Loudoun County Board of Supervisors Approves the New Home of Aston Martin and Bentley

Loudoun County will be the new home of Aston Martin and Bentley in Northern Virginia.  At their December 3rd business meeting, the Loudoun County Board of Supervisors granted approval of the Aston Martin and Bentley of Loudoun rezoning and zoning modification application.  This approval will accommodate the relocation of the Aston Martin and Bentley dealership from Tysons to Loudoun County.  The site is located adjacent to the south side of Route 7, just west of Route 28 and east of the Commonwealth Center, i.e. Top Golf.

The 4.06-acre site will be developed with a 3-story, 42,000 square foot building that will host the Exclusive Automotive Group’s sales and service of Aston Martin and Bentley vehicles.  Prior to the rezoning, the property was subject to a previously approved zoning application from the 1980s that limited the development of the site to primarily office uses.  The site was also subject to overly restrictive building and parking setbacks due to its location in between Route 7 and Russell Branch Parkway.  Due to these setbacks, only 14 percent of the site was available for development.

To remedy these zoning and setback challenges, an application was submitted to change the zoning of the property to the General Business zoning district and to significantly reduce the building and parking setbacks.  The approval of this application will enable the development of the sales and service building as well as its associated parking.  At least 80 parking spaces will be constructed with permeable pavement and the site will include low impact development measures, enhanced landscaping, and an innovative building design.

New Federal Regulations on Overtime Exemptions

The U.S. Department of Labor’s (DOL) long-awaited final rule update for overtime pay goes into effect January 1, 2020, making an estimated additional 1.3 million workers newly eligible for overtime pay according to the DOL. Under the Fair Labor Standards Act (FLSA), the new overtime rule raises the pay threshold for exempt workers to $35,568 per year ($684 per week) from its previous level of $23,660 per year ($455 per week).

Employees must meet at least the minimum salary threshold amount and meet certain duties tests to be exempt from being paid overtime under the FLSA. If either the salary threshold or the duties test are not met, the employee must be paid overtime at 1 ½ times their regular hourly rate for any hours worked in excess of 40 hours in a workweek.

This is the first change to the federal minimum salary threshold for overtime pay since 2004. “For the first time in over 15 years, America’s workers will have an update to overtime regulations that will put overtime pay into the pockets of more than a million working Americans,” acting U.S. Secretary of Labor Patrick Pizzella said in a release. “This rule brings a commonsense approach that offers consistency and certainty for employers as well as clarity and prosperity for American workers.”

In addition to increasing the minimum salary threshold for overtime pay, the DOL’s final rule also: increases the total annual compensation level for a “highly compensated employee” from $100,000 to $107,432 per year; allows companies to use nondiscretionary bonuses, incentive payments and commissions (all paid at least annually) to satisfy up to 10 percent of the standard salary level; and revises special salary levels for workers in U.S. territories and in the movie business.

For assistance with understanding your workforce overtime requirements and additional workforce analysis, contact the employment lawyers at Walsh, Colucci, Lubeley & Walsh, P.C., who can help ensure compliance to avoid costly penalties associated with FLSA back pay claims.

Alexandria City Council Approves the Redevelopment of 1300 and 1310 King Street

On September 14 2019, Alexandria City Council approved a development special use permit application to allow a new mixed-use development on the 1300 block of King Street.

Walsh Colucci land use attorneys Cathy Puskar and Bob Brant guided the applicant, 1300 King, LLC, through the development review process. Cathy and Bob worked with the development team, City staff, and the community to develop a proposal that is consistent with the City’s vision for Upper King Street. The project will include a four story mixed-use building with 31 condominium units and 6,400 square feet of ground floor retail facing King Street. The new building will be integrated with two existing historic buildings at the corner of King Street and South Payne Street, which will be restored and retained for continued retail use. The development will include streetscape improvements along King Street and South Payne Street, will provide 3,400 square feet of rooftop and terrace-level open space, and is characterized by high quality architecture that fits in with the character of Old Town. The significant ground floor retail component of the development will serve as a quality location for new retail and/or restaurant tenants, and will generate additional activity along Upper King Street. The vibrant mixed-use development advances the City’s vision for Old Town, is consistent with the City’s King Street Retail Strategy, and represents another step towards the revitalization of Upper King Street.

