Alexandria City Council Approves the Redevelopment of 1300 and 1310 King Street

On September 14 2019, Alexandria City Council approved a development special use permit application to allow a new mixed-use development on the 1300 block of King Street.

Walsh Colucci land use attorneys Cathy Puskar and Bob Brant guided the applicant, 1300 King, LLC, through the development review process. Cathy and Bob worked with the development team, City staff, and the community to develop a proposal that is consistent with the City’s vision for Upper King Street. The project will include a four story mixed-use building with 31 condominium units and 6,400 square feet of ground floor retail facing King Street. The new building will be integrated with two existing historic buildings at the corner of King Street and South Payne Street, which will be restored and retained for continued retail use. The development will include streetscape improvements along King Street and South Payne Street, will provide 3,400 square feet of rooftop and terrace-level open space, and is characterized by high quality architecture that fits in with the character of Old Town. The significant ground floor retail component of the development will serve as a quality location for new retail and/or restaurant tenants, and will generate additional activity along Upper King Street. The vibrant mixed-use development advances the City’s vision for Old Town, is consistent with the City’s King Street Retail Strategy, and represents another step towards the revitalization of Upper King Street.

Fairfax County Board of Supervisors Approves Isaac Newton Square Redevelopment

Creating a dynamic new mixed-use neighborhood goes to the heart of quality land use planning and creating great communities.

On October 15, 2019, the Fairfax County Board of Supervisors approved the redevelopment of a 32-acre portion of Reston’s Isaac Newton Square. The complex, which is bounded on the south by the Washington & Old Dominion Trail, to the west by Hidden Creek Country Club, and to the east by Wiehle Avenue, was one of Reston’s first major office/industrial developments.

Isaac Newton Square today features several older buildings surrounding a substantial asphalt parking lot ringed with mature willow oak trees. With the arrival of Phase I of the Silver Line and the Wiehle Avenue Metrorail station, the site was included as part of the 2014 Reston Comprehensive Plan Amendment and targeted for substantial redevelopment.

Over the past three years, the park’s owner, Peter Lawrence Companies, alongside their development advisor, MRP Realty, began envisioning a new future for the site. They engaged a design team which included OCULUS Planning and Urban Ltd., and solicited input from citizen groups, Restonians, and Fairfax County staff.

Based upon substantial feedback, the project team set forth a series of design drivers to guide the redevelopment approach. These included fashioning a layout centered around open space corridors and the comprehensive plan’s grid network. There was also a recognition that the “front door” of the project should be focused on the W&OD Trail. The team also considered Reston’s seven “Founding Principles,” created by the late visionary, Robert E. Simon, which embraced concepts such as multi-generational livable communities and the creation of dynamic public realms.

The result is a new community which fulfills the comprehensive plan’s vision for high quality mixed-use redevelopment. The approved plan calls for approximately 2.8 million square feet of new construction, which includes 2,100 residential units, 300 hotel rooms, 260,000 square feet of office space, and nearly 69,000 square feet of retail uses. In accordance with the comprehensive plan’s recommendations, residential uses comprise approximately 88.4 percent of the neighborhood’s total square footage.

A key focus of the proposal was to create meaningful open spaces and provide a framework around the preservation of the site’s mature willow oak trees. The open space plan also provides opportunities for each block to have direct access to nature on what is today, a paved site. An intentional focus was placed on the quality of each open space and the types of activities that are likely to take place within the spaces. They also negotiated with NOVA Parks, the Fairfax County Department of Transportation, and the Fairfax County Park Authority on issues related to pedestrian access to the W&OD Trail, water lines, and design of parks.

The team worked extensively with County staff to develop a variety of streetscape activation, placemaking elements, building architectural requirements, and landscaping enhancements to guide the ways in which individual buildings and blocks may take shape.

The final design includes substantial landscaping and open space which exceeds county requirements. It is anticipated that improvements to the site will mitigate stormwater runoff, enhance the site’s habitat and aesthetic opportunities, and ultimately aid in the reduction of the existing urban “heat island” effect. A unique central east-west environmental “pedestrian livability” spine, known as the “Rain Garden Meander,” will integrate the project’s stormwater management into its open space system and include hardscape pathways, flexible lawn spaces, landscaping with native plants for habitat, shade structures, and seating areas.

