Source: Google Maps

On December 7, 2015, Novus Property Holdings, LLC, submitted a rezoning application for approximately five acres of property located on the east side of Richmond Highway, south of its intersection with North Kings Highway.

The site, generally referred to as part of King’s Crossing, is currently developed with four aging pad sites that have long been contemplated for redevelopment. Novus proposes a multifamily building of approximately 340 units that will complement existing retail directly north of the site, as well as recent development in the surrounding Penn Daw area in the Mount Vernon District. As a precursor to the rezoning application, the Fairfax County Board of Supervisors authorized consideration of an out-of-turn Comprehensive Plan amendment for the site that is under review. The proposed multifamily building will replace an aging, underutilized, auto-oriented strip development and provide a new residential option for those seeking housing on Richmond Highway.

Transit network improvements planned for the site will provide a sidewalk along Fairview Drive and a section of the foot trail along Richmond Highway in order to connect the area to the surrounding community. One-third of the property will be dedicated open space and the project proposes an underground storm water management system and bio-retention facility among other features.

Source: Susan Lynch

Walsh, Colucci, Lubeley & Walsh, P.C., is pleased to announce that Robert Brant has joined the firm’s land use and zoning practice group. “Bob is a welcome addition to our firm,” said Mike Coughlin, Shareholder in the Prince William office and fellow Catholic University Law School alumnus. “He will be able to hit the ground running for our land use clients.”

Inspired by his father, a land use, zoning, and real estate attorney who specializes in diverse land development projects in southeastern Pennsylvania, Bob had set a goal to practice at a mid-size law firm where his work would directly affect and help shape the communities where he lives and works. “I have always been interested in this field of law,” said Bob. “I’m excited for this opportunity and looking for ways to get involved in the community.”

Enthusiasm for real estate law isn’t the only thing Bob’s father bestowed upon him. When Robert Brant Sr. was growing up in the 1960s and ’70s, he was an avid record collector—everything from the Beatles to Bob Dylan to the Rolling Stones. Today, Bob looks after his dad’s anthology and hasn’t lost interest in adding to it. Recently married, Bob and his wife Jenna enjoy browsing for rare titles at CD Cellar, on Wilson Boulevard in Arlington, and at Mobius Records in Fairfax.

Before joining The Land Lawyers, Bob was an associate with Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., where his practice focused on assisting boards of directors of condominium and homeowners associations with all aspects of association governance. Bob earned his J.D. from the Catholic University of America Columbus School of Law and attended The College of William & Mary where he earned a Bachelor of Arts in Government and German.

You can reach Bob via email at rbrant@thelandlawyers.com.

Source: Susan Lynch

For more than a year now, our attorneys and planners have reported on real estate development, zoning and rezoning approvals, and sector plan updates for Arlington, Fairfax, Loudoun, Stafford, and Prince William Counties and the Cities of Alexandria, Falls Church, and Herndon, and on topics related to State and U.S. Supreme Court rulings and decisions on matters related to our practice areas. Here are some of this year’s most popular posts.

In Statute Crafted from Koontz Decision to Remedy Unconstitutional Overreach, Shareholder John Foote explains the punch behind the brief but powerful statute prompted by the U.S. Supreme Court decision in Koontz v. St. James River Water Management District. The statute provides a remedy for a violation of federal constitutional law for a locality’s imposition of an “unconstitutional condition” in the form of a mandatory dedication of real property or an exaction of money. These conditions can be a “taking” under the Fifth and Fourteenth Amendments.

Changes in Virginia Mechanic’s Lien Law, writes Shareholder John Rinaldi in Virginia Supreme Court Hands Down Decision on Mechanic’s Lien Claims, will affect both developers and contractors. Two of the changes are statutory; the other comes in the form of a decision handed down by the Supreme Court of Virginia. The Court’s opinion does not announce any sweeping changes in Virginia Mechanic’s Lien Law, but it does clarify numerous “gray areas” and issues that prior decisions regarding mechanic’s liens have failed to address.

Jurisdictions throughout the Commonwealth of Virginia have various processes and requirements with respect to subdivision/easement deeds. In Subdivision/Easement Deeds: One Size Does Not Fit All, Shareholder Bryan Guidash explains that requirements for such deeds are fundamentally the same throughout the state but there are differences for each jurisdiction.

Shareholder Mike Kalish explains a non-prosecution agreement between Forrester Construction Company and the FBI and U.S. Attorney’s Office in FBI and U.S. Attorney’s Office Send Clear Message to Contractors. The construction company agreed to pay a hefty fine and serve as an example of the emblematic abuses that concern the District of Columbia’s Certified Business Enterprise Program and the U.S. Small Business Administration’s 8(a) Business Development Program.

Speaking with an attorney or accountant who is well-versed in tax law will help you make the right decisions for your business and personal real estate investments. Associate Chuck McWilliams, who happens to be both an attorney and CPA, provides examples and pointers to consider in Planning Lessons from the Real Estate Industry.

This past year, Governor Terry McAuliffe signed Senate Bill 1257, which eliminates the sunset provision of an important statute regarding timing of proffer payments. In Legislative Update: Collection of Cash Proffers on a Per-Unit Basis, Shareholder Pete Dolan and Associate Jonelle Cameron explain that without the bill, both Code Section 15.2-2303.1:1 and the 10% cap on administrative costs would have expired on July 1.

In Virginia, residential leases are governed by the Virginia Landlord Tenant Act, but Virginia law imposes few statutory requirements on commercial landlords. Shareholder Andy Burcher’s article, Detailed Lease Provisions Trips Up Tysons Corner Landlord Causing Loss of Anchor Tenant, describes a case involving a 24-year-old lease with a co-tenancy provision that contained latent ambiguities. The Court’s ruling, in favor of the tenant, provides a cautionary tale to both landlords and tenants when including specific examples in lease negotiations.

With the creation of the PPEA, Virginia leads the way in the formation of public-private partnerships, which have fostered projects including schools, fire stations, libraries, and performing arts centers. Virginia’s Public-Private Education Facilities and Infrastructure Act of 2002 Can Be Used to Create Beneficial Partnerships, written by Shareholder John Foote, explains that since its inception, more than 150 projects have been conceived, financed, and built in Virginia.

Shareholder Andrew Painter provides a Planning & Zoning Legislative Update with his article, 2015 Virginia General Assembly Legislative Summary. He explains that although some of Governor Terry McAuliffe’s key legislative efforts were rejected, Virginia legislators were able to balance, adopt, and sign the state budget without further amendments or vetoes. The 46-day session successfully concluded a day ahead of schedule.

Homebuilders in Virginia often waive statutory implied warranties and replace them with a limited builder warranty. In Is Your New Home Contract Implied Warranty Waiver Enforceable?, Shareholder Garth Wainman writes that if the waiver doesn’t comply with Virginia Code §55-70.1, it could create problems for builders.

Every fall, founding Shareholder Art Walsh hosts an annual golf event to raise money for type 1 juvenile diabetes research. This September, the event raised $75,000 for JDRF, the leading global funder of T1D research, bringing the overall total the firm has donated over the past 18 years to $1.1 million. To learn more about JDRF visit jdrf.org. Click here to read the article and view team photos from the event.