Richmond Highway Widening Update

VDOT’s project team hosted a Design Public Hearing on March 26th for the Richmond Highway Corridor Improvements project in Fairfax County, thereby reaching a major milestone for the project. VDOT is now able to seek final design endorsement from the Fairfax County Board of Supervisors, and then final design approval from VDOT.

The project will widen Richmond Highway from four to six lanes from Jeff Todd Way to Sherwood Hall Lane, and reserve 56 feet between the travel lanes for the Bus Rapid Transit (BRT) lanes. There are 199 properties impacted by the project improvements, plus 46 businesses and approximately 17 homeowners that may be displaced.

VDOT anticipates beginning the right-of-way acquisition process in late 2019, and has allocated two years to complete the acquisitions. The project has funding for final design, right-of-way acquisition, and utility relocation. Construction on the road improvements is anticipated to begin during the summer of 2023.

The project will be disruptive to existing businesses, property owners, and residents along the corridor; however, VDOT and Fairfax County hope that the project will be transformative to the area and enable the realization of the goals within the County’s Embark Richmond Highway plan.

The firm currently represents over a dozen property owners in connection with the anticipated taking of their property. If you require any assistance in an eminent domain matter, please contact Michael J. Coughlin at mcoughlin@thelandlawyers.com or at 703.680.4664.

Employee Spotlight: Bernie Suchicital

Bogotá, Colombia, 2017

In this month’s Employee Spotlight, we will learn more about the newest addition to the Arlington land use team, Bernard Suchicital.

Bernard “Bernie” Suchicital joined the firm in January as a Land Use Planner in the Arlington office. Prior to joining the firm, he worked as a Senior Land Use Planner with the Planning Division in the Fairfax County Department of Planning & Zoning. With over 14 years of planning experience in the public sector, Bernie served as a community liaison for the county and stakeholder groups, conducted land use planning research, managed the county’s community outreach process to analyze and review comprehensive land use changes, and prepared land use recommendations, staff reports, and public hearing items. Bernie holds a Bachelor’s degree in Public & Urban Affairs from Virginia Tech.

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

I grew up kind of all over the place. Some folks refer to themselves as a “military brat;” I call myself a “university brat.” My parents immigrated to the States from Brazil a few months before my twin brother and I were born in Champaign, Illinois. The long 10-hour flight next to smoking Argentinians (as my mom recalls) was made so that my dad could work on his PhD at the University of Illinois. My elementary school years were spent playing in corn fields, escaping tornados, eating cheese curds, building giant snow forts that would last the whole of winter, and gaining a love affair for Holstein-Friesian cows. My middle school years found my family in Phoenix, Arizona where my dad was doing research at Arizona State University. Word to the wise: the jumping cactus is a real thing, and black widow spiders are the most frightening 4+ appendage creature around. Two weeks before starting high school, we packed up our bags and moved to Blacksburg, Virginia where, you guessed it, my dad can still be found teaching and conducting research at Virginia Tech. I remained in this town that sits on a plateau, in the mountains, next to a river that flows to the north for 10 years before moving to Winchester, Virginia to kick-off my professional planning career as a zoning inspector for Frederick County.

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

Honestly? For the longest time I wanted to be a bus driver. Not a school bus driver (I don’t have that level of patience), but a city bus driver. My family didn’t have a car for the longest time, so the few times my mom took us out (my brother and I were escape artists) it would be by bus. I gained an early appreciation to this giant of the streets, admiring its sleek lines, clean and quiet interior (compared to the school bus), and how it took me through neighborhoods I seldom visited. My childhood dream of driving a 40-foot long bus finally came true during my sophomore year at Virginia Tech when I responded to an ad in the student paper for part-time bus drivers for Blacksburg Transit. If you’re looking for proof, my old work ID badge is on display in my office.

What interested you about the planning field?

I get to play God with people’s land. What got me interested in planning was while growing up, I always watched and observed life and neighborhoods unlike my own unfold before my eyes as we passed through on old or unfamiliar streets. My parents didn’t have the time or resources to take us to many places. So I solved the poor kid’s way of traveling by studying the road atlas to the point of memorization, and I eagerly thumbed through the latest National Geographic Magazine for articles on cities and distant lands. Later in life, I became excited about learning how to change the urban fabric of the community, and how it could potentially better the lives of those who lived/worked there. These days, when asked, I explain to my friends that my job is essentially a mash-up of the game Sim City and the show Parks & Recreation, and now with Ally McBeal mixed in too.

