On December 3rd, Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued a nationwide injunction against the Corporate Transparency Act (“CTA”), halting enforcement of the reporting requirements for the time being. The full case can be read HERE.

The injunction, which applies nationwide, halts enforcement of the beneficial ownership reporting requirements, negating the January 1, 2025 deadline. The scope of this injunction means that all reporting companies, as defined under the CTA, are affected by this ruling, not just those within the jurisdiction of the Eastern District of Texas. The injunction will remain in effect until overturned by a higher court or modified in a subsequent proceeding. Walsh, Colucci, Lubeley & Walsh, P.C. will advise about future developments.

This article was authored by Susan L. Truskey. Please contact her or any of our firm’s transactions attorneys with questions or for further information.

On October 22, 2024, the Fairfax County Board of Supervisors approved Peterson Companies’ proffered condition amendment, concept development plan amendment, and final development plan amendment to permit a new multifamily residential building on the 4.37-acre Parkway Woods site in Fair Lakes.  

Located at the intersection of Fair Lakes Parkway and Headquarters Drive, the property formerly housed the three-story Parkway Woods office building, which was constructed in 1987.  

The approval permits redevelopment of the site under two building options designed by project architect DCS Design.  

The first option features an approximately 400,000-square foot steel frame and concrete building with two connected towers containing 380 units served by a predominantly below-grade podium parking garage.  

The second option allows a single 349,479-square foot wood frame building containing 278 units served by an above-grade wrapped garage. 

Development under both options would be LEED-certified and feature high-quality architectural materials.  

The project design team and, in particular, the civil engineers and landscape architects at Urban, Ltd., worked closely with Fairfax County staff on the project’s open space approach and landscaping. As a result, the project will include a series of plazas, seating, trails, and other amenities, as well as preserve a substantial buffer of mature trees along Fair Lakes Parkway.  The project will also substantially exceed requirements for open space, tree canopy target, tree preservation.  

The project will preserve Fair Lakes’ position as a premiere working and living environment and honors the park’s original design intent. It will provide new housing opportunities, drive the demand for commercial uses, and offer future residents direct pedestrian access to nearby retail, services, and amenities.   

The zoning approval follows the Board of Supervisors’ September 10, 2024 adoption of a site-specific amendment to the Comprehensive Plan to allow residential redevelopment as an alternative use for the site. 

Together, the Comprehensive Plan amendment and zoning approvals represent a major step forward in realizing Fairfax County’s longstanding attempts (which first began in 2007) to incentivize redevelopment and help Fair Lakes evolve from a predominantly suburban typology into a more walkable environment with urban residential opportunities.  

Walsh Colucci shareholder Andrew Painter and land use planner Bernard Suchicital assisted Peterson Companies throughout the process.  

The Fairfax County Department of Planning and Development (“DPD”) has released updates to the County’s Site-Specific Plan Amendment (“SSPA”) process. The SSPA process is Fairfax County’s established biennial process where anyone can nominate a property in Fairfax County to be considered for an amendment to the current Comprehensive Plan recommendations for use and density.  

The updates, which were endorsed by the Board of Supervisors at its October 1, 2024 meeting, include a schedule and revised evaluation process for nominations. The updated schedule is as follows: 

• January 2025: A one-month open nomination period commences and concludes. 

• February 2025: DPD staff conducts an initial review of the nominations, followed by Board of Supervisors’ action to accept nominations for the screening phase. 

• March through May 2025: The screening phase commences, comprised of:  

• Community outreach meetings to solicit feedback;  

• Planning Commission workshops to provide recommendation as to whether nominations should be added to the Comprehensive Plan Work Program; and 

• Board of Supervisors’ action item to adopt the 2025 Comprehensive Plan Work Program. 

• May 2025 until completed: An evaluation of the SSPAs on the adopted Work Program, including a prioritization of nominations by tiers. 

