The Land Lawyers Blog

Employee Spotlight: Reed Stadler

Posted on by The Land Lawyers

Reed Stadler rejoined the firm in 2021 as an associate attorney for the Prince William office where he supports the Real Estate Transactions practice group. His practice focuses on real estate transactions, commercial loans, condo and homeowners associations, and other business matters. Reed first joined the firm as a Summer Associate in 2018, during this time he assisted with contract revisions, title search and review, trial preparation, and legal research projects. Reed is a William & Mary Law School graduate where he served as a Notes Editor for the William & Mary Business Law Review.

This month, the spotlight is on associate Reed Stadler. 

Thank you for participating, Reed! Tell us a little about yourself — where did you grow up?

I grew up near Columbia, Maryland.

What did you want to be when you were younger?

The first job I can remember wanting to do was to be an archaeologist. As a kid, I was obsessed with Dinosaurs and I have an uncle who did research digs so I have always been fascinated by the idea of pulling history right out of the ground. The idea of looking out into an empty field and picturing what could be hidden in the dirt excites me.

How did you decide on a career in law? Who would you consider a mentor and why?

I decided on a career in law because I wanted to work in a field that would keep my brain moving every day. I am very fortunate to say that just about every lawyer I’ve ever come across has been willing to serve as a mentor in some capacity. Even before I was a summer associate at Walsh Colucci, Michael Coughlin at our office took the time to lend me a hand on a paper I was writing for law school that related to his eminent domain practice.

What aspect of your role do you enjoy the most?

As a resident of Prince William County myself, I enjoy working on transactions involving real estate in the property. It is exciting and rewarding to play a part in the development of my community.

Words of advice for aspiring land lawyers?

I would recommend anyone who is considering entering into real estate law to familiarize themselves as much as possible with the area in which they will be working. Having an idea about where various nearby streets, neighborhoods, and businesses are located can be very useful.

Outside of work, what do you like to do for fun?

I love reading, playing with my two dogs, going for hikes, and playing racquetball.

What is one thing about you that few people know?

I have a collection of ancient Roman coins which as a pastime I enjoy restoring and identifying.

Favorite place(s) to travel to?

Out of all the places I’ve traveled to, Greece is my favorite. The people are incredibly kind, the food is amazing, and the historic sites are awe-inspiring.

Favorite book?

The Brothers Karamazov by Fyodor Dostoyevsky.

Do you have any pets? 

My two dogs are Sonia, a Red Heeler, and Heracles (“Herc”), an English Mastiff.

What can you tell us about working at Walsh, Colucci, Lubeley & Walsh?

Every attorney here is incredibly intelligent, knowledgeable, personable, and passionate about this industry. This makes Walsh, Colucci, Lubeley & Walsh a great firm to practice law and feel proud of the work you do.

Our Very Own John Foote is Inducted into the Virginia Lawyers Hall of Fame

Posted on by Brigitte Flores

John Foote - Virginia Lawyers Hall of Fame

As many people who have had the pleasure of working with him already know, John Foote loves what he does and brings that passion and high level of energy to all of his clients and cases. John has an almost encyclopedic knowledge of municipal and zoning law in Virginia. His practice covers much of the Commonwealth and, as a result, our clients benefit from his expertise, unparalleled reputation, and relationships with community leaders, legislators, and decision makers throughout the state. We are very proud to announce his induction into the Virginia Lawyers Hall of Fame, our mini-version of “Cooperstown, New York” for Virginia lawyers. This honor validates that our high opinion of John is also shared by his peers across Virginia.

For those who have not had the pleasure of working with John, he is experienced in all relevant legal areas affecting land use and zoning in Virginia, including federal regulations of wetlands and waters of the United States, the state regulation of Chesapeake Bay Preservation areas and storm-water management, and historic preservation. John teaches and has written extensively in the area of land use and local government, and is the author of the seminal Virginia handbook on Planning and Zoning.

