Loudoun County Board of Supervisors Approves Belfort Park Drive Townhomes

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 ​

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

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.

WaterWalk Corporate Lodging Facility Approved in Loudoun County

Loudoun County’s growing corporate presence has drawn the attention of an innovative new lodging company known as WaterWalk, which owns and operates a version of an extended stay hotel known as a corporate lodging facility. With the assistance of Walsh Colucci, WaterWalk recently gained approval of a special exception application to accommodate a 153-room, four-story corporate lodging facility on a 5.49-acre property within Commonwealth Center abutting Route 7 and Russell Branch Parkway. The property is located within walking distance of One Loudoun.

As a growing brand, WaterWalk is focusing its efforts in areas with high concentrations of corporate headquarters/Class “A” office markets, high relocation rates, and technical training – all of which require longer stays. As Loudoun County’s economy continues to add corporate workers throughout many diversified types of businesses, demand has increased for newer extended stay hotel concepts which combine the amenities of apartment living and the economics of an extended-stay hotel into one facility.

WaterWalk is composed of silver and gold packages that operate as one facility. The silver package is priced on a monthly basis and includes one, two, or three bedroom units which include all utilities, internet, local phone, gym membership, trash service, and television service. The gold package is priced on a daily basis and includes every item in the silver package plus a custom furniture and sleep package, kitchen, customized breakfast options delivered weekly, full service housekeeping, and access to a lounge that is open 24 hours a day.

The WaterWalk concept provides an alternative to the traditional model of corporate lodging – that is, where companies lease apartments, furnish them, and rent them to employees in order to control inventory. It is anticipated that companies using WaterWalk for their corporate lodging needs will find an added level of convenience and quality over other corporate lodging alternatives. This includes a national sales team and full support staff that are accessible and available on-site 24-hours a day for any guest needs, increased flexibility in lengths of stay, competitive pricing, and premier safety and security measures.

Loudoun Initiates Comprehensive Plan Review

A jurisdiction’s comprehensive plan is designed to provide public policy recommendations on issues related to growth, transportation, preservation, the environment, utilities, recreation, and more. While most comprehensive plans are drafted to be general in nature, their recommendations often form the basis to approve or deny legislative land use applications such as rezonings, special exceptions, and special permits.

The Loudoun County Board of Supervisors has recently commenced an area-wide review of the County’s comprehensive planning documents to provide a vision for future growth and development over the next two decades. Loudoun has experienced substantial development over the past 15 years, and this exercise represents the first substantive revision since 2001 to the County’s chief planning documents, known as the Revised General Plan and Countywide Transportation Plan. Formally launched in March 2016, the initiative is expected to last for the next 15 months, during which the County and public will engage in a sustained dialogue regarding the future vision for the County.

It is anticipated that while certain aspects of the current plan will be retained, a majority of existing policies will be revised to account for the changing dynamics of the County. An emphasis will be placed on developing a strategic, understandable, and flexible document. Major policy changes are anticipated as they relate to the County’s Suburban Policy Area, with minor changes being made to the Rural Policy Area and Transition Policy Area recommendations.

Key to the process is soliciting the input of residents, landowners, developers, and business owners in this diverse County with competing interests. To that end, the Board has created a 24-member Stakeholders Committee, which first met in June. Led by the Chairman of the Planning Commission, the Stakeholders Committee is comprised of a broad range of citizen, environmental preservation, and development industry representatives.

Among the more critical issues to be addressed by the Stakeholders Committee is deciphering the future of the Transition Policy Area; namely, how the new plan can achieve a balance to protect current residents’ expectations while providing for future economic growth and housing opportunities. The Stakeholders Committee is also reviewing issues related to the redevelopment of older areas of the County, managing the planned Silver Line Metrorail extension, providing a multimodal transportation network, and ensuring availability of diverse housing options.

The County is in the process of holding four “Envision Loudoun” public outreach meetings to solicit input from local residents, developers, and business owners, the first three of which occurred on November 7, 14, and 16. Staff will use the information gleaned from these sessions to establish a clear and cohesive vision to determine the County’s preferences for the future.

Upcoming Envision Loudoun outreach sessions will occur on November 16, and December 8, and the Stakeholder Committee will next meet on December 19 at the Loudoun County Governmental Center. These meetings are open to the public, and additional information can be found here.

