“Envision Courthouse Square” Approaching Final Planning Phase

Building ImageArlington County is currently in the process of developing a concept plan for a new civic center at Courthouse Square. This planning effort, known as “Envision Courthouse Square,” aims to update and improve the 1993 Courthouse Sector Plan Addendum to address public open space and cultural resources and to identify a potential location for a 300,000+-square-foot County office building and a cultural facility.

Other objectives include determining appropriate uses and sizes for surrounding public and private buildings, improving circulation networks in the area, and developing recommendations for the long-term sustainability of Courthouse Square. The ultimate goal of this planning process is to integrate a network of buildings and outdoor areas to create a lively, pedestrian-friendly, mixed-use square that will serve as the civic heart of Arlington County.

Throughout the concept planning process, County Staff has solicited input from the Courthouse Square Working Group (a team of investors, sponsors, and community representatives chosen by the County Board), various County Commissions, neighborhood and civic groups, and interested members of the public. In September 2014, based on feedback received from these various stakeholders, County Staff released three design concepts.

Through an ongoing civic engagement process, County Staff gradually refined its recommendations for the new Courthouse Square. In mid-October 2014, Staff released a single concept design that incorporates the most desirable elements of the original three designs. The primary attribute of the current concept plan design is the replacement of the existing Courthouse parking lot with a public park. The plan also features several new public and private buildings framing the square, increased ground-floor retail opportunities, a pedestrian promenade, improved and relocated Metro entrances, pedestrian and transit circulation upgrades, and a potential civic/cultural programmable space at the south end of the square. On October 29, 2014, the Working Group met with Staff to offer feedback on preliminary recommendations relating to circulation and parking, open space, building size and use, cultural resources, and sustainability.

The Working Group will conclude its review of the Staff recommendations at its next meeting (scheduled for November 19). Staff has tentatively scheduled a work session with the County Board for early December 2014. At this meeting, Staff will present the concept plan design and associated recommendations and solicit guidance from the County Board on several key issues. Using the input received at this work session, Staff will then initiate the Sector Plan update process, which will run through late spring of 2015 and include further opportunities for public input.

Amendment Allows New Hotel in Arlington

On March 15, 2014, the Arlington County Board unanimously approved a General Land Use Plan Amendment, rezoning, and site plan to allow an 161-unit hotel at 2401 Wilson Boulevard in the Courthouse area of Arlington, VA. The Arlington County Board also approved a use permit to allow a Unified Residential Development to permit four (4) single family homes to provide a transition from the hotel to the Lyon Village neighborhood. The hotel will feature a hotel-branded bar as well as an approximately 1,300 square foot restaurant.

2401 Wilson Blvd 448x336

Representing Schupp Companies, Nan Walsh worked closely over the last several years with the Lyon Village Civic Association to ensure that the hotel provided an attractive and appropriate transition from the high-density Rosslyn-Ballston corridor to the low-density single family neighborhood. The new Arlington hotel is planned to be a Hyatt Place and Schupp Companies hopes to break ground this summer.

Potomac Shores

Our client, SunCal, an experienced developer of master-planned and mixed-use communities, sought to obtain entitlements for Potomac Shores, one of the larger mixed-use developments in Northern Virginia.

SunCal sought our firm’s expertise in the entitlement process and knowledge of Prince William County’s zoning practices.

Walsh Colucci partners Mike Lubeley and Pete Dolan, along with Land Use Planner Susan Flanigan, worked hand-in-hand with Sun Cal and their development team on all aspects of this project, which resulted in a well-planned development that the stakeholders, County Staff, Planning Commission and Board of Supervisors supported.

The efforts of the Walsh Colucci team assisted SunCal in fulfilling their vision for Potomac Shores: an approximately 1,885 acre resort destination with up to 3,987 homes and 3.7 million square feet of commercial space, including a resort hotel, town center, marina, 18-hole Jack Nicklaus Signature Golf Course, a Virginia Railway Express station and a substantive public and private amenity package. Highlights of the project include maintaining 45% of the site as natural open space, transportation solutions, 10 miles of natural trails and a section of the Potomac Heritage National Scenic Trail as part of the overall pedestrian network, elementary and middle school sites and approximately 55 acres for recreational fields, including two lighted artificial turf fields.

