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Arcola Center met with threat of investigation
The Planning Commission Oct. 15 forwarded the Arcola Center rezoning application to the Committee of the Whole for further discussion, but not before Michael Horwatt – the Desai family's lawyer -- threatened an investigation by the U.S. Justice Department for “institutional discrimination.”
The Desai family, owner of the old Croson's Store in Arcola, is at risk of losing its business if the Arcola Center application is approved, mainly because of a proffer to build a section of Arcola Boulevard, which will run right through the family's property.
“There is an invisible cloak on the Desai family,” Horwatt said. “Despite all the participation of the Desais, [the county staff and applicant] ignored them. They didn't say yes. They didn't say no. They ignored them. They would have been taken seriously if they [weren't Indian]. This is institutional discrimination.”
Horwatt said he will push for a U.S. Justice Department investigation and also will go to the governor and the Commonwealth Transportation Board.
“We will ask the Justice Department to investigate the situation and talk to everyone who participated.”
The Desai family holds a 20-year rental contract on its business, which has been leased since 1999.
“Why is Gum Spring Road not expanded?” asked Veresh Desai, who also said there is open space on both sides of his business. “Why is the road going right through our gas station?”
Desai said he has asked for a road realignment.
At the Planning Commission meeting, Tony Calabrese, representative of the applicant, Arcola Limited Partnership of Gaithersburg, said in regard to Arcola Boulevard the applicant was following what is already in the Countywide Transportation Plan.
Planning Commissioner Nancy Hsu asked that the Arcola Limited Partnership and the Desai family work out the issue before the Committee of the Whole meets on Nov. 5.
“We will file a complaint if this is not resolved quickly,” Horwatt said, but he would not give a specific date.
The applicant is asking the county to rezone 312 acres so it can build a mixed-use community consisting of 1,194 residential units and more than 2 million square feet of commercial and industrial uses. The property is located near Loudoun County Parkway and U.S. 50, fronting on Evergreen Mills Road.
The project is a 10- to 15-year build-out development, said Calabrese, and will become home to upscale restaurants, retail and offices.
The application will go before the Committee of the Whole for further discussion, mainly on residential density, phasing timeline for build out, and road construction and environmental impacts.
Contact the reporter at lwolstenholme@timespapers.com
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