Prince William Board of County Supervisors Adopts Resolution in Response to Proffer Reform Bill (Senate Bill 549, Va. Code §15.2-2303.4)

Prince William, VA — The Prince William Board of County Supervisors (BOCS) adopted a resolution on May 17, 2016, in response to the Proffer Reform Bill which takes effect July 1, 2016. The resolution makes significant changes to the County’s current zoning policies and calls for a number of follow-up staff directives. The resolution:

  1. repeals the Policy Guide for Monetary Contributions (i.e., the 2014 “Proffer Guidelines”), which historically provided zoning applicants suggested monetary proffer amounts for residential rezonings (e.g., $44,930 per single-family unit; $39,837 per townhouse unit; and $26,778 per multifamily unit);
  2.  directs County staff to prepare policy proposals “related to mitigating the impacts of proposed residential rezonings and proffer amendments for the Board’s consideration” and to initiate a Comprehensive Plan amendment to review all level of service standards including the capacity of County infrastructure; and
  3.  requires applicants (for cases filed after July 1, 2016) to: (i) identify the proposed impacts of a rezoning or proffer amendment proposal, (ii) propose mitigation strategies addressing the impacts, and (iii) demonstrate how the proposed mitigation is sufficient and consistent with state law.

Applicants will be required to pay new application fees (amounts not yet determined) for the County’s review of the analyses and reports submitted with applications.

While the BOCS resolution will not be publicly available in final form until June 21, a working draft of the resolution can be found by clicking here.

Please direct any questions you may have regarding the BOCS resolution to Pete Dolan or Jay du Von in our Prince William office: (703) 680-4664, pdolan@thelandlawyers.com, or jduvon@thelandlawyers.com.

Six Land Lawyers Named to the 2016 Super Lawyers List

Photograph of Recipients
Source: WCL&W

We are pleased to announce that six attorneys have been named to the 2016 Washington, DC and Virginia Super Lawyers and Rising Stars lists. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of exceptional lawyers who have attained a high degree of peer recognition and professional achievement.

This year, and for the tenth consecutive year, Martin “Art” Walsh (Land Use/Zoning and Real Estate Business), Thomas Colucci (Real Estate Business), and John Foote (Land Use/Zoning and Environmental) appeared on the Washington DC and Virginia Super Lawyers list. Rising Stars include Andrew Painter (Land Use/Zoning), Michael Coughlin (Eminent Domain), and Michael Kalish (Litigation).

Please join us in congratulating our 2016 Super Lawyers and Rising Stars.

Land Lawyer Andrew Painter Honored by Falls Church Chamber of Commerce

Arlington, VA – On April 2, the Falls Church Chamber of Commerce awarded Andrew Painter the 2016 Chamber Appreciation Award at its Annual Awards Gala. Andrew received the award, named for late U.S. Navy Commander Robert A. “Hap” Day, in recognition of his contribution to the Chamber’s recently published Resource Guide for Displaced Businesses.

Over the past year, Andrew has led the effort to draft and lay out the Resource Guide. The publication, which includes input from Falls Church businesses, Chamber members, and City staff, is intended to help local businesses anticipate and successfully navigate business displacement challenges due to condemnation, lease expiration and termination, eviction, rent increases, and redevelopment by owners. It also provides information on best practices between tenants and landowners, contact information for key government agencies and officials, an overview of the redevelopment process, lease negotiation tips, information on finding new space, and a list of permits required for business relocation. To download a copy of the Resource Guide for Displaced Businesses, click here, and visit The Falls Church Chamber of Commerce for additional information.

Andrew, a shareholder with the law firm Walsh, Colucci, Lubeley & Walsh, P.C., specializes in zoning, land use, and commercial development. He has written extensively about the region’s land development history, and received an award from the Virginia Chapter of the American Planning Association for his review of enduring rural landscapes in Fairfax County. Andrew lives in Falls Church with his wife, daughter, and twin sons.

 

Listen in! Tom Colucci’s Success Story

A founding principal of the firm, Tom Colucci, has represented members of the development community in legal matters regarding real estate and commercial business transactions since 1972. Tom has been voted among the “Legal Elite” by Virginia Business magazine, and Law & Politics magazine named him a “Super Lawyer” in Virginia and Washington, D.C. Tom is also active on the Boards of the Virginia Hospital Center and served as a co-chair for Doorways for Women and Families.