DPD staff will publish a nomination eligibility map in advance of the nomination period. Nominations will not be accepted for properties that are part of a current planning study or were part of an adopted Plan amendment within the last two years. Accepted nominations must include specific materials and an acknowledgement of various planning studies applicable to the property.  

Please contact Walsh Colucci’s land use and zoning practice attorneys for more information about the 2025 SSPA open nomination process to discuss a potential nomination, and identify ways to engage with DPD staff and Fairfax County officials. 

A number of Land Lawyers employees grew up in Pittsburgh, and Paralegal Kim Follin happens to be one of them. If it wasn’t for a childhood friend, another Pittsburgh transplant, who suggested she might be happier working with a group of great land use attorneys and planners, Kim might still be working for the FBI. 

Kim moved to Northern Virginia when she was 18 to work in the human resources department at the FBI, a job she describes as “not exciting” and went on to work for a trade association and firms specializing in other aspects of real estate development. If it hadn’t been for the urging of a close childhood friend to apply with The Land Lawyers, Kim’s knack for details while preparing and coordinating land use application packages, affidavits and legal notices might have never been discovered. 

Kim earned both associate and bachelor’s degrees in business and marketing and, although she holds an advanced degree in elementary education, she wouldn’t trade her years working alongside the attorneys and planners in the firm for a classroom. Someday, after she retires, maybe. For today, Kim is content to volunteer with local dog rescues and her church and is a paralegal who is quite fastidious when it comes to preparing land use application packages, affidavits, disclosures, legal notices and proffer signature authority proof.  And that’s not all. 

 

The Land Lawyers: What is your role with the firm? 

Kim Follin: My role is an important part of our land use applications filed on behalf of our clients. I collaborate with the attorneys and planners in our firm regarding their specific application materials needed for land use applications filed in Fairfax County, Arlington County and the City of Alexandria as well as the Town of Herndon and City of Falls Church.  I prepare affidavits, legal notices and proffer signature authority proof in Fairfax County; legal notices and disclosures in Arlington County and legal notices in the City of Alexandria.  All these different jurisdictions each have their own strict timing and requirements and I must be able to work ahead in order to meet our attorneys, planners and clients needs.  I’m also pretty good at finding “old stuff”. 

TLL: What is the most important aspect of your job? 

Kim Follin: Being detail oriented, flexible and a problem solver with the ability to think outside the box. 

TLL: What do you enjoy most about being a paralegal with The Land Lawyers? 

KF: I really enjoy working with our clients, consultants, attorneys and planners, as well as County and City staff.  I like seeing an application from beginning to end, and seeing the end product of the development being built and becoming a viable part of the community. No two days are alike and there’s always a challenge to overcome! 

TLL: You are busy from the time you arrive at work until the time you leave. So, tell us, what do you like to do in your spare time? 

KF: I am a huge Nationals fan and nothing beats watching the Nats pull off a “Curly W.” I am a Steelers fan through and through but do root for the Commanders as long as they are not playing the Steelers. I like to bike, take body pump, long walk my dogs daily and go to the beach.  My husband and I attend a great many music concerts and shows, primarily classic rock but I like a little of everything.  We go on the Rock Legends Cruise each year and really enjoy it. 

TLL: The firm knows how much you love music; what are you listening to right now? 

KF: I listen to mostly classic rock including Foreigner, Outlaws, Blue Oyster Cult, Lynyrd Skynyrd, the Eagles,  Elton John, Devon Allman, and of course the Rolling Stones! And local bands like Jumpin Jupiter, Hollywood Nights, the Ultimate Doors: Tribute to the Doors, and the Legwarmers.  I love rockabilly too! 

TLL: What is the next stop on your travel bucket list? 

KF: I want to go back to Paris and go tour Rome.  I love the history and the culture! 

TLL:  What is your go to office lunch? 

KF: Either a homegrown tomato on multigrain or cucumbers, tomatoes, onions and feta/parmesan!  Yumm. 

TLL: Who inspires you? 

