Land Use and Zoning Archives - Page 6 of 10 - Walsh Colucci Lubeley Walsh

Cathy Puskar Wins Approval for City of Alexandria Senior Living Facility

Posted on March 12, 2015May 21, 2019 by Amy Friedlander

Source: Urban, Ltd.

On February 21, 2015, after more than two years of development review and a six-hour public hearing including 53 speakers representing both sides of the issue, the Alexandria City Council approved a rezoning and development special use permit for the 66-unit Alexandria Memory Care Center by a required 6–1 supermajority vote. The Center, adjacent to the Woodbine Rehabilitation and Nursing Facility on King Street, will serve as a senior living facility specifically designed to provide care for 66 residents with Alzheimer’s disease or other dementias.

WCL&W shareholder Cathy Puskar represented the applicant, 2811 King Street, Inc., and led the development team through the long and controversial review process. Cathy and the development team worked with City staff and the community to address issues associated with the applications including building mass and scale, architecture, site design, tree preservation, affordability, and other technical items.

The approved Center meets the high bar set by City staff and the community to ensure compatibility with the adjacent residential neighborhood while addressing the critical need for senior assisted living facilities set forth in the City’s Strategic Plan on Aging. In consideration of Alexandria’s strong commitment to its seniors and the provision of affordable housing, two beds at the Center will be provided at a 40% subsidy for the life of the facility. Cathy’s counsel and determination brought this arduous and contentious process to a successful conclusion.

Around Prince William County: Latest Entitlements Keep Walsh Colucci In Demand

Posted on March 12, 2015December 17, 2018 by Jessica Pfeiffer

WCL&W is in demand in Prince William County. The firm’s attorneys and planners have secured entitlement approvals for six projects in and around the county: LongPointe, Rivergate, SunCap Property Group’s FedEx Ground Distribution Center, Elite Shooting Sports, and Cowles Nissan.

LongPointe
By Susan Flanigan

Source: Belno, LLC/C.W. Ralston Architects

Mike Lubeley and Susan Flanigan represented Belno, LLC, and Horner Road L.C. on the rezoning application of approximately 22 acres in a prime location at the I-95/Prince William Parkway interchange in eastern Prince William County. The Board of Supervisors approved a mixed-use project that includes a nonresidential component containing a maximum of 415,000 square feet of gross floor area. The project will incorporate office, hotel, and convenience/service retail (including first-floor retail in multi-story office buildings) and a 216-unit multi-family component. The central design feature of the project is a ½-acre central plaza area that will be developed with a combination of landscaping, hardscape, and a water feature. The initial phase of the development will include off-site transportation improvements to complete the intersection of Telegraph Road and Caton Hill Road, the residential building, and a hotel or office building. The balance of the office/hotel will be constructed in Phase 2.

Rivergate
By Susan Flanigan

Source: Rivergate Holdings, L.C./Heffner Architects, P.C.

Mike Lubeley, Jay du Von, and Susan Flanigan worked with the IDI Group Companies over the past three years to secure the approval of the redesigned Rivergate project, located in North Woodbridge overlooking the Occoquan River. The 720-unit, upscale, multi-family residential development will be located in two buildings (4–6 stories in height), each with its own package of recreational and social amenities. The buildings will be built in the “Texas donut” style, which includes structured parking completely surrounded by units to create an engaging and pedestrian-friendly streetscape. Considerable time was spent with various community groups educating the public about the challenges and benefits of this pioneering project as a catalyst in the revitalization of North Woodbridge.

SunCap Property Group FedEx Ground Distribution Center
By Marian Harders

Source: SunCap Property Group-FedEx Ground Distribution Center

Jay du Von and Marian Harders received unanimous approval from the Prince William Board of County Supervisors for a rezoning of approximately 32 acres located on Cushing Road. Rezoning to an M-T (industrial/transportation) classification allowed for a ±175,500-square-foot warehouse and distribution facility to be developed by SunCap Property Group for its tenant, FedEx Ground. The rezoning required the applicant and developer to work closely with County staff and adjacent neighbors on realignment plans for Cushing Road and its intersection with Balls Ford Road. The realignment involved moving the existing intersection approximately 305 feet east, redesigning a portion of Cushing Road, and negotiating off-site easements.

