LARRY & THE LAND LAWYERS TO PERFORM AT THE SECOND ANNUAL LAW ROCKS CONCERT

Photograph of Larry & The LandLawyers at Law Rocks DC 2016Arlington, VA – On September 22, Larry & The Landlawyers take the stage at the 9:30 Club for an epic battle-of-the-bands fundraising concert. Larry Clark, Mike Kieffer, Mark Goetzman, and John Rinaldi, a/k/a Larry & The Landlawyers, will perform on behalf of HomeAid Northern Virginia, a volunteer-run organization that provides essential clothing and winter items for distribution through the shelter system.
LAW ROCKS has been promoting music education for underprivileged youth and raising money for local nonprofit organizations by joining the power of music and the generosity of the global community. This year, Larry & The Landlawyers will compete with 13 local bands to see who can raise the most funds, is the audience favorite, and receives the highest score from a Rock Panel of judges.

Please join us for a great night of music for a great cause! Together we can help Larry & The Landlawyers hit the top of the charts. If you can’t be there you can still help the band, please help by donating. Use this link to select the Larry and The Landlawyers – HomeAid Northern Virginia Team. We appreciate every contribution and look forward to seeing you at this year’s LAW ROCKS. To learn more about LAW ROCK and to link to additional information about the event, venue, and bands, click here, or email slynch@thelandlawyers.com

2400 Columbia Pike Approved for Development

Graphic representation of 2400 Columbia Pike
Source: WHA Architecture and Planning

On June 18, the Arlington County Board voted unanimously to approve a special exception use permit for a new mixed-use building at 2400 Columbia Pike, pursuant to the Columbia Pike Commercial Centers Form Based Code.

Located at the corner of Columbia Pike and South Barton Street, the site of the approved building is currently home to Rappahannock Coffee and other neighborhood retailers. Under the Form Based Code, the existing buildings on the site are designated as “historic façades.” Cathy Puskar assisted the firm’s client and its design team with developing a plan that incorporated the historic façades into the new building envelope and securing approval of the preservation plan by the Historic Affairs and Landmark Review Board.

The new six-story building will contain 105 market-rate residential units, approximately 14,700 square feet of ground floor retail, and two levels of below-grade parking. The unique architectural design of the building is specifically intended to accentuate the historic façades, which will be preserved, and to create a welcoming pedestrian environment. In combination with the Penrose Square and Siena Park developments across the street, the new building at 2400 Columbia Pike will contribute to a greatly enhanced walkable, mixed-use, urban corridor on the eastern end of Columbia Pike.

Cathy is currently representing additional Commercial Centers and Neighborhoods Form Based Code developments along Columbia Pike.

 

 

City of Alexandria Approves Renovation and Expansion of Old Town’s Colony Inn

Graphic representation of Colony Inn
Source: RUST|ORLING, RC Fields

On May 14, after more than 18 months of City, Board of Architectural Review, Urban Design Advisory Committee, and community meetings, Land Lawyer Cathy Puskar and Land Use Planner Amy Friedlander obtained approval of a Development Special Use Permit for the renovation and expansion of the Colony Inn in Old Town North.

The project’s gateway location into the City of Alexandria along the George Washington Memorial Parkway and its proximity to residential neighbors created a unique challenge given the competing requirements of the Zoning Ordinance and Board of Architectural Review Standards, as well as varying interests of the parties involved in the project’s review.

Cathy and Amy helped the team navigate through the process, making revisions in response to comments from all parties involved, to arrive at a design supported by the Board of Architectural Review, the Urban Design Advisory Committee, and the Planning Commission and ultimately approved by the City Council. The project, which expands the existing hotel’s capacity from 49 to 95 rooms with a 60-seat restaurant/meeting space, improves the existing building in a sustainable fashion, meets the high design standards for buildings along the George Washington Memorial Parkway, supports local tourism, adds jobs, increases the City’s commercial tax base, and provides an amenity for the neighborhood.

The Land Lawyers Make Their Mark at the 2016 Legal Mushball Classic

Mushball Group Picture
Source: Angela Olson Halsted

 

 

 

 

 

 

 

 

 

 

“Do you believe in miracles?” was the famous saying when the 1980 U.S. hockey team beat Russia. And it was almost the case on Saturday, June 25, when The Land Lawyers took to the field at the 2016 Legal Mushball Classic to benefit the Washington Nationals Youth Baseball Academy.