KF: My former mentor Joni continues to inspire me. She is an amazing person who taught me to work hard, be precise, always care, and smile/laugh often. Elizabeth Baker also inspires me – she is smart as can be, a hard worker, always makes time for you, and she always makes you laugh and smile often.  Her laugh is contagious. 

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

KF:  I love working with our group as we are a good team as a whole.  The people who work here are smart, articulate, hardworking, very good at what they do, and have great personalities.  Most all here are very involved in the communities in which they work, participate in charitable causes and events, and truly care about what they do and the people who work for them, and it shows. Many of my colleagues have been here as long as I have, and some a lot longer. 

TLL: Thank you, Kim! 

On September 14, 2024, the Arlington County Board approved Fortis Companies’ proposal to redevelop the approximately one-acre National Science Teachers Association (“NSTA”) site, located between the Courthouse and Rosslyn neighborhoods. 

The site was previously subject to a 4.1 site plan approved in 2005, which permitted a new NSTA headquarters. Fortis purchased the property in 2022 with the intent of redeveloping the site in a way that would redress the deficiency of housing in the County, realize the urban design intent of the County’s various land use policies, and deliver ground floor retail and restaurant opportunities envisioned by the prior plan.  

As approved, the project will replace the existing NSTA office building, Il Radicchio restaurant, and the Rhodeside Grill with a new seven-story, LEED Gold mixed-use residential building with approximately 187 units and 11,948 square feet of ground floor retail. 

  

 

 

 

 

 

 

 

 

 

The architecture of the building, designed by the architecture firm Cooper Carry, honors the recommendations of the Rosslyn-to-Courthouse Urban Design Study with respect to quality materials, step-backs, details, and overall massing. The building also uses quality façade materials that echo elements of Colonial Village, while providing architectural nods to the existing Rhodeside Grill building.  

 

 

 

 

 

 

 

 

 

 

In terms of transportation, the project will provide significant sidewalk upgrades and bicycle facilities around the site. Two existing driveways will be closed, and the project will maintain the existing private alley which will provide vehicular, loading, and pedestrian access to the building and through the block.  

Fortis will reuse the existing below-grade parking garage and provide a $35,860 contribution towards offsite transportation improvements.  

Housing affordability figured prominently into the project, which will provide 10 onsite Committed Affordable Units as well as an affordable housing contribution. Recognizing the need for larger affordable units to house families, Fortis committed to including three of the CAFs as two-bedroom units, and three CAFs as three-bedroom units. 

 

 

 

 

 

 

 

 

 

 

Walsh Colucci shareholder Andrew Painter and associate Lauren Riley assisted Fortis throughout the process, with Andrew providing the presentation at the County Board. 

 

Wendy Alexander provides a legal update on Ryan, LLC v. FTC in relation to her coverage of past rulings.

U.S. District Court for the Northern District of Texas, in Ryan, LLC v. FTC, holds that the U.S. Federal Trade Commission’s rule banning most non-competes is unlawful and orders that the FTC’s non-compete rule will not take effect on September 4, 2024.  As the validity of the FTC’s rule is also playing out in cases in other jurisdictions, split circuit decisions are a likely scenario.  Virginia employers should stay apprised of upcoming developments in the case law, and keep Virginia’s non-compete rule in Va. Code §40.1-28.7:8 regarding “lower wage” workers in mind (which as of January 2024 was defined per the applicable legislation as those making $73,320 or less per year).

 

Michael Coughlin, with the firm’s Eminent Domain Practice Group, and Will Gibson with the firm’s Trust, Estates and Tax practices, presented Adding Value: Tax Treatment of Condemnation Proceeds at the 17^th annual Virginia Eminent Domain Conference presented by CLE International. In this presentation, Michael and Will discussed the nuances and options for clients with respect to deferral of capital gains tax resulting from receipt of condemnation proceeds. Internal Revenue Code Section 1033 is a unique and often underutilized section that allows recipients of condemnation proceeds to reinvest the money received and defer capital gains tax—it is similar in nature to the often used section 1031 exchange, but its guidelines are more favorable to the taxpayer. Will walked attendees through the process of electing a deferral, what qualifies for deferral and the basics of what eminent domain attorneys should know so they can offer informed advice to their clients. Michael presented multiple examples of how knowledge of the exchange process can be a great addition to the service provided to a landowner facing condemnation. He further provided examples of situations a real estate investors, owner/operators and homeowners may face, and what tax treatment different elements of just compensation receive.

