Click here for link to the August 3, 2016 Chantilly Connection.
Firm News
Andrew Painter Appointed to Reston Chamber’s Board of Directors
Reston, VA – June 30, 2016 Andrew Painter has been appointed to the Board of Directors of the Greater Reston Chamber of Commerce. While on the Board, he will work to advance the chamber’s mission to support business growth and entrepreneurship, and advocate for chamber positions on critical business and land use issues.
With more than 670 members, the Reston Chamber is the premier voice of business in northern Fairfax County. The organization includes numerous major corporations and engages in business development opportunities, issues of public policy, community education, and philanthropy.
Andrew has been a member of the Chamber’s Public Policy Committee for the past several years. Click here to read Andrew’s bio and here to learn more about the Reston Chamber.
Loudoun County Board of Supervisors Approves Motion in Response to Proffer Reform Bill
Leesburg, VA — The Loudoun County Board of Supervisors approved a motion on June 7, 2016, in response to the Proffer Reform Bill (Senate Bill 549, Va. Code Ann. § 15.2-2303.4), which takes effect July 1, 2016. The motion directs staff to return to the Board’s June 23 business meeting with the following three resolutions for action:
A resolution to initiate a small area plan with boundaries that encompass the Suburban Policy Area and the County’s two Metrorail stations;
A resolution to amend relevant sections of the Revised 1993 Loudoun County Zoning Ordinance affected by the Proffer Reform Bill; and
A resolution proposing an interim approach to processing new residential rezonings filed after July 1 but prior to the adoption of the anticipated small area plan and zoning ordinance changes under Numbers 1 and 2 above.
The Board’s action follows two information-gathering meetings initiated by its Transportation and Land Use Committee Chair Suzanne M. Volpe, and attended by local land use practitioners, to discuss the Proffer Reform Bill’s effect on the County’s rezoning process.
Per the Board’s June 7 action, the County’s preferred approach is to exempt from the Proffer Reform Bill all rezoning applications in the Suburban Policy Area by using one of the bill’s three permitted exemptions under Va. Code Ann. § 15.2-2303.4(E). Subsection 2 of that provision exempts residential rezonings located “… in an approved small area comprehensive plan that encompasses an existing or planned Metrorail station, or is adjacent to a Metrorail station located in a neighboring locality, and allows additional density within the vicinity of such existing or planned station.”
Staff will return on June 23 with the proposed resolutions. If the resolutions are adopted, staff will move forward with a communications plan to advise the public of the County’s approach and a time line to administer the new legislation.
A copy of the Board’s motion and summary may be accessed online here.
Please direct any questions you have regarding the Board’s resolution to Andrew Painter or Randy Minchew in our Loudoun Office at 703.737.3633 or apainter@thelandlawyers.com.
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:
- 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);
- 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
- 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.
Attorney Andrew Painter Says Reston’s Tallest Office Building Will Define Reston Parkway
Six Land Lawyers Named to the 2016 Super Lawyers List
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.