A critical element of the neighborhood is the provision of a full-size athletic field at the southern end of the project adjacent to the W&OD Trail. The field will be adjacent to an urban plaza and warm-up field that will be multimodal acceible, help drive local commerce to the project’s retail uses, and transform Isaac Newton Square into a signature location for users of the trail.

The result of the team’s efforts is the creation of reason’s next great neighborhood that complies with all of the planning principles set forth in the comprehensive plan in terms of land use and density, placemaking, open space, and mobility. Andrew Painter led Peter Lawrence Companies and MRP Realty through the approval process.

Arlington County Board Approves Mixed-Use Development to Replace Rosslyn Holiday Inn

At its September 24 public hearing, the Arlington County Board approved Dittmar Company’s proposal for a new five-star 375 key hotel, including 40,000 square feet of conference space, and 502 residential units on the site of the current Holiday Inn in Rosslyn.

Led by Nan Walsh, Managing Partner of Walsh, Colucci, Lubeley & Walsh, the hearing extended into the wee hours of the following day, with approximately 45 speakers ranging from nearby residents, to representatives of the Rosslyn Business Improvement District, and local property owners and developers supporting the project. The proposal included the demolition of the existing hotel in order to accommodate a new 38 story hotel fronting on Ft. Myer Drive, and a 25 story residential building fronting on N. Nash Street. The project included key elements of the 2015 Rosslyn Sector Plan, such as the vacation of 20th Street N, acquisition of Parcel Q along Lee Highway, incorporation of a pedestrian pathway from Ft. Myer to Nash Street, and tapering of heights in order to diversify the Rosslyn skyline.

In her presentation to the County Board, Nan Walsh noted that Dittmar, unlike most applicants, is involved in every facet of building a project like the one proposed by serving as the owner, developer, builder, general contractor and, in the end, the manager of the finished project. She noted that the community benefits package associated with the application is both robust and well balanced. She concluded by emphasizing: “This is an important project for Rosslyn. Dittmar’s project this evening is the first project to come forward under the new 2015 Rosslyn Sector Plan, but it has been 4 years so it is not that new. So we see the project as a catalyst to realizing the vision for Rosslyn as the hotel and conference facility will literally bring hundreds of thousands of visitors each year which will undoubtedly spark development in the area.” The County Board voted unanimously to approve the project.

Lauren Riley Joins The Firm

Lauren Riley rejoins the firm as an Associate for the Land Use & Zoning practice group in the Arlington office. Lauren first joined the firm in 2017 as a summer associate. She most recently worked as an associate attorney for Walton & Adams, P.C., where her practice focused on land use & zoning, contract & business, eminent domain, and civil litigation matters. She is currently a member of the Real Estate, Business, and Young Lawyers sections of the Fairfax Bar Association.

Lauren is a cum laude graduate of William & Mary Law School, where she served as an Articles Editor of the William & Mary Business Law Review. She holds a Bachelor of Arts degree in philosophy and political science from the University of Alabama. Lauren is an only child and was born and raised in Birmingham, Alabama. Lauren follows college football and is an Alabama fan (Roll Tide!). Outside of work, she enjoys exploring D.C.’s museums and watching films (ranging from the critically acclaimed to all things in the Marvel Cinematic Universe). Welcome to the team, Lauren!

Potomac Shores Town Center Approved

Pete Dolan and Jessica Pfeiffer worked with the Potomac Shores team to obtain Prince William County’s approval of a Town Center in Potomac Shores.

Potomac Shores is a community of approximately 1,885 acres located on the Potomac River within the Cherry Hill peninsula in Prince William County. It is a large planned community with residential (approved for up to 3,987 residential units), commercial, an existing Jack Nicklaus Signature golf course, the 30-acre Ali Krieger Sports Complex, recreational amenities, and schools (including an elementary school and new 33-acre middle school). The community also features nearly two miles of shoreline and 1,000 acres of open space. Walsh, Colucci, Lubeley & Walsh originally obtained County approval of a rezoning for the project in 2013. Since that time, home buyer interest has been strong and the Potomac Shores team recently reported the sale of its 1,000th new home in Potomac Shores.

