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.

Prince William County Approves Life Time Fitness at Virginia Gateway

Life Time Fitness at Virginia Gateway
Life Time Fitness at Virginia Gateway

On October 4, the Prince William County Board of County Supervisors unanimously voted to approve a Comprehensive Plan Amendment and Rezoning for Life Time Fitness, an approximately 125,000-square-foot resort-like fitness facility, with recreation and spa amenities, proposed near Virginia Gateway.

Life Time Fitness worked with land use attorney Pete Dolan and land use planner Jessica Pfeiffer to obtain approvals for the facility, which will include indoor and outdoor pools, outdoor sports fields, an outdoor bistro, an indoor café, a kid’s academy, and other amenities, making it a first-class recreation facility for the Gainesville area. Life Time will make a capital investment of more than $25 million dollars in the building and facilities alone, and create an estimated 230 jobs.

The property consists of approximately 24 acres on the east side of Limestone Drive, just north of Wentworth Green Drive. Life Time Fitness committed to design and construct the extension of Wentworth Green Drive to the east from Limestone Drive.

Life Time Fitness has locations in Fairfax, Centreville, Reston, and Loudoun County.

Eminent Domain Prior Case Results

Station Plaza

Graphic DesignFollowing the threat of condemnation, the owner of Station Plaza, a shopping center located along the Route 1 corridor in Woodbridge, retained Walsh, Colucci, Lubeley & Walsh to help prepare a report that analyzed the impact of the demolition of two buildings and the elimination of reasonable access into the shopping center.
Continue Reading >>

 

VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Wolf Trap Foundation v VDOTWolf Trap Foundation for the Performing Arts, Inc. sought to obtain the maximum amount of just compensation for VDOT’s taking of 1.5 acres of Wolf Trap’s land from a 4.97 acre wooded lot for the construction of a traction power substation associated with development of the Metrorail’s Silver Line. Wolf Trap hired WCL&W’s eminent domain practice group led by Michael J. Coughlin based on a previous and successful zoning entitlement relationship with the firm.   Continue Reading>>

 

 

DISCLAIMER: THE RESULTS OF ANY LEGAL ACTION DEPEND UPON FACTS UNIQUE TO EACH CASE. NEITHER WALSH, COLUCCI, LUBELEY & WALSH, P.C. NOR ITS ATTORNEYS GUARANTEE OR PREDICT SIMILAR RESULTS IN ANY FUTURE CASE UNDERTAKEN BY THE FIRM OR ANY OF ITS ATTORNEYS.

VRE Initiates a $4 Million Planning Study to Extend Railway Service in Prince William County

Illustrative Map
Source: VRE.org

This past summer, the Virginia Railway Express initiated a $4 million planning study to determine the potential for expansion of commuter rail service to the Gainesville/Haymarket area. The study is part of a broader initiative to consider multimodal transportation improvement concepts along the I-66 corridor from Haymarket to the Capital Beltway, all of which are intended to provide new travel options and enhance reliability as the area’s population continues to grow.

Currently, service is provided along the Manassas Line with stations in Manassas Park, the City of Manassas, and Broad Run at the Manassas Regional Airport. The proposed 11-mile Gainesville-Haymarket Extension (GHX) would run along the Norfolk Southern B-Line from the City of Manassas through Gainesville to Haymarket. If approved, commuter rail service could begin in 2022. The potential for up to three stations along the route have been identified in the general areas of Innovation Park at George Mason University, Gainesville, and Haymarket. One objective of the study is to identify the appropriate number of stations to be provided and the specific locations for the stations. Other study outcomes will include cost estimates, funding sources, potential environmental effects, preliminary engineering, and initial analysis of shared use of the rail corridor with freight traffic. The study will also consider whether to continue to use the Broad Run Station, to relocate it further east or west, or to close it and convert the facility to a storage yard for commuter trains.

Several meetings will be held during the course of the two-year study to solicit community input. The first meeting was held in early November in Gainesville. VRE representatives indicated that they will incorporate into their analysis the input received at that meeting, in addition to input received online, and will present project alternatives in the Spring of 2016 for additional community input.

For more information about the VRE study, please contact Susan Flanigan, Land Use Planner, at sflanigan@thelandlawyers.com and visit VRE’s website.

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.

Prince William Office Obtains Approval for First D.C.-Area Cabela’s Location

Source: Peterson Companies/Cabela’s
Source: Peterson Companies/Cabela’s

Pete Dolan and Jessica Pfeiffer worked with Peterson Companies and Cabela’s — a major hunting, fishing, and sporting goods store — to obtain a successful rezoning and comprehensive plan amendment that will allow the first Cabela’s location in the D.C. area. This Cabela’s location, the company’s third in Virginia, will total approximately 79,000 square feet. The property, which is located on Wellington Branch Road just south of the Route 29/I-66 interchange, will be a redevelopment of the Betco Block Plant and an extension of Virginia Gateway. The rezoning (from heavy industrial to commercial) and comprehensive plan amendment (from industrial/transportation to regional commercial center) was approved by the Prince William County Board of County Supervisors on May 12, 2015.

