The Embark Richmond Highway Advisory Group held its 15th meeting March 20th. The Advisory Group heard presentations on projected public facility and affordable housing needs within the plan area as a result of proposed increases in density. Staff disclosed the 2040 Land Use Transportation Analysis is being finalized and revealed they have met with VDOT to discuss the planned Chapter 870 Analysis. So far the planning process has stayed on schedule, staff anticipates the final draft plan will be released in early September, the final staff report will be released in November, and public hearings will occur in December or January.


On March 14, 2017, the Fairfax County Board of Supervisors approved an update to the Comprehensive Plan for Tysons. Consistent with comments from industry representatives and the Tysons Partnership (www.tysonspartnership.org), the updated language in the Plan reasonably responds to evolving development trends and steers clear of arbitrary limits on the growth of the County’s economic engine.  McGuireWoods was proud to participate in this effort and is a founding member of the Tysons Partnership.

On March 14, 2017, the Board of Supervisors approved an amendment to the Tysons PTC Zoning District that eliminated the FAR maximum of 2.5 for certain uses located within a Transit Oriented Development that is up to one fourth a mile from a Metro Rail Station.  All non-office uses are now generally not subject to an FAR limitation and the appropriate density is determined based on site specific guidelines otherwise contained in the Plan.  This amendment provides needed flexibility to help implement evolving mixed use concepts and eliminates what was proving to be a somewhat arbitrary restriction in favor a more appropriate performance based approach with respect to traffic and other impacts.




March 28, 2017 – 10:00am – Government Center Conference Room 11


  1. Zoning Ordinance Modernization (45 minutes)
    • Diagnostic review of the Zoning Ordinance to determine its ability to meet modern needs
    • Barbara Byron, Director, Office of Community Revitalization
  2. Fairfax First Initiative: Parking Requirements and Reductions (30 minutes)
    • Continuation of the discussion on an update to the Zoning Ordinance to streamline the process for Parking Reductions
    • John Friedman, Engineer IV, Land Development Services
  3. LDS/DPWES Budget (30 minutes)
    • Development Process FY2018 Budget Considerations
    • Bill Hicks, Director, Land Development Services
  4. Adjournment

The next Development Process Committee meeting is scheduled for May 9, 2017, at 3:00 p.m.

This is a follow up to our earlier briefing on the proposed revisions to the “Fairfax Forward process”.   McGuireWoods’ lawyers have been working closely with County leadership and the land use bar to understand the proposed process and offer constructive feedback.  While the proposed Fairfax Forward process does open an additional avenue to propose amendments to the Comprehensive Plan, we remain concerned that the proposed process will only apply to a very narrow set of circumstances and that the proposed timelines are not responsive to the rapidly evolving real estate market.   Public hearings on the proposed amendment are scheduled for April 19th before the Planning Commission and May 16th before the Board of Supervisors.  Beyond this proposed process, we intend to continue to press the County for additional paths to allow for logical and necessary evolution of the Comprehensive Plan.

Fairfax County has jumped into the craft beverage game by creating new zoning rules that make it more attractive for craft beverage production establishments, including breweries, wineries, and distilleries, to operate in the county. The new zoning ordinance provisions were adopted by the Board of Supervisors on February 28 and are now in effect.  Under the new ordinance, smaller scale producers are expressly permitted in certain commercial zoning districts and most industrial and planned development zoning districts.  McGuireWoods is proud to have been the only firm that advocated during the public hearing process for additional flexibility in production limits and operations of these types of establishments. Those changes were incorporated into the final approved zoning ordinance amendment.

The maximum permitted annual production varies by zoning district, with a range of between 5,000-20,000 barrels of beer or 5,000-36,000 gallons of distilled spirits, wine, cider, or mead per year. While craft beverage production establishments are permitted by right in many districts, they may still require additional zoning actions in most cases. If a property has existing zoning approvals limiting potential uses, then an amendment to that approval will still be required before a craft beverage production establishment can be opened.

If you have questions regarding how the zoning ordinance impacts your property or if you are looking at potential brewery, distillery, or winery sites in Fairfax County, contact sadams@mcguirewoods for additional information.

Embark Richmond Map

The Embark Richmond Highway Advisory Group met Monday morning (02/27) for its 14th meeting and continued its discussion of staff’s transportation impacts analysis for the proposed bus rapid transit system along US Highway 1.  The Embark Richmond Highway planning process represents a significant opportunity to embrace future transit options and reposition property for density or uses that may not be reflected in the the current Plan.  Staff intends to begin drafting text for the comprehensive plan in this spring, so now is the time to think strategically about specific sites or opportunities that can be addressed in this process.


On January 24, 2017 McGuireWoods, on behalf of Gulick Group, Inc., secured the approval of a rezoning of 11 acres of the Hills Nursery in Great Falls from the R-A District to the R-1 District, Cluster. Gulick Group, a premier builder of luxury homes and communities in the Northern Virginia area, designed an environmentally sensitive, density-compatible plan of nine lots on the topographically challenged property.  The County staff review was detailed and extensive and citizen involvement was robust.   In the end, our collective efforts resulted in the Great Falls Citizen’s Association withdrawing any opposition to the project and unanimous votes for approval at both the Planning Commission and the Board of Supervisor’s hearings.  For additional information, please contact Lori Greenlief at lgreenlief@mcguirewoods.com


Chairman Bulova recently created a Community Council on Land Use Engagement to discuss and make recommendations on ways to improve communication with citizens during the land use process. The first meeting was held on February 13 and recommendations are expected by the end of April, 2017.  McGuireWoods is honored to have been asked to participate as a member the council and provide our insight into community engagement.

Members of the council include:

  • Walter Alcorn, Chairman, Hunter Mill District, former Planning Commissioner, Consumer Electronics Association
  • Scott Adams/Lori Greenlief, McGuireWoods (Land Use Attorney/Planner)
  • Matt Bell, Mt. Vernon District
  • Robert Cain, Braddock District
  • Karen Campblin, Sully District
  • Mike Carlin, Springfield District
  • Michael DeLoose, Springfield District
  • Sherry Fisher, Braddock District
  • Deborah Fraser, Mason District
  • Elizabeth John, Dranesville District
  • Barbara Lippa, Sully District
  • Jeffery Longo, Mason District, Sleepy Hollow Manor Citizens Association
  • Sandra Lukic Dapoigny, Braddock District
  • Brad McKinney, Mason District
  • Carrie Nixon, Providence District
  • Kevin O’Neill, Braddock District
  • Vincent Picciano, Braddock District
  • Chris Soule, Lee District
  • Annmarie Swope, Hunter Mill, Fairfax County Federation of Citizens Associations
  • Fran Wallingford, Providence District

More information the committee can be found at www.fairfaxcounty.gov/chairman/communitycouncil.

As the Chair of the Tysons Partnership, I’m pleased to report that on February 2nd the Partnership’s Board of Directors voted to appoint David Diaz as our new President and Executive Director.  David, who is currently the president and CEO of the Downtown Raleigh Alliance, succeeds to the position left vacant recently by Michael Caplin’s retirement.

We welcome David and his family to our Tysons community.  We look forward to the continued strengthening of our Partnership and the evolution of our “AudaCity”.  View press release.