Elite Shooting Sports
By Jonelle Cameron

Source: Elite Shooting Sports

Pete Dolan and Jonelle Cameron received unanimous approval from the Prince William County Board of County Supervisors for a special use permit for Elite Shooting Sports, an indoor shooting range located at 7751 Doane Drive in Manassas. This high-tech, 65,000-square-foot building includes four shooting ranges (two 25-yard ranges, one 50-yard range, and one 100-yard range, which total 42 lanes) and various classroom spaces, which include a simulator training room and a planned two-level, live-fire shoot house. Elite Shooting Sports opened to the public in November 2014.

Cowles Nissan
By Jessica Pfeiffer

Source: Cowles Nissan/The Engineering Groupe

Jay du Von and Jessica Pfeiffer successfully completed a special use permit amendment for Cowles Nissan. Located at 14777 Jefferson Davis Highway, Cowles Nissan sought the special use permit amendment to redevelop its existing dealership including the replacement of existing buildings. The existing buildings were constructed in 1980 and 1986 and the redevelopment of the site, which includes future structural parking, will dramatically improve the site’s overall appearance and enhance business operations. The property is part of the Potomac Communities Revitalization Plan.

Arlington County Board Green-lights Gables North Rolfe Street Project

Posted on March 12, 2015May 21, 2019 by thelandlawyers

Source: Gables Residential

WCL&W Shareholders Evan Pritchard and Cathy Puskar worked closely with Gables Residential and Arlington County to win redevelopment approval for the Gables North Rolfe Street project. The development involves an exchange of land parcels between Gables Residential and the County that allows for redevelopment of the entire block, and the provision of a new replacement facility for Independence House, a County-run transitional living facility that has operated on the site since 1993. The project advances the vision for the area set forth in the Fort Myer Heights North Plan with the construction of two new LEED Gold residential buildings that will include 395 residential units, 39 of which will be committed affordable units, and a new public park at the corner of 14th Street North and North Rhodes Street.

Source: Gables Residential

Site Redevelopment Approved for Crystal City’s “Paperclip” Building

Posted on February 3, 2015 by thelandlawyers

Image Courtesy of LCOR

The next chapter of redevelopment in Arlington County is now set to take place at 400 Army Navy Drive. Shareholders Nan Walsh and Evan Pritchard secured approval from the Arlington County Board for a site plan amendment that will replace the existing 1960s-era office building on the site, known as the “Paperclip Building,” with two new residential towers.

The site plan project advances the vision of the Crystal City Sector Plan with world-class architecture, improved streetscape and public infrastructure, financial contributions toward affordable housing and open space in Crystal City, and many other community benefits. The project’s residential focus will also help balance the predominantly commercial uses in this corner of Arlington County and contribute to Crystal City’s continued revitalization and transformation into a thriving, mixed-use community. The two towers, which will share lobby and courtyard amenities at the ground level, will be LEED Gold certified and include a total of 453 multi-family dwelling units, 15 of which will be affordable.

WCL&W Propels Redevelopment and Rezoning Approvals for Two Sites in Tysons

Posted on February 2, 2015 by Elizabeth D. Baker

The Fairfax County Board of Supervisors recently approved two redevelopment/rezoning proposals shepherded by Art Walsh and planner Elizabeth Baker.

Westpark Plaza
Source: MTFA Architecture, Inc.

Westpark Plaza

In November, the Board approved an application by the Dittmar Company to rezone the site of the former Westpark Hotel, at the corner of Route 7 and Westpark Drive, from C-7 (Regional Retail District) to PTC (Planned Tysons Corner Urban District). The site is located just over ⅛ mile from the newly opened Greensboro Metro Station. Known as Westpark Plaza, the project will include residential, hotel, and retail/service uses with a maximum gross floor area of nearly 1.5 million square feet. A hotel with up to 300 rooms and two high-rise residential towers with 1,300 multi-family rental units will sit atop a parking podium lined with ground floor retail/service uses fronting on Route 7. Reaching a height of 330 feet, the residential towers, designed by MTFA Architecture, Inc., will have a dramatic effect on the Tysons skyline.