 

Potomac Shores Development

 

Arlington County Zoning Update

Realize Rosslyn Underway

In December 2012, Arlington County kicked off the review and update of the Rosslyn Sector Plan with a community visioning workshop. A long range vision for Rosslyn was first created in 1977 with the adoption of the Rosslyn Transit Station Area Study. Subsequently, in 1992, the Rosslyn Station Area Plan Addendum put forth a vision of a Arlington’s downtown, urban center. With significant development since 1992 and anticipated development on the horizon, the current process will update the 1992 Addendum and provide solutions to some of the present challenges in Rosslyn. The update process, referred to as “Realize Rosslyn,” will be a highly public process that will engage and encourage participation from a wide group of stakeholders, but also draw on the professional services of several planning and traffic consultants. The community process will focus on four key planning areas:

  • Creating an enhanced urban design framework;
  • Refining, and improving transportation options;
  • Recommending a building heights strategy;
  • Developing a more cohesive, functional parks and open space network.

To continue the discussion, Arlington County has scheduled a two-part community workshop series for March 13, 2013 (7:00 pm at the Artisphere) and March 14, 2013 (6:30 p.m. at the Artisphere). Additional information on the planning efforts can be found by clicking here.

Fairlington and Shirlington

On Monday, March 4th, Arlington’s Planning Commission revised a draft update to the Fairlington-Shirlington Neighborhood Conservation Plan, which was last updated in 1987. The draft Plan addresses citizen concerns and visions for future redevelopment in the Fairlington and Shirlington communities. The draft can be viewed online by clicking here.

Zoning Ordinance Rewrite

Following the County Board’s adoption of the new Sign Ordinance in July 2012, Comprehensive Planning staff forged ahead with the second phase of the County’s effort to update the Zoning Ordinance. Initiated in December 2010, Arlington County is in the process of comprehensively revising and transforming the Zoning Ordinance (most recently comprehensive reviewed in 1950) into a more user-friendly document. The second phase will be completed in two parts: A and B. Part A is currently underway and will include a reorganization and removal of the pyramid structure of the Zoning Ordinance. According to staff, these changes will include:

  • Creating individual use lists for each zoning district, which will remove the references to uses permitted in a previous district.
  • Incorporating graphics and tables to illustrate and summarize important regulations, such as minimum lot size, height and density.
  • Embedding links to make the Zoning Ordinance more web-friendly.

Staff anticipates that the reorganized Zoning Ordinance will be presented to the County Board in May 2013. Upon completion of Part A, Part B will undertake minor policy changes to the Zoning Ordinance. Part B will revise definitions and inconsistencies, incorporate administrative practices and Zoning Administrator determinations and resolve any conflicts presented by the reorganization of Part A. As is typical for Zoning Ordinance changes, the Zoning Committee of the Planning Commission (ZOCO) will provide review and feedback of staff’s proposed changes.

Change of Outdoor Café Regulations

Arlington County is proposing a Zoning Ordinance Amendment regarding outdoor cafes on private property. Given the increased number of outdoor cafes in Arlington, the County is seeking to codify its policies and practices. As proposed by County Staff, the key characteristics of an outdoor cafe are: accessory to primary restaurant use, lacking permanent walls and fixtures, containing fewer seats than the primary restaurant, and being open the same or fewer hours than the primary restaurant. The Zoning Ordinance Committee of the Planning Commission discussed the amendment in February and public hearings on the amendment will likely occur in May.

North Quincy Street Plan Addendum Approved

On February 23, 2013, the Arlington County Board approved the North Quincy Street Plan Addendum after a lengthy staff and community planning process. Over the past three years, 12 Long Range Planning Committee and community meetings were held to review the framework and specific recommendations of the Plan. The Plan Addendum serves to supplement the 1995 North Quincy Street Plan which covers a larger land area.

The approved Addendum focuses on the east and west sides of Glebe Road, between North Carlin Springs Road and Henderson Road. The new Plan assumes larger scale redevelopment to occur on the east side of North Glebe Road and provides for a base density of 1.5 FAR on the east side of the study area with guidance suggesting that additional development may be achieved through application of the County’s bonus density provisions up to a maximum of 4.0 FAR. The Plan anticipates redevelopment on the west side of North Glebe Road at approximately the same level of intensity as currently planned, but allowing flexibility for a potential change to the General Land Use Plan along the Glebe Road frontage and recommends that the tallest building heights be located along North Glebe Road. The Addendum provides for future improvements to the transportation network, both vehicular and pedestrian, in order to break up the two large ‘super–blocks’. A significant open space area is depicted in the center of the west block.

