Changes are coming to Arlington County’s public meeting processes and Temporary Outdoor Seating Permits in the coming months:

Return of In-Person/Hybrid Meetings

The Arlington County Local Emergency Declaration (the “Emergency Declaration”), which was adopted by the County Board at the onset of the Covid-19 pandemic in March 2020, formally ended on August 15, 2022. The Declaration allowed the County to shift to virtual operations, including holding remote County Board commissions and advisory group meetings, such as those of the Site Plan Review Committee, the Planning Commission, and the Board of Zoning Appeals. A new statewide Virginia Electronic Meeting Policy took effect on September 1, 2022, which limits those instances in which virtual meetings may occur. The policy also prescribes procedures that must be followed when a public body holds an all-virtual public meeting and requires that a written policy governing such meetings be adopted by each locality.

Under the policy, public bodies may hold virtual meetings twice annually, or 25 percent of all meetings, whichever is greater. The policy further allows for remote participation by the public and individual commission/advisory group members by exception.

As a result, Arlington County’s myriad public bodies (as well as those of other jurisdictions across the Commonwealth) will likely be switching to a hybrid or in-person meeting format in the coming months.

Details for such protocol changes continue to evolve. In some instances, public bodies may limit in-person participation to the minimum necessary to achieve a quorum. In other instances, representatives of land use applicants may be invited in-person, with other design team professionals participating remotely. It is yet to be determined how the public will participate.

Recent SPRC meetings have been held in a hybrid format, with some SPRC members and applicant representatives attending in-person, while others attend virtually. Applicants are encouraged to work with their respective project planner on meeting format and attendance to ensure a smooth meeting process.

The scope of these changes will most assuredly vary depending upon the type of board, authority, or commission. As Arlington County transitions to new in-person and hybrid meeting formats, future attendees should assume flexibility and be prepared to adapt to the new expectations.

Temporary Outdoor Seating Area Permits

The Emergency Declaration created an expedited process for temporary outdoor seating areas (“TOSAs”), which allowed existing restaurants, bars, and cafes with valid Certificates of Occupancy to provide non-rooftop outdoor seating through an expedited application process. TOSAs proved extremely popular and afforded restaurants the ability to offer a safer dining experience to make up for reduced indoor seating capacity.

The County also continues to accept and process TOSA applications, and TOSA permits will remain valid until six months after the August 22^nd end of the Local Emergency Declaration, or until February 15, 2023. Staff anticipates notifying all valid TOSA permit holders of any updates or changes to the TOSA policy prior to their expiration date.

As a result, the County has signaled a return to its pre-pandemic process for restaurants to apply for permanent outdoor seating. Depending upon the location of the outdoor seating area, this process may include, but not be limited to, use permit approvals for seating areas within public access easements or public property, minor site plan amendments, encroachments, administrative change requests, and applications for temporary structures/tents.

The County recently commenced a “Future of Outdoor Dining” (FOOD) study to evaluate the future of outdoor dining and the lessons learned from TOSAs under the framework of the Zoning Ordinance. More information may be found here.

The County Manager will provide an update to the County Board regarding the FOOD study in November, and the County has created a survey for feedback, which may be found here.

Joanna Thomas joined the firm in 2021 as a Litigation Associate for the Prince William office. Prior to joining the firm, Joanna worked as a Student Attorney for the Community Legal Practice Center in Lexington, Virginia. As a Student Attorney, she litigated civil disputes representing low-income individuals in the local community. She also worked as a Summer Associate for a litigation law firm in Fairfax County, and has interned for the Virginia Office of the Attorney General and the Honorable George D. Varoutsos, Chief Judge of the Arlington County Juvenile and Domestic Relations Court. Joanna is a graduate of Washington and Lee University School of Law. She obtained a Bachelor’s degree in Public Policy and Government from the University of Virginia.

This month the spotlight is on the Litigation team’s newest member, Joanna Thomas.

Tell us a little about yourself — where did you grow up?

I grew up in Falls Church and McLean, Virginia.

What did you want to be when you were younger?