Transportation Update—Five of Virginia’s Lesser Known but Important Projects

Rendering of bus lanes
Source: www.fairfaxcounty.gov

Most area residents are familiar with VDOT’s plans to add express lanes to I-66, both “outside the beltway” and “inside the beltway,” which also happen to be the names for VDOT’s Transform 66 projects. Many may be aware that VDOT plans to widen Route 7 from four to six lanes between Reston Avenue and Jarret Valley Drive. And anyone traveling into or out of Dulles Airport can see that WMATA’s Phase 2 extension of Metro’s Silver Line is in full swing. But are you aware of the widening of Route 1 from I-495 south in Fairfax County, or other transportation projects that have the potential to provide significant relief from traffic congestion? If not, you need to find out.

 

Widening of Route 1 in Fairfax County

Embark Richmond Highway is Fairfax County’s effort to provide a continuous corridor of six lanes from I-495 to the Prince William County line, with bus rapid transit (BRT) running in dedicated lanes down the middle of the highway. Nine BRT stations are currently proposed. The Fairfax County Comprehensive Plan proposes that the roadway, once widened, be 176 feet wide, with nine-foot-wide trails on both sides of the general purpose travel lanes.

Rendering of bus lanes
Source: www.fairfaxcounty.gov

Implementing this plan will have significant trade-offs. Some existing businesses along the corridor may be displaced, and property owners may find their right of way significantly affected. On the other hand, the project has the potential to transform a suburban, auto-dependent area into an urban, transit-oriented corridor that may, at some point, include an extension of Metro’s Yellow Line from the Huntington Station to Hybla Valley.

Community meetings are being held regularly regarding this effort. More information on the project can be found on Fairfax County’s webpage here and here.

According to VDOT representatives, the widening of Route 1 will occur in phases, with the next widening phase likely occurring from Napper Road to Jeff Todd Way and a design public hearing possibly occurring in January 2018. More information on this road project can be found here.

Updates to the County’s Comprehensive Plan sections devoted to the Richmond Highway are likely, which may include implementing a grid of streets along the heart of the transportation corridor. On October 20, NAIOP Northern Virginia is hosting a seminar focused on the Richmond Highway Corridor. Embark Richmond Highway advisory meetings are scheduled for October 24 and November 28. Community meetings will occur periodically until the Planning Commission and Board of Supervisors hold public hearings on a Comprehensive Plan Amendment focused on the Richmond Highway Corridor, presently scheduled for December 2017 and January 2018, respectively.

 

Widening of Route 1 in Prince William County

Prince William County is about to undertake the next phase of its ongoing efforts to improve the functionality of Route 1 in the County. The section of Route 1 between Featherstone Road and Marys Way will be widened from four to six lanes, with a 10-foot shared-use path on the west side of Route 1, and a five-foot sidewalk on the east side. This project also includes placing all utilities underground, similar to Prince William County’s contribution to VDOT’s Route 1 widening project from Marys Way to Annapolis Way, where the County contributed the funds for the undergrounding of utilities.

It is anticipated that final design will be complete this fall. This project will also significantly affect the right of way of local businesses and property owners. Utility relocation is scheduled to begin in the winter of 2017, with the project completion date scheduled for the summer of 2021. Presently, there is no corresponding planning effort underway by Prince William County to help capitalize on the significant infrastructure improvements associated with the widening of Route 1, although the Comprehensive Plan has for some time contemplated redevelopment within certain sections of the Route 1 corridor.

 

Braddock Road in Fairfax County

Fairfax County is in the midst of the Braddock Road Multimodal Study, and a volunteer task force is working with the Fairfax County Department of Transportation staff and the engineering firm RK&K to compile a list of recommendations for improving Braddock Road from I-495 to Guinea Road. Various intersection improvements are under consideration, as is widening Braddock Road from Burke Lake Road to I-495 by adding two HOV lanes serving as HOV lanes, as well as widening Braddock Road from four to six lanes from Burke Lake Road to Guinea Road. Also under consideration is the construction of a transit center along the corridor, with one possible location being near the Kings Park Shopping Center.

The task force is scheduled to complete its work in June 2017 and make a recommendation to the Board of Supervisors on how to proceed with the project. Approximately $60 million is available for the project which, according to FCDOT staff, is sufficient for final design and construction. Further information on this project can be found here.

 

I-95/Courthouse Road Interchange

This fall, VDOT will award the design/build contract for the implementation of a divergent diamond interchange for I-95/Courthouse Road in Stafford County. The project also includes widening Courthouse Road to four lanes from Route 1 to I-95, and then from I-95 west to Ramoth Church Road. This interchange project has undergone many designs, has had funding reduced and then restored, but finally appears to be moving forward. This interchange represents the second project in Northern Virginia where a divergent diamond will be constructed, the first being the Route 15/I-66 interchange in Haymarket. If you are curious how traffic moves through a divergent diamond interchange, you can watch a YouTube simulation of the one in Louisa County here.