During the motion to approve the Addendum, Board Member, Jay Fisette, stated that the new Plan was a “huge success of the process” and that while the hearing discussed some of the finer points, “the big picture was all very positive”. Board Members Garvey and Hynes concurred with his remarks. Approval of the Plan Addendum was unanimous. For more information, contact Liz Nicholson in WCLEW’s Arlington office at 703-528-4700.

Town of Leesburg Adopts Crescent Design District

The Town of Leesburg adopted the Crescent Design District as part of the Zoning Ordinance on January 7, 2013. The goal of the Crescent Design District is to achieve a more urban style of development reminiscent of historic downtown Leesburg in the part of town located adjacent to the historic downtown. As such, the Crescent Design District calls for creating new street connections to create a grid pattern within this area, buildings located closer to the street with parking located behind the buildings, and staff-administered (as opposed to Board of Architectural Review approved) architectural design standards. This new district presents opportunities for greater densities, mix of uses and building heights than previously has been possible in this area of Leesburg.

Crescent District Image
Link to Crescent District Vicinity Map with Legend

The Crescent Design District encompasses approximately 428 acres and its general location is along East Market Street, Catoctin Circle and South King Street north of the Route 7/15 Bypass. In order to assure consistent implementation of the provisions of the new zoning district, the Town also passed amendments to the Town Plan, the Design and Construction Standards Manual, the Subdivision and Land Development Regulations, as well as amendments to the H-1 and H-2 architectural control overlay districts, since the Crescent Design District overlaps those two districts. A map of the Crescent District and the ordinances and amendments can be reviewed on the Town of Leesburg website at http://www.leesburgva.gov/index.aspx?page=1692.

For more information on the foregoing bills, please contact Andrew A. Painter or Christine Gleckner of the Loudoun office if you are interested in learning more about this innovative planning and zoning effort in the Town of Leesburg.

Redevelopment of Old Dominion Speedway

Redeveloping a racetrack has its own set of challenges. For the Old Dominion Speedway, Stanley Martin Homes decided to redevelop it as a TND style, garage townhome community. Not surprisingly, there was strong support from the surrounding community, which was not amused by the “rolling thunder” soundtrack playing from March through October several nights a week.

The grid pattern neighborhood layout, with a 1½ acre central green, numerous pocket parks and an 8+ acre passive natural area, with walking trails, received strong support from Prince William County staff. The project received unanimous support from the Planning Commission and the Board of County Supervisors when it was approved in December, 2012.

2013 General Assembly Update and Its Possible Consequences

Virginia Capitol Building

The Virginia General Assembly convened January 9, 2013 and is scheduled to adjourn on February 23, 2013. Much of the 45-day “short session” has already been devoted to the discussion of federal budget impacts, uranium mining, implementation of the Affordable Care Act, and Governor McDonnell’s 2013 transportation package. “Crossover,” the last day for each house to consider its own legislation (excepting budget matters) and to forward all approved bills to the other chamber, is scheduled for February 5, 2013.

Walsh Colucci’s Legislative Committee has been monitoring several bills related to the real estate industry and a comprehensive legislative list may be downloaded here. Walsh Colucci will provide periodic updates on the status of these bills and will compile a final list of pertinent legislation following adjournment.

A comprehensive list of descriptions and resolutions of all bills filed during the 2013 General Assembly session may be found on the General Assembly’s Legislative Information Service homepage.

Some legislative initiatives of note include the following:

Attorney Fees In Zoning Actions (HB1429 (Morris)): This bill provides that a court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in a zoning action brought against it or that successfully challenges the validity of a zoning ordinance.

Dulles Toll Road Rates (HB 1696 (Minchew)): This bill authorizes VDOT to enter into an agreement with the Metropolitan Washington Airports Authority whereby MWAA would reduce tolls on the Dulles Toll Road in exchange for the Commonwealth’s moral obligation backing of bonds, not exceeding an aggregate principal amount of $500 million.

Stormwater Management Ordinances (HB2190 (Cosgrove)): This bill would require localities that adopt more stringent stormwater management requirements than those necessary to ensure compliance with the minimum regulations of the Soil and Water Conservation Board to submit such requirements to the Board to confirm that statutory requirements have been met and that the locality’s determinations pursuant to the statute are reasonable.

