Zoning & Land Use
Overview
Bean, Kinney & Korman’s land use and zoning team is known for handling a variety of zoning cases throughout Northern and Central Virginia, the District of Columbia, and Maryland. Their work includes representing national, regional and local developers and property owners in the counties of Arlington, Fairfax, Prince William, Loudoun, Chesterfield, and Henrico, the cities of Fairfax, Alexandria, and Richmond, the District of Columbia, and Montgomery and Frederick Counties.
Ability to Navigate Multiple Constituencies and Competing Interests
Governmental regulation of land use and the process of obtaining entitlements to develop and redevelop real estate involve intensely parochial and complex layers of competing interests. These interests include the governing jurisdiction, as well as neighborhood groups, state and federal agencies, conservation and historic preservation organizations, and tenant associations. Three-dimensional chess is easy by comparison.
Credibility Among Public Entities
Our attorneys have spent decades accumulating knowledge of the political, economic and technical factors that influence how properties can be permitted to realize the potential desired by owners and developers. More importantly, we invest time to establish credibility with governmental staffs and the elected and appointed leadership of agencies and public bodies who process and make land use decisions, as well as the citizen groups whose vocal support or opposition is often critical.
Creative Approaches to Overcome Regulatory Obstacles
For any land use practitioner, easy familiarity with the codes, rules and policies of the governing jurisdiction is fundamental. Knowing how they are interpreted and applied, however, can mean the difference between a successful and unsuccessful application. We have used a variety of creative approaches to overcome apparent regulatory obstacles to developments that didn’t neatly fit the zoning ordinance.
Knowledge of the Development Community
Over and above the value we provide in dealing with regulatory agencies is our knowledge of the development community and the markets in which they operate. Information on who’s trying to build what and where and how they’re being treated in the entitlement process is invaluable to our clients in their decision-making process.
Whatever you seek to accomplish in the development process, whether a subdivision, rezoning, site plan, special exception or use permitting or variance grant, we offer the depth of knowledge, experience and relationships that can make it happen.
Publications
- Fairfax County aims to consolidate Springfield redevelopment projects, spur more residential
Washington Business Journal, July 16, 2024 - Arlington County loses pretrial appeal in Missing Middle suit
ARLnow, January 16, 2024 - Planning Commission approves Final Development Plan for multifamily building in Bailey’s Crossroads
the Annandale Blog, October 15, 2021 - Supervisors support consolidation for storage facility expansion
the Annandale Blog, July 28, 2021 - Madeira School campus plan wins county approval
Sun Gazette, June 21, 2021 - Kasa Living, a pop-up hotel startup, is coming to Rosslyn
Washington Business Journal, December 28, 2020 - Developer targets Days Inn along Route 50 in Arlington for mixed-use
Washington Business Journal, October 29, 2020 - Underground Vaults in Virginia
BKK Construction & Land Use Newsletter, December 7, 2015 - Arlington County Board Unanimously Approves Clarendon West
BKK Construction & Land Use Newsletter, December 7, 2015 - D.C.’s Historic Preservation Laws – Not the Zoning Regulations – Remain the Biggest Impediment for Pop-Up Development
BKK Construction & Land Use Newsletter, September 1, 2015 - Arlington County Board Approves the Retail Action Plan
BKK Construction & Land Use Newsletter, September 1, 2015 - Sign, Sign, Everywhere a Sign (Ordinance): Reed v. Town of Gilbert, the First Amendment and Signs
BKK Construction & Land Use Newsletter, September 1, 2015 - A Patriotic Partnership: The Construction Industry and the Military
BKK Construction & Land Use Newsletter, June 4, 2015 - Fairfax County’s Plans for the Route 1 Corridor
BKK Construction & Land Use Newsletter, June 4, 2015 - Arlington’s New LEED Standards
BKK Construction & Land Use Newsletter, December 5, 2014 - Changes are Coming to ISD
BKK Construction & Land Use Newsletter, December 5, 2014 - D.C. Office of Planning Takes a Stand Against Pop-Ups With New Zoning Text Amendment
BKK Construction & Land Use Newsletter, September 2, 2014 - Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Heights
BKK Construction & Land Use Newsletter, June 2, 2014 - Lorton Landfill Dispute Nearing Board of Supervisors’ Review
BKK Construction & Land Use Newsletter, March 4, 2014 - I Know My (Vested) Rights! Developing a Project in a Changing Climate
BKK Construction & Land Use Newsletter, March 4, 2014 - Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development
Virginia Real Estate, Land Use & Construction Law Blog, January 22, 2014 - Much Ado About Subdivision: Building on a Subdivided Lot When the Locality Never Approved the Subdivision Plat
