The Land Lawyers Blog

Pentagon Centre Site Plan Given a Thumbs-Up

Posted on by thelandlawyers
Source: WDG Architecture
Source: WDG Architecture

On September 21, 2015, the Arlington County Board approved site plan amendments to the 17-acre Pentagon Centre site in Crystal City. These amendments will allow construction to move forward on the first of three phases in what will likely be a 40-year project.

Phase 1 will include two LEED Silver high-rise residential buildings with a total of 693 units and ground floor retail at the Pentagon City Metro station. On-site affordable dwelling units will be provided in addition to a financial contribution to the County’s Affordable Housing Investment Fund. To ensure the continued success of the existing Costco and Pentagon Centre shopping center, an above-grade garage will be constructed to replace the existing surface parking that will be lost. The garage will include ground-floor retail as well as a “hanging garden” façade equipped with an irrigation system powered by rooftop solar panels. A small public park will be constructed adjacent to the garage to provide some much-needed open space for the site.

The County Board unanimously approved the Phased Development Site Plan and Phase 1 final site plan amendments. Phases 2 and 3 of the project will replace the existing retail and Costco with new office, retail, and hotel buildings in addition to more public park space and a new grid of streets. At full buildout, the development will include more than 1.9 million square feet of gross floor area and more than three acres of public park space.

I-66 HOT Lanes Proposal Receives CTB Approval

Posted on by Michael Coughlin

On October 27, Virginia’s Commonwealth Transportation Board (CTB) voted to approve a preferred alternative for improvements to I-66 from the Beltway to Haymarket. Dubbed the I-66 Outside the Beltway Project, the proposal calls for two high occupancy toll (HOT) lanes alongside three regular lanes in each direction, and a wide median to accommodate future transit options.

The Virginia Department of Transportation and the McAuliffe Administration have also made public the most recent evolution of the plans to transform I-66 inside the Beltway. The current proposal adds tolling to I-66 from the District line to the Beltway in rush hour directions, with cars carrying two or more passengers exempt from the toll. If approved, these plans will add I-66 to the existing tolling infrastructure within Northern Virginia, increasing driving costs for some, while adding capacity to I-66 and a stream of funding for future improvements.

Outside the Beltway

If a picture is worth a thousand words, the graphic below, depicting the proposed cross-section for I-66 from the Beltway to Gainesville, speaks volumes in terms of future transit.

Source: VDOT
Source: VDOT

Three general purpose lanes will run alongside two HOT lanes in each direction, with a median for future transit (possibly the extension of Metro service). At University Boulevard in Gainesville, the HOT lanes, which may become part of the Express Lanes system, will transition to non-tolled HOV lanes to Haymarket, where the Outside the Beltway Project ends. The preferred alternative for the Outside the Beltway Project also includes adding or expanding park-and-ride facilities in these locations:

 

  • Monument Drive/Fairfax Center
  • Manassas (Balls Ford Drive)
  • Gainesville (Cushing Road/Route 234)
  • Gainesville (University Boulevard)
  • Haymarket (TBD)

The project will cost an estimated $2.1 billion. The next major milestone comes in December when the CTB likely will select a funding option. Various types of public-private partnership arrangements are under consideration. Some components of the original concept—extending HOT lanes from Gainesville to Haymarket and rebuilding the Monument Drive and Stringfellow Road interchanges—are being deferred. It is anticipated that a contractor will be selected in the fall of 2016 and a design public hearing will take place in early 2017 with construction starting that year as well. The new lanes are projected to be open to traffic in 2021. Although VDOT and its design team have undertaken efforts to reduce right-of-way effects, some additional right-of-way presumably will be needed to accommodate infrastructure such as new ramps and park-and-ride lots. More information on the Outside the Beltway Project, including detailed maps depicting the proposed improvements, can be found here.

