Tag: Fairfax County

Fairfax County Board Adopts West Falls Church TOD Plan Amendment

Posted on by Brigitte Flores

At its July 13, 2021, public hearing, the Fairfax County Board of Supervisors adopted the West Falls Church Transit Station Area Study Comprehensive Plan Amendment (Plan Amendment 2018-II-1M). The Plan amendment seeks to transform both the West Falls Church Metrorail station and Virginia Tech’s Northern Virginia Center site, which together comprise approximately 31.5 acres, into a higher-density, pedestrian-oriented transit-oriented community in a way that is Metrorail-oriented and compatible with surrounding neighborhoods.

The impetus for the plan amendment came out of a 2018 Site-Specific Plan Amendment nomination proposed by the Washington Metropolitan Area Transportation Authority (“WMATA”) to link the approximately 24-acre West Falls Church Metrorail station with new development proceeding in the City of Falls Church. WMATA’s SSPA nomination was subsequently consolidated with a separate SSPA nomination submitted by Virginia Tech to redevelop its approximately 7.5-acre Northern Virginia Center site.

In January 2019, WMATA issued a Joint Development Solicitation for redevelopment of its Metrorail station and later selected Falls Church Gateway Partners – Metro LLC as its joint development partner. Falls Church Gateway Partners – Metro LLC is comprised of EYA Development LLC, Rushmark Properties, and Hoffman & Associates.

For more than two years, the development team, which included Walsh Colucci shareholder Andrew Painter land use planner Bernard Suchicital, coordinated with WMATA, Virginia Tech, the City of Falls Church, a community task force, and County staff in crafting the Plan amendment language. This community planning process involved 22 task force meetings, outreach to nearby neighborhood associations, discussions with local officials, and two public hearings.

As adopted, the Plan amendment permits the Metrorail station property to be redeveloped with mixed-use development up to an intensity of 0.96 FAR with a maximum of 900 dwelling units, up to 30,000 square feet of retail or active ground floor uses, and up to 120,000 square feet of office use. Virginia Tech’s Northern Virginia Center property is now planned for mixed-use development up to an intensity of 2.5 FAR with a maximum 400 multifamily residential units, up to 160,000 square feet of institutional use, up to 181,000 square feet of office use, and up to 18,000 square feet of retail use.

The Plan amendment dovetails with replanning efforts occurring on the adjacent former George Mason High School site in the City of Falls Church, which was recently approved for a high-density mixed-use project. The Plan Amendment’s vision, if realized, will create an urban fabric that will increase the broader community’s overall vitality and sustainability. Residents and workers within the planning area will be encouraged to walk to the Metrorail station and other nearby businesses, and it will help sites in this area of the County and the City of Falls Church evolve into a larger 60-acre vibrant and economically successful mixed-use and interconnected neighborhood.

 

 

Kathryn Taylor Graduates from the Leadership Fairfax Institute

Posted on by The Land Lawyers

Written By Leah Smith, Summer Intern

Our own Kathy Taylor graduated from the Leadership Fairfax Institute (LFI) this past weekend, having completed the 10 month program. LFI trains individuals to become more effective leaders, and to take initiative in their own communities. Participants are taught, using a continuous improvement model, to engage with others, brainstorm creative solutions, and identify and resolve issues facing the community. Study groups, training seminars, and interactions with community decision makers

By learning from and connecting with peers, program members deepen their leadership competencies, focus their leadership vision, and gain an in-depth knowledge about Fairfax county engagement. Others in our office who have completed this program include Lynne Strobel – now an LFI board member – and Bob Brant. Lynne affirms that “The Leadership Fairfax Institute provides a solid foundation to engage in those issues most critical to Fairfax County. I am proud to serve on its Board, and am delighted that Bob Brant, Class of 2019, and Kathy Taylor, Class of 2021, chose to complete the program. As a result of his experience in LFI, Bob now serves on the Board of Langley Residential Support Services.” The effects of the LFI program are pronounced as many graduates become community leaders. We are excited for Kathy and will be thrilled to witness the continuous benefits of the LFI program.

Stonebrook Rezoning Approved in Westfields

Posted on by Brigitte Flores

Image Source: Stanly Martin Companies

 

Originally set amidst a stream-laden landscape of rolling fields, and woodlands, creating an idyllic suburban environment, the 1,100-acre Westfields office park has largely built out in accordance with its original vision. Today, the heavily-landscaped corporate center is a job hub and a major economic driver for Fairfax County. Recent years, however, have witnessed the emergence of several challenges, including newer mixed-use office locations, and a lack of mix of uses, pedestrian connections, and community identity.

