On December 8, 2012, Nan Walsh presented to the Arlington County Board the proposed redevelopment of the Bergmann’s Drycleaner’s site, located at the intersection of North Veitch Street and Lee Highway, less than a half mile from the Courthouse Metro Station. In unanimously approving the project, the County Board discussed policy issues including the exemption of a grocer from density, building height north of Lee Highway, and the need for a Lee Highway study. The project’s developer, McCaffery Interests, also developer of Market Common Clarendon, received approval of a 13,257 square foot MOM’s Organic Market and 202 multifamily dwelling units comprised of 42 units on the site’s west block and 160 units on the east block. The project’s benefits include LEED Gold certification, 11 on-site affordable housing units, realignment of the existing Custis Trail, addition of a gazebo and water fountain to serve trail users, an $150,000 contribution to allow improvements at McCoy Park, transportation improvements to the intersection of Lee Highway and Veitch Street, transportation demand management program, landscaping and perpetual maintenance of adjacent VDOT right-of-way, and clean-up of an environmentally contaminated site.

The following list identifies some major road projects in Northern Virginia (including the Stafford and Fredericksburg area) that are in the design or right-of-way acquisition phase. If you would like more information on these projects than is set out below, or if your property is affected by one of the projects, you are invited to contact one of our condemnation lawyers.

Prince William County Route 1/123 Interchange

VDOT is in the right-of-way acquisition phase for a new interchange between Route 1 and Route 123. Route 1 will be widened from four to six lanes between Mary’s Way and the Occoquan River. Route 123 will also be widened from four to six lanes from the Route 1 interchange to just east of the I-95 interchange. Right-of-way acquisition and the Route 1 widening (Phase 1) is fully funded; however, funding for the interchange (Phase 2) is not yet secured. Here is the projected schedule:

• • Within the next 90 days: offers made to property owners
  • 2013 – Begin utility relocation
  • 2014 – Advertise for construction
  • 2015 – Begin construction of Route 1 widening (Phase 1 improvements)

More information is available at:

http://www.virginiadot.org/projects/northernvirginia/route_1-123_interchange.asp

Route 1 Widening from Neabsco Mills Road to Featherstone Road

Prince William County, through its 2006 bond referendum, is widening Route 1 in this area to 6 lanes. Here is the current projected schedule:

• • November 2012: 60% plans for roadway and drainage design are available
  • Spring 2013: Right-of-way acquisition begins
  • December 2013: Utility construction begins, first with utility ductwork then roadwork starting in November 2014
  • Winter 2016: Construction complete

More information is available at:

http://www.pwcgov.org/government/dept/dot/Pages/Current-Road-Projects.aspx

Route 28 Widening (Linton Hall Road to Fitzwater Drive)

Prince William County is also widening Route 28 to four lanes in this area. Here is the projected schedule:

• • January 2013: Final construction plans available
  • Winter 2013: Right-of-way acquisition for Phases 1 and 2 begins
  • Summer 2013: Construction of Phase 1 begins (Linton Hall Road to re-aligned Vint Hill Road)
  • Phase 2 begins once funded

More information is available at:

http://www.pwcgov.org/government/dept/dot/Pages/Current-Road-Projects.aspx

Stafford New Stafford Interchange: Route 630/I-95

VDOT is in the design phase of a new interchange at I-95 exit 140 which will completely re-configure this interchange. The estimated project schedule is as follows:

• • November 2013: Right-of-way acquisition begins with appraisers working for VDOT contacting property owners
  • November 2015: Construction of the interchange begins pending approval of funding

VDOT has funding for the project design and for right-of-way acquisition. The preliminary design and details of the project can be viewed at:

http://www.virginiadot.org/projects/fredericksburg/route_630_courthouse_road_and_ interstate_95_interchange_reconstruction.asp

Route 17 Widening

VDOT will be widening route 17 in Stafford County to six lanes west of Interstate 95 from McLane Drive to 0.2 miles north of Stafford Lakes Parkway. The project is fully funded, right-of-way acquisition has begun, and construction should begin in the late winter of 2013, with an estimated completion date in 2015.

