Tag: Loudoun County Zoning

Loudoun County Board of Supervisors Approves Belfort Park Drive Townhomes

Posted on by Brigitte Flores

Walsh Colucci assisted the applicant, Davis Drive, LLC, in the recent approval of a rezoning and zoning modification application for a 1.98-acre site to accommodate the development of 20 townhomes. The site is located on the north side of Belfort Park Drive between Glenn Drive and Davis Drive. The recently approved General Plan designates this property as in the Suburban Compact Neighborhood Place of the Suburban Policy Area. The General Plan calls for this place type to provide opportunities to develop small infill parcels near traditional suburban neighborhoods. This place type envisions a mix of housing types, with townhomes listed as a core use.

The development of 20 townhomes at this location will provide a complementary addition to the surrounding community in the Sterling area. The future residents of these townhomes will enjoy an active recreation space approximately 8,000 square feet in size that will include garden features with various trees and shrubs, picnic tables, and park benches. There is also an extensive pedestrian network that the residents may use to visit the commercial areas in the vicinity. During the rezoning process, several challenges arose prior to the approval of the application. In particular, County staff and the Planning Commission expressed concerns regarding the adequacy of parking for the project and the applicant’s plan to convert the existing and currently VDOT-maintained stormwater management pond located on the property to an underground stormwater detention facility to be maintained by the homeowners’ association. Additionally, neighboring residents from the adjacent community voiced their concerns about the application.

The applicant addressed these concerns by hosting multiple community meetings and agreeing to proffer commitments that mitigate the impacts of the application. Specifically, the applicant agreed to increase the contribution amount of seed money to the homeowners’ association for the maintenance of the underground stormwater facility; increase the amount of affordable housing units; provide an enhanced vegetative buffer along the northern boundary of the property to mitigate visual impacts for the adjacent community; increase the amount of parking spaces for a total of five parking spaces per townhome unit; and install traffic improvements for the intersection of Belfort Park Drive and Glenn Drive.

With these approvals, a vibrant residential piece will be added to this area which will help fulfill Loudoun County’s vision for quality design and affordable housing. The development will provide a compatible addition to the existing neighborhood and help address the spectrum of unmet housing needs in Loudoun County. Through its ability to work collaboratively with County representatives, the applicant was able to find a path forward and gain near unanimous support for the Belfort Park Drive Townhomes project from the Loudoun County Board of Supervisors on November 17, 2020.

Loudoun County land use attorney Sashenka Brauer led the development team through the approval process. For more information about this project or to learn more about our Land Use & Zoning practice please contact sbrauer@thelandlawyers.com.

 

 

 

Image Source: Urban, Ltd.

County Board Approves Loudoun Mutual Insurance Company’s Rezoning ​

Posted on by Brigitte Flores

In the first landowner-sponsored rezoning in the Village of Waterford, the Loudoun County Board of Supervisors recently approved a rezoning and two special exceptions to allow for Loudoun County’s oldest continually-operated business, Loudoun Mutual Insurance Company, to grow its business at its location in the historic Village of Waterford.

Loudoun Mutual established its business in the Village of Waterford in 1849. In 1949, before there was a Zoning Ordinance in Loudoun County, Loudoun Mutual built its current office building in full conformance with all Loudoun County zoning and land development ordinances and regulations as they existed at that time. Revisions to the County Zoning Map occurred in 1993 that changed the designation on the property to a residential zoning district, which does not allow commercial office uses. Due to this oversight, the property was never granted commercial zoning.

Loudoun Office Managing Shareholder Randy Minchew and fellow land use attorney Sasha Brauer shepherded Loudoun Mutual through the County’s application process to rezone the property to a commercial zoning district and bring the property into full conformance with Loudoun County zoning requirements. Additionally, in order to facilitate the expansion of its current office building, the approval included a special exception for a building greater than 10,000 square feet, and a special exception to reduce the amount of off-street parking.

Loudoun Mutual agreed to install a pedestrian path on the property and to implement tree preservation measures and storm water best management practices. Because the property is located in the Historic District of the Village of Waterford, the expansion of the building will require a certificate of appropriateness from the Historic District Review Committee. Allen Kitselman of Main Street Architecture, PC prepared preliminary architectural renderings that integrate design elements compatible with the existing office building and the character of Waterford.