Aside from the novelty of the interchange design, this project is important for the Courthouse area of Stafford County because the specter of an unfunded interchange has suppressed private investment in the area for years. Over the past several years, Stafford County has adopted several iterations of Comprehensive Plan recommendations for the Courthouse area, with the latest version adopted on April 27, 2016. With the interchange project implementing a functional road network for the Courthouse Road corridor, it is possible that redevelopment in the area may finally move forward, especially between I-95 and Route 1. The acquisition of right of way for the widening of Courthouse Road to the west of I-95 is complete, but significant right-of-way acquisitions will occur for the interchange project, with negotiations already underway with some landowners and businesses. This project represents another example of significant effects on right of way in the pursuit of improved transportation infrastructure.

 

D.C. to Richmond Southeast High Speed Rail

The Virginia Department of Rail and Public Transportation is in the middle of a multi-year study as a part of the Southeast High Speed Rail Corridor project, which seeks to improve passenger rail service between Washington, D.C., and Atlanta and all the major metropolitan areas in between. The project is broken into segments, with each state’s designated transportation agency undertaking the National Environmental Policy Act studies required prior to moving forward with implementation.

The Tier II Environmental Impact Statement is underway for the D.C.-to-Richmond segment of the project, with a record of decision anticipated in 2017. The project seeks to add capacity within the existing CSX right of way by adding a third track within the D.C.-to-Richmond corridor where only two tracks exist.

The project’s objective is to allow for intercity rail service that is competitive with air and auto options. In the D.C.-to-Richmond corridor, the maximum speed of trains will be 90 mph in some areas, which demonstrates that “high-speed rail” has a different definition when implemented in existing urban corridors as opposed to undeveloped countryside. But imagine humming along at even 60 mph on a Saturday afternoon in August headed south to Richmond, as opposed to 10 mph on I-95.

The Southeast High Speed Rail Corridor, including the segment from D.C. to Richmond, has the potential to increase travel and commerce between cities that presently rely mostly on autos for connectivity. Ideally, the cities that benefit from these projects will ensure that land-use policies around rail stations capitalize on the significant public funds necessary to implement the projects. You can learn more about the D.C.-to-Richmond portion of the Southeast High Speed Rail Corridor project by visiting dc2varail.com.

For more information regarding these projects or how to plan for projects like these that may affect your property or business, please contact Michael J. Coughlin, leader of the firm’s Eminent Domain Practice Group, by email, or call 703-680-4664.

Harris Teeter Grocery Chain to Open Large-Format Store and Fuel Station in Loudoun County

Source: Harris Teeter
Source: Harris Teeter

At the intersection of Northstar Boulevard and Braddock Road, the Kirkpatrick West Commercial Center is located in the heart of Loudoun’s fastest growing area.

The population within two miles of the Kirkpatrick West Commercial Center in Loudoun County is projected to increase from just over 20,000 residents to more than 30,000 residents in as few as five years. In 2013, considering the rapid rate of growth, Harris Teeter purchased the 20-acre Kirkpatrick West Commercial Center with the idea of creating something special, and expandable, to benefit the residents living in proximity to the site.

The grocery store chain sought approval for the expansion of a previously approved commercial center to accommodate a 77,000-square-foot prototype store—with the ability to expand to 103,000 square feet—and a fuel station. To accomplish this, Harris Teeter engaged the community in more than a dozen outreach meetings throughout this multiple-year effort. The process was not without challenges. Despite the suburban zoning pattern that encompasses the site, the area’s rapid growth, and the lack of commercial retail options available nearby, the commercial center was subject to an outdated Transition Policy Area planned land-use designation that limits the type of retail uses supported by County land-use policy.

While there were many supporters, there were also detractors who loudly voiced their opinions during the review process. Harris Teeter responded to these comments by adding mitigation measures to the application and addressing potential effects on nearby residences.

Through these efforts, on September 22, Harris Teeter was able to gain approval from the Loudoun County Board of Supervisors for the expansion of the commercial center to accommodate the prototype store and fuel station. As a result of this long and hard-fought effort, Harris Teeter will be able to provide first-class commercial retail services for residents in an area of Loudoun County that currently suffers from a significant deficit in retail services.