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.

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.

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 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]

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