As our senior litigator in both state and federal courts, John has argued more than twenty cases before the Virginia Supreme Court. Those cases have led to some of the most significant and influential land use and zoning decisions authored by the Court.

In addition to his effective advocacy, John has also shared his vast wealth of knowledge with, and mentored, numerous lawyers during his career. The list of his pupils includes not only attorneys in private practice, but also community leaders, public servants, and judges.

Prior to joining Walsh, Colucci, Lubeley & Walsh in 1999, John served as the County Attorney for Prince William County, Virginia, from 1982 until 1989, and previously as the Deputy County Attorney from 1977 until 1982. In both positions he served as the County’s chief litigator. In 1989, he transitioned to private practice with Hazel and Thomas. Ten years later, he joined us, and we have had the extremely good fortune of being able to work with John and learn from him on a daily basis.

John is consistently listed in Best Lawyers in America for Land Use and Zoning law, Land Use & Zoning Litigation, Municipal Litigation, Municipal Law, and Real Estate Law. He was named Lawyer of the Year by Best Lawyers in 2016. Virginia Business magazine recognized John to the Legal Elite in Real Estate/Land Use Law list in 2016 and 2020. John’s peers voted and named him as a Super Lawyer in Thompson Reuters’ Super Lawyers magazine in Virginia and Washington, D.C.

Please join us in congratulating John on this well-deserved accomplishment.

Arlington County Board Approves Landmark Block Redevelopment

Posted on by Brigitte Flores

At its March 20 public hearing, the Arlington County Board approved Greystar Real Estate Partners’ proposal to  redevelop the “Landmark Block” located in the Courthouse area of Arlington County with a substantial new residential and retail mixed use building.  The proposal included the sale of County-owned property on the Landmark Block to the applicant, a rezoning of the entire block from the C-3 Zoning District to the C-O Zoning District, and a new special exception site plan for the construction of a 20-story, 423-unit residential building with 17,000 square feet of ground floor retail.  The applications were shepherded through the zoning review and approval process by Nan Walsh, Andrew Painter and Nicholas Cumings from Walsh Colucci.

The project is the first approved under the Courthouse Sector Plan Addendum for “Courthouse Square” that resulted from the Envision Courthouse study in 2015.  It includes a number of crucial improvements including construction of a portion of the “Promenade,” a pedestrian connection running north-south through the neighborhood from Clarendon and Wilson Boulevards all the way to 14th Street North.  The Promenade will function as a linear park that can host events and outdoor markets.  The portion constructed with this project will set a standard for high quality, biophilic design for this new public space.  The project will also make significant contributions to the development of the future Civic Square park, construct on-site affordable housing, preserve historic facades, implement numerous green building measures, and construct a number of transportation improvements in the surrounding area.

At the hearing, Nicholas Cumings, representing Greystar, remarked that the wide range of benefits provided will immediately transform this neighborhood and provide engaging and inviting new public spaces and connectivity to this centrally located block, and that the project, as the first approved under the new plan, will be an example for future development and set a standard for this corner of Arlington.

Erin L. Swisshelm Joins the Firm

Posted on by The Land Lawyers

Erin L. Swisshelm joins the firm as an associate for the Land Use & Zoning practice group in the Loudoun office. Prior to joining the firm, Erin was an Assistant County Attorney at the Frederick County Attorney’s office in Winchester, Virginia. Prior to working at the Frederick County Attorney’s office, Erin worked as an Assistant Prosecuting Attorney for the Berkeley County Prosecuting Attorney in Martinsburg, West Virginia. Erin attended law school at the University of Pittsburgh School of Law.

Erin is originally from Indianapolis, Indiana. In her spare time, she enjoys CrossFit and cooking. Before the pandemic, she loved seeing live music. Welcome, Erin!

Land Use Attorney Jonelle M. Cameron Named Shareholder

Posted on by The Land Lawyers

Walsh, Colucci, Lubeley & Walsh is pleased to announce that Jonelle M. Cameron has been named a Shareholder of the firm effective January 1, 2021.

