PLEASE NOTE THAT FOR THE FIRST TIME, THE ANNUAL JDRF OUTING WILL NOT BE HELD AT WESTWOOD.

Our firm and I are happy to host our 15th annual golf outing on Monday, June 18, 2012, at WESTFIELDS GOLF CLUB (WESTFIELDS is our new location this year while renovations take place at Westwood), for the benefit of the Juvenile Diabetes Research Foundation (“JDRF”), and we would like to invite you to attend as our guest. Greens fees and carts will be provided, and lunch and beverages will be served before and during the round.

Fundraising is through sponsorships, live auction, and donations to JDRF. Any auction or raffle items which you could contribute would be much appreciated. If you would like to make a donation, please make your check payable to the Juvenile Diabetes Research Foundation and send it to our office; credit cards are also acceptable (Master Card, Visa, American Express and Discover).

This year (unless the response is greater), we plan to have one shotgun start at 11:00a.m. SHARP. Please plan to arrive at 10:00a.m. for check-in and practice. The awards reception/auction/raffle will begin at approximately 4:00p.m., immediately following golf.

We have received generous support from JDRF and Westfields Golf Club. You may send us your response at your earliest convenience by fax (fax# 703.525.3197), or E-mail to Michelle Stapleton at mstapleton@arl.thelandlawyers.com, or give us a call. We look forward to hearing from you and hope to see you on June 18th.

IF YOU ARE UNABLE TO PARTICIPATE IN THE GOLF, PLEASE JOIN US FOR THE AWARDS RECEPTION/AUCTION/RAFFLE WHICH WILL BE HELD IMMEDIATELY FOLLOWING GOLF TO BENEFIT JDRF.

Please include the following information in your response:

The approvals were not without objection from concerned citizens. Opponents of the project appealed to block the construction. The WCLEW team of experienced litigators successfully defended their client’s right on appeal.

As a result, the Gannett/USA TODAY headquarters stand proudly as remarkable new additions to the region’s skyline.

GEORGETOWN RIDGE
In the early 2000’s, fifteen acres of prime real estate off Georgetown Pike in McLean became available for development. Walsh, Colucci, Lubeley, Emrich & Walsh represented the sellers of this property and drafted the sales contract. Knowing that WCLEW was the premier land use firm in Northern Virginia, WCI/Renaissance also retained their services to purchase the land. With a reputation for professional integrity and fairness, WCLEW was able to negotiate the final sales contract to the mutual benefit of both clients – the sellers and the purchasers.

Development plans for this enclave of luxury estate homes required WCLEW to structure a land swap with adjacent land owners to gain enough land for an access road. Additionally, the site plans obliged one landowner to vacate his rights to the access road, which WCLEW was able to administer. WCI/Renaissance then tapped the firm’s real estate expertise to draft the development documents and homeowner’s association documents.

The ability to navigate the intricate elements of this development project and create the solutions, highlight the value of the WCLEW real estate transactions group.

LAUREL HILL
Following the closure of the D.C. Correctional Facility in Lorton, Virginia (Lorton Prison), Walsh, Colucci, Lubeley, Emrich & Walsh was retained to facilitate a complicated transaction involving the acquisition of a portion of the Lorton Prison by one client and the swap of that land for a large farm owned by another client, which was then conveyed to the National Park Service. In addition, the firm was instrumental in re-zoning a portion of the Lorton Prison, a process which required the provision of 18.5 acres of land to the Fairfax County School Board, the construction of the South County Secondary School, dedication of parkland, and construction of extensive trails, all of which resulted in securing development rights to construct 677 single family detached and 77 single family attached dwelling units on the property.

During the process, certain provisions of the agreements were tested against existing state laws, and WCLEW’s litigation attorneys were able to provide the support and the authority to gain the necessary approvals. Through these complicated agreements, re-zoning requests and the court authority, a portion of the Lorton Prison site became available for residential development and is now a wonderful community known as Laurel Hill.

