Land Use Attorney Jonelle M. Cameron Named Shareholder

Walsh, Colucci, Lubeley & Walsh is pleased to announce that Jonelle M. Cameron has been named a Shareholder of the firm effective January 1, 2021.

Jonelle Cameron joined the firm in 2013 as a member of the firm’s land use and zoning practice group in the Prince William office. Her practice focuses on land use and zoning matters in Prince William County, City of Manassas, City of Manassas Park, Spotsylvania County, Stafford County, the Town of Haymarket, and the Town of Occoquan.

Jonelle has successfully represented national and regional developers, local businesses and religious institutions in need of rezoning, special use permits, comprehensive plan amendments, zoning verifications (non-conforming uses), appeals/variances, land use and easement agreements, and due diligence in regards to office, retail, industrial, mixed-use, and residential matters. Jonelle assists clients in all phases of the entitlement process. Before joining Walsh Colucci, Jonelle served as an extern at the District of Columbia Housing Authority where she worked on projects relating to real estate and contracts, procurement, issues pertaining to the disposition and acquisition of public housing properties, and drafting, negotiating and reviewing documents related to real estate development and finance transactions.

“It is a privilege to welcome Jonelle into this new role as a shareholder of the firm,” said Dave Bomgardner, shareholder at the firm. “Her land use and zoning experience in Prince William County and the surrounding districts will continue to benefit the firm and our clients in this expanded role. Jonelle’s successful past performance is an indicator of her promising future as a Shareholder.”

​“Jonelle is not only a skilled and accomplished attorney; she is highly respected in the community and the firm,” says land use attorney and shareholder John Foote. “She brings character, integrity, clarity, and thoughtfulness to every decision. Jonelle’s elevation to shareholder is well deserved and I look forward to working with her closely to better serve our clients and the communities in which we live.”  ​

City of Manassas Park Approves Village at Manassas Park Rezoning

On October 20, 2020, the City of Manassas Park Governing Body approved the last element of a major rezoning application for the Village at Manassas Park that will provide the missing link to the City’s long envisioned downtown area, and that will completely transform the City’s center. Construction is set to begin in the early Spring of 2021.

On November 20, 2019, Norton Scott, through its subsidiary Village at Manassas Park, LLC, submitted an unsolicited proposal under Virginia’s Public-Private Education Facilities and Infrastructure Act of 2002 for the development of a substantial portion of downtown. The proposal included a New City Hall with governmental and administrative offices and a public library, a public plaza, a 6,500 square foot commercial/retail building, a 40,678 square foot entertainment/retail anchor, with an additional 3,600 square feet of in-line ground retail/restaurant space and 36,828 square feet of commercial offices, and 300 two-over-two townhomes. The Virginia Railway Express will construct a new 600 plus space structured parking garage, on land purchased by Norton Scott and provided to the City, to serve the relocated VRE station. The site will be owned variously by the City, the VRE, and Norton Scott.

The property is located in the City Center Redevelopment District and the goals set out in the City’s Comprehensive Plan will be significantly advanced by the addition of the desired mix of uses – civic, entertainment, commercial recreation, parking, and housing which fulfills the City’s long held plans for the revitalization of the City Center. The project incorporates a unique design that will create a City Plaza and a center based on an anchor business that is anticipated to focus on entertainment. Thanks to the level of cooperation between the City and Norton Scott, with the City particularly well represented by City Manager Laszlo Palko and City Attorney Dean Crowhurst, the project is designed as a cohesive and integrated community on 22 ½ acres, that will bring life and activity to the City Hall area with entertainment, restaurants, retail, and residents immediately adjacent to the new VRE Garage. Buildings will feature differing heights, pleasing design, and a lively streetscape to enhance and accommodate the increased density envisioned in the Comprehensive Plan. The proposal is multi-modal, and encourages pedestrian and bicycle traffic.