Recorded Plats and Final Site Plans (HB2238 (Marshall)): This bill provides that a site plan shall be deemed final once it has been reviewed and approved by the locality if the only requirement remaining to be satisfied in order to obtain a building permit is the submission of any other administrative documents, agreements, deposits, or fees required by the locality in order to obtain the permit.

Cash Proffers (HB2239: (Marshall)): This bill would provide that cash proffers shall not be used for any capital improvement to an existing facility that does not expand facility capacity or for any operating expense of an existing facility such as ordinary maintenance or repair.

Cash Proffers (HB2265 (Knight)): This bill would allow localities to waive certain written notice requirements in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner.

Condominium Declarant Control Periods (HB2275 (Peace)): This bill would expand declarant control periods where a declarant has reserved the power to add more units to the condominium and provides that, at the request of the declarant and a two-thirds affirmative vote, the initial declarant control period for an expandable condominium may be extended at any time prior to its expiration, provided that it does not exceed 15 years from the settlement of the first unit to be sold in any portion of the condominium.

Governor’s Transportation Bill (HB2313 (Howell)): This bill would raise registration fees for vehicles and trailers, raises the license fees for electric vehicles, raises the state sales and use tax from 4 percent to 4.8 percent and designates the increased revenues for the Commonwealth Transportation Fund. The bill also proposes the elimination of the statewide gas tax and makes several technical changes related to the administration of these provisions.

For more information on the foregoing bills, please contact Andrew A. Painter.

New Tysons Transportation Service District and Funding Mechanisms Adopted for Tysons Infrastructure

urban traffic image

The Tysons Transportation Service District was created by the Fairfax County Board of Supervisors on January 8. Within this Tysons Transportation Service District, funding mechanisms (taxes) were approved to help pay for the new roads and public transportation that will be needed to support the future, densely developed and urbanized Tysons. These new taxes will affect the approximately 6,000 commercial and residential properties in Tysons, and will be paid based on assessed property values. The tax rates will not be set until adoption of the next Fairfax County Budget, which is generally considered by the Board of Supervisors in April of each year. More information about the newly created Tysons Transportation Service District can be located starting on Page 87 of the January 8 Fairfax County “Board Package”, and which can be found at the following location:
http://www.fairfaxcounty.gov/government/board/bdagenda/2013/board-package-jan8.pdf.

A series of property maps that highlight all of the properties that are affected by the implementation of the Tysons Transportation Service District can be found on Fairfax County’s website at this location:
http://www.fairfaxcounty.gov/tysons/service_district_mapbook.pdf.

At this same public hearing, the Board of Supervisors adopted “Tysons-Wide” and “Grid of Streets” transportation funds; the guidelines associated with each fund; and adjusted the annual rate on the existing fund to reflect inflation. The new funds, guidelines, and the rate change will become effective on February 1, 2013. Additional information about these newly adopted funds can be located starting on Page 91 of the January 8 Fairfax County Board Package, and which can be located at the following location:
http://www.fairfaxcounty.gov/government/board/bdagenda/2013/board-package-jan8.pdf.

According to Fairfax County, it is estimated that the fund for the Grid of Streets will generate approximately $300 million over the next 40 years, and the Tysons–Wide fund will collect approximately $253 million during the same period. Developers within the Tysons Transportation Service District must contribute into these funds at the following rates:

    • “Grid of Streets” – $6.44 per square foot of commercial development and $1,000 per residential unit.
    • “Tysons-Wide” – $5.63 per square foot of commercial development and $1,000 per residential unit.

Residential Modifications to “EDS Site”

EDS Site Plan

On November 20, 2012, Walsh Colucci, representing Timber Ridge at EDS, LLC, an entity of the EPH Group, received unanimous support from the Fairfax County Board of Supervisors to allow modifications to a 37-acre portion of the “EDS Site” located at the intersection of Centreville Road and Wall Road. The Applicant modified the previously approved development plan to allow a total of 720 multifamily units and 85 townhomes. The development will be conveniently located to the north of the Dulles Discovery office complex that is currently under construction, the Route 28 technology corridor, as well as Dulles International Airport. The approved proffers provide for significant transportation and park improvements, including a North-South Collector Road which will connect the existing Air and Space Museum Parkway to McLearan Road, as well as dedication of a 17-acre park complex to the Fairfax County Park Authority to include 5 fields.