THE ECLIPSE AT CENTER PARK, POTOMAC YARD
When the Arlington County Board approved the Potomac Yard Phased Development Site Plan (PDSP) in October 2000, developers relied on the resources available at Walsh, Colucci, Lubeley, Emrich and Walsh to effectively guide and advise them on their projects. As the preeminent land use law firm in the region, the firm was able to provide their clients with unparalleled access to county officials as they planned the projects that would enhance the quality of life for the community. Combining the best of urban design with the best “green” building practices, Center Park is a model for modern transit-oriented development. The mixed-use complex of retail, office and residential space is being developed by Comstock Potomac Yard, LC. The two 11-story buildings built on a formerly abandoned railroad yard will house condominiums, a Harris Teeter grocery store, restaurants, banks, and office space. In addition, transit stops are planned for the main entrances. These amenities reflect the County’s vision of a pedestrian-oriented, urban lifestyle. Sharing their knowledge of the land development process in Arlington County, Walsh, Colucci, Lubeley, Emrich and Walsh was able to assist Comstock Potomac Yard, LC in successfully building one of the gateways to Potomac Yard.

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First authorized in Virginia by the General Assembly in 1993, Community Development Authorities (“CDAs”) exist as special taxing districts created by local governments that may be used to finance a broad range of infrastructure, including transportation improvements, public water/sanitary sewer lines, storm water management, parking, landscaping, and more. Where properly used, CDAs not only provide a way to shift certain capital infrastructure costs to the private sector, but also deliver key infrastructure projects faster than traditional methods and ultimately free up needed local revenue and debt capacity to pay for other critical services and projects. Establishing a new bond-issuing authority through a CDA only comes as the result of deliberative negotiations between private individuals and local government.

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The Prince William Board of County Supervisors (BOCS) is scheduled to review changes that would overhaul the Environment Chapter of the County’s Comprehensive Plan at a public hearing on December 7, 2010. The BOCS will have two versions of the draft Chapter to consider: one prepared by County Planning staff and a second recommended by the Planning Commission. To review the most recent revisions see
http://www.pwcgov.org//default.aspx?topic=040073001410004148.

The development industry has expressed concerns with many of the proposed changes and many have urged the BOCS to defer the update and associated environmental policy decisions until the U.S. Environmental Protection Agency and the Virginia Department of Environmental Quality (DEQ) render their final policies for the control of storm water runoff (via new total maximum daily load mandates) and the protection of streams and waterways within the Chesapeake Bay watershed.

Another concern being raised is the regulation of features that exceed state and federal regulatory regimes. Examples include the proposed protection of “Significant Non-RPA Streams” (i.e., streams that are not perennial and thus, not regulated under State Chesapeake Bay methodology) and “Unique Habitats of Special Concern.” The County would also require the identification of jurisdictional wetlands regulated by the Corps of Engineers and DEQ and would emphasize preservation of jurisdictional wetlands over disturbance and mitigation. The proposed text also adds minimum submission requirements for analysis, reports and maps with rezoning and special use permit requests.

State law envisions the Comprehensive Plan as a document “general in nature” that sets forth the goals for the physical development of the County. While some of the proposed text is goal-oriented, much is quite specific and calls for sweeping changes to the Zoning Ordinance and DCSM. Examples include: a) regulation of shrink/swell and marine clay soils; b) protection of “Significant Non-RPA Streams” via buffers and setbacks; c) adoption of a new Drinking Water Reservoir Protection Overlay District (setbacks and additional use restrictions); and d) adoption of a tree preservation ordinance.

The Prince William County Planning Commission held a public hearing on November 3, 2010 and voted to recommend to the BOCS approval of changes to the DCSM landscaping requirements as prepared by County staff. The changes would increase the amount of plantings required in buffers and landscape strips without increasing required widths. One change would permit utility easements in landscape strips in certain circumstances (e.g., within a conduit), a change many industry representatives are supporting. For more information see:

http://www.pwcgov.org/planning/documents/pln2011-00093.pdf
(Staff report and proposed changes)

http://www.pwcgov.org/doclibrary/pdf/11861.pdf
(Staff presentation)

http://www.pwcgov.org/doclibrary/pdf/13055.pdf
(Comparison photographs).

The BOCS will consider the DCSM landscaping changes at a public hearing on December 7, 2010.

Michael Coughlin
mcoughlin@pw.thelandlawyers.com

Stafford County is currently undertaking a major Comprehensive Plan update, which includes the designation of eight Urban Development Areas (UDAs) and four redevelopment areas. The next Planning Commission public hearing is scheduled for November 17, 2010 and the Board of Supervisors hearing is scheduled for December 12, 2010.

The anticipated designation of UDAs is expected to provide for the construction of approximately 14,661 new residential units, equivalent to 10 years of projected growth. To view additional information and the latest draft of the Comprehensive Plan update, see: http://www.co.stafford.va.us/Departments/Planning_&_Zoning/ and follow links to the draft Comprehensive Plan.