On June 16, 2020, the Governing Body approved a PPEA Comprehensive Development Agreement between itself and Norton Scott, and the rezoning of the first Phase of the project that will consist of the New City Hall Building, public Plaza, the VRE garage, the retail/commercial building and up to 164 two-over-two townhomes. The October 20th rezoning approved the second Phase, which will following immediately upon the first, and will consist of the entertainment/retail anchor with an additional 3 in-line ground floor retail/restaurant spaces and the commercial office space. The remaining two-over-two townhomes will be completed.

In a unique land use twist, the first Phase of the Rezoning was City-initiated and unproffered, as part of the Comprehensive Agreement’s financing component. That Agreement required Norton Scott to reach back and impose blanket proffers on the entire project with the second Phase rezoning.

The land use and zoning team of John Foote and Jonelle Cameron assisted Norton Scott and its team of superb consultants through the complex Public Private Partnership, the Comprehensive Agreement, and the ultimate approval of the proposal.

 

Image Sources
Top Image – David, Carter, Scott, Ltd.
Bottom Image – Land Design Consultants, Inc.

Potomac Shores Town Center Approved

Pete Dolan and Jessica Pfeiffer worked with the Potomac Shores team to obtain Prince William County’s approval of a Town Center in Potomac Shores.

Potomac Shores is a community of approximately 1,885 acres located on the Potomac River within the Cherry Hill peninsula in Prince William County. It is a large planned community with residential (approved for up to 3,987 residential units), commercial, an existing Jack Nicklaus Signature golf course, the 30-acre Ali Krieger Sports Complex, recreational amenities, and schools (including an elementary school and new 33-acre middle school). The community also features nearly two miles of shoreline and 1,000 acres of open space. Walsh, Colucci, Lubeley & Walsh originally obtained County approval of a rezoning for the project in 2013. Since that time, home buyer interest has been strong and the Potomac Shores team recently reported the sale of its 1,000th new home in Potomac Shores.

The Town Center special use permit approval allows for changes to the planned Town Center while continuing the basic transit-oriented framework envisioned, with its grid pattern, tree-lined street layout, open spaces, and a proposed VRE station at the heart of the Town Center. The Town Center includes a commercial core with first floor retail and active uses, a variety of residential options (up to 1,833 homes), recreational spaces, and a river walk along the bluff of the Potomac River. The approval also accommodates a hotel with new phasing and design requirements, an elementary school site, and a new central park open space amenity.

The Prince William Board of County Supervisors approved the special use permit amendment unanimously on July 16, 2019. For more information read the Washington Business Journal article.

Recent Approvals in Prince William County

Learn about two recent approvals in Prince William County — a 56 executive-style home rezoning in the Brentsville Magisterial district, and a special use permit approval for the Mountcastle Turch Funeral Home.

Woodborne Preserve Rezoning

Pete Dolan and Jessica Pfeiffer worked with Equinox Investments on this rezoning from A-1, Agricultural, to SR-1, Semi-Rural Residential Cluster in the Brentsville Magisterial District. The rezoning allows for 56 homes to be constructed. The property, which is approximately 88 acres, is located along Thoroughfare Road between its intersections with Route 15 and Old Carolina Road. The proposal includes significant transportation improvements to Thoroughfare Road which, in parts, is a gravel road today. Other improvements which will prove to be a significant benefit to the community include a large conservation area encompassing nearly 40% of the site (34.2 acres), and more than a mile of trails and sidewalk connections both on-site and off-site. These amenities will continue the theme of environmental protection and public enjoyment along this western corridor of the County.

The Prince William Board of County Supervisors approved the rezoning on February 12, 2019. Numerous adjacent property owners, community members and Thoroughfare Road residents spoke in support of the rezoning.

Mountcastle Turch Special Use Permit Approval

Jonelle Cameron and Marian Harders worked with Mountcastle Turch Funeral Home and Crematory, Inc. (“Mountcastle Turch”) to obtain a special use permit to add a crematory to their Occoquan Road facility in Prince William County. Mountcastle Turch has been in operation at their Occoquan Road facility since 1963. Mountcastle Turch also operates a facility on Dale Boulevard which has handled the cremation services for both locations. Until recently, the Applicant only needed one crematory for both locations. However, the crematory services portion of the business has increased in the last few years. In fact, cremation is currently over 40% of the business.

