City of Manassas Park Approves Village at Manassas Park Rezoning

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

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

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

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.

Team Spotlight: City of Alexandria, Land Use & Zoning Team

In this month’s Employee Spotlight we would like to highlight and congratulate the City of Alexandria Land Use & Zoning team.

The dynamic team, Cathy Puskar, Bob Brant, and Caroline Herre, received unanimous approval for the redevelopment of the existing Potomac Yard Regal Cinema site into the Virginia Tech/North Potomac Yard Innovation District. They each took on key roles in the project and ensured that every step represented the client’s best interests through the approval process.

Congratulations Cathy, Bob, and Caroline!

Cathy Puskar
Having joined Walsh, Colucci, Lubeley & Walsh in November 1998, Cathy Puskar’s practice focuses on land use and zoning matters in the City of Alexandria and Arlington County. With an in-depth knowledge of the law, process, politics, and people required to achieve her clients’ goals, Cathy has successfully represented a number of clients in obtaining the necessary entitlements for a variety of projects including major residential, commercial, and mixed-use developments. Cathy represents major landowners with development approvals in significant planning areas within the City of Alexandria, including North Potomac Yard, Potomac Yard/Potomac Greens, Beauregard, and Eisenhower East. In addition, Cathy has the distinction of having represented clients in the approval process for the majority of the Arlington County Columbia Pike Commercial Revitalization and Neighborhoods Form Based Code Projects that have been developed to date.

Bob Brant
A long-time resident of Northern Virginia, Bob joined the firm in 2015 and works in the firm’s Land Use & Zoning practice group. His practice focuses on securing zoning and land use entitlements including rezonings, special permits, and special exceptions.

Caroline Herre
Caroline joined the Firm as a Land Use Planner in 2017 after completing her graduate degree in Urban and Environmental Planning at the University of Virginia.

 

Washington Business Journal’s Best Real Estate Deals of 2020 

Congratulations to the honorees of Washington Business Journal’s Best Real Estate Deals of 2020. Our very own land use attorneys and planners have been a part of the approval process for these outstanding projects.

Best New Development: The Boro 

Game Changer Award: Virginia Tech at Potomac Yard

Best Redevelopment: Ballston Quarter

The South County SSPA Process Moves Forward

 

Fairfax County has completed the first step in its site specific plan amendment (SSPA) process for the South County. The SSPA process allows the submission of nominations to the Comprehensive Plan through the Plan Amendment Work Program. Every two years, Fairfax County initiates the SSPA process in turn for the North County or the South County. The last SSPA cycle in 2017 was for the North County, which included the Dranesville, Hunter Mill, Providence and Sully Magisterial Districts. The current SSPA cycle, which will continue into next year, was initiated in 2019 for the South County, which includes the Braddock, Lee, Mason, Mount Vernon and Springfield Magisterial Districts. The deadline for submission of nominations in the current SSPA cycle was December 3, 2019. The first step in the review process is consideration of the nomination by a Task Force, comprised of members appointed by the Supervisor in each Magisterial District. The Task Force considers each nomination and makes a recommendation whether the nomination should be accepted into the County’s work program. Prior to the Task Force’s consideration, the Fairfax County planning staff issues a staff report and recommendation on each nomination.

Because of COVID-19, the Task Force meetings for the SSPA process, originally scheduled in March, were temporarily postponed. Working with the County Attorney’s Office and the Planning Division, each Task Force was able to conduct public meetings electronically that allowed participation by nominators and the public. The Task Forces began reviewing nominations in July and just completed their review in September. The South County SSPA process included the submission of 26 nominations with six nominations submitted by Walsh, Colucci. The nominations submitted by our firm are located in the Lee and Mount Vernon Districts. One of the nominations was withdrawn due to the sale of the nomination property. Of the remaining nominations, Walsh, Colucci received favorable recommendations from the respective Task Force on four proposals. The nominations are wide-ranging including a consolidation of 18 parcels for mixed-use development, an option for self-storage in Springfield, and the addition of various uses to complement an industrial property on Loisdale Road.

The SSPA South County nominations will be presented to the Planning Commission on November 18 and November 19, 2020. The Planning Commission will consider the Task Force recommendation, the staff report and recommendation, and public testimony for each nomination. The Planning Commission will then make a recommendation for the 2021 Comprehensive Plan Work Program to the Board of Supervisors. The Board of Supervisors will consider the recommendation at a hearing in January 2021. For information regarding any of the pending nominations, or to consider a nomination for the North County SSPA process in 2021, please contact our offices.

Devlin Road Rezoning Approved in Prince William County

On March 10, 2020, the Board of Supervisors approved the rezoning from agricultural land to the Planned Mixed Residential District to allow single family detached lots ranging in size from 7150 square feet to 10,000 square feet. The community’s Design Guidelines provide for expansive buffers throughout the site and approximately 109 acres of open space.

Five parks are programmed for the new community, which include a pool (6 lane, 25 meter pool), clubhouse, dog park, eco park and open air pavilion areas. The largest park (55.8 acres) will be open to the public and provide multiple trail heads to the community as well as a connection to sidewalk along Linton Hall Road.