Jonelle Cameron joined the firm in 2013 as a member of the firm’s land use and zoning practice group in the Prince William office. Her practice focuses on land use and zoning matters in Prince William County, City of Manassas, City of Manassas Park, Spotsylvania County, Stafford County, the Town of Haymarket, and the Town of Occoquan.

Jonelle has successfully represented national and regional developers, local businesses and religious institutions in need of rezoning, special use permits, comprehensive plan amendments, zoning verifications (non-conforming uses), appeals/variances, land use and easement agreements, and due diligence in regards to office, retail, industrial, mixed-use, and residential matters. Jonelle assists clients in all phases of the entitlement process. Before joining Walsh Colucci, Jonelle served as an extern at the District of Columbia Housing Authority where she worked on projects relating to real estate and contracts, procurement, issues pertaining to the disposition and acquisition of public housing properties, and drafting, negotiating and reviewing documents related to real estate development and finance transactions.

“It is a privilege to welcome Jonelle into this new role as a shareholder of the firm,” said Dave Bomgardner, shareholder at the firm. “Her land use and zoning experience in Prince William County and the surrounding districts will continue to benefit the firm and our clients in this expanded role. Jonelle’s successful past performance is an indicator of her promising future as a Shareholder.”

​“Jonelle is not only a skilled and accomplished attorney; she is highly respected in the community and the firm,” says land use attorney and shareholder John Foote. “She brings character, integrity, clarity, and thoughtfulness to every decision. Jonelle’s elevation to shareholder is well deserved and I look forward to working with her closely to better serve our clients and the communities in which we live.”  ​

Fairfax County Board Approves Interim Uses for Key Tysons Site

Posted on by Brigitte Flores

In 2014, the Dittmar Company received rezoning approval for its 5.3 acre property at the corner of Leesburg Pike and Westpark Drive in the heart of Tysons, within an easy walk to the Greensboro Metro Station. Site of the Best Western Westpark Hotel, the land was rezoned to the Planned Tysons Corner (PTC) District and approved for a new hotel and two residential towers with up to 1300 dwelling units, referred to as Westpark Plaza. Since the approval, the hotel was demolished and the site used for parking and staging associated with the construction of The Boro located immediately adjacent to the site, as well as commercial off-street parking for Metro users. Last month the Board of Supervisors approved new interim uses for the site in advance of its ultimate redevelopment.

The new uses include new vehicle storage and a reading-themed pop-up park. The interim park includes a lending library, book-themed art, outdoor seating, painted asphalt, alphabet stepping stones, a shade structure, and space for food trucks. Walsh Colucci senior planner, Elizabeth Baker, represented Dittmar on the application. LandDesign, landscape architects, designed the multi-generational pop-park to enliven the Westpark Drive frontage and become a new amenity for residents and workers in the area. This unique theme was chosen as it reflects the commitment of Dittmar to contribute to a new Tysons community library with future redevelopment, and offers a park unlike any other planned for Tysons. The Tysons Partnership, a public-private organization with the goal of advancing the evolution of Tysons into an urban center, also participated in the pop-up park planning.

Given the number of large approvals in Tysons and the realities of market conditions, interim uses are becoming important elements in the transformation of Tysons. Accommodating these uses either with an original rezoning approval or as an amendment helps ensure productive uses now and into the future.

Courtesy of LandDesign

Image Source: LandDesign

Virginia Adopts Permanent Standard in Response to COVID-19

Posted on by Brigitte Flores

The Virginia Safety and Health Codes Board recently voted to approve a permanent safety and health standard (“Permanent Standard”) requiring employers to take steps to prevent workers from contracting the Coronavirus (COVID-19).  The Permanent Standard provides updates to the Temporary Emergency Standards that were adopted on July 15, 2020. The Permanent Standard became effective on January 27, 2021 and will remain in place at least until any state of emergency related to COVID-19 is lifted.