Sensing the need to diversify Westfields’ land uses and attract new investment to western Fairfax County, the Board of Supervisors in May 2019 adopted amendments to the comprehensive plan policies for Land Unit J of the Dulles Suburban Center. The amendments, which built upon an earlier 2016 Urban Land Institute study, permit retail and residential uses within Westfields to help keep it competitive as a jobs center relative to newer mixed-use centers and submarkets.

A major step in the furtherance of the new Land Unit J policies came on November 17, 2020, when the Fairfax County Board of Supervisors approved Stanley Martin Companies’ Stonebrook residential rezoning. The 12-acre Stonebrook site, located at the intersection of Westfields Boulevard and Newbrook Drive, is adjacent to the recently-completed retail offerings at Commonwealth Centre.

The rezoning approved 134 residential units, including 14 townhomes and 120 two-over-two (stacked townhomes). Though largely surrounded by single-use conventional suburban office and industrial buildings, Stonebrook will introduce an urban, pedestrian-friendly, walkability framework in proximity to retail and employment uses.

Housing affordability figured prominently into Stanley Martin’s overall approach. The project’s introduction of stacked townhomes to Westfields will provide a critical “missing middle” unit type that provides entry level homeownership choices. Stonebrook will also feature five affordable dwelling units and 11 workforce dwelling units (“WDUs”) that will be dispersed throughout the neighborhood and will be for-sale units—something Fairfax County has rarely seen since the 2007 inception of the WDU policy. Stanley Martin also agreed to lower its WDU income tiers, such that half of the WDUs will be provided at the 70 percent AMI tier, and half at the 80 percent AMI tier.

Given the site’s highly-visible and prominent location, Stanley Martin placed great emphasis on the project’s overall design. In an attempt to ensure greater opportunities for visual connections to open space, for example, the layout seeks to celebrate the site’s natural and visual elements by enhancing the RPA, preserving mature canopy trees, and preserving bottomland forest species.

To foster a pedestrian-friendly environment, the project will feature new urbanist-inspired high-quality urban architecture with the rear-loaded garages that will not be visible from public streets. A series of sidewalks will be constructed to connect residents and visitors across the site and to all open space areas. Given Westfield’s historic emphasis on parks and open spaces, the new community will feature a series of multiuse amenities and open spaces for both residents and visitors. This includes a publicly-accessible terraced park adjacent to Westfields Boulevard, pocket parks, interior courtyards, a bicycle service station, a watering station for pedestrians and pets, upgrades to existing trails, and more.

Substantial vegetation and landscaping will be provided along the adjacent pond, and a series of landscaped visual corridors will be created to draw residents and visitors into the site. As a result, Stonebrook will provide more than double the amount of required urban recreational space, nearly double the amount of required open space, 48 percent more tree cover, and will exceed the County’s tree canopy and tree preservation requirements. The project will include more than 75,000 square feet of new plantings, including 50,000 square feet of RPA reforestation.

A key concern with the application was how Stanley Martin would address issues of noise associated with aircraft overflights approaching Dulles International Airport. The property is located within the Board-adopted mapped DNL 60 to 65 dBA noise contours, and Stanley Martin proffered several enforceable noise mitigation and construction commitments that exceed building code requirements, zoning regulations, and similar obligations made in other Westfields applications. This includes designing homes to address peak episodic noise associated with aircraft overflights, post-development interior noise testing, disclosure requirements to initial and subsequent purchasers, marketing materials depicting the noise contour lines, and avigation easements for all homes.

The result of these efforts is a unique project and layout that fulfills the established comprehensive plan vision for Westfields in terms of land use and density, economic development, and hosing attainability. Stonebrook will respond to the increased need for for-sale, urban style housing in the Westfields area and complement the ongoing retail and residential uses at Commonwealth Centre. It will also respond to the increasing preference for residential opportunities in the vicinity of nearby employment uses, and contribute to Westfields’ overall economic vitality.

Image Source: Land Design Consultants

Image Source: Land Design Consultants

 

Image Source: Stanly Martin Companies

Image Source: Stanly Martin Companies

Fairfax County Board of Supervisors Approves Residential Tower at Scotts Run

Posted on by The Land Lawyers

InsideNOVA reported on the recently approved proposal by Cityline Partners LLC to build a residential tower on part of the Scotts Run Station South site in western McLean. Land use attorney and shareholder Lynne Strobel represented the applicant through the approval process.

