The Loudoun County Board of Supervisors recently approved an application by JLB Realty LLC to build a 230-unit multifamily residential development on an undeveloped parcel in South Riding, Virginia.  The South Riding development was originally approved in the 1990s and is known as one of the finest large-scale communities in Loudoun County.  As with many planned developments, however, there remain small pockets of undeveloped land which require creative solutions for “infill” development. In order to accommodate the project, JLB requested a rezoning to the R-24 Multi-Family Residential zoning district, as well as two zoning modifications for a road corridor buffer type adjustment and an increase in building height for one of the buildings. 

 The property is composed of approximately 19.32 acres and is located south of Route 50 along Defender Drive.  South Riding Boulevard lies to the east and Elk Lick Road to the west of the project. 

JLB’s design team created a highly-amenitized project that consists of 230 multifamily rental units located within four buildings.  The buildings are configured to face internally to a central courtyard with lounge areas and a pool for the residents to enjoy.  A state-of-the-art indoor fitness center will also provide year-round indoor recreational space for the future residents. The community will have ample parking, with covered tandem parking spaces. The proposed development will contain thoughtfully designed amenity areas and active recreation space.  Enhanced landscaping and superior architectural design provided throughout the development will increase the visual appeal for the residents and surrounding community.

 

 

 

 

 

 

 

 

 

 

 

 

Loudoun County has long struggled with the issue of affordable housing units.  The project is expected to provide approximately 168 one-bedroom units, 15 Affordable Dwelling Units (ADUs) and nine Unmet Housing Needs Units (UNHUs). JLB committed to provide 10 percent of all units as affordable, which far exceeds Loudoun County’s requirement since the project was technically exempt from providing any affordable units. The proposed rental units will help address a needed housing product in this area of the County, which sorely needs smaller-sized units, and will respond to the demand for a continuum of housing in the sought-after South Riding community.   

A key component of this project is JLB’s conveyance of approximately 10.41 acres to the South Riding Proprietary to be used as open space. The South Riding Proprietary’s Board of Directors fully supports the project and was actively involved throughout the rezoning process. In exchange for this conveyance, the project will be annexed into the Proprietary allowing future residents to take advantage of the South Riding open space and amenities. The Proprietary plans to use the open space area as a soccer field. 

 

 

 

 

 

 

 

 

 

 

 

JLB is particularly proud of the many pedestrian-friendly features throughout the project, including pedestrian connections to active recreation areas, a natural surface trail connection to Elk Lick Park, a “missing link” sidewalk to Tall Cedars Parkway, crosswalks, and additional sidewalk connections.  This project will also help to ensure the success of local businesses by increasing pedestrian traffic to the shops, restaurants, fitness center, and other commercial uses located along Defender Drive.  Attractive buffering will be provided and native vegetation will be featured in the onsite landscaping as well as tree conservation areas. 

The resolution of traffic concerns was a crucial factor in obtaining approval of the project.  The South Riding/Route 50 intersection is operating at a “failing” level of service.  The traffic report prepared by Wells & Associates concluded that the project would have a minimal impact on the intersection generating only 1.6 percent of the overall trips.  County planners recommended that the developer pay almost $1 million toward improvements at the intersection based on a legacy proffer from the original South Riding rezoning.  Walsh Colucci was able to assist JLB in successfully negotiating to contribute half of that cost. This revised contribution accounts for the actual development area proposed by the application and reflects JLB’s conveyance of 10.41 acres of open space to the South Riding Proprietary. 

 

 

 

 

 

 

 

 

 

 

The Defender West/South Riding Boulevard intersection is part of Loudoun County’s Intersection Improvement Program (IIP). However, as noted by Supervisor Letourneau, the processes necessary to obtain County funding for the intersection could take several years to complete. The project team was able to successfully mitigate Supervisor Letourneau’s concerns by agreeing to install the traffic signal if it is recommended by VDOT. In order to ensure that the signal is operational as soon as possible, the project team also agreed to complete the signal’s design prior to receiving VDOT approval for the signal. Consequently, the signal will likely be provided two to four years earlier than it otherwise would be, making the roadway safer for future Defender West residents and the overall South Riding community. 