On January 22, 2019, the Prince William Board of County Supervisors approved the special use permit. Approval of this special use permit application at the Occoquan Road location will allow for the Applicant to not only stay relevant in the cremation business but, more importantly, allow the Applicant to continue providing cremation services in the Prince William community.

Blackburn Project Promises to Transform 128 Acres in the Gainesville District

Graphic representation of project
Source: Studio39

On November 17, 2015, the Prince William County Board of Supervisors approved the Blackburn project, a plan that promises to transform the Balls Ford Road/Ashton Avenue corridors located in the Gainesville District of the County.

On behalf of the applicant, Shareholder Jay du Von and Land Use Planner Marian Harders presented a robust proffer package that included $10- to $12 million in transportation improvements, more than $6 million school contributions, 1 million square feet of Class A office space (which will be visible from I-66), a $50,000 monetary contribution for economic and business development along the I-66 corridor, and numerous recreational amenities that include an on-site community recreation facility with 25 meter pool, on-site natural surface trail system plus the construction of an off-site full size turf soccer field to be located in Ellis Barron Park.

The Blackburn project area encompasses 128 acres and is designed to accommodate 160 single family homes and 255 townhomes, 115,000 square feet of retail and, as noted above, 1 million square feet of class A office space.  Members of the entitlement team included Charlie and Richard Kieler with Kettler, Ryan David and Tyler Cockrell with Urban, Ltd, Joe Plumpe and Adam Nicholson with Studio 39, and Will Johnson with Wells and Associates.

Cayden Ridge Approval Will Now Include Residential Development

Source: Smith Engineering
Source: Smith Engineering

On behalf of Miller and Smith, Shareholder Jay du Von and Land Use Planner Marian Harders successfully obtained approval of a 149-unit development off Signal Hill Road that includes a Comprehensive Plan Amendment and a rezoning. The 57-acre site was planned for office uses but, given the existing surrounding residential development pattern, the Board approved re-planning of the project area from office to residential. The homes will use a cluster design with two upscale housing styles that blend in with the surrounding community. In addition, the development contemplates a number of significant transportation and pedestrian trail improvements, which will bring enhanced multimodal connectivity facilitating resident activity in the area.

City of Manassas Approves Major Update to Zoning Ordinance

Zoning Map
Source: City of Manassas

Following a year-long process that included many committee and other stakeholder meetings, the Manassas City Council adopted significant changes to the City’s Zoning Ordinance. All new applications filed after May 12 must comply with the new ordinance requirements.

City staff wanted to make the Zoning Ordinance more business-friendly and less complicated while correcting technical issues and incorporating updates necessitated by changes in state and federal laws. Some of the new provisions include:

  • Use Chart – A new chart of permitted and special use permit uses. This eliminates cumulative uses, or the “waterfall” of uses.
  • Definitions – 46 new land use definitions and revisions to 23 existing definitions. Technical revisions to the definitions have also been made to match those found in state law or building codes.
  • Motor Vehicle Uses – Motor vehicle sales and repair uses are now permitted by-right (previously a special use permit) in the Heavy Industrial (I-2) Zoning District with performance standards. The performance standards are based on special use permit conditions routinely approved by the City Council.
  • Residential in City Center Commercial – Allows some multifamily residential dwelling units by-right in the City Center Commercial (B-3) Zoning District with performance standards. This change was made because the previous special use permit discouraged the conversion of vacant and underutilized upper-story spaces.
  • Place of Assembly – Two use categories for a place of assembly use based on building code requirements. Small scale (less than 50 people) place of assembly uses are now by-right in all commercial districts. More than 50 people requires a special use permit.
  • Medical Care Facility – Medical Care Facility is now defined and requires a special use permit in all districts where permitted. This change involved a good deal of discussion and media coverage because some stakeholders suggested it was intended to regulate medical clinics that perform abortions. The use is defined as:

… the use of land for any medical facility, other than a Hospital or Nursing Home as defined by this chapter that produces greater land use impacts than a Medical Office as defined by this chapter. A facility having one or more of the following characteristics shall be a Medical Care Facility:

(1) Contains office space for diagnostic or outpatient care along with associated medical facilities such as a pharmacy, laboratory, physical therapy facility, or other similar facility, but does not provide inpatient hospitalization;
(2) Holds a Certificate of Public Need authorization from the Virginia Department of Health;
(3) Is licensed by or registered with the Virginia Department of Health and used principally for performing surgery;
(4) Is operated for the performance of surgical or other procedures where the patient is not capable of self-preservation during the procedure or recovery; or
(5) Is held out to the public as any of the above.

