Source: Photography by Terri

Our client, the Robert and Dee Leggett Foundation, a 501(c)(3) organization based in Loudoun County, Virginia, together with the Blue Ridge Center for Environmental Stewardship and the Old Dominion Land Conservancy, is happy to announce the donation of more than 600 acres to the Commonwealth of Virginia for the creation of a new state park. After nearly a year of planning, drafting, negotiation and evaluation of the project the deeds were signed late in 2013, and the Governor announced the donation on January 10, 2014. The announcement was widely published in the Washington Post and other regional news outlets. Former Governor Bob McDonnell, Secretary Domenech, Delegate Minchew, Delegate LaRock, and others thanked the Leggett family for their generosity.

WCL&W was hired to assist in evaluating the feasibility of the project, determining what tax incentives might be available, drafting all relevant documentation, and to assist in negotiating the donation with the Old Dominion Land Conservancy and Department of Conservation and Recreation. Attorney McWilliams’ strong background in tax matters and prior experience with conservation easements, mitigation banking, charitable entities, and environmental/tax incentive programs enabled WCL&W to develop a solution that ultimately provided the Robert and Dee Leggett Foundation with significant land preservation tax credits in exchange for a donation they wanted to make to preserve one of the most scenic – and historically important – portions of Loudoun County, Virginia for future generations.

The Blue Ridge Center for Environmental Stewardship remains operational on the 600 acres as well as an adjoining property and is open to the public as a place to hike, enjoy nature, and participate in environmental learning programs. They also host activities in conjunction with many local partners, including Loudoun Wildlife Conservancy, U.S. Trail Ride, the American Conservation Film Festival, and Boy Scout and Girl Scout troops.

More information on this outstanding contribution by the Robert and Dee Leggett Foundation can be found in the Washington Post and on the Loudoun County Government Website.

Our Client, Stonewall Creek, LLC, sought to develop a large campus of high-security uses and facilities on approximately 194 acres of land south of Leesburg, Virginia. It was imperative that approval be obtained for this specific location, which provided strategic access to the adjacent Hybrid Energy Park, natural gas lines, lit fiber optic infrastructure, fiber optic infrastructure corridors and non-public accesses. In addition, the Metropolitan Area Exchange East (“MAE East”) lies in Loudoun County, and is the source through which thousands of Internet Service Providers exchange internet traffic between their networks. Data centers positioned close to MAE East have a better ability to deliver content throughout the world at a lower cost of internet bandwidth.

With so much riding on a positive outcome of this application, Stonewall Creek, LLC hired Walsh Colucci’s Managing Shareholder, Randy Minchew, and Senior Land Use Planner, Kimberlee Hise based on their many other successful applications in the area and their familiarity with the staff, elected and appointed officials.

It was determined that approval of both a rezoning and special exception application would be necessary. Adding to the difficulty, the Comprehensive Plan recommendation for the Property was for a green, open-space, visual buffer between the rural western portion of Loudoun County and the suburban eastern portion of Loudoun County.

Over the objections of the Planning Staff and the Planning Commission, the Loudoun County Board of Supervisors approved the applications, paving the way for the construction of a secure business park that includes approximately 2.9 million square feet of data center use as well as another 1 million square feet of non-data center uses including; office space, warehousing, health and fitness centers, a carry-out restaurant and a firearm range, among others.

Our client, the owner of 15 acres of prime real estate off of Georgetown Pike in McLean, Virginia, sought to sell this property. Another client, WCI/Renaissance, sought to purchase the land for residential development. With a conflict waiver from both parties, Walsh Colucci was able to accomplish this goal.

WCI/Renaissance knew of Walsh Colucci’s reputation for professional integrity and fairness and retained shareholder Mark Goetzman to represent them in the development phase of this matter.

Mark was able to negotiate a final sales contract to the mutual benefit of both clients – the sellers and the purchasers. A rezoning application was filed and processed. Development plans required Walsh Colucci to structure a land swap with adjacent land owners to gain enough land for extending public right-of-way onto the property. Additionally, the site plans obligated an adjacent landowner to vacate his rights to an access road, which Walsh Colucci was able to administer. WCI/Renaissance then tapped the firm’s real estate expertise to draft the development documents and homeowner’s association documents.

Success was achieved with approval of the property’s rezoning to permit an enclave of luxury estate homes. The ability to navigate the intricate elements of this development project and create the solutions highlights the value of the Walsh Colucci real estate transactions group.