Charles E. McWilliams, Jr. Named Managing Shareholder of the Winchester office

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.

Fairfax County BZA Approves First Variance Request Under the ADA

On February 3, 2021, the Fairfax County Board of Zoning Appeals (BZA) approved its first variance request in accordance with the recently adopted American with Disabilities Act (ADA) legislation of the Virginia State Code. Relying upon Virginia State Code section 15.2-2309.2, which allows for variance applications on behalf of individuals with a disability, land use attorney, Kathryn R. Taylor, received a unanimous vote of approval from the BZA to allow a nonconforming recreational sports court to remain in its current condition and location.

In this case, the homeowners built a basketball court in the backyard of their home for the private use and enjoyment of their family. The basketball court is for their 8-year old son who suffers from a tri-diagnosis of Down syndrome, autism spectrum disorder, and apraxia. By providing this safe outdoor environment, their son is able to engage in requisite therapy and participate in appropriate recreational and developmental activities. However, unbeknownst to the family, when the basketball court along with its mesh netting enclosure were installed, they were too close to the rear lot line, thereby creating compliance issues with the County’s Zoning Ordinance. When it became clear that relocating the entire sport court area was not feasible, the homeowners, with the assistance of Ms. Taylor, sought a variance from the BZA as the most appropriate remedial action.

In 2018, the Virginia General Assembly adopted an amendment to Section 15.2-2309.2 of the Code of Virginia that expressly gives a board of zoning appeals the authority to grant a variance to “alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability.” Under this provision, Ms. Taylor argued that the son’s disabilities created a need for a reasonable modification to the rear yard setback requirements. A modification would permit the basketball court and its mesh netting enclosure to remain in its existing location, which would alleviate a hardship caused by a strict application of the Zoning Ordinance requirements. In the end, the BZA agreed and unanimously approved the variance request.

This was the first variance application reviewed by the Fairfax County Department of Planning and Development and subsequently heard and approved by the BZA in accordance with the newly adopted ADA statute.

Fairfax County Board of Supervisors Adopts Amendments to WDU Policy

The Board of Supervisors adopted modifications to its Workforce Dwelling Unit (WDU) Administrative Policy Guidelines at its hearing held on February 23, 2021. The decision marked the conclusion of over a year of evaluation. A Board-appointed Task Force began reviewing the adopted WDU Administrative Policy Guidelines in 2019 with the goal of addressing the need for affordable housing in Fairfax County. It was clear that the qualifying WDU income tiers of 100% and 120% of the Area Median Income, or AMI, were not addressing workforce housing goals and objectives. The Task Force faced the challenge of trying to address the issue of affordability without placing an unreasonable financial burden on the multi-family residential development community. The Task Force recommendation did not come to the Board with a unanimous vote as representatives of the development community continued to have concerns regarding the financial impact of the proposal.

With adoption of the Task Force recommendation, the Board revised text in the area plans, and most importantly modified the recommended WDU percentages and income tiers for proposed residential developments. The adopted WDU Administrative Policy Guidelines are applicable to rental projects only. Countywide modifications include a reduction in the rental WDU commitment level from 12% to 8% of the total number of proposed dwelling units, and a reduction in the maximum household income tier from 120% to 80% of the AMI. For rental developments in Tysons, the WDU commitment level is reduced from 20% to 13% with a maximum household income tier of 80% of the AMI. The prior WDU Guidelines are compared to the adopted WDU Guidelines in the chart below.

The multi-family residential community asked the Board to include a follow-on motion to direct staff to explore different measures associated with generating WDU production that could help balance and mitigate the cost of providing WDUs Countywide. While the Planning Commission recommended such a motion, the Board elected not to do so. The Board did recommend re-visiting the adopted WDU Administrative Policy Guidelines in five years. The multi-family development community continues to believe that there may be financial challenges as the new WDU recommendations are added to other typical proffers.

Fairfax County intends to review and evaluate the WDU Administrative Policy Guidelines for for-sale developments in the coming months.

Please contact Lynne Strobel with questions regarding the provision of WDUs in Fairfax County.

The next phase of The Boro development in Tysons

The Boro Tysons

The Washington Business Journal recently published an article discussing the next phase of The Boro development in Tysons. Akridge, one of the region’s biggest developers, will be joining the project as one of its partners.