Fredericksburg Fall Hill Road Widening

The City of Fredericksburg and VDOT are working together to widen Fall Hill Road to four lanes between Carl D. Silver Parkway and an extension of Mary Washington Boulevard. The project is in the design phase, with a design-build contract solicitation coming soon. Right-of-way acquisition will begin in late 2013, and construction will run from mid-2014 to mid-2016.

More details are available at:

http://www.fredericksburgva.gov

On September 6, 2012 the Town of Leesburg Board of Architectural Review granted the Certificates of Appropriateness required to implement the redevelopment of land owned by the Arundel family, and on which the Loudoun Times-Mirror (LTM) bases its operation in the heart of the downtown Leesburg historic district. This project is significant for the Town of Leesburg, since it is for the only undeveloped parcel within its downtown’s old and historic district, the centerpiece of Leesburg’s identity and character.

Randy Minchew, the managing shareholder for the Leesburg office, and land use planner, Christine Gleckner, began working with L4 Realty Capital, LLC (L4) and its representatives, Landmark Realty, nearly two years ago, in an attempt to gain approval for the redevelopment of this site. The plan was fairly straightforward: reuse the early 20th century LTM building on Market Street for retail and restaurant use, demolish the cinderblock building at the rear of the LTM building, construct a three-story retail/restaurant/office building at the corner of Loudoun and Church Streets at a scale compatible with the existing buildings in the same block on Loudoun Street, and construct a large footplate building (25,000 SF) in the existing parking area between Market and Loudoun Streets and accessed from Church Street, with underground parking proposed beneath the office building.

Since the site is located atop diabase rock, it was too expensive to construct all of the required parking to support the proposed uses underground as originally envisioned. As a result, the proposed plan included one and a half levels of below ground parking and three levels of above-ground structured parking with two levels of office above the parking. The resulting structure, however, exceeded the maximum height limit of the B-1 Community (Downtown) Business zoning district in which the project is located. The Leesburg office of Walsh, Colucci, Lubeley, Emrich & Walsh, P.C. was engaged by L4 Realty Capital, LLC to assist with pursuing a zoning ordinance amendment to increase the height limit to enable the project to move forward. After studying the proposed amendment, Town staff concluded that the height characteristics of the surrounding buildings, coupled with the topography (the site is located at a lower elevation), would not be detrimental to the character of the downtown Leesburg historic district. The zoning ordinance amendment was successfully adopted.

The structured parking component required a special exception that proved to be challenging. Although the structure required special exception approval, the proposed uses for the project did not. It was difficult to separate the special exception use from the permitted uses as they were located in a single structure of a scale that could possibly overwhelm the historic district. To address this concern, the structure, located in the middle of the block behind existing three story buildings, was articulated with varying facades and with the upper levels stepped back to meet the setback requirements of the new maximum height limitations.

This project received much public scrutiny due to its scale and its impact on the highly prized historic district. The approval can be attributed to a cooperative approach, responding to each concern raised. It is believed that Leesburg will be the beneficiary of this $30 million investment in its downtown, while retaining the historic character it has worked so hard to preserve.

A new town home development at Lake Manassas was recently approved by the Prince William Board of County Supervisors. A 12-acre parcel of land, previously slated for a hotel/conference center or office use, was successfully rezoned for 70 townhomes with Mike Lubeley and Susan Flanigan working with the representatives of Lake Manassas, LLC. The community outreach effort and property owner’s willingness to commit to a level of detail and quality resulted in a win/win situation for the owner and community. The townhomes will provide a preferable land use transition to the commercial development along the Route 29 corridor at the edge of the Lake Manassas community and the proffered commitments with reference to layout, architectural theme, building materials and landscaping will ensure that the quality of life and standards existing within the community will be maintained. The new residential units will be part of the residential owners association and enjoy the community amenities.