I wish to thank everyone who contributed to our golf outing on June 7th. Please accept this letter as an expression of my appreciation for the generous support of all who contributed, played and helped with this year’s outing.

Thanks to your support, the event was a financial success. I appreciate the support of all of our sponsors, contributors and participants, and those who generously donated auction items and those who generously bid on them. As I am sure you are aware, contributions to the Juvenile Diabetes Research Foundation are tax-deductible. We raised approximately $80,000.00 for Juvenile Diabetes from this event, which will be used for research for finding a cure for Juvenile Diabetes.

On June 7th we had 126 golfers at Westwood. We were also very fortunate again this year in having automobiles for the hole-in-one contests contributed by Jack Taylor of Alexandria Toyota, and Morty Zetlin of American Service Center. The weather even contributed!

Thank you for your participation and generosity. Your support is greatly appreciated. Please mark your calendar to save the date for our event next year which has been scheduled for June 20, 2011 at Westwood.

Very truly yours,

WALSH, COLUCCI, LUBELEY, EMRICH & WALSH, P.C.

Art

Martin D. Walsh

Juvenile Diabetes Research Foundation is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. The Federal ID number is 23-1907729.

Land Use Newsletter – July 2010

Land Use Newsletter – September 2009

Land Use Newsletter – March 2009

Land Use Newsletter – November 2008

Land Use Newsletter – July 2008

In an era of unpredictable revenue cycles, localities have explored alternative financing arrangements to cope with anticipated revenue shortfalls and growing infrastructure demands. Fortunately, Virginia permits local governments to utilize a myriad of public-private partnership tools to finance local government services, including community development authorities.

Locally, CDAs have previously been discussed in the context of transportation infrastructure improvements associated with development on U.S. 29 North, including Hollymead Town Center, Albemarle Place and North Pointe. Given tough economic times, Charlottesville-area governments should again give serious consideration to the use of CDAs to help alleviate their budget difficulties and assist with major transportation projects and revitalization initiatives.

CDAs, first authorized by the General Assembly in 1993, exist as special taxing districts created by local governments to independently issue tax-exempt bonds. These bonds finance public infrastructure improvements associated with new development. In recent years, the use of CDAs has proliferated across the commonwealth and, to date, nearly 30 CDAs have been authorized by local governments. CDA bonds have helped to finance a broad range of infrastructure, including transportation improvements, public water/sanitary sewer lines, storm water management, parking, landscaping and more.

CDA bonds are typically repaid over a 20- or 30-year term solely from revenue generated from properties within the district, including special property taxes, special assessments and/or incremental tax revenues. The value of CDA properties is presumably enhanced by new development and infrastructure improvements. Where properly used, CDAs not only provide a way to shift certain capital infrastructure costs to the private sector, but also may ultimately free up needed local revenue and debt capacity to pay for other critical services and personnel.

While some localities may be receptive to the idea of creating a CDA, others may be skeptical. Certainly, the real estate industry is vulnerable to cyclical downturns, and CDAs are not the answer in all instances. Local governments may be concerned about financial forecasts, citizen opposition, a developer’s capitalization or the project’s consistency with the jurisdiction’s land use plans.

For most jurisdictions, concerns about the potential for default on bond payments are paramount, and, even where the risk of default is low, many localities remain concerned about how authorizing CDA debt will be perceived by credit rating agencies and how it may indirectly impact their debt capacity. These concerns, while valid, can best be addressed jointly by the governing body and developer through proper financial due diligence, the crafting of well-written authorization agreements, proper notice to bond holders, governmental control and prudent fiscal policies.

The establishment of a new bond-issuing authority through a successful CDA only comes as the result of careful, deliberative negotiations between private individuals and local government. In such a rapidly evolving area of the law, forging a mutually beneficial partnership between the developer and the locality, developing a transparent process with citizens and crafting tight ordinances and agreements are critical. Moreover, it is imperative to have an experienced, well-capitalized developer with a strong project in a strategic location that guarantees a reasonable return on investment and an acceptable level of assurance to the participating jurisdiction.

Regardless of the outcome of the commonwealth’s 2010 budgetary mess, local governments in the Charlottesville area would be wise to explore innovative financing alternatives as a part of their overall financial and public services strategy. Existing CDAs across the commonwealth have shown that they can provide faster delivery of key capital projects than traditional financing arrangements and can have a positive impact on a jurisdiction’s taxable real estate values. Wise leadership, strategic partnerships and strong projects that deliver public services and new economic development would be an asset in any budget year.