Tom Colucci is a success story. His relentless attention to detail and tireless pursuit of his craft has earned him high marks in the field of law, not only from his clients but within the legal community. Tom was invited to talk about his career by the Executive Leaders Radio Program. Hosted by Herb Cohen, a recognized radio personality with a gift for connecting to executives and drawing out their stories of achievement, leadership and career accomplishments, the show is taped at the George Mason University, School of Business.

You can listen to Tom’s interview on Sunday, March 20, at 9:00 a.m. on WFED/1500AM and WWFD/820AM. It will also be streaming at www.federalnewsradio.com. Federal News Radio is  heard throughout the Greater Metropolitan Washington Area. If you miss Sunday’s broadcast, you can tune in on Saturday, March 26, at 7:00 a.m. on BizTalkRadio: www.biztalkradio.com and tunein.com.  You can also access the show on iTunes, and you will find ELR content listed on these podcast sites: Castroller.com, Podbean.com,  and PodcastPickle.com. The show will be archived in April on www.executiveleadersradio.com.

Proffer Reform Bill (Senate Bill 549)

On March 8, 2016, the Proffer Reform Bill (Senate Bill 549) was signed by Governor McAuliffe. As stated in the statute, which will be codified as a new section 15.2-2303.4, the new law is “prospective only and shall not be construed to apply to any application for rezoning filed prior to July 1, 2016, or to any application for a proffer condition amendment amending a rezoning for which the application was filed prior to that date.” To read the full Proffer Reform Bill, please click here.

David Bomgardner Recognized for His Contribution to the Northern Virginia Building Industry Association

Prince William, VA – Earlier this month, at the NVBIA President’s Ball held at the Ritz-Carlton in Tysons Corner, Shareholder Dave Bomgardner was presented The President’s Award. NVBIA’s President, Jerry Berman, delivered the award. In his remarks that evening, Jerry recounted Dave’s “quiet commitment” to the organization and noted that he was a “steadfast member of the executive committee and board for many years.”

Dave works in the firm’s Real Estate and Commercial Business Transactions practice groups in the Prince William office and became involved with NVBIA soon after he joined Walsh, Colucci, Lubeley & Walsh, P.C., in 1987. He chairs the organization’s Legislative Committee and is a Trustee of the NoVa Build PAC, its political action committee. Dave also represents NVBIA as a member of the Legislative Committee of the Home Builders Association of Virginia.

During the award presentation, Jerry called special attention to Dave’s extraordinary contribution of time, talent, and political and personal insight during his tenure, saying his legal expertise is something the association and the building industry appreciate greatly. “He has done a yeoman’s job both up front and behind the scenes,” said Jerry. “NVBIA is very lucky to have Dave on our team.”

Committed to serving the housing industry in the Northern Virginia area, NVBIA was formed to create an economic and political climate within which the building industry is able to effectively meet the demand for affordable, attractive, safe, well-planned, and environmentally sensitive residential and business communities. NVBIA also promotes professional development and recognition through seminars, workshops, and award programs and conducts a full range of educational programs designed to help members achieve desired certifications, gain knowledge about hot new topics, and improve their business practices.

To learn more about Dave’s practice areas and expertise, please visit our website. For information about NVBIA, visit www.nvbia.com.

Virginia Supreme Court Decision Provides Guidance on Conservation Easement Restrictions

Arlington, VA — In an opinion issued today, the Virginia Supreme Court upheld the decision in Wetlands America Trust v. White Cloud Nine Ventures, LP, related to the construction and interpretation of conservation easements in Virginia. Attorneys Andrew Burcher and Michael Kalish of Walsh, Colucci, Lubeley & Walsh, P.C., represented the defendant, White Cloud. This important decision is the first to offer guidance to owners of property subject to a conservation easement on how to construe restrictions on the use of their property.

Consistent with the position taken by Walsh, Colucci, Lubeley & Walsh and its client, the Supreme Court ruled that conservation easements are subject to the same strict interpretation rules as restrictive covenants. The burden lies on those who seek to enforce them, who must show a clear violation of the easement, and any ambiguity is interpreted in favor of the free use of property.

Shareholders Andrew Burcher and Michael Kalish work primarily in the firm’s litigation and commercial business transactions practice. They have represented numerous businesses, non-profits, and individuals in a variety of complex commercial transaction cases, bankruptcies, and corporate matters in state and federal courts in Virginia. For more information about Wetlands v. White Cloud Nine, please contact Andrew Burcher or Mike Kalish at 703.680.4664.