Inside the Beltway

Inside the Beltway, I-66 is currently limited to use by HOV-2 vehicles during peak hours—from 6:30am to 9:00am for eastbound lanes, and from 4:00pm to 6:30pm westbound. Based on information gathered at a series of meetings and other sources, the current plan for I-66 inside the Beltway is to add dynamic tolling only for single occupancy vehicles traveling with rush hour traffic during peak hours (eastbound in the morning and westbound in the afternoon). Vehicles equipped with the proper E-ZPass and with two or more occupants, as well as drivers traveling a reverse commute, would pay no tolls. VDOT has also proposed extending peak traffic hours to 5:30am to 9:30am and 3:00pm to 7:00pm.

The current plan is a toned-down version of the original proposal, which included increasing the vehicle occupancy requirement to three or more passengers to avoid paying a toll and making single occupancy vehicles pay a toll at all times, with the cost increasing or decreasing depending on the level of congestion. The plan all along has been to use tolls collected as a source of funds to add additional lanes or construct other improvements to I-66 from the District line to the Beltway.

One potential consequence is that the addition of tolls will push single occupancy vehicles onto parallel roads, which, VDOT has stated, are currently capable of accommodating increased traffic.  Some of the toll money may also be used to improve the parallel roads as needed. Furthermore, if significant improvement in traffic congestion is not evident five years after implementation of the proposed plan, VDOT has stated it will pursue the widening of I-66 inside the Beltway.

There has been considerable public and political opposition to the addition of tolls on I-66 inside the Beltway. It is possible that the recent changes to the proposal have made the project more effective and that it will continue as currently proposed, with tolling to begin sometime in 2016. For more information about the transformation of I-66 inside the Beltway, visit inside.transform66.org.

Comprehensive Plan Adopted for Timber Ridge at Discovery Square

Posted on by Sara Mariska
Source: Lincoln/EPH Property, Wetland Studies and Solutions, Inc., The EPH Group
Source: Lincoln/EPH Property, Wetland Studies and Solutions, Inc., The EPH Group

On October 20, the Fairfax County Board of Supervisors approved a partial proffered condition amendment to allow for the completion of a residential community known as Timber Ridge at Discovery Square west of Centreville Road and south of McLearen Road in the Sully Magisterial District.  

In 2007, the 67-acre property was approved for approximately 1,200 multifamily dwelling units, 640,600 square feet of office space, and 107,350 square feet of retail. Due to the decline in the residential real estate market, however, the residential portion of the property was not marketable as originally approved. Between 2011 and 2012, a 37-acre portion of the property was purchased at auction and the original approval was modified to reduce the number of residential units to 805 and include a townhouse component. As part of that original phase of development, PHD Associates, LLC, constructed Sully Highlands Park, an approximately 17-acre field complex comprised of five lighted fields that has since been dedicated to the Fairfax County Park Authority. PHD Associates further completed a number of significant transportation improvements, including a north-south connector identified as Air and Space Museum Parkway.

Building on the success of the initial phase, PHD Associates pursued adoption of a Comprehensive Plan amendment to allow for the construction of 150 townhouses in lieu of the originally planned 600,000 square feet of office space on the 19-acre western portion of the site. The October 20 approval will allow for the implementation of this Comprehensive Plan amendment. As part of the approval, PHD Associates will dedicate approximately five acres to Fairfax County to allow for a future community facility and construct 16 three-bedroom townhouses as for-sale affordable housing to fulfill a vital need for family-sized affordable housing units.

Employee Spotlight

Posted on by thelandlawyers
Source: Jessica Pfeiffer
Source: Jessica Pfeiffer

Eileen grew up across the river in Montgomery County and moved to Virginia after graduating from Miami University in Ohio. She planned on pursuing a career in education, but in the late 1970s there were few schools hiring home economics teachers. Eileen returned home, moved to Virginia, and landed a job in retail where she met her husband. They settled in Prince William County and Eileen applied for a job at a law firm. Neither a shareholder nor a Land Lawyer at that point, Jay du Von hired Eileen as his legal assistant. When Jay made the move to Walsh, Colucci, Lubeley & Walsh, he brought Eileen with him. “She is the only assistant I have worked with for the past 30 years,” said Jay. “She’s that good! She has incredible patience and is an asset to the firm.”

When she’s not in the office, Eileen spends quality time with family and friends. She enjoys taking walks and reading and is a great cook. Her favorite pastimes are visiting historical sites and wineries, going to the beach, and attending community events. Eileen also loves to garden but adds this disclaimer: “I don’t have the greenest thumb.” We asked Eileen to tell us a bit more about herself. Here’s what she said.