When I was younger, I wanted to be an astronaut. I loved learning about the solar system. I even remember interviewing a NASA scientist for a third grade class project. Later on, my career path interest began to shift towards the legal field.

What aspect of your role do you enjoy the most?

I enjoy learning each client’s unique story and, as a litigator, working to advocate for our client’s interests whether through negotiation with other counsel or through written and oral argument in court.

Words of advice for aspiring lawyers?

In general, for anyone pursuing a legal career, I would say work hard and be perseverant. Resilience is key.

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

I love traveling, cooking, cheering on the Hoos (wahoowa!), spending time with family and friends, and volunteering through my church’s community service initiatives.

What is one thing about you few people know?

I think crushed red pepper makes almost all food taste better. I put it on everything.

Favorite place(s) to travel to?

London. “When a man is tired of London, he is tired of life; for there is in London all that life can afford.”- Samuel Johnson

Favorite book?

Pride and Prejudice.

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

As an attorney in the early phase of my career, I am so appreciative of how willing people are to answer questions. Everyone’s door is always open.

Thank you, Joanna!

On June 6, Walsh, Colucci, Lubeley & Walsh, P.C. lost a beloved member of its family, Martin D. “Art” Walsh.

A founder and leader of the firm, Art was viewed as the go-to zoning attorney in Arlington County and Fairfax County. He helped build Walsh Colucci into a regional land use law powerhouse and his work reshaped much of Northern Virginia’s skyline. Over the years, Art represented large and small clients involved with some of the most important commercial real estate development projects in the region.

Art grew up in Arlington County’s Lyon Village neighborhood, and attended Bishop O’Connell High School where he played basketball and baseball. He went on to earn his bachelor’s degree from the College of William & Mary, and subsequently served as an officer in the United States Army between 1967 and 1969, and the Army Reserves between 1969 and 1976. In 1969, he received the Army Commendation Medal, which is awarded for sustained acts of heroism or meritorious service.

In 1973, Art earned his law degree from the College of William & Mary’s Marshall-Wythe School of Law where he served as the President of the Student Bar Association. He was committed to giving back to his beloved alma mater, and conducted various presentations on zoning, land use, and commercial real estate at the law school. The law school awarded Art the honorary Order of Coif Faculty Award and, in 2015, he was awarded the coveted Alumni Medallion Award, which is the highest and most prestigious award given by the William & Mary Alumni Association. During the Alumni Medallion Award ceremony, Art noted, “My parents inspired me and my brothers and sisters to have faith, work hard and be humble. It is that legacy that we all try to honor on a daily basis.”

Of his many accomplishments, Art was most proud of the firm’s success, which he began with four friends. While many thought it was too risky at the time, Art relied on a combination of hard work, good fortune, and wonderful clients to ensure the firm’s success. Art was consistently recognized as a top land use attorney in publications such as Super Lawyers, Best Lawyers, Chambers, Martindale-Hubbell, Washingtonian magazine, Forbes magazine, Legal Times magazine, Law and Politics magazine, and Arlington Magazine. His commitment to integrity, generosity, and congeniality shaped the personality of the firm and its professionals.

Outside of his law practice, Art contributed to numerous philanthropic causes. For the past 23 years, he hosted an annual golf outing to raise money for the Juvenile Diabetes Research Foundation (JDRF), the world’s leading global organization funding type 1 diabetes (T1D) research. The fundraiser pays tribute to Art’s brother John, who was diagnosed with T1D at age 11 and passed away in 2000 due to complications from the disease. Art described the golf outing as a great way to honor his brother, reconnect with colleagues and clients, and contribute to JDRF. In 2016, Art received the Rapaport Lifetime Service Award, which recognized his tireless efforts in raising more than $1.5 million over the years for JDRF.

Art was a loving husband to his wife, Nan Walsh, and a loving father to his children, Ada-Marie Aman and Sarah-Nell Walsh. He will be remembered for his tremendous sense of humor and congenial personality, his generous nature, and for caring deeply for his friends and colleagues, many of whom are proud to call him a mentor.

Art will be deeply missed as both a friend, leader, and colleague. His passing is an immense loss to all who knew him, and the firm asks that you keep your thoughts and prayers with Art’s family during this difficult time.