[EXCERPT]

A single residential tower, instead of the previously planned two, will be built on a section of the Scotts Run Station South redevelopment project in western McLean, following the Board of Supervisors’ unanimous approval July 28. Read more

Fairfax County Board of Supervisors Approves Isaac Newton Square Redevelopment

Posted on by Brigitte Flores

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.

Fairfax City Council Approves Student Housing Development in Old Town Fairfax

Posted on by Brigitte Flores

On December 11, 2018, the Fairfax City Council approved an application submitted by Capstone Collegiate Communities, LLC (Capstone) to allow the development of a 275 unit multifamily building on a six-acre parcel located in Old Town Fairfax. A market leader in the student housing industry, Capstone specializes in the development, construction and management of high quality student housing communities in proximity to major colleges and universities throughout the country.

Land Use Attorneys Lynne Strobel and Robert Brant worked diligently with the development team, City officials and the community to obtain approval of a Comprehensive Plan Amendment, Rezoning, Special Exception and Certificate of Appropriateness. The approvals will allow the development of a purpose-built student housing community, the first of its kind in Northern Virginia, which will be marketed to graduate and undergraduate university students. The fully amenitized building will provide housing for up to 825 students in a secure, professionally managed setting. Due to the continued growth of nearby George Mason University (GMU), which has publicly acknowledged a need for additional off-campus housing options for its students, there is a growing demand for student housing in the region. The proposed development will help to meet that need.

The project provides a number of benefits to the City by adding residential density to support the business community in the City, strengthening the relationship between the City and GMU, and promoting further investment in Old Town Fairfax. This approval represents another step towards the revitalization of downtown Fairfax.

Madison Homes Proposes to Develop Townhomes as a Component of the Heritage Mall Redevelopment

Posted on by Elizabeth D. Baker
Source: IPEM

On December 6, 2016, the Fairfax County Board of Supervisors approved a rezoning of the Heritage Mall in Annandale from the C-6 Community Retail District to the Planned Development Commercial District. This paves the way for single-family attached residences to complement existing retail and office uses.

The 11-acre property is located on the west side of Heritage Drive in the Braddock Magisterial District. The eastern part of the property is currently developed with Heritage Mall, a retail shopping and office center.  Principal tenants in Heritage Mall include an H-Mart grocery store and CVS Pharmacy. The western portion of the property includes a parking lot, a former service station, a convenience store, and undeveloped open space.

The property owner, Bristow Shopping Center Limited Partnership LLP (Webb Companies), made significant improvements to the existing center in recent years, but sought to make better use of the excess parking area at the rear of the site.  Madison Homes contracted to purchase the back portion of the property, with a proposal to develop a new townhome community.  The first step in the approval process was to amend the Comprehensive Plan, which had envisioned a denser, multi-family component.  In June, the Board approved the amendment, opening up the rezoning action.  A total of 241,824 square feet of gross floor area (GFA) was approved including 75,412 GFA of commercial office and retail uses and 67 single-family attached dwellings for an overall FAR of 0.50.  As has been the case with several recent townhouse proposals in Fairfax County, parking was a significant issue.

The Planning Commission has focused on townhouse garage dimensions and guest parking due to recent parking concerns with higher density townhome projects.  Fortunately, after site visits and much discussion, the parking issue was adequately resolved and received Planning Commission approval.  The approval will permit an influx of investment and provide new residential opportunities in an older part of the County that has not previously benefited from the type redevelopment occurring in many other parts of the County.  A space for a community resource center will also be provided within the commercial component of the development.

 

 

 

 

 

The Land Lawyers Defend Fairfax County in By-Right Subdivision Case

Posted on by John Rinaldi
Source: courts.state.va.us/main.htm
Source: courts.state.va.us/main.htm

After losing in Fairfax County Circuit Court, Meadowbrook residents appealed to the Supreme Court of Virginia. Representing Fairfax County, The Land Lawyers defended the County’s subdivision zoning ordinance addressing dedicated public right of way.

In 1946, the original developer of a subdivision in Fairfax County called Meadowbrook recorded a deed and plat of subdivision creating 13 lots, all of which were served by public streets. One of the public streets, originally called Wedderburn Place, abutted two adjoining properties that were not part of the subdivision. The Deed of Subdivision contained 12 restrictive covenants, including a restriction stating: “All the aforesaid lots shall be known as residential lots and shall be used as a residence only.”