Below are two links to media reports about the opening of Cabela’s. County officials and residents are excited for the store and the associated economic benefits.

Cabela’s to Open First D.C.-area Hunting Goods Store.

Cabela’s Expected to Open Gainesville Store in 2017.

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.

 

Around Prince William County: Latest Entitlements Keep Walsh Colucci In Demand

WCL&W is in demand in Prince William County. The firm’s attorneys and planners have secured entitlement approvals for six projects in and around the county: LongPointe, Rivergate, SunCap Property Group’s FedEx Ground Distribution Center, Elite Shooting Sports, and Cowles Nissan.

LongPointe
By Susan Flanigan

LongPointe Illustrative
Source: Belno, LLC/C.W. Ralston Architects

Mike Lubeley and Susan Flanigan represented Belno, LLC, and Horner Road L.C. on the rezoning application of approximately 22 acres in a prime location at the I-95/Prince William Parkway interchange in eastern Prince William County. The Board of Supervisors approved a mixed-use project that includes a nonresidential component containing a maximum of 415,000 square feet of gross floor area. The project will incorporate office, hotel, and convenience/service retail (including first-floor retail in multi-story office buildings) and a 216-unit multi-family component. The central design feature of the project is a ½-acre central plaza area that will be developed with a combination of landscaping, hardscape, and a water feature. The initial phase of the development will include off-site transportation improvements to complete the intersection of Telegraph Road and Caton Hill Road, the residential building, and a hotel or office building. The balance of the office/hotel will be constructed in Phase 2.

Rivergate
By Susan Flanigan

Rivergate Illustrative
Source: Rivergate Holdings, L.C./Heffner Architects, P.C.

Mike Lubeley, Jay du Von, and Susan Flanigan worked with the IDI Group Companies over the past three years to secure the approval of the redesigned Rivergate project, located in North Woodbridge overlooking the Occoquan River. The 720-unit, upscale, multi-family residential development will be located in two buildings (4–6 stories in height), each with its own package of recreational and social amenities. The buildings will be built in the “Texas donut” style, which includes structured parking completely surrounded by units to create an engaging and pedestrian-friendly streetscape. Considerable time was spent with various community groups educating the public about the challenges and benefits of this pioneering project as a catalyst in the revitalization of North Woodbridge.

SunCap Property Group FedEx Ground Distribution Center
By Marian Harders

SunCap Property Image
Source: SunCap Property Group-FedEx Ground Distribution Center

Jay du Von and Marian Harders received unanimous approval from the Prince William Board of County Supervisors for a rezoning of approximately 32 acres located on Cushing Road. Rezoning to an M-T (industrial/transportation) classification allowed for a ±175,500-square-foot warehouse and distribution facility to be developed by SunCap Property Group for its tenant, FedEx Ground. The rezoning required the applicant and developer to work closely with County staff and adjacent neighbors on realignment plans for Cushing Road and its intersection with Balls Ford Road. The realignment involved moving the existing intersection approximately 305 feet east, redesigning a portion of Cushing Road, and negotiating off-site easements.

Elite Shooting Sports
By Jonelle Cameron

Image of Elite Shooting Sports
Source: Elite Shooting Sports

Pete Dolan and Jonelle Cameron received unanimous approval from the Prince William County Board of County Supervisors for a special use permit for Elite Shooting Sports, an indoor shooting range located at 7751 Doane Drive in Manassas. This high-tech, 65,000-square-foot building includes four shooting ranges (two 25-yard ranges, one 50-yard range, and one 100-yard range, which total 42 lanes) and various classroom spaces, which include a simulator training room and a planned two-level, live-fire shoot house. Elite Shooting Sports opened to the public in November 2014.

Cowles Nissan
By Jessica Pfeiffer

Site Drawing
Source: Cowles Nissan/The Engineering Groupe

Jay du Von and Jessica Pfeiffer successfully completed a special use permit amendment for Cowles Nissan. Located at 14777 Jefferson Davis Highway, Cowles Nissan sought the special use permit amendment to redevelop its existing dealership including the replacement of existing buildings. The existing buildings were constructed in 1980 and 1986 and the redevelopment of the site, which includes future structural parking, will dramatically improve the site’s overall appearance and enhance business operations. The property is part of the Potomac Communities Revitalization Plan.