The Land Lawyers: You’ve worked for Walsh, Colucci, Lubeley & Walsh for a long time and have known Jay even longer.
Eileen Evans: Yes, my twentieth anniversary with the firm is coming up in March. I still work with Jay, but I also work for Mike Lubeley and Marian Harders and am the office manager of the firm’s Prince William office.

TLL: I’d say you’ve cultivated some very long-term relationships then. What keeps you motivated?
EE: The possibility of learning something new each day.

TLL: Do you have a most memorable moment with the firm?
EE: There is always something interesting going on case-wise in our office. It’s hard to pick one in particular.

TLL: Do you have the opportunity to interact with clients during the day and, if so, how?
EE: I do. I have a lot of interaction with the staff from the Counties and Cities where we work because I coordinate the calendars and schedules for Jay, Mike, and Marian. I have direct contact with our clients, who are very busy people and extremely important to us.

TLL: If you could do anything in the world, what would it be?
EE: I’d love to be a professional student!

TLL: What’s your favorite sports team?
EE: The Redskins, despite their trials and tribulations.

TLL: What are your favorite things?
EE: My cats are probably my favorite things. They rule the Evans house!

TLL: If you could travel anywhere in the world (or universe) where would you go?
EE: First on my list is Ireland. My husband and I plan to go sometime soon. Italy is a close second.

TLL: Who do you admire most?
EE: The one person I admire most is Abraham Lincoln, but I also truly admire all of the women who have broken barriers and fought for equality, access to education, and a better life for themselves and their families. Their stories amaze and inspire me.

TLL: Do you have a favorite song?
EE: I am a bit old-school so I love musicals. My all-time favorite song is “People” from “Funny Girl.”

TLL: Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?
EE: It is rather cliché. It’s because of our clients and my co-workers. These are great people to be around! Everyone in the office cares about doing a great job for our clients and understands that by working together we produce the results our clients expect. And, it’s pretty cool to look around Prince William County and see how the work we do has had such a positive effect on the development of this County.

TLL: This may sound cliché as well, but I’d say your career with The Land Lawyers has flourished along with the firm. Congratulations, Eileen!

Historic Landmark to Become Part of the Sunrise Senior Living Community

Posted on by Sara Mariska
Drawing
Source: Sunrise Senior Living

On July 28, the Fairfax County Board of Supervisors approved a rezoning and special exception to allow a new Sunrise Senior Living assisted living facility on the site of the historic Silas Burke House in Burke, Virginia.

Lieutenant Colonel Silas Burke and his wife, Hannah Coffer, built the home in 1824. Burke, an established farmer who served as President of the Fairfax Agricultural Society, was also a successful business executive who operated an inn, a store, grist and lumber mills, a blacksmith shop, and a brickyard. He earned his title by serving in the County militia, but he had a number of other titles over the course of his life including Chief Justice of the Fairfax County Court and Commissioner of Public Buildings and Schools. He was an appraiser and road surveyor. In addition, Silas Burke served as director of the Orange and Alexandria Railroad, a post he filled after donating an easement to the railroad to lay the tracks for what would become Burke’s Station. Today, the Silas Burke House sits prominently on a hill and remains an important landmark in the County. Its value is tied to history and Lieutenant Colonel Burke’s generous donation of land that put Burke, as we know it today, on the map.

The Board approved plans for Sunrise Senior Living to build an estimated 85-unit assisted living and memory care community on the nearly five-acre historic site. The new building will be constructed to the rear of the property to ensure the famous house remains a focal point. Sunrise will preserve the property’s iconic windmill and other outbuildings, and allow the original house to be used by community and school groups. The historic Burke Post Office will also be brought to the site to further add to its historical features.

Sunrise looks forward to establishing a new community on this historic site and serving one of the fastest growing demographics in Fairfax County—the Baby Boomers. You can read more about the proposed community here.

