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.

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

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.

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!