What aspect of your role do you enjoy the most?

Getting to leave my fingerprint in the built environment for generations to come. But mostly being able to engage all of the stakeholders involved to come up with a better vision of tomorrow.

Are you involved with any organizations?

I was involved with WAKA (World Adult Kickball Association) for the first six years here in DC. But life’s responsibilities eventually took hold. So I put away my red rubber balls, flip cup tournament trophies, and emergency office hangover kits in exchange for endless night meetings with the villagers.

Aside from a very busy schedule, what do you do for fun?

I enjoy discovering new wineries, breweries, rooftop bars, and interesting restaurants. I spend a good bit of time with my friends and their kids, a.k.a. my munchkin army. I also spend a good bit of time fantasizing and planning out vacation trips abroad. Anthony Bourdain is my spirit animal.

Name a travel destination you enjoyed the most, and why?

I’ve been to too many places to pick just one. I would say the best beach town I have ever been to is Trindade, southwest of Rio de Janeiro in Brazil. After a 40-minute hike down from the main highway will find you in a beautifully secluded village hemmed in with steep tropical forest mountains on one side, and multiple small bays with clean beaches, natural swimming pools, and water slides through caves carved out by mountain streams. I stayed at an awesome crunchy granola hippie hostel above the village, operated by a friendly couple from Montreal.

The most beautiful place I could have ever gotten pneumonia was somewhere on the far northern coastline of Scotland. This is where I also discovered a new love with the Highland Cattle.

Best wine experiences were in Porto, Portugal, and Santiago, Chile.

What’s the one thing about you few people know?

Compared to my identical twin brother, I am the cute one.

Words to live by — what are yours?

Eat well, and travel often.

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

I was told that there would be weekly free Taco Tuesdays provided by the office. I’m eagerly waiting for this to happen. Until then, I really enjoy that this office has a family-like atmosphere here. Everyone is always out to make sure that we’re all doing a great job.

Thank you, Bernie!

 

9 Questions for Nan Walsh: A Q&A with Our Managing Shareholder

Earlier this year, Nan Walsh was interviewed by Virginia Lawyers Weekly magazine for their 2019 Influential Women of the Law publication. Read the Q&A below to learn more about our managing shareholder, Nan Walsh.

One of the go-to land use lawyers in Arlington County, Nan has successfully forged compromises to balance the needs of the community and her clients to get approvals for developments ranging from high-rises to schools to small businesses. 

LOOKING BACK:
I lived over two years in Amsterdam during first and second grades and then grew up in Princeton, New Jersey. Growing up in Princeton, which is considered the ultimate “urban village,” has definitely affected my view of the quality of developments proposed by my clients. That is, the bar is high.

FIRST JOB:
My first job was shucking scallops in Menemsha, a small fishing community on Martha’s Vineyard. The incredible work ethic of those who worked beside me in order to financially support their families was both humbling and inspirational to me.

AN IMPORTANT MENTOR:
My best friend’s father was a professor at Princeton University who headed the math department and he had a huge influence on me while I was growing up. He influenced my view of the world through the eyes of a scientist, which ultimately resulted in my majoring in math in college.

ADVICE FOR NEW LAWYERS:
Work hard, work harder than anyone else. Set the bar high. Be prepared, be over prepared. Be a team player. Keep your head down and represent your clients to the best of your ability, and everything else will fall into place. Finally, if you make a mistake, let the client know immediately and have a plan to fix it.

I ENJOY LAW BECAUSE:
My area of practice is land use and zoning. No two cases are ever the same. The diversity is so interesting and fun. My representation ranges from small day care operators, to churches, to hospitals and also includes mixed use two million square foot developments. Land use also draws on a number of skills, including advocacy, oral argument, lobbying, and detailed research and writing. Finally, it is not an office practice and involves many meetings and public hearings, which makes my job always stimulating and interesting.

SEEKING BALANCE:
I think it is very important to make sure that you do not only work. I have two primary hobbies. One is to always be involved in sports, since I love to work out — run, hike, practice yoga, and swim. I work out every day and I never miss. My second hobby is that I love to cook and I do a lot of it.

GUILTY PLEASURE:
I built myself a 44-ft long salt water pool and I swim in it every day, weather permitting. 