Under sunny skies, The Land Lawyers defeated Akin Gump (7-3), Hogan Lovells (11-3), Mayer Brown (10-1), and Proskauer Rose (8-4) on their march to the Championship Game. Unfortunately, in a close game, defending champions Williams & Connolly clinched the title, beating The Land Lawyers by two runs (6-4).

Placing second in a tournament of 21 firms much larger than ours was a great accomplishment, especially considering the tournament lasted an incredible 12 hours. It wasn’t difficult to keep the day’s momentum going. Matt Westover and Mike Romeo did their best impression of the Bash Brothers hitting five home runs each. Antonia Miller, playing a mean second base, drove in the division-clinching game run. Bill Fogarty made an incredible diving stop at first base—a truly SportsCenter-worthy game highlight. Catchers Amy Friedlander and Erin Thiebert anchored the defense at home plate as well as getting base hits. Sam Irvin consistently hit line drives to drive in runs. The team’s pitcher, Ed Encarnacion, was stellar on the mound, preventing runs by fielding his position spectacularly. Mark Goetzman provided spot-on managing and pre-game speeches that inspired the team to victory. Congratulations are due to the whole team, which consisted of firm employees, spouses, significant others, and children.

As much as we are proud of our second-place finish, we are even more proud of the level of sportsmanship our team demonstrated all through the tournament, which did not go unnoticed. The umpires and tournament staff commended The Land Lawyers on our sportsmanship and how we played the game right. We will definitely be invited back next year! Please visit PuzzleGirl065’s photo gallery on Flickr to see photos from our fantastic day.

WAY TO GO, TEAM LAND LAWYERS!

New Metro Station Paves Way for North Potomac Yard Development

Walsh, Colucci, Lubeley & Walsh is pleased to announce that Cathy Puskar and Amy Friedlander are representing The JBG Companies in their pursuit of approvals for the first phase of development in North Potomac Yard, which will coincide with the construction of the Potomac Yard Metrorail Station on the Yellow and Blue Lines. The new Metro Station will be located between the National Airport and Braddock Road Stations and is a key element of Potomac Yard’s redevelopment.

In May 2015, the Alexandria City Council voted to endorse construction of a new Potomac Yard Metrorail Station on the Yellow and Blue Lines between the National Airport and Braddock Road Stations. The Washington Metropolitan Area Transit Authority Board accepted the station into the system and endorsed the site choice in December 2015. In May 2016, the process reached another key milestone as City Council approved the Development Special Use Permit for the station’s construction. As the design moves forward into the design-build RFP phase this summer, the City will work with WMATA and the National Park Service to finalize the Environmental Impact Statement (EIS) required by the National Environmental Policy Act. The Final EIS will be released in winter 2016.

Approval of the Potomac Yard Metro Station paves the way for the development of 7.5 million square feet of high-density, mixed-use, transit-oriented development within North Potomac Yard as envisioned in the North Potomac Yard Small Area Plan. Cathy and Amy will guide JBG through the City’s public process of updating the North Potomac Yard Small Area Plan to coordinate the newly designed station with JBG’s proposed development, ensuring timely approval and construction of the first phase of the project so that when the station opens in 2020, new Metro riders will be welcomed by a vibrant, retail-focused mixed-use destination.

Alexandria City Council Approves Major Retail-Focused Mixed-Use Project in Old Town North

Graphic representation of Old Town North
Source: Interface Multimedia and Hord Coplan Macht

In March 2016, the Alexandria City Council approved a master plan amendment rezoning, and development special use permit to redevelop a two-acre city block in Old Town North. The 51,000-square-foot project consisting of ground-floor retail and 232 apartments will replace the existing 1950s-era Giant grocery store and Virginia ABC store. Cathy Puskar and Amy Friedlander directed the developers, EDENS and Gables Residential, through the entitlement process. The mixed-use project will include diverse, high-quality retail storefronts and signage, two distinct ground-level public open spaces, on-site public art, nine units of on-site affordable housing, generous streetscapes, and fully internalized loading docks designed for trucks to maneuver within the building rather than on the street. The project will create the neighborhood retail anchor envisioned in the Old Town North Small Area Plan, enhance the walkability of the neighborhood, create additional jobs, and add much-needed tax revenue to the City’s coffers.

Employee Spotlight – Kim Follin

Picture of Kim Follin
Source: Susan Lynch

A number of Land Lawyers employees grew up in Pittsburgh, and legal assistant Kim Follin happens to be one of them. If it wasn’t for a childhood friend, another Pittsburgh transplant, who suggested she might be happier working for a group of great land use attorneys and planners, Kim might still be working for the FBI.

