differing heights, pleasing design, and a lively streetscape to enhance and accommodate the increased density envisioned in the Comprehensive Plan. The proposal is multi-modal, and encourages pedestrian and bicycle traffic.

On June 16, 2020, the Governing Body approved a PPEA Comprehensive Development Agreement between itself and Norton Scott, and the rezoning of the first Phase of the project that will consist of the New City Hall Building, public Plaza, the VRE garage, the retail/commercial building and up to 164 two-over-two townhomes. The October 20th rezoning approved the second Phase, which will following immediately upon the first, and will consist of the entertainment/retail anchor with an additional 3 in-line ground floor retail/restaurant spaces and the commercial office space. The remaining two-over-two townhomes will be completed.

In a unique land use twist, the first Phase of the Rezoning was City-initiated and unproffered, as part of the Comprehensive Agreement’s financing component. That Agreement required Norton Scott to reach back and impose blanket proffers on the entire project with the second Phase rezoning.

The land use and zoning team of John Foote and Jonelle Cameron assisted Norton Scott and its team of superb consultants through the complex Public Private Partnership, the Comprehensive Agreement, and the ultimate approval of the proposal.

 

Image Sources
Top Image – David, Carter, Scott, Ltd.
Bottom Image – Land Design Consultants, Inc.

Fairfax County Land Use Updates

Posted on by Brigitte Flores

During the unusual year that 2020 has been, Fairfax County has been busy implementing important changes regarding land use and development. In July, the Board of Supervisors directed staff to revise the County’s Workforce Dwelling Unit (WDU) Policies (Countywide and Tysons) in accordance with the WDU Policy Task Force’s recommendations. On September 15, 2020, the Board adopted an Economic Incentive Program, and in November, the Board will consider residential development within the Airport Noise Impact Area of Dulles Airport.

The Board has prioritized the provision of affordable housing at various income tiers in Fairfax County. The Board adopted Guidelines for WDU Policy in 2007, followed by Guidelines for WDU Policy in Tysons in 2010. The Board and the residential development community acknowledged a need for updates to respond to the increasing demand for affordable housing in Fairfax County. The Board established a WDU Policy Task Force that began meeting on March 27, 2019. Based on the recommendations of the Task Force, the Board directed staff in July to integrate the Task Force’s recommendations into the current WDU Guidelines. The Board anticipates taking action on revised WDU Policies in February of 2021. The WDU Policy Task Force recommended the following:

In both the Countywide and Tysons Policies, the total percentage of WDUs has decreased, but the WDUs will be offered in lower income tiers. The WDU Policy Task Force also recommended that the new provisions be evaluated five years following the Board’s adoption of the Comprehensive Plan Amendment to revise the WDU Policies. The representatives of the residential development community serving on the WDU Policy Task Force proposed an alternative policy, and did not support the recommendation of the Task Force. Several multi-family residential developers and their representatives continue to work with Board members to resolve this issue.

The Economic Incentive Program provides financial and regulatory incentives to eligible developments during specified ten-year time periods within six Economic Incentive Areas. Economic Incentive Areas are located in Annandale, Bailey’s Crossroads and Seven Corners, Lincolnia, McLean, Richmond Highway, and Springfield. Commercial, industrial, and multi-family residential developments within these areas must be comprised of at least two contiguous parcels totaling at least two acres to take advantage of the program. The financial incentives offered include a partial abatement of real estate taxes on the difference between the property’s base value and post development value. Additionally, the program offers expedited scheduling of zoning applications, concurrent processing of Comprehensive Plan amendments and zoning applications, a 10% reduction of site plan fees, and concurrent processing of a site plan and zoning applications. The 10-year tax abatement period varies by area.

Airport noise is the subject of continued discussion in Fairfax County. Washington Dulles Airport (IAD) and National Airport (DCA) have been operating in the Northern Virginia area for over 50 years and provide a valuable service to Fairfax County residents and other surrounding jurisdictions. As the population in Northern Virginia has increased, the issue of airplane noise has become increasingly important to the residents of Fairfax County and to the Metropolitan Washington Airports Authority (MWAA). In March of 2019, MWAA presented an Aircraft Noise Contour update to the Board. This update was mainly associated with the noise contours surrounding IAD, specifically the development density within the Dulles Suburban Center. The discussion regarding whether residential development is appropriate in this area remains ongoing.