141 Golfers Tee Up for the 18th Annual JDRF Golf Outing

Posted on by thelandlawyers

PictureFor the past 18 years, rain or shine, Art Walsh has hosted a golf outing dedicated to the memory of his late brother, John Walsh, who was diagnosed with type 1 juvenile diabetes at the age of 5. This year, along with emcee Steve Buckhantz, Art welcomed golfers to Westwood Country Club in Vienna to remember John and close family friend Jean Marie Wenk, and to raise money for T1D research. JDRF is the leading global funder of T1D research whose mission is to find a cure for the disease.

The course was in great shape as the golfers hit the links to play the best-ball tournament. Prizes were set for men’s and women’s longest drives, closest to the pin, and the team with the overall lowest score. Jack Taylor’s Alexandria Toyota was at the ready to give away a new Camry to any player who aced the 6th hole. Storm clouds threatened rain for most of the day but even when the skies made good on their promise, no one walked off the course. Or won the car. The event ended in a downpour but the atmosphere inside, at the reception and dinner that followed in the Club’s ballroom overlooking the 18th hole, was warm and dry.

Washington Wizards play-by-play TV announcer Steve Buckhantz was the evening’s emcee and auctioneer. Art and Steve awarded prizes that ranged from an iPad and Nats tickets to restaurant gift cards and rounds of golf at local private courses. Thereafter, Steve put the first auction item up for bid. The competition was friendly, if not fierce, as players and guests in the room bid against colleagues, tablemates, and teammates. Among the auction items was a three-night stay in a golf villa at The Homestead, a Masters flag signed by Fred Couples, and six tickets to the Washington vs. Dallas football game (including limo transportation). With the raffle prizes awarded and auction items sold, there was one last gift to present and that was to JDRF. This year, the event raised $75,500 for T1D research bringing the total the outing has raised over the past 18 years to more than $1.1 million.

On Art’s behalf we’d like to thank our clients, friends, and family who participated in this year’s event and donated generously to JDRF. Online donations to JDRF can be made through the end of this year via the Walsh, Colucci, Lubeley & Walsh fundraising webpage. Contributions are 100% tax-deductible. To learn more about T1D, visit jdrf.org. To view and download team pictures, scroll down to view the images below and right-click on the image. You can also visit our Twitter page to view more pictures taken during the event.

Town of Warrenton Approves Poet’s Walk Memory Care Facility

Posted on by John Foote

Contributing Authors: Jessica Pfeiffer and Christine Gleckner

Picture
Source: Photo courtesy of Silver Companies

Shareholder John Foote and Land Use Planner Jessica Pfeiffer recently worked with Silver Companies on a successful rezoning and special use permit for a new memory care facility in the Town of Warrenton. The applications received final approval by the Town Council in September 2015.

The facility, which will be located on the east side of Blackwell Road, north of the Route 17 Spur, and immediately south of the boundary between the Town and Fauquier County, will consist of 37,500 square feet and have approximately 60 beds. The facility will employ approximately 55 highly trained employees and provide state-of-the-art care.

A memory care facility is a specialized form of assisted living facility exclusively for residents with Alzheimer’s, Parkinson’s, and other forms of dementia and mental impairment. The Silver Companies is aware that 5.5 million people have already been diagnosed with a memory care illness, and the Alzheimer’s Association is predicting that number will double over the next 20 years.

Other Poet’s Walk locations in Spotsylvania, Fredericksburg, and Loudoun Counties are either open or under construction. Land Use Planner Christine Gleckner recently obtained zoning approvals for a 168-bed facility in the Oaklawn mixed-use development in the Town of Leesburg, and Land Use Planner Bill Keefe is currently assisting Silver Companies to gain legislative land use approvals for a Poet’s Walk facility in Loudoun County’s Lansdowne planned community.

Completing Action Items Ensures an Effective, Efficient Process for Estate Planning

Posted on by Charles E. McWilliams, Jr.
Picture
Source: Nongpimmy at FreeDigitalPhotos.net

I recently met with the daughter of one of my estate planning clients. The last time we spoke was more than three years ago when we held an emergency estate planning meeting at the hospital before her mother’s heart surgery. At that point, the family—and doctors—were concerned my client might not make it through the surgery and she wanted to make sure all her estate planning documents were just right before the operation. Fortunately, the surgery went smoothly, recovery went well, and she returned to normality for several years.