With these approvals, Loudoun Mutual looks forward to continuing its long history of operating and doing business in Loudoun County and the Village of Waterford. Loudoun Mutual’s President, Chris Shipe, expressed his appreciation to Walsh Colucci, specifically Randy Minchew and Sasha Brauer “for all their help and work guiding this through the process to allow Loudoun Mutual to continue to operate in the place where we were founded.”

 

Image Source: Loudoun Mutual Insurance Company

 

Church & Market Project in the Heart of Leesburg’s Historic Downtown Approved

Posted on by Brigitte Flores

Church & Market

In a land use approval that will bring new vitality and high quality mixed-use architecture to Leesburg’s Old and Historic District, the Leesburg Town Council recently approved an application known as “Church & Market.” This application features 116 rental multi-family units, 11,500 square feet of office space, 3,000 square feet of retail/restaurant space, and a 2,300 square foot “maker space” with a 169-space structured parking facility integrated into the building. The Church & Market project features architecture designed by Torti Gallas + Partners that received its final certificate of appropriateness last month following detailed review by the Leesburg Board of Architectural Review.

Loudoun Office Managing Shareholder Randy Minchew and Christine Gleckner, Senior Land Use Planner, shepherded the application through the Town’s detailed application processes on behalf of the developer, L4 Capital Partners. The new building will be located in the heart of Leesburg’s Old and Historic District in the underutilized surface parking area behind the historic buildings at the southeastern quadrant of Market Street (Rt. 7) and King Street (Rt. 15). As such, the massing of the project is significantly reduced and is shielded by the historic frontage buildings that remain unchanged. This signature building is the first multi-family rental building built in the Historic District and its uses will add to Leesburg’s vibrant downtown featuring some of Northern Virginia’s finest restaurants, micro-breweries, and wine bars.

Poland Hill Will Embody Progress, Stewardship, and Community in Loudoun County

Posted on by Michael Romeo
Poland Hill logo
Source: Poland Hill

The owners of a section of farmland in Loudoun County have decided the time is right to establish a perennial legacy on the land that provided for them for more than a century.

For four generations, the Poland family has owned and farmed an area of Loudoun County south of Route 50 that once encompassed all of South Riding. As time passed, portions of the land were sold and subdivided to make way for suburban growth. What is left of the farm today, now owned by Charles and Betty Poland, Betty Poland Kenyon, and their neighbors of twenty years, Ralph and Eileen Polachek, is entirely surrounded by those subdivisions.

The Polands and Polacheks decided they needed to determine the future of their four-parcel, 52.98-acre assemblage of farmland. Their goal was to leave a lasting legacy on the cherished land that had sustained them for generations. With this as their guiding principle, the Polands and Polacheks developed the idea for a multi-generational community that would enable young families to live in the same community as their older relatives. They would call it Poland Hill.

Given the growth pressures facing Loudoun County, garnering approvals for residential rezoning applications can be a challenging endeavor. The Polands and Polacheks contacted land-use attorney Andrew Painter and land-use planner Michael Romeo to bring the concept plan for Poland Hill—a community that would include 219 dwelling units and a 70,000–square-foot assisted living facility specializing in memory care services—in front of the Loudoun County Board of Supervisors.

On December 16, 2015, the Board unanimously approved the Poland Hill legislative applications. This approval serves as not only the conclusion of a successful legislative application process, but the continuation of a legacy of stewardship exemplified by the Poland and Polachek families that will now benefit future generations. When completed, Poland Hill’s 219 dwelling units will be composed of 66 non–age restricted single-family detached units, 29 age-restricted single-family detached units, 46 age-restricted single-family attached units, 78 age-restricted multi-family units, and an assisted living facility specializing in memory care services.

For more information about multi-generational communities, please email Andrew Painter or Michael Romeo.

Employee Spotlight – Michael Romeo

Posted on by thelandlawyers
Photograph of Michael Romeo
Source: WCL&W

From an early age, middle school to be exact, Mike was a man with a plan … and more than a few schematics and diagrams. Most of them—cities and stadiums—were scribbled on the back and inside covers of his notebooks.  “I know my teachers and parents didn’t always appreciate me drawing during class, but I certainly enjoyed it.”