To round out the presentation, Walsh Colucci Lubeley & Walsh partnered with Alan Lichtenstein with Fortitude Investment Group who provided great insight regarding the use of Delaware Statutory Trusts (DST) for deferral of gain and shared examples of how clients could benefit from the use of a DST for reinvestment. If you are facing a condemnation proceeding and have questions regarding the tax treatment of money received, please contact Michael Coughlin or Will Gibson.

Arlington County’s Green Building Density Incentive Policy for Site Plans permits additional density for Administrative Regulation 4.1 site plans through commitments to pursue LEED Gold certification or higher. The existing policy was most recently updated by the Arlington County Board on December 12, 2020.

While it was intended that the policy be updated every three-to-five years, the current policy includes an “Automatic Update,” contained in Appendix 3 to the policy, to increase the minimum requirements for energy optimization specified for each level of participation. This update applies to all 4.1 site plans accepted by the County after June 30, 2023.

Projects seeking density under the 0.25 and 0.35 FAR bonus levels must achieve one of the following:

• At least 14 percent performance improvement for LEED version 4.1 EA credit Optimize Energy Performance; OR
• At least 24 percent performance improvement for LEED version 4 EA credit Optimize Energy Performance/Annual Energy Use; OR
• A HERS index of 60 or lower if pursuing LEED version 4.1 Multifamily EA credit Optimize Energy Performance Option 3 HERS index rating; OR
• A HERS index of 60 or lower if pursuing Earthcraft Multifamily certification.

Projects seeking density under the 0.45 FAR and higher FAR bonus levels must achieve one of the following:

• At least 18 percent performance improvement for LEED version 4.1 EA credit Optimize Energy Performance; OR
• At least 28 percent performance improvement for LEED version 4 EA credit Optimize Energy Performance/Annual Energy Use; OR
• A HERS index of 55 or lower if pursuing LEED version 4.1 Multifamily EA credit Optimize Energy Performance Option 3 HERS index rating; OR
• A HERS index of 55 or lower if pursuing Earthcraft Multifamily certification.

For reference, the full policy may be accessed here.

 

 

 

 

 

 

 

 

 

What You’ll Learn at the Future of Arlington County 

• Missing Middle Housing Bill: What does the single-family-only zoning ban, which goes into effect July 1, mean for the county in terms of the housing crisis as well as the expansion of neighborhoods?
• Why are new residents, tenants and businesses being drawn to neighborhoods like Ballston, Clarendon, Rosslyn, National Landing and others? How are developers and investors selecting neighborhoods for their projects? What factors are being considered?
• What is in store for Arlington’s mixed-use development pipeline in terms of bringing in multifamily, retail and other projects? What are current resident and tenant demands and how are developers meeting them while staying within budget?
• How are the challenges of the economic downturn impacting construction and development within NoVa? What solutions have developers and investors come up with to overcome these obstacles?
• How does the county compare to other areas within D.C. and Virginia? What is the area doing differently to stand out from other counties and cities?

How You’ll Do More Commercial Real Estate Business in the Virginia Region: 

As of 2023, Arlington County has a population of 234,000 and continues to grow. As residential developments increase, Virginia has 70% of Committed Affordable Units that are in the planning stages, including Rosslyn-Ballston, Richmond Highway and Columbia Pike. How will the area’s new initiatives and bills benefit Arlington County in terms of affordability, the housing crisis, development and more? How does the region plan to keep up with demand and supply? Join Arlington executives as they discuss their latest project pipeline, economic growth, top neighborhoods, overcoming challenges and more!

Read More