The result of these efforts will be a blueprint for how to utilize “infill” development areas to provide a premier development on under-utilized property and to expand the County’s affordable housing options. 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Frederick County Board of Supervisors recently approved an application by Carmeuse Americas to allow for a 400-acre expansion rezoning of its existing High Calcium Limestone quarry located in the Clear Brook area of Northern Frederick County, east of Interstate 81. Frederick County is blessed by having very high-quality underground seams of Limestone enriched with Calcium Carbonate (CaCO3) that were embedded into sedimentary rock created during the Cambrian Period when oceanic waters inundated what is now Frederick County, Virginia. Carmeuse is one of the largest producers of Limestone products in the world and operates a global network of 80 plants and 50 limestone quarries in Western, Central and Eastern Europe, North and South America, Africa, the Middle East and Asia. With its global headquarters located in Louvain-la-Neuve, Belgium, Carmeuse Group has approximately 4,500 employees and serves over 8,500 customers globally. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approval of this application will protect this nonrenewable resource for productive economic use. High Calcium Limestone is used throughout the mid-Atlantic region for fertilizer, building materials, animal feed, cement production, water treatment, and steel manufacturing. It is also a strategic mineral that supports America’s defense initiatives. One regional business provided public hearing testimony that High Calcium Limestone from Carmeuse America’s Frederick County quarry allows for most eggs sold in grocery stores in our region to have strong shells allowing for them to go to market without breaking. According to a fiscal impact report issued by Chmura Economics & Analytics, approval of the Carmeuse EM (Extractive Manufacturing) rezoning will provide app. $45.6 million in local tax revenues to Frederick County over the course of the next 30 years. 

Over the course of a year-long rezoning process, Carmeuse worked with Frederick County to develop one of the strongest proffer packages ever offered on an industrial rezoning application in the county that includes:  

• A $1.75 million cash donation toward the improvements of the Brucetown Rd. / Rt. 11 / Hopewell Rd. intersection

• Purchase and dedication of two parcels of land necessary for the alignment of that intersection improvement
•  Donation of 30,000 tons of aggregate (currently valued at approximately $450,000) toward the improvement of that intersection

 

 

 

 

 

 

 

 

 

 

 

 

As a part of its proffered commitments, Carmeuse will also reduce the height of its stockpile visible from Rt. 11 and the Frederick County Fairgrounds, provide over $1.5 million to fund Frederick County capital facilities in the vicinity, and install impact-mitigation and wellhead protection measures far in excess of minimum requirements in Virginia mine permit regulations. 

 

 

 

 

 

 

 

 

 

 

 

 

Carmeuse will also continue and expand its partnership with Frederick County allowing for its quarry pits to become potable water reservoirs to provide drinking water resources for Frederick County citizens for centuries to come.   

Randy Minchew, Managing Shareholder of our Loudoun Office, together with Erin Swisshelm of our Loudoun Office, represented Carmeuse on this successful Frederick County rezoning effort.  

On December 13, 2023, the Loudoun County Board of Supervisors approved a new, rewritten Loudoun County Zoning Ordinance, which now governs land use and development in Loudoun County. This newly adopted ordinance reflects the land use recommendations of the 2019 Loudoun County General Plan and supersedes the Revised 1993 Loudoun County Zoning Ordinance. The new zoning ordinance may be found by clicking here.  

Applications which were officially accepted for County review prior to the December 13, 2023 adoption date will continue to be administered under the prior Revised 1993 Loudoun County Zoning Ordinance, subject to grandfathering provisions adopted by the Board of Supervisors concurrently with the new ordinance. The resolution adopting the grandfathering provisions may be found by clicking here.  

New legislative and administrative land use applications officially accepted after December 13, 2023 will be administered under the newly adopted ordinance, subject to vested rights associated with the Route 28 Tax District, or as previously approved through legislative or administrative applications. The newly adopted Loudoun County Zoning Ordinance contains new regulations which will affect the development potential of land for residential, commercial, or industrial purposes. Some of these key provisions include:  

• New zoning districts, dimensional standards, and permitted uses;  
• New use standards for specific uses developed in the County, whether agricultural, residential, commercial, recreational, industrial, or energy-generation;  
• New overlay district regulations, including updates to environmental regulations in the Floodplain Overlay District, Mountainside Overlay District, and Limestone Overlay District; 
• New affordable housing regulations which require new projects to provide fifteen percent (15%) of single-family units as affordable, and ten percent (10%) of multifamily units as affordable, with additional density available for exceeding the required ADU percentages;  
• New open space requirements within individual zoning districts, and new regulations governing how open space is calculated;  
• New parking regulations for commercial, industrial, and residential uses, including a requirement that each residential garage space shall be counted as one-half space for the purposes of calculating required parking;  
• New data center regulations which require approval of a Special Exception to develop data centers on land zoned to the Office Park – OP zoning district, and increase requirements for façade treatments and setbacks from residential uses; and  
• A new Planned Unit Development District, which allows for customizable land use regulations consistent with the 2019 Loudoun County General Plan.  