The Town Center special use permit approval allows for changes to the planned Town Center while continuing the basic transit-oriented framework envisioned, with its grid pattern, tree-lined street layout, open spaces, and a proposed VRE station at the heart of the Town Center. The Town Center includes a commercial core with first floor retail and active uses, a variety of residential options (up to 1,833 homes), recreational spaces, and a river walk along the bluff of the Potomac River. The approval also accommodates a hotel with new phasing and design requirements, an elementary school site, and a new central park open space amenity.

The Prince William Board of County Supervisors approved the special use permit amendment unanimously on July 16, 2019. For more information read the Washington Business Journal article.

Arlington County Board Approves the Redevelopment of the Former “Iwo Jima” Best Western Hotel Property

On April 23, 2019, the Arlington County Board approved a site plan amendment and General Land Use Plan amendment to permit the redevelopment of the former “Iwo Jima” Best Western hotel property and the neighboring parcel which currently contains the Ellis Arms Apartments located on the southern edge of Rosslyn. Both the existing hotel and multi-family building will be demolished and replaced with a new 12 story, 160 room hotel and a 10 story, 48 unit residential tower.

Led by Nicholas Cumings, a land use attorney with Walsh Colucci, the development team worked with Arlington County Staff to address the County’s priority goals for the property including green building measures, affordable housing, underground parking, and neighborhood park improvements. The 1.88 acre property is located southwest of the Belvedere Condominiums, which were extremely active in the zoning review process. The result of the site plan review process were recommendations for approval by both the Planning Staff and the Planning Commission, with unanimous approval by the County Board.

Mr. Cumings with Walsh, Colucci, Lubeley & Walsh summarized the application in his remarks to the County Board: “The Witness Group is a family-based company that has over 30 years of experience with hotel investment, development, and management. They have owned this property since 2011. They are a preferred developer and operator with all of the major hotel brand companies including Hilton, Marriott and International Hotel Group, and currently own and operate 30 hotels with 9 hotels in the development and construction pipeline. They will own and operate the proposed hotel and are looking forward to continuing to be a part of the neighborhood for many years.” In closing, he noted, “The process was successful and the resulting project is an excellent one that will be a substantial improvement for this neighborhood, replacing 1950s and 1980s era development with modern buildings including a myriad of benefits for the surrounding community.”

Fairfax County Board of Supervisors Approves The Mile in Tysons

On July 16, 2019, the Fairfax County Board of Supervisors unanimously approved “The Mile,” a 3-million-square-foot mixed-use development that will revamp an existing 38-acre office park a half mile from the Tysons Corner Metro Station. The approval allows PS Business Parks to build 10 new mixed-use buildings across eight new urban blocks of the development. Five of the buildings will be residential with supporting retail and four of the buildings include options for either residential, office or hotel uses, plus retail. The remaining tenth building is a 5,000-square-foot retail kiosk. The approved plans include the option for a 300,000 square foot mini-warehouse or storage facility in one of the residential buildings. These new buildings will join the existing Highgate luxury apartments along Jones Branch Road. The County also signed off on a final development plan for The Mile’s first building, Brentford, a seven-story apartment building with 435 units located on Westbranch Drive near the intersection with Westpark Drive. Senior Land Use Planner Elizabeth Baker led the development team through the approval process.

The key design component of The Mile was a series of connected urban parks. 10.5 acres of parks, as envisioned by the County’s conceptual parks plan for Tysons, will be provided. The project’s largest park, Signature Park, will take up almost 5-acres, an entire block along Jones Branch Drive. Signature Park will include a large open lawn area, a performance stage, gaming areas, picnic areas, a children’s play area, a bikeshare station, a one- to two-story food pavilion, and walking, jogging, and biking trails. “It’s a very activated space. It’s designed to be multicultural for adults and children alike,” Baker said. An adjacent 3-acre park will have pickleball courts, yoga lawns, gardens, rock-climbing and water-play areas. “I love the signature park,” said Fairfax County Chairman Sharon Bulova. “It’s really going to be a landmark in Tysons.” PS Business Parks will dedicate the Signature Park to the County but will maintain it as part of their public facility commitment. To meet the need for athletic fields in Tysons, a 330 by 180 foot synthetic turf field will be constructed on the south side of Boone Boulevard near its intersection with Gallows Road.

The project “will really be a lasting achievement in Tysons,” predicted Supervisor Linda Smyth (D-Providence), who moved for the project’s approval.