We are pleased to announce that three lawyers have been selected as Virginia Super Lawyers.

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On February 22, 2022, the Fairfax County Board of Supervisors approved a rezoning of approximately 7.44 acres on Richmond Highway between Shields Avenue and Quander Road in the Mount Vernon District.  The Board’s action resulted in the first rezoning approval on the Richmond Highway Corridor consistent with the recommendations of the Embark Richmond Highway Study that was adopted on March 20, 2018.

Embark Richmond Highway was a multi-year study focused on creating development opportunities along the Richmond Highway Corridor in anticipation of the construction of bus rapid transit (BRT) facilities.  BRT is a public transportation system designed to be fast, reliable, and more convenient than traditional bus service.  BRT will operate within a dedicated travelway on Richmond Highway.  Fairfax County plans to construct nine BRT stations along the Richmond Highway Corridor in two sections.  The planned system will connect major employment centers, shopping centers, and residential communities.  Recently branded as “The One”, construction of the BRT could begin as early as 2025 and is expected to take about three to four years to complete.

The Comprehensive Plan envisions additional residential density in designated Community Business Centers to support the BRT.

Prior to the processing of the recent application, the property that comprises Alexandria Crossing was the subject of many discussions for development.  Located within the Penn Daw Community Business Center, the property represented an important opportunity to implement the Embark Study vision.  LMC Alexandria Crossing Holdings LLC, a part of Lennar’s multi-family division, was able to consolidate 16 separate parcels, most of which were owned for years by the Fenton family.  The rezoning from the R-4, C-6 and C-8 Districts to the PRM (Planned Residential-Mixed Use) allows for the development of a mix of residential uses consistent with the recommendations of the Comprehensive Plan.

Alexandria Crossing is comprised of a six to seven story multi-family building proximate to Richmond Highway with up to 385 dwelling units.  A structured parking garage to serve the residents is located behind the building and well screened.  The multi-family building transitions from Richmond Highway to 23 four-story stacked townhomes, each with two units, then to 35 traditional townhomes that are proximate to existing residential development to the south.  The 466 residential dwelling units, that result in a 2.5 FAR, will be constructed in phases and create a new residential community.  Important elements of the community include pedestrian connectivity, quality architecture, a grid of streets, and a creative approach to public open spaces for residents and the surrounding area.  A linear park extends from Quander Road to the western boundary of the property and provides seating areas, lawn and other elements to encourage informal play activities.  A central green is located at the terminus of the street that accesses Richmond Highway and serves as a focal point for community gatherings.  Smaller open spaces, such as a pocket park with a pollinator garden, are incorporated into the layout.  The community is consistent with the urban design recommended by the Comprehensive Plan, and is within a ¼ of a mile from the planned Penn Daw BRT station.

The Board’s approval of Alexandria Crossing is an important step in implementing the recommendations of the Plan adopted with the Embark Study, and ensuring the success of the planned BRT system.  It is anticipated that the approval will serve as a catalyst for additional development along the Richmond Highway Corridor.  Alexandria Crossing was supported by the Mount Vernon Council of Citizens’ Association and other communities in the area.

Michael, an experienced litigation attorney, leads the firm’s Eminent Domain Practice Group. In eminent domain matters, Michael represents only property owners and businesses with just compensation and lost profit claims. He assists his eminent domain clients from the beginning of the condemnation process through trial, if necessary. His other litigation experience includes land use disputes with local governments, contract and administrative disputes with government agencies, easement and title disputes, and complex construction disputes. Michael regularly lectures on eminent domain and land use topics, and has been recognized as one of Virginia’s Super Lawyers in the field of Eminent Domain.

In this month’s Employee Spotlight, we will learn a lot more about land lawyer Mike Coughlin.

Tell us a little about yourself — where did you grow up?

I grew up in Lansing, IL, which is south of Chicago. I saw the Bears win the NFC Championship in Soldier Field before they won Super Bowl XX. I saw Michael Jordon dunk in his final year with the Bulls with George Wentz (Norm from Cheers) sitting behind me. Chicago, its sports teams (Go Cubs Go), its food, and the great people of Chicago (especially my family and friends) shaped much of who I am today.