Even before he graduated from Appalachian State, Mike knew he wanted to pursue a master’s degree in land use planning. During his junior and senior years at Appalachian, he served as the student representative on the Town of Boone Planning Commission and participated in a volunteer internship with the Fairfax County Department of Planning and Zoning. Those two experiences taught Mike the value and magnitude of a graduate degree in the planning field. He chose Clemson University to pursue a Master of City and Regional Planning degree because of the small class sizes and one-on-one interaction with his professors. “I couldn’t have asked for better learning environments and opportunities than those provided by both schools.”

In 2007, Mike moved back to Reston and lived there for seven years. For more than three years, he served on the Reston Planning and Zoning Committee, including two years as Vice Chairman and Chairman. Last year, Mike and his wife, Paula, moved to Herndon where he now serves as a member of the Town of Herndon Planning Commission. “I thoroughly enjoy my interaction with the members of these bodies and the ability to serve the locality in which I live. There are always opportunities to implement good planning practices and I hope to be able to continue to provide a positive influence on planning processes in the future.”

Mike has been with Walsh, Colucci, Lubeley & Walsh since 2004. His knowledge of planning, involvement in the community and local government, and innate interest in land use and planning benefits the firm, our clients, and the areas we serve. Like most good planners, Mike had a back-up plan.

The Land Lawyers: What would you be doing if you weren’t at Walsh, Colucci, Lubeley & Walsh?
Mike Romeo: If I weren’t a land use planner, I’d be serving as a National Park Service Ranger.

TLL: What do you enjoy most about your job?
Mike Romeo: The most enjoyable aspect of my job is helping clients achieve their goals. Whether it’s a large corporation or a small business, there’s little that can replace the feeling of joy and satisfaction expressed by a client who has just received their necessary legislative approvals. Helping clients achieve their goals is our business and I take exceptional pride in providing the best client service possible.

TLL: You knew from a very early age this would be a rewarding career.
MR: Yes. One of the most rewarding aspects of this job is the ever-changing environment of land use planning and real estate development in Loudoun and Fairfax Counties. No matter which project I’m working on, there’s always something that distinguishes it from other projects. The pace of growth in Northern Virginia is astounding. When I was growing up in Reston, we had to drive to the City of Fairfax or Tysons Corner for the majority of our retail and entertainment needs. Now, I don’t need to venture more than two miles to find anything I could possibly need.

TLL: What are you working on these days?
MR: I’m working on a number of residential, commercial, and mixed-use projects in Loudoun and Fairfax Counties. The applications run the gamut from multi-generational residential projects to commercial rezonings and concept plan amendments to special exceptions for adaptive reuse projects.

In Loudoun County, the current Board of Supervisors has implemented a number of zoning ordinance amendments to encourage business development. Beginning in January 2016, five new members will join the Board. Current Board members have publicly indicated that amendments to the Revised General Plan could be forthcoming during the Board’s next term. Loudoun County is at a crossroads. Based on current zoning, there is less than a decade’s worth of single-family lot supply in the County to meet the estimated demand. According to the Metropolitan Council of Governments, the County’s population is projected to grow from 367,957 in 2015 to 484,498 by 2040. There is simply not enough land that is properly planned or zoned in the eastern portion of the County to accommodate this level of growth. It remains to be seen how the next Board will approach land development, but there could be some significant Revised General Plan amendments proposed to address the new land development realities facing the County.

TLL: Back in middle school, when you were drafting stadium plans, did you have a sports team in mind?
MR: I’m a long suffering D.C. sports fan. Having grown up in this area, I’ve developed an affinity for all of the local professional sports teams. I was a Caps season ticket holder for nine years and I regularly attend Nats games. I have a passion for college football, in particular, Appalachian State, Clemson, and Navy. There’s nothing quite like tailgating on a beautiful fall Saturday in anticipation of a matchup on the gridiron.

TLL: What do you like to do in your spare time?
MR: I play a range of sports throughout the year to stay active. The ones I most enjoy are flag football, floor hockey, basketball, and softball. When I’m at home, I enjoy spending time with my wife and two dogs, reading, in particular historical novels and biographies, and working outdoors in the yard. When I’m outside of the area, I enjoy backpacking, skiing, and visiting various cities and sites throughout the United States and abroad.