 

Virginia Supreme Court Rules that the Reasonable Probability of Rezoning Should Be Considered in Condemnation Cases

On August 29, 2019, the Virginia Supreme Court determined in Helmick Family Farm, LLC v. Commission of Highways that the reasonable probability of a rezoning is a factor that should be considered when determining the just compensation owed in a condemnation case. In a 4-3 decision, the Court held that the Culpeper Circuit Court erred when it excluded the landowner’s evidence that it was reasonably probable that its property would be rezoned to a commercial designation at the time of the taking. Walsh Colucci represented the landowner at trial and on appeal.

At the time of the taking, the landowner’s property was zoned Agricultural, but a portion of it, including the property taken by VDOT, was designated as Commercial within the Culpeper County Comprehensive Plan and was within the County’s Urban Services Area. In addition, it had more than 2,000 feet of road frontage on Poor Farm Road and access to Route 666.

Despite these characteristics, VDOT’s appraiser determined that the property should only be valued as if it was agricultural land with no development potential and therefore concluded that it was worth $6,300 per acre. The landowner’s appraiser and zoning expert, on the other hand, believed it was reasonably probable that the property would be rezoned to a commercial designation in light of many factors including the zoning and use of surrounding properties and the Board of Supervisors’ pattern of approving similar rezoning applications. As a result, the landowner’s appraiser concluded that the property was worth $130,000 per acre after comparing it to commercially and industrially zoned properties and applying a discount to account for the inferior zoning.

The Circuit Court, however, excluded the landowner’s evidence related to the reasonable probability of rezoning and would not permit its appraiser to testify. With no experts to support the landowner’s theory of the case, the condemnation commissioners sided with VDOT’s appraiser and awarded $22,592 in compensation.

On appeal, the Virginia Supreme Court reversed the Circuit Court based on “[a]n avalanche of authority from other jurisdictions” that evidence of the reasonable probability of rezoning should be considered. The Court established a framework for determining the admissibility of such evidence under which the landowner bears the burden of proving such reasonable probability of rezoning. According to the Court, factors relevant to establish this reasonable probability include,

the rezoning of nearby property, growth patterns, change of use patterns and character of neighborhood, demand within the area for certain types of land use, sales of related or similar properties at prices reflecting anticipated rezoning, physical characteristics of the subject and of nearby properties and, under proper circumstances, the age of the zoning ordinance.

The Court clarified that even if there is a reasonable probability of its rezoning, the property cannot be valued “as though the rezoning were already an accomplished fact.” Instead, “[i]t must be evaluated under the restrictions of the existing zoning and considerations given to the impact upon market value of the likelihood of a change in zoning.”

In Helmick, the majority of the Court agreed that the landowner proffered sufficient evidence to allow the condemnation commissioners to consider the evidence. As a result, it found that the Circuit Court erred in excluding it and remanded the case back to the Circuit Court for a new trial, where the landowner intends to present its evidence regarding the reasonable probability of rezoning.

For more information about the case or to discuss an eminent domain matter, contact Michael J. Coughlin at mcoughlin@thelandlawyers.com or 703-680-4664.

22 Years of Fighting for the Cure

On September 9, the firm hosted its 22nd Annual Golf Outing benefiting the Juvenile Diabetes Research Foundation (JDRF) at Westwood Country Club in Vienna. Art Walsh, the golfers, and guests could not have asked for a brighter day to raise money for type 1 diabetes (T1D) research. Golfers enjoyed a full day on the course and finished their rounds just in time for the raffle and live auction. This year the event raised over $80,000, increasing the total amount raised over the past 21 years to approximately $1.6 million.

On behalf of Art Walsh, the firm would like to thank clients, friends, and family who participated in this year’s event and donated generously to JDRF. Online donations to JDRF can still be made by visiting the firm’s fundraising site. Contributions are 100% tax-deductible.

JDRF was founded by parents determined to find a cure for their children with T1D. JDRF has expanded through grassroots fundraising and advocacy efforts to become a powerhouse in the scientific community with more than 100 U.S. locations and six international affiliates. JDRF has funded more than $2 billion in research to date and has made significant progress in understanding and fighting the disease. Our firm is proud to work with JDRF and continue to help find the cure for T1D.

To learn more about T1D, please visit JDRF’s website.

View pictures from this year’s golf outing here!