After the documents were executed, I provided my client and her daughter a list of “next steps” they needed to complete to ensure all assets would pass according to the terms of the trust agreement that was implemented. To be sure, that list entails a fair amount of work for the client, but it is essential to ensuring the estate administration process goes smoothly. All too often I have families come into my office with documents prepared by another attorney expecting the estate administration to be very simple because they were told that would be the case. Yet, when I examine the binder of estate planning documents and review the decedent’s asset information, I find the family never completed the retitling work the attorney requested. In such a case, at a minimum, the planning they paid the attorney to do was meaningless; at worst, the assets may be distributed in an entirely unintended manner.

When I met my client’s daughter, I found she had followed all of my directions to the letter. All of the pay-on-death and transfer-on-death designations had been added to accounts, separate accounts had been titled in her mother’s trust, and all of the appropriate beneficiary designations had been added to retirement accounts. Even her mother’s car had been retitled in the trust—and that’s a rare occurrence! In this instance, I was able to meet with the daughter for less than an hour, give her some direction on how to distribute the assets, and send her on her way. The entire estate administration process for the daughter took a few days from start to finish, as compared to the year or more it often takes to administer an estate when assets pass through probate.

It does take a lot of time to complete all the retitling the estate planning attorney requests, but it is imperative to ensuring the plan works in nearly all circumstances. This client’s situation is illustrative of exactly how easy it can be when everything is done properly. If you’ve done estate planning in the last few years, please take the time to look at the retitling directions your attorney provided and follow through with them. If you need help with the retitling—or if you haven’t planned at all—please feel free to email me at cmcwilliams@thelandlawyers.com or give me a call so I can work with you to ensure the estate administration process goes as smoothly as possible.

Employee Spotlight

Posted on by thelandlawyers
Picture
Source: Susan Lynch

When she’s not fielding calls, tracking packages (and attorneys), or ordering supplies—in other words, keeping the office operating in tip-top shape—Judy’s is the first face you will see and voice you will hear at Walsh, Colucci, Lubeley & Walsh, P.C.’s Arlington office.  Raising nine children has taught Judy a lot about values and work ethic. The same principles she instilled in her family are the ones she brings to the office every day. “I know that I’m the first person our clients, or potential clients, come in contact with. I make sure they are treated with respect and that they know I understand their needs are important and, often, immediate.”

When Judy isn’t in the office, she enjoys visiting family and rooting for the home team. We asked her to tell us a little more about herself and here’s how she answered this reporter’s questions.

The Land Lawyers: What do you like most about your job?
Judy Wellard: The people. Definitely the people. Especially those who work here, but also the visitors who come through the door and those who call. We work with a diverse group of clients and although I don’t know all of them personally, I know a lot of them by name and if they do come into the office it’s always a pleasure to greet them in person.

TLL: How long have you worked for Walsh, Colucci, Lubeley & Walsh?
JW: Almost 6 years. Since January 2010. Not only do I greet callers and visitors but I also assist the legal secretaries with mailings and I make sure the offices are communicating with each other regarding meeting schedules and shipping and receiving packages.

TLL: Who would you like to have lunch with?
JW: I’m not sure, too many choices.

TLL: If you could travel anywhere in the world (or universe) where would you go?
JW: Australia and New Zealand.

TLL: What’s your favorite sports team?
JW: All the local teams, especially the Nats.

TLL: What was your favorite subject in grade school?
JW: Math and English grammar.

TLL: Coffee or Tea?
JW: Coffee.

TLL: Who do you admire most?
JW: I have two people in mind and they are both from Halifax, Nova Scotia. One was a World War I vet who was completely paralyzed and blind but was still motivated to design buses for other disabled veterans as well as disabled people in general. The other is my cousin. She was born with cerebral palsy and is now in her late 60s. She is fed through a feeding tube, can’t dress herself, and speaks with difficulty, but she has participated in Special Olympics and is able to get out and about, all over the city of Halifax, to church and other places, in her motorized wheelchair which she handles herself. I admire people who never give up in the face of adversity.