What did you want to be when you were younger?

I wanted to be a dermatologist because my friend’s dad was a dermatologist, and they had a home theater with a laserdisc player and an elevator in their home. My biology class freshman year of college convinced me that becoming a doctor was going to be too much work.

What aspect of your role do you enjoy the most?

I started our firm’s eminent domain practice group because I saw an opportunity to grow a business within the firm. What I have learned to enjoy more than the business or legal side of the practice is helping people get through a very difficult time. No one wants any of their land taken, let alone their house taken. I am glad that I can help people navigate through this difficult process.

Words of advice for aspiring land lawyers?

Everyone should take the time to get to know the person on the other side of the case, or their client, before diving into the matter at-hand. Become friends with everyone.

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

I enjoy coaching youth sports, especially baseball. My sons all play baseball and I love watching them have fun playing a game. I also like to go to concerts with my wife, Alix. We have seen Phish together at least 15 times.

What is one thing about you few people know?

I practice Transcendental Meditation 2x a day.

Favorite place(s) to travel to?

Kalispell, MT; Colorado; the southwestern part of Virginia; Deep Creek, MD; Mesa, AZ (for Spring Training when MLB doesn’t cancel it because they have no idea how to negotiate).

Favorite book?

Getting to Yes (not really). The Old Man and the Sea.

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

The firm is more than a place to work. It is a family. We care for each other. It also provides an ideal place to practice law because it has the best, brightest and hardest working professionals you will find at a law firm.

Thank you, Mike!

Prince William Board of County Supervisors recently approved a Rezoning, Proffer Amendment, and Special Use Permit to allow for the development of data center uses on approximately 103 acres of land located at the intersection of Interstate 66, Route 29, and Route 55 in the Gainesville area of Prince William County.

The land, owned by an affiliate of Lerner, had been previously rezoned by John Foote, in 1997, to allow for development of a regional mall with up to 1.3 million square feet of retail uses. The land then lay fallow for over 30 years as a consequence of the decline in general demand for retail space, and the growth of such development east of Route 29 and south of I-66. Alternative development options were explored. The extraordinary demand for data centers in the thriving Prince William County market, and the plans for a future substation on adjacent land owned by Dominion Energy, made data centers a logical and viable such option.

Pursuit of the data center plan required Lerner to amend the existing proffers associated with the regional mall to allow data center uses (and yet to retain the existing retail option). Further, because the site is located outside of the County’s Data Center Opportunity Zone Overlay District, Lerner also required a special use permit. Lerner eventually amended its applications to add an abutting 5-acre agriculturally zoned parcel that was formerly home to the Gainesville Methodist Church. This required yet a separate rezoning of that parcel.

The various entitlements were shepherded through what became a lengthy review process by the late Peter Dolan, John Foote, and Brian Prater of Walsh Colucci, together with Gorove / Slade, Urban Ltd., and TNT Environmental. Numerous considerations were reviewed and in the end consensus was built around the benefits to the County from an annual tax assessment viewpoint and the greatly diminished impact on roads, schools, and other public services.

Data center development represents a significant opportunity for Prince William County (or any county) to increase its commercial tax base, reduce traffic on its roads, and allow for further development of a Targeted Industry.

Walsh, Colucci, Lubeley & Walsh is pleased to announce that Charles E. McWilliams, Jr. has been named a Managing Shareholder of the Winchester office effective January 1, 2022.

Chuck joined the firm in 2012 after working in a boutique tax, trust, estates and business planning practice. He is both a lawyer and a Certified Public Accountant and worked in public accounting before attending law school. Chuck’s practice focuses on complex estate planning and business planning matters.  In addition to his law practice, Chuck serves on various Boards, teaches educational courses for accounting firms, banks, and investment companies.

Chuck’s trust and estates practice focuses primarily on business owners, individuals, and families with significant net worth, and he regularly works to resolve family disputes, protect his client’s assets, and protect family resources for long-term (multi-generational) planning purposes.  Similarly, Chuck’s business practice tends to focus on asset protection, business succession planning, mergers, and strategic acquisitions.