TLL: What part of the world, or universe, would you most like to visit?
MR: I have no interest in leaving this planet, so I would say a trip to New Zealand is high on my list of places to visit.

Special Events and Hospitality Come With a View at Sunset Crest Manor

Posted on by Christine Gleckner
Source: Sunset Crest Manor, LLC
Source: Sunset Crest Manor, LLC

Sunset Crest Manor is a recently approved special event and hospitality venue located in southern Loudoun County. The applicant knew the existing manor house, party barn, and other accessory structures located on 94 acres adjacent to Bull Run with views of the Blue Ridge Mountains was a special location perfect for hosting special events, weddings, and off-site corporate meetings. When Loudoun County adopted new zoning ordinance regulations expanding opportunities for hospitality businesses and uses in rural settings in 2014, the Sunset Crest Manor zoning applications were underway and ready to make use of the new regulations. Land Use Planner Christine Gleckner assisted Sunset Crest Manor with an array of land use applications enabling the facility to start small as a Bed and Breakfast Inn and expand to a Country Inn with Restaurant and eventually to a Rural Retreat without the need for additional legislative zoning approvals, while also receiving approvals for concurrent use as a Banquet/Event Facility and Conference and Training Center. Each of these is a separate use category in the zoning ordinance with separate performance standards governing each use. The Sunset Crest Manor proposal successfully wove together an unprecedented number of land-use applications—11 in total—and achieved unanimous approval from the Board of Supervisors in July 2015 due to its embodiment of Loudoun County’s vision for its rural areas.

New Study Debunks Myth Concerning Cost of New Housing in Loudoun County

Posted on by Andrew Painter

Leesburg, VA—Two recently published articles in The Washington Post and the Loudoun Times-Mirror call attention to a new study stating that, for each new residential unit, Loudoun County pays 42 cents less than calculated in an earlier study. Shareholder Andrew Painter is quoted in both articles, stating that the purpose of the study “is to show that the homes that are being built are positive for the county.”

All-In Loudoun, a group of Loudoun County citizens, companies, and development entities, commissioned the study to respond to the County’s assertion that new homes are a burden on its coffers, which assertion is based on a 2011 study that found every new residential unit in the County costs $1.62 for every $1.00 in taxes paid by the unit. In a press release issued by All-In Loudoun, Andrew states that the new study “shows that new homes are raising the average assessment in the county and that most of the product we’re building is helping to dilute the historic burden of housing. And that’s a good thing for taxpayers.”

Private Heliport Approved for 540-Acre Farm Site in Western Loudoun County

Posted on by Christine Gleckner
Aerial Map
Source: Paul M. Schaaf

Christine Gleckner, Land Use Planner in WCL&W’s Loudoun office, recently obtained approval for a unique special exception application permitting a private heliport in western Loudoun County. Our client, a licensed helicopter pilot who travels between numerous business locations and several farms in the region, owns and operates a business based in Sterling. The existing 60-by-100-foot concrete pad will be used as a helicopter landing pad, and the foundation of an existing 6,540-square-foot barn will be used to construct a hangar for the helicopter.

At the time the special exception application was submitted, only two federally recognized heliports existed in Loudoun County, one at Loudoun Hospital Center and the other at a Bluemont FEMA location. Our client’s heliport is one of the first residential heliports in the County.

Despite our client’s voluntary efforts to restrict the heliport to personal use and implement a number of additional mitigation measures, opposition surfaced shortly after the application was filed with the County. While much community support for the application existed, the vocal opposition expressed the belief that the heliport would unduly interfere with horses and the rural ambience of western Loudoun County. With the assistance of Paul M. Schaaf, an aviation consultant hired by our client, we were able to demonstrate that the arrival and departure of the helicopter from the vast 540-acre farm would not be disruptive to the rural environment. Our client agreed to follow the Helicopter Association International’s “Fly Neighborly” program practices and to make the landing pad available for emergency helicopter use as part of the approval. With the special exception approval in hand, our client plans to construct his primary residence on the property and place the farm under a permanent conservation easement.

Hybrid Energy Park

Posted on by Admin
Hybrid Energy Park
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.