Blogs

Construction

Arlington County Board Unanimously Approves Clarendon West

On October 20, 2015, the County Board of Arlington County unanimously approved The Shooshan Company’s 4.1 Site Plan Special Exception application for Clarendon West, a mixed-use residential and retail project. Represented by Jonathan C. Kinney and Matthew G. Roberts, the project introduces over 580,000 square feet of new development at the current site of the…

November 2, 2015

Construction

Underground Vaults in Virginia

A fairly new policy change from Dominion Power could mean delays in the process of receiving final site plan approval, which could delay the construction process. Virginia Dominion Power has notified local jurisdictions of a change in policy regarding where underground vaults must be placed for new developments. Vaults must now be placed on property…

October 14, 2015

Construction

Fairfax County Proposes Updates to the Zoning Ordinance

Fairfax County is proposing amendments to the Planned Residential Mixed-Use (PRM) and Planned Development Commercial (PDC) zoning districts that would have a dramatic effect on future projects. Responding to comprehensive planning guidance for increased density and mixed-use projects in Transit Station Areas, Commercial Revitalization Areas and Commercial Revitalization Districts, the proposed changes would allow projects…

September 16, 2015

Construction

NLRB Ruling in Browning-Ferris Industries Case Is Likely to Have a Significant Impact on Employers who Utilize Contract and Temporary Employees

A new ruling by the National Labor Relations Board could impact the relationship between developers, construction companies and their workers. In a landmark decision on Thursday, the National Labor Relations Board (“NLRB” or “Board”), by a 3-2 vote, determined that its long-standing “joint-employment jurisprudence” had grown “increasingly out of step with changing economic circumstances, particularly…

August 31, 2015

Construction

D.C.’s Historic Preservation Laws – Not the Zoning Regulations – Remain the Biggest Impediment for Pop-Up Development

Much has been written about “pop-ups” in the District of Columbia, including a summary of the pop-up dispute and proposed changes to the D.C. zoning regulations on this blog last fall. The lengthy and contentious public debate culminated in new zoning regulations, effective on June 26, 2015, that ostensibly limit pop-up development in some areas…

August 19, 2015

Construction

Arlington County Board Approves the Retail Action Plan

On Saturday, July 18, the County Board approved the Retail Action Plan by a vote of 4 to 1, with direction to further amend some facets of the proposed plan. Board Member Libby Garvey voted against the Plan. During a rather extensive discussion which focused a great deal on the feedback that Board Members and…

July 29, 2015

Construction

Sign, sign, everywhere a sign (ordinance): Reed v. Town of Gilbert, the First Amendment and Signs

On June 18, 2015, the United States Supreme Court ruled in Reed v. Town of Gilbert that an Arizona town’s sign ordinance unconstitutionally regulated the content of speech posted on signs within the town. Like so many modern localities, the Town of Gilbert had adopted a sign ordinance regulating signage within the town, including the…

July 22, 2015

Construction

Issues with HVAC – Part 2

Part 1 of this piece can be accessed here. Specialty Improvements As mentioned above, the law is evolving to place greater obligations on landlords with respect to maintenance and repair. The landlords strike back by including onerous provisions in their commercial lease forms. Maintenance and repair of specialty improvements is no different. The form lease…

July 8, 2015

Construction

Issues with HVAC – Part 1

Disputes over specialized tenant improvements or exclusive heating and air conditioning systems are common in commercial leasing. Landlords and tenants often argue over maintenance and repair obligations, or whether or not such specialized tenant improvements can remain on the premises upon the expiration of the term or if tenant is obligated to remove the alterations…

July 1, 2015

Construction

Arlington’s Retail Action Plan: Further Discussion

The debate about the new Retail Action Plan (“The Plan”) continued earlier this month as the Board held another work session to discuss the progress on ongoing efforts to update the Plan. Much of the discussion focused on the so called “red streets” within the Plan. These streets are designated for pure retail uses, including:…

June 24, 2015