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  • Posts by Lauren Rote
    Shareholder

    Lauren Keenan Rote is a shareholder of the firm and focuses her practice on land use and zoning law, estate planning and estate administration, as well as general real estate and business matters.

    As an estate planning attorney ...

The Residential Parking Working Group was tasked by Arlington’s County Manager with recommending updates to the current parking policy for Site Plan and Mixed Use Development use permit projects in Arlington’s Rosslyn-Ballston and Jefferson Davis Metro corridors (the “Study Area”). As many members of our community can agree, providing the appropriate amount of parking for a new residential building can be a delicate balance. 

Currently, when a project is under review by the Board for site plan or use permit approval, the Board can agree to depart from the parking requirements within the zoning ordinance.  The goal of this working group, which is expected to wrap up its efforts in the coming month, is to deliver a recommended methodology and implementation plan to guide County Development Review staff in evaluating and approving multifamily residential site plan developments within the Study Area – the idea being that developers and community members alike could benefit from more certainty in the approval process.

On Saturday, July 18, the County Board approved the Retail Action Plan by a vote of 4 to 1, with direction to further amend some facets of the proposed plan. Board Member Libby Garvey voted against the Plan.

During a rather extensive discussion which focused a great deal on the feedback that Board Members and Staff received calling for more flexibility within the Plan, the Board ultimately decided to broaden the “red” category to permit more uses. Many critics of the Plan believed the red category was too restrictive. The use category of Services and Repairs will now also be permitted within the red category.

The Board also voted to incorporate the Process document released by AED within the Plan itself to help aid Developers and the Board in applying the Plan to future and existing site plans. This document, originally requested by Chairwoman Hynes at one of the working sessions, was designed to aid the analysis of a site plan when there were other conflicting policy documents. In essence, the Process document helps to demonstrate when the retail action plan may stand up to or yield to existing policy documents like sector plans and the like.

The Arlington Economic Development staff will be updating the Plan to incorporate the latest revisions made by the Board. There was no timeline specified as to when that may be final, however, the Plan has been approved.

In addition to approval, the Board decided a periodic review of the plan was needed, as retail trends change quickly. With this end in mind, they requested that the Plan be reviewed on a periodic, ongoing basis.

For our previous coverage of the Retail Action Plan, take a look at our original postupdate one and update two.

Original image courtesy of Brett VA – changes made

The debate about the new Retail Action Plan ("The Plan") continued earlier this month as the Board held another work session to discuss the progress on ongoing efforts to update the Plan.

Much of the discussion focused on the so called "red streets" within the Plan. These streets are designated for pure retail uses, including: retail sales, food and drink establishments and entertainment establishments exclusively. Further, under the new plan the red streets would require certain design standards be met both internally and externally to the first floor of any building constructed or redeveloped on a red street in order to permit a retail use.

On April 22, 2015, Jill Griffin of Arlington Economic Development shared with NAIOP the progress being made on the update to the Arlington County Retail Plan (the “Retail Plan”). Following the County Board work session in January, the Retail Plan has undergone some further refinements. The number one theme which emerged during the County Board work session was “flexibility,” as the Board felt it was critical that the Retail Plan be able to adapt to fast-changing trends in retail.

Taking that to heart, Ms. Griffin explained that the draft Retail Plan was reorganized in hopes of making it more user-friendly and the six broad principles of retail (as defined in the plan) remained at the core of the policy.

BlueprintRecently, the Arlington County subcommittee for NAIOP met with Bob Duffy and members of the County staff to discuss the County’s February 9, 2015 Memo regarding policies related to GFA calculation for site plan projects in Arlington County.

The Arlington Department of Community Planning, Housing and Development recently issued a memo outlining how GFA is to be calculated in development site plan projects and what exclusions may apply. Mr. Duffy, Director of Planning, explained the purpose of the Memo was to offer the development community greater certainty and clarity regarding the County policies with respect to calculation of GFA.

Rainbow over Arlington, VirginiaThe Arlington County Board recently approved, with a few exceptions, the proposed amendments to the Arlington County Zoning Ordinance. The amendments to Articles 1-18 and Appendices A and B, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term uses and accessory uses; allow off-site parking for day care uses; allow by-right interior repairs and alterations to nonconforming buildings and structures in R-districts; and incorporate other minor updates throughout the Ordinance to codify administrative practices, increase clarity and consistency and correct errors, were unanimously approved.

On January 20, during a special work session open to the public, the County Board considered updates to the Arlington County Retail Action Plan (the “Retail Plan"). County Board members met with Arlington Economic Development staff, the Arlington Retail Task Force of the Economic Development Commission and members of the Planning Commission. In the audience were members of the Arlington Chamber of Commerce and the local Business Improvement Districts.

The discussion centered on the role of the Retail Plan going forward, including the Plan’s overall vision, principals and policy.