Westpark Plaza will include a large neighborhood park in the center of the block providing a variety of active and passive park spaces for the project’s residents and the wider community. An open play lawn will accommodate pick-up games while sport courts, playground, and passive recreational areas will provide for a variety of activities. A Final Development Plan for the first tower, with 610 dwelling units and interim park space, was also approved by the Planning Commission in October.

7915 Jones Branch Drive
Source: Design Collective, Inc.

7915 Jones Branch Drive

A joint venture between PS Business Parks and Kettler sought and won Board approval for rezoning a 5.7-acre parcel in the West*Park Office Park from C-3 (Commercial Office District) to PTC (Planned Tysons Corner Urban District). An existing six-story office building, consisting of 135,296 square feet of gross floor area, and associated surface parking will be redeveloped with a 450,000-square-foot residential building including up to 400 multi-family dwelling units. Optional retail/service uses are permitted on the ground floor. Designed by Design Collaborative, Inc., this mid-rise building, located approximately ½ mile from the Tysons Metro Station, offers an alternative to the high-rise offerings being constructed closer to the transit stations.

The development of 7915 Jones Branch Drive will be the first phase of a redevelopment of the surrounding area into a new residential community with services and parks. The approval provides for three new streets that can be extended when adjacent properties choose to redevelop. A 1.4-acre park area will be constructed with the building and is the beginning of a much larger signature recreational park planned to be completed during potential future phases. A site plan was recently submitted to Fairfax County.

Redevelopment Success in Old Town Manassas

Posted on February 2, 2015 by Jessica Pfeiffer

Jay du Von and Jessica Pfeiffer successfully worked with Rector Companies, LLC, on the rezoning and redevelopment of the old Manassas News and Messenger building and property in Old Town Manassas. The property had been vacant since the News and Messenger closed in 2012. The proposed development, Messenger Place, previously known as Old Town Heights, is located between Center and Church Streets, across from City Hall. The rezoning to City Center Transitional will allow for a five-story mixed-use building with 3,500 square feet of retail/commercial and 94 upscale apartment units.

This exciting redevelopment opportunity received a unanimous recommendation of approval from both the Manassas City Planning Commission and the Manassas City Council. Many restaurant and store owners in Old Town Manassas attended the hearings to speak in support of the redevelopment.

FBI and U.S. Attorney’s Office Send Clear Message to Contractors

Posted on February 2, 2015 by Michael Kalish

On December 15, 2014, the Federal Bureau of Investigation and the United States Attorney’s Office issued a press release announcing an agreement between the United States and Forrester Construction Company whereby Forrester admitted to certain abuses of the District of Columbia’s Certified Business Enterprise Program and the U.S. Small Business Administration’s 8(a) Business Development Program. As part of this Non-Prosecution Agreement, Forrester agreed to pay a $2.15 million fine to the United States, to take other administrative actions, to make internal company changes, and to take further steps to raise awareness regarding proper participation in these programs. Publication of this Non-Prosecution Agreement came 18 months after it was reported by local media that Forrester had settled similar claims with the Attorney General of the District of Columbia for $1 million.

This release should serve as a warning to all developers and contractors who participate in public construction projects, which typically offer incentives or include requirements for using firms who qualify under various small or disadvantaged business owner programs, such as the Certified Business Enterprise Program or the SBA’s 8(a) program. In addition to possible contractual and procurement code violations, a failure to comply with representations made in order to obtain awards of government bids could lead to criminal prosecution.

Pursuant to the FBI and USAO’s press release and the Non-Prosecution Agreement (which was made available by the U.S. Department of Justice), the contractor in this case acknowledged entering into various joint venture agreements with qualifying Certified Business Enterprise partners and representing to the District of Columbia that each CBE partner was the majority member of the venture and would control day-to-day operations under the contract. Subsequent to receipt of the award, the penalized contractor and the CBE member modified the terms of the joint venture arrangements such that the CBE member was given less control and interest, contrary to the requirements of the contract and the submitted bid.