FAVORITE GETAWAY:
Our house in Florida.

YOU DON’T KNOW:
I am very outgoing so it would surprise many people to know that I am a homebody. Also, I love to gamble — but that may not be a surprise given my specialty area in law!

 

Source: Fletcher, Paul. “Nan Walsh.” Virginia Lawyers Weekly: Influential Women of the Law, 18 Feb. 2019, p. 30B.

Fairfax Supervisors Approve 420-unit Mixed-use Project in Tysons

InsideNOVA reported on the recently approved 420-unit “Hanover Tysons” mixed-use project which was guided through the approval process by Senior Land Use Planner Elizabeth Baker.

[EXCERPT]

Fairfax Supervisors OK 420-unit Mixed-use Project in Tysons

Tysons will receive yet another new batch of residential units, following the Board of Supervisors’ unanimous approval March 19 of a 420-unit mixed-used redevelopment project. 1500 Westbranch Holdings LLC will build up to that many units on 5.86 acres near Jones Branch and Westbranch drives. “For Tysons, this is a relatively small application – one building, 420 units – but it does provide a number of community benefits,” said Elizabeth Baker, an attorney representing the applicant. Read more

Emergency Legislation Passed in Response to the Virginia Supreme Court’s Decision in The Game Place

On February 13, 2019, Governor Northam signed into law legislation that eliminates the potential adverse consequences of the Virginia Supreme Court’s 2018 decision in The Game Place, L.L.C. v. Fredericksburg 35, LLC and that should have landlords and tenants breathing a sigh of relief. In that case, the Court held that a lease for a term longer than 5 years must be sealed or in the form of a deed in order to comply with Virginia’s Statute of Conveyances (Virginia Code § 55-2). A lease that did not comply with that statue could be repudiated by either the landlord or tenant, regardless of how long the parties had operated under the mistaken belief that their written lease was valid, creating an implied tenancy based on the manner in which rent was received (usually a month-to-month tenancy). The Court’s decision sent landlords and tenants scrambling to review their leases to determine whether they complied with the Statute of Conveyances. In many cases, they did not and parties began negotiating lease amendments to resolve the issue.

Legislation was introduced this year to address the consequences of The Game Place decision. The new law amends several provisions of the Virginia Code, including the Statute of Conveyances, and eliminates the need for a lease for more than 5 years to be sealed or in the form of a deed. The law applies not only to new leases, but also to existing leases that had not been repudiated by either party. If an existing noncompliant lease had not yet been repudiated by either the landlord or tenant, they have likely lost their ability to do so under the new law. Because of the number of leases potentially affected by the Court’s decision, the General Assembly concluded that an emergency existed and made the law effective immediately upon the Governor’s signature.

If you have any questions regarding the legislation and its impact on a specific lease, please contact Matt Westover at (703) 680-4664.

The full text of House Bill 2287 can be found here.

WaterWalk Corporate Lodging Facility Approved in Loudoun County

Loudoun County’s growing corporate presence has drawn the attention of an innovative new lodging company known as WaterWalk, which owns and operates a version of an extended stay hotel known as a corporate lodging facility. With the assistance of Walsh Colucci, WaterWalk recently gained approval of a special exception application to accommodate a 153-room, four-story corporate lodging facility on a 5.49-acre property within Commonwealth Center abutting Route 7 and Russell Branch Parkway. The property is located within walking distance of One Loudoun.

As a growing brand, WaterWalk is focusing its efforts in areas with high concentrations of corporate headquarters/Class “A” office markets, high relocation rates, and technical training – all of which require longer stays. As Loudoun County’s economy continues to add corporate workers throughout many diversified types of businesses, demand has increased for newer extended stay hotel concepts which combine the amenities of apartment living and the economics of an extended-stay hotel into one facility.

WaterWalk is composed of silver and gold packages that operate as one facility. The silver package is priced on a monthly basis and includes one, two, or three bedroom units which include all utilities, internet, local phone, gym membership, trash service, and television service. The gold package is priced on a daily basis and includes every item in the silver package plus a custom furniture and sleep package, kitchen, customized breakfast options delivered weekly, full service housekeeping, and access to a lounge that is open 24 hours a day.