[EXCERPT]

The Boro Tysons

More residential development, and a new partner, coming to The Boro in Tysons

“Plans for the next phase of the The Boro development in Tysons are coming together, complete with new condos, apartments and a senior living facility — and one of the region’s biggest developers is getting in on the action.” Read more

Alexandria City Council Approves the Innovation District and Launches Development in North Potomac Yard

 

On October 17, 2020, the Alexandria City Council unanimously approved the latest in a series of land use applications, submitted by a partnership of JBG Smith and the Virginia Tech Foundation, to allow Phase I of the long-anticipated redevelopment of North Potomac Yard. These landmark approvals will facilitate the transformation of a 19-acre site, currently occupied by a movie theater and a surface parking lot, into a 1.6 million square foot mixed-use development anchored by the Potomac Yard Metro Station and the Virginia Tech Innovation Campus.

Known as the Innovation District, the new development will become a vibrant hub of activity that will serve as an economic engine to drive North Potomac Yard and the City into the future. The approvals allow JBG Smith to deliver four office buildings and two residential buildings – all with ground floor retail – and enable Virginia Tech to construct the first of three planned academic buildings in its new Innovation Campus. Designed by five different teams of architects, the buildings achieve a variety of innovative architectural expressions, while maintaining a sense of cohesion across the Innovation District as a whole. In addition to the buildings, the Innovation District will have a network of publicly accessible open spaces connected by a network of pedestrian-focused streetscapes, bicycle paths and shared use paths. The open spaces include Market Lawn, Metro Plaza, and a 4.5 acre extension of Potomac Yard Park that will be considered at forthcoming public hearings in December 2020.

Consistent with the Small Area Plan’s vision for North Potomac Yard as an environmentally sustainable community, sustainability was top-of-mind throughout the project design and application process. Sustainable elements were incorporated into all aspects of the project, ranging from solar-oriented architectural features, porous pavers in the streetscape design, and green stormwater management technologies. The project team worked in coordination with consultants at Sustainable Building Partners to develop an Environmental Sustainability Master Plan for North Potomac Yard – the first of its kind in the City. The ESMP will serve as the sustainability roadmap for future development in North Potomac Yard by establishing goals, targets and a variety of strategies designed to advance the City’s sustainability goals over the 20 – 30 year buildout of North Potomac Yard. As a living document, the ESMP will be updated in future phases of development to incorporate new strategies and technologies in the rapidly-evolving field of sustainability.

The Innovation District will provide a number of significant community benefits to the City. Tax revenue generated by the Innovation District will help fund the Potomac Yard Metrorail Station, and incentives provided by the Commonwealth of Virginia associated with the Virginia Tech campus include the allocation of additional funding for the southern entrance to the Metrorail station. During the application process, the applicant worked with the City to augment its contributions to affordable housing through the dedication of additional land to be used for a school collocated with affordable housing. With these contributions and additional community benefits to be generated by the development, the Innovation District will achieve a number of the City’s objectives.

The Walsh Colucci team of Cathy Puskar, Caroline Herre and Bob Brant navigated JBG Smith and its team of consultants through an application process that resulted in approvals of a Master Plan Amendment, Coordinated Development District Concept Plan Amendment, Preliminary Infrastructure Plan, a Subdivision, and Development Special Use Permits for six individual buildings in a period of under twelve months. In addition to extensive coordination and negotiation with City of Alexandria staff, the application process involved substantial community outreach, including six community-wide town hall meetings, over a dozen meetings with the Potomac Yard Design Advisory Committee, and meetings with the Environmental Policy Commission, Park and Recreation Commission, and the Alexandria Housing Affordability Advisory Committee. With the guidance of the Walsh Colucci team, the proposal was met with widespread community support throughout the application process.

The Innovation District approvals represent the first step in realizing the vision set forth in the North Potomac Yard Small Area Plan, and will serve as a catalyst for the remaining 6 million square feet of development to come in future phases of North Potomac Yard. The Innovation District sets a new bar for future development in the City and the region, and pushes the envelope in terms of innovative and sustainable design.