The lesson all contractors participating in government contracts should take away here is that local and federal government entities are on the look-out for possible violations of disadvantaged business owner program requirements and contractual provisions. While the facts of this case indicate deliberateness on behalf of the penalized contractor to skirt these provisions, contractors who obtain public project bids by certifying the use of disadvantaged businesses must make meaningful efforts to comply with their contractual requirements or risk not only contractual penalties, but criminal penalties as well.

“Realize Rosslyn” Approaches Final Phase

Posted on January 5, 2015May 21, 2019 by Admin

Since the opening of the Rosslyn Metro Station in 1976, Rosslyn has been faced with a set of challenges not uncommon to urban downtowns: managing pedestrian and automobile traffic, a need for more affordable housing, retail, and office space, and a desire for useable parks and open space areas.

To address these challenges, the County Board initiated a community-driven process known as Realize Rosslyn to update the Rosslyn Sector Plan, which was last updated in 1992. The goal of Realize Rosslyn is to guide Rosslyn’s growth and development in accordance with the County’s General Land Use Plan and policies.

Now in its final phase, Realize Rosslyn will result in an updated Rosslyn Sector Plan intended to maintain Rosslyn’s vibrant and familiar commercial center by creating a high-density, mixed-use district with an improved network of sidewalks, bike lanes, and walkways that connect to enhanced parks and open spaces. Rosslyn will continue to be a major transit hub that will become better connected through the creation of a grand esplanade linking Gateway Park and Freedom Park, and through an extension of 18th Street from the Metro station to the Potomac riverfront.

Realize Rosslyn subcommittees addressing building height and massing, parks and open space, and transportation issues will soon be wrapping up their meetings on those topics. The full Realize Rosslyn committee, known as the Process Panel, will hold meetings in November and December to finalize input for the Rosslyn Sector Plan update, the first draft of which is scheduled for release at the end of the year. Additional community input will be gathered in the first few months of next year that will be incorporated into the final draft to be presented to the County Board in April 2015.

Hybrid Energy Park

Posted on January 5, 2015 by Admin

Rendering of Hybrid Energy Park

Our client, Green Energy Partners, sought to obtain approval to construct a hybrid gas turbine/reuse water and photovoltaic solar array power plant in Loudoun County. The hybrid facility was proposed as an environmentally friendly, combined-cycle natural gas and water power plant that would provide a clean energy source and fulfill the region’s needs for new energy. More specifically, the proposal was for a (nominal) 778-megawatt facility, including a 589-megawatt combined-cycle gas turbine plant, with two 197-megawatt, simple-cycle peaking gas turbines.

Hiring the Firm

Knowing that approval of such a large and complicated project would require a team with local land entitlement experience and political connections, Green Energy Partners hired WCL&W Shareholder Randy Minchew and Senior Land Use Planner Kimberlee Hise (f/k/a Kimberlee Cummings).

Steps Taken to Achieve the Goal

Rezoning and Special Exception approvals were necessary prior to construction. In order to achieve approvals, multiple high-level meetings with elected and appointed officials, as well as significant community outreach, was required.

The Outcome

The power plant, which will be one of the cleanest facilities of its kind in the United States, was approved unanimously and will allow Loudoun County to use power generated within its borders for the first time since the County’s inception in 1757. The approved facility will use up to 4.5 million gallons per day of wastewater effluent for cooling water, eliminating 2 billion gallons of effluent per year from being discharged into the Potomac River and Chesapeake Bay. The hybrid power plant will be one of the largest infrastructure projects in Virginia, and will serve as a stimulus for the local economy, creating 1,205 jobs and $183 million per year in revenues during three years of construction. Once operational, it is estimated that the facility will generate between $8 million and $412 million per year in Loudoun County real estate and personal property tax.

Update

Bechtel and Siemans Energy, Inc., are building the plant for Panda Power Funds. Construction began in July 2014 and recently all of the offsite reuse waterline easements were obtained, which included 13 different properties. Reuse water will be supplied from the Town of Leesburg wastewater treatment plant. Panda Power Funds has raised $571 million for the Hybrid Energy Park facility and construction is anticipated to be completed in the spring of 2017.