The WaterWalk concept provides an alternative to the traditional model of corporate lodging – that is, where companies lease apartments, furnish them, and rent them to employees in order to control inventory. It is anticipated that companies using WaterWalk for their corporate lodging needs will find an added level of convenience and quality over other corporate lodging alternatives. This includes a national sales team and full support staff that are accessible and available on-site 24-hours a day for any guest needs, increased flexibility in lengths of stay, competitive pricing, and premier safety and security measures.

Recent Approvals in Prince William County

Learn about two recent approvals in Prince William County — a 56 executive-style home rezoning in the Brentsville Magisterial district, and a special use permit approval for the Mountcastle Turch Funeral Home.

Woodborne Preserve Rezoning

Pete Dolan and Jessica Pfeiffer worked with Equinox Investments on this rezoning from A-1, Agricultural, to SR-1, Semi-Rural Residential Cluster in the Brentsville Magisterial District. The rezoning allows for 56 homes to be constructed. The property, which is approximately 88 acres, is located along Thoroughfare Road between its intersections with Route 15 and Old Carolina Road. The proposal includes significant transportation improvements to Thoroughfare Road which, in parts, is a gravel road today. Other improvements which will prove to be a significant benefit to the community include a large conservation area encompassing nearly 40% of the site (34.2 acres), and more than a mile of trails and sidewalk connections both on-site and off-site. These amenities will continue the theme of environmental protection and public enjoyment along this western corridor of the County.

The Prince William Board of County Supervisors approved the rezoning on February 12, 2019. Numerous adjacent property owners, community members and Thoroughfare Road residents spoke in support of the rezoning.

Mountcastle Turch Special Use Permit Approval

Jonelle Cameron and Marian Harders worked with Mountcastle Turch Funeral Home and Crematory, Inc. (“Mountcastle Turch”) to obtain a special use permit to add a crematory to their Occoquan Road facility in Prince William County. Mountcastle Turch has been in operation at their Occoquan Road facility since 1963. Mountcastle Turch also operates a facility on Dale Boulevard which has handled the cremation services for both locations. Until recently, the Applicant only needed one crematory for both locations. However, the crematory services portion of the business has increased in the last few years. In fact, cremation is currently over 40% of the business.

On January 22, 2019, the Prince William Board of County Supervisors approved the special use permit. Approval of this special use permit application at the Occoquan Road location will allow for the Applicant to not only stay relevant in the cremation business but, more importantly, allow the Applicant to continue providing cremation services in the Prince William community.

Alexandria City Council Approves Redevelopment of the WMATA Bus Barn

On February 23, 2019, Alexandria City Council approved an application submitted by Trammell Crow Residential to allow the long-anticipated redevelopment of the WMATA Bus Barn located at 600 N. Royal Street.

Land Use attorneys Cathy Puskar and Bob Brant guided the Development Special Use Permit application through the development review process, coordinating with the development team, negotiating with City staff, and conducting significant community outreach.  The approval will allow the development of a 287 unit multifamily building located in the heart of Old Town North.  Cathy and Bob worked closely with the project design team and staff to ensure that the building is in alignment with the recently adopted Old Town North Small Area Plan (SAP) and the Old Town North Urban Design Standards and Guidelines, ultimately receiving the endorsement of the City’s Urban Design Advisory Committee.  The development will replace the aging industrial Bus Barn and surface parking lot with a vibrant residential building that is compatible with the surrounding neighborhood and consistent with the vision of the SAP.

The project will provide a number of benefits to the City, including the provision of twelve on-site affordable dwelling units, monetary contributions to the City’s Housing Trust Fund and Old Town North Streetscape and Open Space Fund, streetscape improvements and the implementation of “Green Streets” as recommended by the SAP, and the addition of at-grade open space.  This approval represents the culmination of nearly five years of community-driven planning for the Bus Barn, and is yet another step towards the transformation of Old Town North.

 

Matt Westover Sworn in to United States Supreme Court Bar

Congratulations to our very own Matt Westover who was sworn in as a member of the Bar of the United States Supreme Court earlier this month on a motion made by fellow Shareholder John Foote. Admission to the bar allows attorneys to, among other things, practice before the nation’s highest court. Admission is limited to attorneys who have been admitted to practice in a state’s highest court for at least three years and are in good standing with that court, were not the subject of any adverse disciplinary action during that period, appear to the Court to be of good moral and professional character, and are sponsored by two other members of the Bar of the Court.