These policies and programs will have important consequences for future development in Fairfax County. Additionally, they give insight into the decisions and priorities of the new 2020 Board. There will certainly be more to watch in the upcoming months.

Arlington County Board Approves Pike West Apartments for Development in Columbia Pike Corridor

Posted on by Brigitte Flores

On November 14, 2020, the Arlington County Board voted unanimously to approve a special exception use permit submitted by Merion Companies for the new residential development on South Greenbrier Street, pursuant to the Columbia Pike Neighborhoods Form Based Code.

Located on the western end of Columbia Pike, the site is currently home to the Greenbrier Apartments comprising of 18 garden-style apartment buildings with 117 market rate affordable units constructed in 1949. The approved development represents Phase 1 of the project, demolishing 90 units in 14 buildings with the remainder of the Greenbrier Apartments to be redeveloped in a future Phase 2.

Phase 1 of the Pike West development will contain 400 units in a new 6-story building. Merion Companies will have the option to deliver either 93 committed affordable units (“CAFs”) or 124 CAFs with the development, due to the flexibility allowed in the Neighborhoods Form Based Code. In either event, the proposed development will deliver more affordable housing than currently exists on the site, achieving a substantial goal of the Form Based Code.

Cathy Puskar, a land use attorney and firm shareholder with extensive experience in the Columbia Pike Neighborhoods and Commercial Centers Form Based Codes, and land use attorney Lauren Riley, guided Merion Companies through the use permit review process. The approval process involved coordinating with the client and consultant team, negotiating with County staff, conducting community outreach, and presenting the application to various commissions and the County Board. In addition to the use permit approval, Cathy and Lauren also coordinated the effort to amend the Arlington County Master Transportation Plan and the Western Subarea Regulating Plan of the Neighborhoods Form Based Code to relocate and reclassify two planned streets to alleyways to facilitate a logical building footprint based on the geometry of the site, which in turn, maximized development on the site.

During the County Board hearing, several County Board members commented that the project will preserve valued affordable housing in the area while also bringing many market-rate units to an area where multi-modal transportation is improving, making it easier for people to travel without cars. The Pike West project realizes the goals of the Columbia Pike Neighborhoods Form Based Code and will be a welcome addition to the Pike.

 

Image Source: KGD Architecture

JK Technology Park #1 Gains Approval in Loudoun County

Posted on by Brigitte Flores

Walsh Colucci assisted the applicant, JK Land Holdings, in the recent approval of a rezoning and special exception application for a 71.5-acre technology park permitting up to 3,117,154 square feet of technology and industrial uses in Loudoun County.  The JK Technology Park #1 is located just north of Route 50 immediately adjacent to the future extension of Northstar Boulevard. In fact, over 11 acres of the site will be set aside to accommodate the future construction of Northstar Boulevard, a major north-south roadway in Loudoun County.

The rezoning encountered many challenges on its path to approval.  The recently adopted 2019 General Plan does not support non-residential uses at this location.  Rather, low density residential uses were preferred by county staff despite a third of the site being located within the LDN 65 airport noise contour, which pursuant to the Revised 1993 Loudoun County Zoning Ordinance does not permit any new residential lots.  Additionally, neighboring residents from by-right communities bordering the airport noise contours voiced their concerns about the application.

The applicant addressed these concerns by hosting multiple community meetings and agreeing to proffer commitments that mitigate the impacts of the application.  Specifically, the applicant agreed to place over 19 acres of nearby land into conservation easement; limit the timing of the development’s construction to align with the construction of Northstar Boulevard; reroute development traffic away from adjacent neighborhoods; install environmentally beneficial development practices such as permeable pavement, low impact development water filtration features, and underground cisterns; and agree to preserve ample on-site open space, including the railroad bed of the former Manassas Gap Railroad.

Through its willingness to work with County representatives and neighbors, the applicant was able to find common ground and gain near unanimous support for the JK Technology Park #1 from the Loudoun County Board of Supervisors on October 20, 2020.

 

Image Source: Urban, Ltd.