Fairfax County Board of Supervisors Approves Isaac Newton Square Redevelopment

Creating a dynamic new mixed-use neighborhood goes to the heart of quality land use planning and creating great communities.

On October 15, 2019, the Fairfax County Board of Supervisors approved the redevelopment of a 32-acre portion of Reston’s Isaac Newton Square. The complex, which is bounded on the south by the Washington & Old Dominion Trail, to the west by Hidden Creek Country Club, and to the east by Wiehle Avenue, was one of Reston’s first major office/industrial developments.

Isaac Newton Square today features several older buildings surrounding a substantial asphalt parking lot ringed with mature willow oak trees. With the arrival of Phase I of the Silver Line and the Wiehle Avenue Metrorail station, the site was included as part of the 2014 Reston Comprehensive Plan Amendment and targeted for substantial redevelopment.

Over the past three years, the park’s owner, Peter Lawrence Companies, alongside their development advisor, MRP Realty, began envisioning a new future for the site. They engaged a design team which included OCULUS Planning and Urban Ltd., and solicited input from citizen groups, Restonians, and Fairfax County staff.

Based upon substantial feedback, the project team set forth a series of design drivers to guide the redevelopment approach. These included fashioning a layout centered around open space corridors and the comprehensive plan’s grid network. There was also a recognition that the “front door” of the project should be focused on the W&OD Trail. The team also considered Reston’s seven “Founding Principles,” created by the late visionary, Robert E. Simon, which embraced concepts such as multi-generational livable communities and the creation of dynamic public realms.

The result is a new community which fulfills the comprehensive plan’s vision for high quality mixed-use redevelopment. The approved plan calls for approximately 2.8 million square feet of new construction, which includes 2,100 residential units, 300 hotel rooms, 260,000 square feet of office space, and nearly 69,000 square feet of retail uses. In accordance with the comprehensive plan’s recommendations, residential uses comprise approximately 88.4 percent of the neighborhood’s total square footage.

A key focus of the proposal was to create meaningful open spaces and provide a framework around the preservation of the site’s mature willow oak trees. The open space plan also provides opportunities for each block to have direct access to nature on what is today, a paved site. An intentional focus was placed on the quality of each open space and the types of activities that are likely to take place within the spaces. They also negotiated with NOVA Parks, the Fairfax County Department of Transportation, and the Fairfax County Park Authority on issues related to pedestrian access to the W&OD Trail, water lines, and design of parks.

The team worked extensively with County staff to develop a variety of streetscape activation, placemaking elements, building architectural requirements, and landscaping enhancements to guide the ways in which individual buildings and blocks may take shape.

The final design includes substantial landscaping and open space which exceeds county requirements. It is anticipated that improvements to the site will mitigate stormwater runoff, enhance the site’s habitat and aesthetic opportunities, and ultimately aid in the reduction of the existing urban “heat island” effect. A unique central east-west environmental “pedestrian livability” spine, known as the “Rain Garden Meander,” will integrate the project’s stormwater management into its open space system and include hardscape pathways, flexible lawn spaces, landscaping with native plants for habitat, shade structures, and seating areas.

A critical element of the neighborhood is the provision of a full-size athletic field at the southern end of the project adjacent to the W&OD Trail. The field will be adjacent to an urban plaza and warm-up field that will be multimodal acceible, help drive local commerce to the project’s retail uses, and transform Isaac Newton Square into a signature location for users of the trail.

The result of the team’s efforts is the creation of reason’s next great neighborhood that complies with all of the planning principles set forth in the comprehensive plan in terms of land use and density, placemaking, open space, and mobility. Andrew Painter led Peter Lawrence Companies and MRP Realty through the approval process.