The project will also provide significant transportation improvements in connection with County’s plans to upgrade Devlin Road. Specifically, the developer has proffered to continue the widening of Devlin Road from the County project limits for the Balls Ford Road Interchange, south to University Boulevard, which is the planned main entrance to the Devlin community. Collectively, the project’s proffered improvements and the County project will upgrade Devlin Road to a new 4 lane road link from University Boulevard to the Route 234 Bypass. The planned road improvements will also provide better access to nearby commuter parking lots that will enhance the commuter experience for neighboring residential communities. The $13 million monetary value of the proffered transportation improvements exceeds the County’s Level of Service policy by $4.3 million.

Full build out of the project is projected by 2032. Land use attorney Pete Dolan and senior land use planner Marian Harders led the project through the approval process.

Employee Spotlight: William B. Gibson

William “Will” Gibson rejoined the firm in September 2020 as a Transactions Associate for the Prince William office. Will graduated from The Catholic University of America, Columbus School of Law where he was the Note and Comment Editor for The Catholic University Law Review. In the summer of 2019, Will first joined the firm as a Summer Associate where he was able to gain valuable experience in real estate law. Will’s practice includes the preparation and negotiation of purchase and sale contracts, leases, and subdivision and easement deeds; as well as assisting clients in the formation and governance of all types of business entities.

Thank you for participating in this month’s Employee Spotlight, Will! Tell us a little about yourself — where did you grow up?

I grew up in Charlottesville, VA. My parents live about 20 minutes from the entrance to the Shenandoah National Park, so we spent a lot of time hiking and in nature. I also went to a lot of UVA basketball games growing up so watching them win the National Championship last year was pretty exciting!

What did you think you wanted to be when you were younger?

I’m not entirely sure if I asked a younger me what I would have said. I spent a lot of time playing backyard sports with my neighborhood friends, but also enjoyed reading and loved my history classes in school. I suppose my interest in reading combined with my competitiveness in backyard football/basketball lent itself well to a career as an advocate!

What interested you about the legal field, specifically real estate law?​ What aspect of your role do you enjoy the most? ​

I went into law school with a fairly open mind about what field of law I wanted to practice in. In my first year I excelled in my contracts and property courses and began to think real estate might be a match. Given that my grandfather was an architect and my dad recently retired from a general contracting practice, I think I was predisposed to have an interest in this area of law. What I enjoy most, so far, is immersing myself in a project and learning from the other attorneys along the way. The attorneys here have a great expanse of knowledge, and I look forward to emulating the manner in which they can identify all of a client’s needs and help them achieve their goal.

How did you learn about Walsh, Colucci, Lubeley & Walsh?

I first learned about the firm from on campus interviewing during the start of my second year of law school. Mike Coughlin and Bob Brant interviewed me at Catholic University and I knew from the initial interview that Walsh, Colucci, Lubeley & Walsh was where I wanted to work. The interview was shortly after the Mushball championship as well, so the spiritedness of everyone at the firm when I went to follow up interviews gave me an idea of how great of a culture exists here.

Who would you consider a mentor at the Prince William office and why?

Dave Bomgardner has taught me a lot and has brought me in on a mix of projects that are helping me gain new knowledge and sharpen my practice. It is certainly a little different not having everyone in the office, but really I feel like I can knock on anyone’s door or call anyone’s extension and they will walk me through a project or answer a question.

Before working at firm, what was the most unusual or interesting job you’ve ever had?​

My first summer in college I was a cashier at the popular fast food chain Cook Out. As part of the training I had to memorize the menu (which is quite extensive if you’ve seen it) as well as all of the “call outs” you had to shout back to the kitchen staff (“tray dog” for a hotdog on the side for example). After a few weeks I also had the prices of popular orders memorized. My friends used to get a kick out of coming up with orders and having me tell them how much it would cost and what I would have to yell to the back.

Aside from a very busy schedule and being the newest addition to the Land Lawyers Mushball team, what do you like to do for fun outside of work?

Since the pandemic started, the W&OD and local Arlington trails have seen a huge increase in traffic. My wife, daughter and I used to frequent the trails for walks and bike rides. Now, we like to load up the stroller and a picnic cooler in the car and go explore trails all over the northern portion of Virginia. One of the neat things about being in the Prince William office is there are a lot of great places in the county that I’ve learned about since working here. We’ve walked around Bristoe Station Battlefield and Manassas Battlefield and we’ve also gone out to Front Royal and Winchester to explore their parks and trails as well. Virginia overall, and Prince William County in particular, is a really beautiful area with mountains, rivers, and beaches and communities built around all the different terrains.

What’s the one thing about you few people know?

Most people in the office right now know that my wife and I are expecting our second child at any moment. But aside from my own growing family, I come from a pretty large extended family: I have 3 older siblings, 5 nephews and 2 nieces, and am one of 19 cousins between my family’s two sides (with ages ranging from 8-39)!

Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?

The people. Coming from a large family, the feel of the firm is just that.

Thank you for sharing with us, Will. Welcome back to the firm! 

10/1/20 Update: Will’s bundle of joy was born on 9/30/20! Congratulations to the Gibson family!