The Permanent Standard maintains many controls put in place to protect employees from workplace exposure, such as wearing face coverings, social distancing, hand hygiene procedures, frequent cleaning of high contact surfaces. The Permanent Standard also also maintains the various classifications of job related exposure risks: “very high”, “high”, “medium” or “lower”.  However, some revisions have gone into the various definitions within the standards, and the requirements of the controls.  For example, the Permanent Standard now requires employers with hazards or job-task risks classified as “very high,” “high,” or “medium” to implement certain ventilation controls to air-handling systems under the employer’s control. The requirements include increasing airflow supply to occupied spaces (provided it does not create a greater hazard), routinely clean and inspect filters, and generate “clean-to-less clean” air movements by reevaluating the positioning of supply and exhaust air diffusers and/or dampers.

The Permanent Standard contains several significant changes of which all employers should be aware including, among other things:

  • While “exposure” is still not a strictly defined term- the Permanent Standard makes it clear that “duration and frequency of exposure” considers how long and how often an employee is potentially exposed to COVID-19 disease under both acute and chronic situations.
  • Explaining face shields are not considered a face covering and can be worn only if a face covering cannot be worn due to a medical condition.
  • Scaling back the requirement to report all positive COVID-19 cases to the Virginia Department of Health. Instead, employers will be required only to report to the Virginia Department of Health “outbreaks” of two or more cases of their own employees at the workplace within a 14-day period.
  • Eliminating the test-based return-to-work requirement and changing the time-based return-to-work requirement from 10 days with three symptom-free days to 10 days with only one symptom-free day (consistent with CDC guidance).
  • Eliminating the requirement for employers to comply with respiratory standards when employees travel together in work vehicles due to shortages of N-95 and other respirators.

The Permanent Standard does not address COVID-19 vaccines, or whether employers can require their employees receive a COVID-19 vaccine.

Although the Permanent Standard is similar to the Temporary Standard, employers in Virginia should take the opportunity to review and revise their existing policies and procedures as necessary regarding COVID-19 to ensure compliance with the Permanent Standard.

Virginia employers that fail to comply with the Permanent Standard are subject to fines up to $12,726 for serious violations and $127,254 for willful violations.

Covered employers  have until March 26, 2021 to re-train employees on the Infectious Disease Preparedness and Response Plan required under §16 VAC 25‐220‐70 (for “very high”, “high” and “medium” exposure risk level employees). Covered employers will  still need to train employees on the standard itself under §16 VAC 25‐220‐80.E.

Any employer wanting assistance with reviewing the Permanent Standard and/or revising their Office Policies/Protocols and/or Infectious Disease Preparedness and Response Plans should contact shareholder Wendy Alexander at 703-680-4664 for assistance.

Senator Jeremy McPike Celebrates the Life of Peter Michael Dolan, Jr.

Posted on by Brigitte Flores

On February 11, 2021, the Virginia State Senate, at the behest of Sen. Jeremy McPike (Senate District 29), passed the following Resolution honoring our departed friend and brother, Peter M. Dolan. The Walsh Colucci family is grateful to the Senator, and indeed the entire Senate.

WHEREAS, Peter Michael Dolan, Jr., an accomplished attorney and beloved member of the Prince William County community, died on January 5, 2021; and

WHEREAS, Peter “Pete” Dolan graduated from Williston Northampton School in 1986 and Hamilton College in 1990 and worked briefly as a zoning administrator and land use planner early in his career; and

WHEREAS, Pete Dolan later earned his Juris Doctor degree from the University of Illinois at Chicago John Marshall Law School in 1996, serving as lead articles editor for the school’s law review and graduating cum laude; and

WHEREAS, Pete Dolan began his distinguished law career in Colorado and for the last 19 years had worked with Walsh, Colucci, Lubeley and Walsh, P.C., in Prince William County, where he was most recently a managing shareholder and leader of his firm’s land use and zoning practice group; Pete Dolan contributed greatly to the growth and development of Prince William County in recent years; and