Arlington County Board Approves Mixed-Use Development to Replace Rosslyn Holiday Inn

At its September 24 public hearing, the Arlington County Board approved Dittmar Company’s proposal for a new five-star 375 key hotel, including 40,000 square feet of conference space, and 502 residential units on the site of the current Holiday Inn in Rosslyn.

Led by Nan Walsh, Managing Partner of Walsh, Colucci, Lubeley & Walsh, the hearing extended into the wee hours of the following day, with approximately 45 speakers ranging from nearby residents, to representatives of the Rosslyn Business Improvement District, and local property owners and developers supporting the project. The proposal included the demolition of the existing hotel in order to accommodate a new 38 story hotel fronting on Ft. Myer Drive, and a 25 story residential building fronting on N. Nash Street. The project included key elements of the 2015 Rosslyn Sector Plan, such as the vacation of 20th Street N, acquisition of Parcel Q along Lee Highway, incorporation of a pedestrian pathway from Ft. Myer to Nash Street, and tapering of heights in order to diversify the Rosslyn skyline.

In her presentation to the County Board, Nan Walsh noted that Dittmar, unlike most applicants, is involved in every facet of building a project like the one proposed by serving as the owner, developer, builder, general contractor and, in the end, the manager of the finished project. She noted that the community benefits package associated with the application is both robust and well balanced. She concluded by emphasizing: “This is an important project for Rosslyn. Dittmar’s project this evening is the first project to come forward under the new 2015 Rosslyn Sector Plan, but it has been 4 years so it is not that new. So we see the project as a catalyst to realizing the vision for Rosslyn as the hotel and conference facility will literally bring hundreds of thousands of visitors each year which will undoubtedly spark development in the area.” The County Board voted unanimously to approve the project.

Lauren Riley Joins The Firm

Lauren Riley rejoins the firm as an Associate for the Land Use & Zoning practice group in the Arlington office. Lauren first joined the firm in 2017 as a summer associate. She most recently worked as an associate attorney for Walton & Adams, P.C., where her practice focused on land use & zoning, contract & business, eminent domain, and civil litigation matters. She is currently a member of the Real Estate, Business, and Young Lawyers sections of the Fairfax Bar Association.

Lauren is a cum laude graduate of William & Mary Law School, where she served as an Articles Editor of the William & Mary Business Law Review. She holds a Bachelor of Arts degree in philosophy and political science from the University of Alabama. Lauren is an only child and was born and raised in Birmingham, Alabama. Lauren follows college football and is an Alabama fan (Roll Tide!). Outside of work, she enjoys exploring D.C.’s museums and watching films (ranging from the critically acclaimed to all things in the Marvel Cinematic Universe). Welcome to the team, Lauren!

Potomac Shores Town Center Approved

Pete Dolan and Jessica Pfeiffer worked with the Potomac Shores team to obtain Prince William County’s approval of a Town Center in Potomac Shores.

Potomac Shores is a community of approximately 1,885 acres located on the Potomac River within the Cherry Hill peninsula in Prince William County. It is a large planned community with residential (approved for up to 3,987 residential units), commercial, an existing Jack Nicklaus Signature golf course, the 30-acre Ali Krieger Sports Complex, recreational amenities, and schools (including an elementary school and new 33-acre middle school). The community also features nearly two miles of shoreline and 1,000 acres of open space. Walsh, Colucci, Lubeley & Walsh originally obtained County approval of a rezoning for the project in 2013. Since that time, home buyer interest has been strong and the Potomac Shores team recently reported the sale of its 1,000th new home in Potomac Shores.

The Town Center special use permit approval allows for changes to the planned Town Center while continuing the basic transit-oriented framework envisioned, with its grid pattern, tree-lined street layout, open spaces, and a proposed VRE station at the heart of the Town Center. The Town Center includes a commercial core with first floor retail and active uses, a variety of residential options (up to 1,833 homes), recreational spaces, and a river walk along the bluff of the Potomac River. The approval also accommodates a hotel with new phasing and design requirements, an elementary school site, and a new central park open space amenity.