Market Lawn – Source: OJB Landscape Architecture

 

Metro Plaza – Source: OJB Landscape Architecture

 

Block 10 -Source: Hickok Cole

 

Block 19 – Source: Hord Coplan Macht

 

Block 14 – Source: COOKFOX Architects

Walsh Colucci Wins in Virginia Supreme Court to Prevent Prince William County from Dissolving a 50 Year Volunteer Company and Confiscating Its Assets

 

The Virginia Supreme Court sided with those amazing men and women who volunteer their time as EMS and fire fighters protecting their community. When the Prince William County Board of Supervisors decided to terminate its contract with Dumfries Triangle Rescue Squad (DTRS) after more than 50 years of its volunteer services, the Board also attempted to dissolve DTRS’s corporate status and directed DTRS to give its property, including real estate the Board valued at more than $1.6 million, to the County for free. When the Prince William Circuit Court concluded that the Board had the power to do so, Walsh Colucci filed an appeal with the Virginia Supreme Court to reverse this error.

On October 22, 2020, the Virginia Supreme Court did just that, and unanimously ruled that the Board did not have the authority to dissolve the corporate status of DTRS or take its property. Matt Westover and Garth Wainman successfully argued the case before the Court.

For more than half a century, volunteer organizations like DTRS have saved the taxpayers of Prince William County millions of dollars by providing volunteer EMS and fire rescue services to the residents of the county. In 2017, when its volunteer staffing numbers dropped, the Board terminated its contract with DTRS and ordered it to give all of its property to the County. While DTRS did not challenge the Board’s termination of its contract to provide EMS services in the County, it did not agree to the dissolution of its corporate status or the forfeiture of its property. When DTRS refused to give its property to the County, the Board filed a lawsuit against DTRS to force it to do so. During the case, DTRS agreed to let the County continue to use the property for free while the matter worked its way through the legal system.

After more than two years of litigation, the Supreme Court ruled that the Board could neither force DTRS into liquidation nor take its property. The Court’s decision protects not only DTRS, but also numerous other companies who provide volunteer EMS services throughout the Commonwealth against overreach by local governing bodies.

Walsh Colucci is honored to represent DTRS and several other volunteer fire and rescue companies throughout the region whose members selflessly protect Virginians all throughout the Commonwealth. If you are a member of a volunteer EMS agency or fire company in the Commonwealth and have any questions regarding the Court’s decision and how it may impact your company, please feel free to call Garth Wainman or Matt Westover at (703) 680-4664.

Quadrangle Proposes Four-Building Mixed-Use Project In Herndon

Bisnow reported on Quadrangle Development’s recently filed plans with Herndon’s Planning Commission to build 1.5M SF on the Fairbrook Park site, including two office buildings and two residential buildings. Senior land use planner Elizabeth Baker filed the application on behalf of Quadrangle.

[EXCERPT]

Quadrangle Proposes Four-Building Mixed-Use Project In Herndon

The owner of a long-planned office development in Herndon is now shifting to mixed-use to help kick-start construction. Quadrangle Development filed plans with Herndon’s Planning Commission to build 1.5M SF on the Fairbrook Park site, including two office buildings and two residential buildings, RestonNow first reported. The developer acquired Fairbrook Park, a 28-acre site at the intersection of Herndon Parkway and Fairbrook Drive, in 1984, property records show. It has built one office building on the site, a two-story structure totaling 80K SF.

Read more

Are You Ready to Reopen Your Business?

 

While many Virginia businesses have remained open since the pandemic was declared, others have been restricted from operating due to Virginia’s various Executive Orders. As of June 12, 2020, many restrictions are being eased as Northern Virginia and other regions finally enter into Phase 2 of Virginia’s reopening plan.

The Occupational Safety and Health Administration (OSHA) requires that employers provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” In the context of COVID-19, OSHA is advising employers to follow guidelines from the Centers for Disease Control and Prevention (CDC) by taking temperatures, providing personal protective equipment, adding barriers, social distancing, sanitizing surfaces, etc.

In the face of reopening your business multiple issues including formulating return to work plans, which may include a number of best practices per current guidance, as well as concerns regarding potential employer liability for a worker contracting the coronavirus, the illness caused by COVID-19, may need to be addressed.

While operating risks can never be eliminated, businesses can minimize their risks by following CDC guidance, and they can help employees feel comfortable by clearly and consistently communicating about the safety measures they are implementing, how the measures help, and what workers should do if they have questions or concerns.

We have helped several of our commercial clients develop reopening protocols and strategies. If you need help with your business reopening plan or related issues in connection with a reopening, please contact attorney Wendy Alexander for assistance at (703) 680-4664.