Our Leesburg Office stands by ready to assist our clients in analyzing how the newly adopted Loudoun County Zoning Ordinance may affect development potential for properties located in Loudoun County. For any questions related to the new ordinance, or regarding vested rights, please reach out to the Loudoun Office so that we may assist.  

This article was authored jointly by Randy Minchew, Erin Swisshelm, Sasha Brauer, Mike Romeo, and Morgan Hadlock, all of the Leesburg office.

Andrew Painter works in the Land Use and Zoning practice group of Walsh, Colucci, Lubeley, & Walsh where he focuses on securing zoning entitlements across northern Virginia, including Arlington County, the City of Falls Church, Fairfax County, Loudoun County, the City of Fairfax, and the Town of Leesburg. Andrew advises clients on all aspects of the land entitlement process and real estate matters, and frequently appears before planning commissions, local governing bodies, and citizen organizations.

Prior to joining Walsh Colucci in 2007, Andrew worked for two members of the Fairfax County Board of Supervisors, the County Administrator of Caroline County, Virginia, and former Virginia Governor (now U.S. Senator) Mark Warner. Andrew has spent much time traveling and writing about the region’s land development history and has served as an adjunct professor at the University of Richmond and the University of Mary Washington. Andrew is also the author of a 2018 book chronicling the history of the Virginia wine industry, Virginia Wine: Four Centuries of Change, published by George Mason University Press and distributed by the University of Virginia Press.

This February, Andrew returned as a BISNOW moderator for the 2024 Future of Reston and Herndon panel.

 

 

If you haven’t heard before now, the US Treasury Department, through its Financial Crimes Enforcement Network, is implementing new requirements of the Corporate Transparency Act (“CTA”) beginning January 1, 2024.  Is that popping sound the bubbles from your New Years Eve toast? No, it is many corporate heads waking on New Years Day to the fact that anyone with substantial control over a private corporate entity is required to register their personal information with a new Federal database, specifically created to, in the words of the Fed, “protect the United States from bad actors who exploit anonymous shell companies to engage in money laundering, corruption, sanctions and tax evasion, drug trafficking, fraud, and a host of other criminal offenses with impunity, while legitimate businesses suffer from their misdeeds.” 

Bad actors may stop reading now, for the rest of you, we provide this brief primer on what must be submitted to the Federal database to prove you aren’t the bad guy. If you are the one in charge (i.e. you own 25% or more of the entity or you exercise substantial control over it) be ready to provide your name, date of birth, physical residential address (current within 30 days no less!), and photographic evidence showing your driver’s license or other government issued identification number, just to get started.  In addition, similar details about the entity itself must be provided too.  As with any new governmental requirement, there are as many rules and exemptions associated with the reporting requirements as fireworks at midnight.  Consider the ones addressed below the equivalent of party-poppers.   

Any private entity (that’s any entity filed with a state corporation commission or secretary of state’s office) which doesn’t qualify for an exemption must comply with the reporting requirements.  The exemptions cover entities that are highly regulated and already report similar information to the Fed watchdogs (looking at you securities folks, financial institutions, venture capitalists, insurance providers). Other exemptions apply to large operating companies (those with 20+ employees, $5M plus in annual gross receipts, and a physical presence in the US), 501(c) nonprofits (not you, homeowners associations!), government entities, and utilities.  If your company doesn’t qualify for one of those, congrats – you’ve got a corporate new year’s resolution for 2024! 

If this ball does drop on your entity at midnight, let’s talk compliance deadlines.  If your company existed prior to January 1, 2024, you have until year-end 2024 to file (but don’t procrastinate – you know the party planners are already anticipating NYE 2025). If you form a new company in 2024, it must meet the filing requirements of the CTA within 90 days from the date of organization.    