Kim moved to Northern Virginia when she was 18 to work in the human resources department at the FBI, a job she describes as “so not exciting.” If it hadn’t been for the urging of a close childhood friend to apply for an admin assistant job with The Land Lawyers, Kim’s knack for putting together exemplary land use application packages and affidavits might have never been discovered.

Kim earned both associate and bachelor’s degrees in business and, although she holds an advanced degree in elementary education, she wouldn’t trade her years working alongside Senior Land Use Planner Elizabeth Baker for a classroom. Someday, after she retires, maybe. For today, Kim is content to be a Power Lunch reading mentor with Everybody Wins! DC and a legal assistant who is fervent and fastidious when it comes to preparing land use application packages, affidavits, disclosures, and legal notices.

And that’s not all.

The Land Lawyers: What is your role with the firm?
Kim Follin: My role is an important and integral aspect of the applications that are filed on behalf of our clients. Fairfax County is very strict in its requirements pertaining to affidavits, proffer signature authority proof, and legal notices. Alexandria and Arlington have strict legal notice requirements and disclosure requirements. All have very specific deadlines. Any one of these not done on time, or with an error, could result in an application being deferred. I strive to never let this happen. If I do my job well, and virtually seamlessly, that means the attorneys and planners I work with do not have to worry about these requirements and can concentrate their efforts on the important aspects of working with the County staff on other parts of the application process and approval. I’ve been doing this for 18 years and it’s like a jigsaw puzzle. I know all the pieces of the puzzle and how to put them together.

TLL: What do you enjoy most about being a legal assistant with The Land Lawyers?
KF: My job keeps me on my toes because I am always working ahead of deadlines. Each successful zoning application makes my job that much more rewarding. I really enjoy what I do and I enjoy the people I work with, especially our clients, other consultants, and the County and City staff.

TLL: You are busy from the time you arrive at work until the time you leave. So, tell us, what do you like to do in your spare time?
KF: I have always loved working with kids, which is one reason I pursued a Masters in education. Being part of the Power Lunch reading mentor program and seeing my mentee improve her skills every week, and that smile when she really comprehends what she is reading, is priceless. I’m also a huge Nationals fan, perhaps even more so than my husband. Nothing beats watching the Nats pull off a “Curly W.” I like to bike into work but don’t do it often enough. I do take spin classes with an instructor who plays great music and knows how to motivate the class. My husband and I really enjoy taking long walks with our dogs. They are part of our family and we have actually met many new friends walking them. Another thing we really love to do is go to concerts. We’ve taken the Rock Legends Cruise three times and are already booked on next year’s cruise! On this past year’s cruise we saw 22 shows in four days—it was incredibly fun!

TLL: What is your favorite band?
KF: There’s no way I can name one. I love Foreigner, Lynyrd Skynyrd, the Eagles, Heart, Adele, Maroon 5, Paul McCartney, Elton John, Cher, the Legwarmers, Garth Brooks, Devon Allman, and of course the Rolling Stones! I do have a favorite song: “Walking on Sunshine” by Katrina and the Waves.

TLL: Are you going to any concerts this summer?
KF: We just saw Harry Connick, Jr., and the Dixie Chicks and plan to see Paul McCartney, Pat Benatar, Tedeschi Trucks Band, and the Zac Brown Band. Earlier this year we saw Bruce Springsteen and Garth Brooks.

TLL: Is there any place in the world or universe you most like to visit?
KF: Last year I went to Paris and just loved it—the city, its history, the culture, and the people. There is no other place like it in the world and I would love to go back again someday.

TLL: Do you have a hero or heroine?
KF: My heroine is my friend and former mentor Joni. She is an amazing individual who taught me to work hard, be precise, always care, and smile often. She encouraged me to get my college degree and I returned the favor a few years back when I tutored her in chemistry. She was in her 70s then, and she passed the class!

TLL: What’s your favorite meal?
KF: Chicken fajitas and swirls at Uncle Julio’s.

TLL: Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?
KF: No two days are exactly alike and no two zonings applications are identical, so I’m always challenged. The people who work here are smart, articulate, hardworking, good at what they do, and have cool personalities. The land use process is ever evolving and The Land Lawyers not only make a difference at work but in the communities where they live with their participation in many charitable causes. They truly care about what they do and the people who work for them, and it shows. Many of my colleagues have been here as long as I have, and some a lot longer.

TLL: Thank you, Kim!