WHEREAS, Pete Dolan’s extensive service in the community included roles as chairman of the Board of Directors for the Prince William County Chamber of Commerce and as member of the Board of Directors for the Sentara Northern Virginia Medical Center, the Board of Directors of the Boys& Girls Club Prince William County, and the Prince William Design and Construction Standards Manual (DCSM)/Zoning Ordinance Advisory Committee; and

WHEREAS, Pete Dolan also gave generously of his time and talents as a guest lecturer at George Mason University, as a moderator at several industry events, and as a volunteer with myriad service and charitable organizations; and

WHEREAS, Pete Dolan will be fondly remembered and dearly missed by his loving wife of 26 years, Karen; his children, Katherine and Erin; his parents, Peter, Sr., and Carole; and numerous other family members and friends; now, therefore, be it

RESOLVED, That the Senate of Virginia hereby note with great sadness the loss of Peter Michael Dolan, Jr., an esteemed attorney from Manassas whose unwavering loyalty, integrity, and compassion for others was an inspiration to all who knew him; and, be it

RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of Peter Michael Dolan, Jr., as an expression of the Senate of Virginia’s respect for his memory.

Loudoun County Board of Supervisors Approves Belfort Park Drive Townhomes

Posted on by Brigitte Flores

Walsh Colucci assisted the applicant, Davis Drive, LLC, in the recent approval of a rezoning and zoning modification application for a 1.98-acre site to accommodate the development of 20 townhomes. The site is located on the north side of Belfort Park Drive between Glenn Drive and Davis Drive. The recently approved General Plan designates this property as in the Suburban Compact Neighborhood Place of the Suburban Policy Area. The General Plan calls for this place type to provide opportunities to develop small infill parcels near traditional suburban neighborhoods. This place type envisions a mix of housing types, with townhomes listed as a core use.

The development of 20 townhomes at this location will provide a complementary addition to the surrounding community in the Sterling area. The future residents of these townhomes will enjoy an active recreation space approximately 8,000 square feet in size that will include garden features with various trees and shrubs, picnic tables, and park benches. There is also an extensive pedestrian network that the residents may use to visit the commercial areas in the vicinity. During the rezoning process, several challenges arose prior to the approval of the application. In particular, County staff and the Planning Commission expressed concerns regarding the adequacy of parking for the project and the applicant’s plan to convert the existing and currently VDOT-maintained stormwater management pond located on the property to an underground stormwater detention facility to be maintained by the homeowners’ association. Additionally, neighboring residents from the adjacent community voiced their concerns about the application.

The applicant addressed these concerns by hosting multiple community meetings and agreeing to proffer commitments that mitigate the impacts of the application. Specifically, the applicant agreed to increase the contribution amount of seed money to the homeowners’ association for the maintenance of the underground stormwater facility; increase the amount of affordable housing units; provide an enhanced vegetative buffer along the northern boundary of the property to mitigate visual impacts for the adjacent community; increase the amount of parking spaces for a total of five parking spaces per townhome unit; and install traffic improvements for the intersection of Belfort Park Drive and Glenn Drive.

With these approvals, a vibrant residential piece will be added to this area which will help fulfill Loudoun County’s vision for quality design and affordable housing. The development will provide a compatible addition to the existing neighborhood and help address the spectrum of unmet housing needs in Loudoun County. Through its ability to work collaboratively with County representatives, the applicant was able to find a path forward and gain near unanimous support for the Belfort Park Drive Townhomes project from the Loudoun County Board of Supervisors on November 17, 2020.

Loudoun County land use attorney Sashenka Brauer led the development team through the approval process. For more information about this project or to learn more about our Land Use & Zoning practice please contact sbrauer@thelandlawyers.com.

 

 

 

Image Source: Urban, Ltd.