Thinking this exercise in paperwork isn’t worth the time or effort? Well, the Fed would disagree, and for willful non-filers or those who file fraudulent information, the Fed can assess a civil penalty of up to $500 for each day that the violation continues or criminal penalties including imprisonment for up to two years and/or a fine of up to $10,000 against the senior officers of the entity.  Not the way to kick off your best year ever. 

Walsh Colucci knows this new reporting requirement is no joke and will affect many of our clients in the real estate industry.  So, start your 2024 off right and don’t wait to get the information you need to either have peace of mind or ensure that your entity files timely.  We can help you work through this process.  Feel free to reach out to Erin Moore Thiebert, Chuck McWilliams, Susie Truskey, Blake Browning, or Will Gibson to schedule time to discuss your next steps. 

WHAT YOU’LL LEARN AT THIS FAIRFAX COUNTY VA COMMERCIAL REAL ESTATE EVENT

• What is in store for Fairfax County’s development pipeline? What projects are planned for 2024 that are redefining the areas into a live-work-play destination?
• Why are new residents, tenants and businesses being drawn to areas like Falls Church, Merrifield, Reston, Tysons, etc.? How are developers and investors selecting neighborhoods for their projects? What factors are being considered?
• What types of initiatives is the county’s government putting in place to incentivize developers and investors to build in other areas aside from Reston and Tysons?
• What affordable housing initiatives is the county providing for new projects? How are developers working to continue creating attainable housing strategies as residents continue to relocate throughout Fairfax County?
• With data centers on the rise within the county’s pipeline, what opportunities will this bring for the area? What challenges or risks will it present?  What other asset classes are seeing more attraction from developers and investors?

 

How You’ll Do More CRE Business: 

From Mosaic District to Amazon-backed Dominion Square, Fairfax County is seeing a tremendous amount of growth and opportunities! With a population of about 1.14 million, developers, investors and other businesses are bringing in big projects to hit demand in cities like Merrifield, Tysons and Reston while also overcoming today’s economic challenges. Join Fairfax County’s biggest influencers and executives as they discuss the newest projects, hottest neighborhoods, market challenges and much more!

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Arlington County has experienced unprecedented significant growth in the past few years, as top companies have chosen Arlington as their regional or in some instances global headquarters. At the same time, the real estate market is facing serious challenges, as office and retail vacancies continue. This has brought into question the viability and future of real estate in Arlington. Building off the success of last year’s Why Arlington event, the Arlington Chamber of Commerce is proud to present a panel on The State of Real Estate to hear from top leaders about their perspectives on the future of commercial, retail, and multi-family residential real estate in Arlington.

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On September 26, 2023, the Fairfax County Board of Supervisors approved a comprehensive update to parking regulations. Known as “Parking Reimagined,” the update provides a wholesale modernization of Fairfax County’s Parking and Loading Regulations under Article 6 of the Fairfax County Zoning Ordinance.

The updates include new tiered parking reductions, minimum bicycle rates, revised parking and loading ratios for many land use types, and more.

The parking updates – which follow more than two years of County-led research, community outreach, and public hearings – are summarized in the staff report and subsequent staff report addendum. Additional information on Parking Reimagined may be found here.

What You’ll Learn at this Virginia Neighborhood Event

• Pathway 2040 – Where does Prince William County stand with its latest comprehensive plan compared to last year?
• With the growth of certain asset classes, including multifamily, life sciences and data centers, how is the region handling the higher demand?
• How is affordable housing being prioritized in newer developments?
• How have local organizations partnered with large corporations to create economic development and job growth opportunities?
• What neighborhoods, such as Woodbridge, Gainesville, Haymarket, Manassas, are seeing greater demand compared to the past few years? What is drawing developers and investors into these areas?
• With inflation and rising interest rates posing a challenge to the sector, how are these issues impacting decisions for new construction or current projects?
• How does Prince William County VA compare to other mid-Atlantic cities? What is the area doing differently to compete with these other regions?

How You’ll Do More Business: 

Prince William County continues to gain interest and attention from many investors, developers, residents and businesses. As mixed-use developments are becoming hot and data center campuses are exploding in popularity, the region is working toward a bright future for all. Join us as we discuss the latest initiatives, economic development plans, hottest asset classes, popular neighborhoods and more! Read More