The Prince William Board of County Supervisors approved the special use permit amendment unanimously on July 16, 2019. For more information read the Washington Business Journal article.

Arlington County Board Approves the Redevelopment of the Former “Iwo Jima” Best Western Hotel Property

On April 23, 2019, the Arlington County Board approved a site plan amendment and General Land Use Plan amendment to permit the redevelopment of the former “Iwo Jima” Best Western hotel property and the neighboring parcel which currently contains the Ellis Arms Apartments located on the southern edge of Rosslyn. Both the existing hotel and multi-family building will be demolished and replaced with a new 12 story, 160 room hotel and a 10 story, 48 unit residential tower.

Led by Nicholas Cumings, a land use attorney with Walsh Colucci, the development team worked with Arlington County Staff to address the County’s priority goals for the property including green building measures, affordable housing, underground parking, and neighborhood park improvements. The 1.88 acre property is located southwest of the Belvedere Condominiums, which were extremely active in the zoning review process. The result of the site plan review process were recommendations for approval by both the Planning Staff and the Planning Commission, with unanimous approval by the County Board.

Mr. Cumings with Walsh, Colucci, Lubeley & Walsh summarized the application in his remarks to the County Board: “The Witness Group is a family-based company that has over 30 years of experience with hotel investment, development, and management. They have owned this property since 2011. They are a preferred developer and operator with all of the major hotel brand companies including Hilton, Marriott and International Hotel Group, and currently own and operate 30 hotels with 9 hotels in the development and construction pipeline. They will own and operate the proposed hotel and are looking forward to continuing to be a part of the neighborhood for many years.” In closing, he noted, “The process was successful and the resulting project is an excellent one that will be a substantial improvement for this neighborhood, replacing 1950s and 1980s era development with modern buildings including a myriad of benefits for the surrounding community.”

Fairfax County Board of Supervisors Approves The Mile in Tysons

On July 16, 2019, the Fairfax County Board of Supervisors unanimously approved “The Mile,” a 3-million-square-foot mixed-use development that will revamp an existing 38-acre office park a half mile from the Tysons Corner Metro Station. The approval allows PS Business Parks to build 10 new mixed-use buildings across eight new urban blocks of the development. Five of the buildings will be residential with supporting retail and four of the buildings include options for either residential, office or hotel uses, plus retail. The remaining tenth building is a 5,000-square-foot retail kiosk. The approved plans include the option for a 300,000 square foot mini-warehouse or storage facility in one of the residential buildings. These new buildings will join the existing Highgate luxury apartments along Jones Branch Road. The County also signed off on a final development plan for The Mile’s first building, Brentford, a seven-story apartment building with 435 units located on Westbranch Drive near the intersection with Westpark Drive. Senior Land Use Planner Elizabeth Baker led the development team through the approval process.

The key design component of The Mile was a series of connected urban parks. 10.5 acres of parks, as envisioned by the County’s conceptual parks plan for Tysons, will be provided. The project’s largest park, Signature Park, will take up almost 5-acres, an entire block along Jones Branch Drive. Signature Park will include a large open lawn area, a performance stage, gaming areas, picnic areas, a children’s play area, a bikeshare station, a one- to two-story food pavilion, and walking, jogging, and biking trails. “It’s a very activated space. It’s designed to be multicultural for adults and children alike,” Baker said. An adjacent 3-acre park will have pickleball courts, yoga lawns, gardens, rock-climbing and water-play areas. “I love the signature park,” said Fairfax County Chairman Sharon Bulova. “It’s really going to be a landmark in Tysons.” PS Business Parks will dedicate the Signature Park to the County but will maintain it as part of their public facility commitment. To meet the need for athletic fields in Tysons, a 330 by 180 foot synthetic turf field will be constructed on the south side of Boone Boulevard near its intersection with Gallows Road.

The project “will really be a lasting achievement in Tysons,” predicted Supervisor Linda Smyth (D-Providence), who moved for the project’s approval.