One of the two properties abutting Wedderburn Place was a four-acre parcel, known as the “Clark Property,” capable of subdivision into eight residential lots by right under the Fairfax County Zoning Ordinance. In order to accomplish the subdivision, however, the Fairfax County Subdivision Ordinance required a dedicated public right of way at least 30 feet in width. Wedderburn Place was less than 30 feet wide where it abutted the Clark Property.

In order to get a full 30 feet of width on Wedderburn Place, a prior owner of the Clark Property purchased an adjoining lot in Meadowbrook and dedicated an 803-square-foot portion of that lot (the “Dedicated Area”) to Fairfax County as public right of way. This dedication took place in 2010. Thereafter, the owner sold the Clark Property to a developer, which obtained approval of the by-right subdivision. Even though the dedicated right of way for Wedderburn Place was now 30 feet wide, the subdivision used only a very small part of the Dedicated Area as an actual public street. A majority of the Dedicated Area was to be used for sidewalks, swales, and storm drainage.

When the developer began clearing for the subdivision in 2015, one of the Meadowbrook residents filed suit in Fairfax County Circuit Court against the developer and the County, challenging the validity of the proposed use of the Dedicated Area as public access to the subdivided Clark Property. The resident claimed that the use of the Dedicated Area as access to the Clark Property violated a number of the covenants found in the Deed of Subdivision for Meadowbrook Subdivision, including the covenant limiting use of the Meadowbrook lots to “residential purposes.” The Circuit Court brought in the remaining Meadowbrook residents as necessary parties because they were all beneficiaries of the Meadowbrook covenants.

Walsh, Colucci, Lubeley & Walsh was retained to represent Fairfax County to defend the validity of the use of the Dedicated Area as public right of way. Following a two-day trial in November 2015, the Fairfax County Circuit Court held that use of the Dedicated Area as a public right of way serving the adjacent subdivision did not violate the Meadowbrook covenants. In its ruling, the Circuit Court applied the long-standing Virginia rule that (1) valid covenants restricting the free use of land, although widely used, are not favored and must be strictly construed, (2) the burden is on the party seeking to enforce covenants to demonstrate that they are applicable to the acts complained of, and (3) substantial doubt or ambiguity is to be resolved against the restrictions and in favor of the free use of property.

Following entry of the final order, the Meadowbrook residents appealed to the Supreme Court of Virginia. The residents claimed that (1) the Circuit Court’s ruling ran counter to the plain language of the covenants, (2) the Circuit Court’s reasoning was faulty, and (3) the Circuit Court’s ruling was counter to prior legal precedent.

In Virginia, an appeal to the Supreme Court of Virginia is not an appeal by right. The appellant must file a Petition for Appeal, to which the appellees can file an opposition. The Virginia Supreme Court then gives the appellant a hearing before a panel made up of three of the Virginia Supreme Court Justices. The appellees are not permitted to participate in that hearing, other than to observe it. If any one of the three Justices determines that an appeal should be granted, the appeal goes forward with briefing and a hearing before the full Court in which all parties can fully participate.

After reviewing the briefs of the parties and hearing the arguments of the residents’ counsel, the Supreme Court of Virginia rejected the residents’ appeal. After the rejection of the appeal, the residents filed a Petition for Rehearing, which the Supreme Court of Virginia also rejected. Because of this, the Circuit Court’s ruling will remain in place and the development will be allowed to go forward as originally approved.

Eminent Domain Prior Case Results

Posted on by Michael Coughlin

Station Plaza

Graphic DesignFollowing the threat of condemnation, the owner of Station Plaza, a shopping center located along the Route 1 corridor in Woodbridge, retained Walsh, Colucci, Lubeley & Walsh to help prepare a report that analyzed the impact of the demolition of two buildings and the elimination of reasonable access into the shopping center.
Continue Reading >>

 

VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Wolf Trap Foundation v VDOTWolf Trap Foundation for the Performing Arts, Inc. sought to obtain the maximum amount of just compensation for VDOT’s taking of 1.5 acres of Wolf Trap’s land from a 4.97 acre wooded lot for the construction of a traction power substation associated with development of the Metrorail’s Silver Line. Wolf Trap hired WCL&W’s eminent domain practice group led by Michael J. Coughlin based on a previous and successful zoning entitlement relationship with the firm.   Continue Reading>>

 

 

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