COVID-19 Update

Dear Clients, Colleagues, and Friends:

Our Firm’s main goal is to keep our employees and community safe while being responsive to our clients.

For the past several days, we have all been navigating the quickly-evolving landscape caused by COVID-19. We are monitoring all updates and following the health recommendations provided by the CDC, as well as our local and state officials.

Effective immediately, all Firm offices will be operating on a virtual basis until further notice. We are limiting office visits to employees only, and will be fully available via phone and email during the regular work hours. Contact information for individual attorneys, including direct dial numbers, may be found on our Professionals page. Our receptionist/front-desk office phone lines will continue to be available for calls during the hours of 9:00 a.m. to 3:00 p.m.

We will of course keep in contact with clients about ongoing and new matters.

With all good wishes,

Walsh, Colucci, Lubeley & Walsh

Erin Moore Thiebert Named Shareholder

Walsh, Colucci, Lubeley & Walsh is pleased to announce that real estate transactions attorney Erin Moore Thiebert has been named a shareholder of the Firm effective January 1, 2020.

Erin is recognized as a leader in real estate law and of her community. She is a dedicated member and former president of the Northern Virginia Building Industry Association’s (NVBIA) Women in the Building Industry Committee (WBI). WBI’s mission is to promote career advancement and leadership skills of women in the building industry and to ultimately increase the number of women in leadership.

“We are very fortunate to have Erin Thiebert on our team, and it is with great pleasure that we are naming her a shareholder of the Firm,” said managing shareholder Dave Bomgardner.  “Erin combines her knowledge of the development industry with real estate law to provide clients with the expertise needed to deal with complex transactions matters.”

Erin joined the Firm in 2013 to continue her established practice in commercial and residential real estate development transactions. Erin advises her clients in the preparation, negotiation and interpretation of development agreements, purchase and sale contracts, leases, loan documents, and subdivision and easement deeds.  Her assistance includes all aspects of a contract’s timeline, including review of due diligence and title matters, through assistance with closing, and post-closing obligations, including preparation of community association documentation.

Employee Spotlight: Lauren Riley

Lauren Riley first joined the firm in 2017 as a summer associate. She rejoined the Firm in 2019 and works in the Land Use and Zoning practice group in the Arlington office. She primarily focuses on securing zoning and land use entitlements including rezonings, special permits, and special exceptions. Before joining the firm, Lauren worked for the general practice law firm of Walton & Adams, P.C., where she gained valuable experience in eminent domain practice, zoning and land use research, and civil litigation. Lauren earned a Bachelor of Arts Degree from the University of Alabama in 2015, and graduated from William & Mary Law School in 2018 where she was an articles editor for the William & Mary Business Law Review.

While in law school, Lauren was a summer associate for the Firm and for the City of Hampton Attorney’s Office. She also served as a research assistant to Professor Lynda L. Butler, working on global land use and environmental research.

In this month’s Employee Spotlight, we will learn a lot more about Lauren.

Thank you for participating in this month’s Employee Spotlight, Lauren! Tell us a little about yourself — where did you grow up?

I grew up in rural Alabama (next to a farm) until I was ten, when I moved to a suburb of Birmingham, AL.

What did you think you wanted to be when you were younger?

I thought I wanted to be a forensic scientist. I later discovered that I was terrible at math and not much better with science, so then I became more interested in being a lawyer.

What interested you about the legal field, specifically land use law?

In the legal field you get to be creative and use your analytical skill set while also helping people at the same time. Land use is so interesting because it’s a unique subset of law where you are able to work with multiple parties to help create and contribute to vibrant communities.

What aspect of your role do you enjoy the most?

I most enjoy collaborating with my colleagues on any given issue. Being able to come up with creative solutions to land use problems is very rewarding.

Aside from a very busy schedule, what do you like to do for fun outside of work?

I’m a bit of a homebody, so I mostly enjoy hanging out with my family, watching movies and tv. I also like to bake and there’s always a new recipe to try out.

Where have you traveled most recently?

Last September I was able to go on a week-long trip to Keystone, Colorado. We spent most of our time hiking. The Rocky Mountains were beautiful!

What is your favorite show at the moment?

I recently started watching Westworld and have been binge-watching it since. It’s such an interesting show that explores philosophies of consciousness and complex themes about technology and humanity, while being incredibly thrilling and genre-bending at the same time.

Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?

WCL&W is a great place to work because of the community here. Everyone is extremely nice and helpful. They will often drop what they’re doing to answer a question or help you with an issue you’re stuck on.

Thank you, Lauren!

Buying and Selling Nutrient Credits in Virginia

Nutrient Credits

Since the enactment of the Chesapeake Bay Watershed Nutrient Credit Exchange Program in 2005, developers have had the opportunity in certain circumstances to purchase nutrient credits to satisfy state and local stormwater runoff requirements.  This article gives a brief overview of nutrient credits and the implementation of nutrient credit programs.

What are “nutrient credits”?

A “nutrient credit” is a single, quantifiable, and certified unit of improvement to the environment.  Each credit represents a specific amount of absorption of nutrients within a sub-watershed.  Local governments and the Virginia Department of Environmental Quality (“DEQ”) have created nutrient credit programs.  Sellers of nutrient credits obtain certifications from DEQ to protect their lands, known as “nutrient credit banks”, from future development, and in return are able to offer credits for sale to offset the impacts development has on stormwater runoff.

How does purchasing nutrient credits help to preserve the Chesapeake Bay?

Since stormwater runoff contains high levels of phosphorus, proposed developments are required to provide stormwater absorption on the parcel being developed, which must be sufficient to absorb the stormwater runoff affecting the development.  Otherwise, stormwater runoff could flow to various ecosystems within the Chesapeake Bay Watershed, where the high level of nutrients in the stormwater could be detrimental to the ecosystems where they are ultimately absorbed.  For development sites which cannot meet the absorption requirements on-site, the purchase of nutrient credits created pursuant to an approved plan enables a developer to certify to the locality and the DEQ that it is providing alternative measures to preserve the balance of phosphorus and nitrogen within the local sub-watershed.

Where do interested parties obtain nutrient credits?

Regulators require developers to purchase nutrient credits from sellers located within the same sub-watershed as the proposed development.  The DEQ maintains a list of approved nutrient credit sellers, which is revised periodically as nutrient credit banks are created, nutrient credits within a bank are sold, and nutrient credit banks are removed for falling short of regulatory requirements.

How can Walsh, Colucci, Lubeley & Walsh help?

Whether you are intending to purchase or sell nutrient credits, wetlands credits, or stream credits, all of which follow specific regulatory frameworks, you can consult with a member of our transactional team to review the terms of the deal and for compliance with applicable regulations.

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.