AHC to Redevelop and Increase Affordable Housing at The Berkeley Apartments

Graphic representation of project
Source: Courtesy of AHC

On May 17, the Arlington County Board approved nonprofit affordable housing developer AHC’s redevelopment proposal to replace the two existing residential buildings, which would otherwise require massive infrastructure and structural improvements, with two new buildings containing a total of 257 units.

Shareholders Evan Pritchard and Art Walsh worked closely with AHC and County Staff to develop a site plan amendment proposal that achieves many of the goals for the property set forth in the Four Mile Run Restoration Master Plan. Examples include orienting the new buildings toward the stream with ground-floor unit doorways, expanding the adjacent Four Mile Run Trail, and incorporating low-impact development techniques and native plants to greatly reduce the amount of runoff from the site into the nearby stream. The buildings will also adhere to the green building guidelines of the Four Mile Run Restoration Master Plan and the County’s green building policy by achieving EarthCraft Gold certification.

Landscape Drawing
Source: Courtesy of AHC

A major topic of discussion throughout the public process and at the County Board hearing was the new fence proposed to be installed between the project and the Four Mile Run Trail. The Four Mile Run Restoration Master Plan recommends that such fences be used sparingly and that other, more natural barriers be used where possible. Current Berkeley residents, with whom AHC will work closely during relocation to transition into new units, however, testified that the existing fence on the property provides a sense of security and safety that must be retained. After studying a number of design alternatives, the applicant team proposed a compromise solution with a fence that will undulate along the property line so that only portions will directly abut the trail. The remainder of the fence will be pulled away toward the residential buildings to create several areas along the trail that will be planted with trees and landscaping. AHC further agreed to remove the fence no later than 2036, provided that the surrounding area has had a chance to redevelop with new residential and commercial projects. This compromise approach was embraced by the County Board, which unanimously approved the project.

2016 Virginia General Assembly Legislative Summary

Photograph of Virginia State House
Source: Skip Plitt – C’ville Photography

The Virginia General Assembly concluded its 60-day 2016 session one day early, passing more than 800 bills and approving a balanced $105 billion biennial budget. The budget includes $190 million for the Virginia Retirement System, a partial restoration of funding for the cost of competing adjustment for K–12 education, and a $50 million boost to keep Dulles International Airport competitive.

The budget also contains language requiring the Commonwealth Transportation Board to add a third eastbound travel lane on Interstate 66 between the Dulles Connector Road and the Glebe Road/Fairfax Drive exit.

Although the session represented a fresh start in some ways, the Senate’s failure to reappoint interim Justice Jane Marum Roush to a full term on the Supreme Court of Virginia amplified a simmering partisan undercurrent that finally ended with the appointment of Virginia Court of Appeals Judge Stephen McCullough to the Court. The session was also notable for Governor McAuliffe’s issuance of 32 vetoes—the most issued since 1998—on legislation mainly pertaining to social issues; none were overridden by the legislature.

Economic development proved a major issue throughout the session, and the General Assembly passed a $35 million business-led effort to encourage private-sector growth and job creation known as “Go Virginia.” The initiative establishes the new Virginia Growth and Opportunity Board, which will offer competitively awarded grants for economic development, research, and workforce training projects across the commonwealth.

Though there was not the quantity of land-use legislation that has often dominated previous sessions, several bills were somewhat significant to the development industry.  Most important was SB 549 (colloquially referred to as the “Proffer Reform Bill”), which arguably represents the most sweeping change to Virginia’s unique proffer system since it was created in 1974.  The Proffer Bill was the subject of heated debate. A detailed summary of its contents by WCL&W Shareholder John Foote appeared in April’s issue of Virginia’s Land Sense, found here.  A diagram of the legislation can be found here.

The General Assembly also passed land-use legislation related to land bank authorities (HB 268), the extension of protections for non-conforming business owners that are the subject of zoning violations (HB 367), and a prohibition of the establishment of new farm wineries and breweries in Fairfax County’s “Residential Conservation” zoning district (HB 879). Telecommunications towers are now automatically deemed to be in conformance with a locality’s master plan where they are permitted by right (HB 883), and the Virginia Housing Commission will create a working group to review short-term rentals in residential areas (SB 416).

Also of note, any locality with a tree ordinance may adopt provisions allowing it to post signs on private property proposed to be redeveloped with a single-family home informing neighbors that an application for a grading plan to develop a single-family home has been filed (SB 361).

A summary of land-use and real estate industry–related legislation may be found here.