  • Industrial Districts – The Light Industrial (I-1) Zoning District was updated to become the primary industrial zoning district within the City. Uses deemed incompatible were removed from the I-1  and Heavy Industrial (I-2) Zoning Districts.

The City of Manassas Zoning Ordinance can be found here – http://www.manassascity.org/index.aspx?NID=747.  Please contact our Prince William Office land use team if you wish to discuss the Zoning Ordinance update.

 

Commercial Developers in Prince William County Look to The Land Lawyers for Assistance with Special Use Permits

The Prince William County Board of County Supervisors has unanimously approved a number of special use permits for new commercial development around the County.

Heritage Hunt 7-Eleven Special Use Permit
By Susan Flanigan

Source: Buchanan Partners/Christopher Consultants
Source: Buchanan Partners/Christopher Consultants

A much-needed gas station for the Gainesville area received unanimous support from the Prince William County Board of County Supervisors in April. A special use permit was approved for motor vehicle fuel sales in connection with a 7-Eleven convenience store as part of the new commercial development currently under construction at Heritage Hunt. The commercial center will be anchored by Harris Teeter. Jay du Von and Susan Flanigan worked with Russ Gestl at Buchanan Partners to gain community support through an extensive community outreach effort and commitment on the part of the property owner to address neighbors’ concerns. The final plan for the convenience store, with three pump islands and 12 fueling stations, includes a commitment to specific building elevations with four-sided architecture, quality building materials (including brick and stone), and supplemental landscaping and screening.

Centreville Road Self-Storage Special Use Permit
 By Jessica Pfeiffer

Source: Arcland Property Company/Butz Wilbern Limited
Source: Arcland Property Company/Butz Wilbern Limited

On behalf of Arcland Property Company, Pete Dolan and Jessica Pfeiffer worked with Prince William County and the Yorkshire community on the redevelopment of the vacant Manassas Auto Parts building. The special use permit, for an approximately 107,275-square-foot self-storage facility and increased floor area ratio of 0.99, received unanimous approval by the Prince William County Board of County Supervisors. The property is located at the intersection of Centreville Road and Oak Street, north of the City of Manassas. Arcland will provide sidewalks along both Centreville Road and Oak Street.

Sudley Manor Square Sign Upgrade Special Use Permit
By Jonelle Cameron

Source: Seneca Properties/Concept Unlimited, Inc.
Source: Seneca Properties/Concept Unlimited, Inc.

Pete Dolan and Jonelle Cameron worked with Seneca Properties on a special use permit for a sign modification. In coordination with a phased, comprehensive redesign of the Sudley Manor Square shopping center, Seneca Properties will upgrade an existing freestanding pylon-style sign to incorporate an electronic message (LED) display. On March 17, 2015, the Prince William County Board of County Supervisors unanimously approved the special use permit request.

 

 

 

Gainesville Roy Rogers Special Use Permit
 By Jessica Pfeiffer

Source: Plamondon Enterprises, Inc./Bohler Engineering
Source: Plamondon Enterprises, Inc./Bohler Engineering

Plamondon Enterprises, Inc., will open a Roy Rogers location in Gainesville. Pete Dolan and Jessica Pfeiffer worked with Plamondon on its special use permit for the restaurant to permit a drive-through lane. The approximately 3,300-square-foot future restaurant will be located off of Route 29 in the Brentsville Magisterial District. Plans contemplate outdoor dining. The Prince William County Board of County Supervisors unanimously approved the special use permit request and the site plan is underway.