Virginia Real Estate, Land Use & Construction Law Blog, January 6, 2014 - Searching for the Escape Hatch: The Variance
BKK Construction & Land Use Newsletter, December 3, 2013 - Of Boats, Dining, and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council
Virginia Real Estate, Land Use & Construction Law Blog, November 1, 2013 - Newberry Station: Political Contributions vs. Political Realities
BKK Construction & Land Use Newsletter, September 10, 2013 - Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims
Virginia Real Estate, Land Use & Construction Law Blog, July 27, 2013 - What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners
Virginia Real Estate, Land Use & Construction Law Blog, June 25, 2013 - Arlington County Reconsiders Parking Ratios for Commercial Site Plans
Mark Viani mviani@beankinney.com, Matt Roberts mroberts@beankinney.com, June 1, 2013 - Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés
BKK Construction & Land Use Newsletter, June 1, 2013 - Condemnation Changed (Permanently?) in Virginia
AIA Northern Virginia News, January 1, 2013 - Proposed Amendment to Virginia’s Constitution Could Limit Government’s Use of Eminent Domain
BKK Construction & Land Use Newsletter, March 1, 2012 - EPA Storm Water Regulations – Potential Impediment to Development
AIA Northern Virginia News, September 1, 2011 - Virginia Plays TDR Catch-Up
OnSite Magazine, August 1, 2011 - Transferable Development Rights: Now in Action in Arlington
Commonwealth Contractor, May 1, 2011 - Nimby! The Views at Clarendon Project and Litigation 2004-2011
The Fee Simple, May 1, 2011 - How Not to Get Sued
AIA Northern Virginia News, March 1, 2010
Blogs
- Powering the Future: Data Centers, Energy Innovation, and Economic Growth
Real Estate, Land Use & Construction Law, Monday December 9, 2024 - Understanding Proffers in Land Development: A Balanced Perspective
Real Estate, Land Use & Construction Law, Tuesday December 3, 2024 - How Zoning Policies Shape Data Center Development in Northern Virginia
Real Estate, Land Use & Construction Law, Thursday November 7, 2024 - Amazon’s Return-to-Office Mandate: What It Means for Northern Virginia’s Real Estate Market
Real Estate, Land Use & Construction Law, Friday October 18, 2024 - Unlock Development Opportunities with Fairfax County’s 2025 SSPA Plan Amendment Process
Real Estate, Land Use & Construction Law, Tuesday September 10, 2024 - Zoning Laws in Focus: Understanding the Arlington County Missing Middle Housing Policy Dispute
Real Estate, Land Use & Construction Law, Friday August 2, 2024 - Data Center Shake-Up: New Rules and Hotspots in Virginia
Real Estate, Land Use & Construction Law, Wednesday July 17, 2024 - The Nerve Centers of Apple Intelligence: Data Centers Driving AI
Real Estate, Land Use & Construction Law, Tuesday June 18, 2024 - Leveraging Public-Private Partnerships for Zoning Success in Northern Virginia
Real Estate, Land Use & Construction Law, Wednesday June 12, 2024 - Embracing the Future: The Role of Data Centers in Virginia’s Economic and Technological Landscape
Real Estate, Land Use & Construction Law, Wednesday May 1, 2024 - Arlington County’s Strategic Response to Rising Office Vacancy Rates
Real Estate, Land Use & Construction Law, Monday April 29, 2024 - The Data Center Boom in Prince William County: Growth, Challenges, and Community Impact
Real Estate, Land Use & Construction Law, Thursday April 4, 2024 - “Parking Reimagined”: A Fresh Approach to Modernizing County Parking
Real Estate, Land Use & Construction Law, Thursday October 19, 2023 - “Plan Langston Blvd” to Reach County Board in November
Real Estate, Land Use & Construction Law, Friday October 13, 2023 - Arlington County Releases Langston Boulevard Area Plan
Real Estate, Land Use & Construction Law, Wednesday July 5, 2023 - Virginia Supreme Court Voids Fairfax County’s New Zoning Ordinance
Real Estate, Land Use & Construction Law, Friday March 24, 2023 - Prince William County – The Digital Battlefield
Real Estate, Land Use & Construction Law, Thursday August 4, 2022 - Fairfax County Signage Shake-up
Real Estate, Land Use & Construction Law, Monday July 11, 2022 - The Missing Middle
Real Estate, Land Use & Construction Law, Friday July 1, 2022 - Parking Reimagined – Changes to Fairfax County’s Parking Requirements
Real Estate, Land Use & Construction Law, Monday June 27, 2022 - Plan Langston Boulevard – A Lesson in Smart Planning: Encouraging Investment and Development in Arlington
Real Estate, Land Use & Construction Law, Thursday June 16, 2022 - Changes to Fairfax County’s Site-Specific Plan Amendment Process
Real Estate, Land Use & Construction Law, Monday June 13, 2022 - Arlington County Board Approves 1.2mm SF of Mixed-Use Development in West Rosslyn
Real Estate, Land Use & Construction Law, Monday March 27, 2017
Reported Cases
- Commonwealth Transp. Comm’r of Va. v. Ourisman Dodge, Inc., 73 Va. Cir. 485 (2007)
- Renkey v. County Bd., 272 Va. 369 (2006)
- SUP# PLN2007-00354, Baywood Hotels – Balls Ford Road
- Spectrum Healthcare v. Bd. Of Supervisors, 2011 Va. Lexis 252 (2011)
- SE #2012-DR-003, TD Bank, N.A. – Old Dominion – Dranesville Magisterial District
- Rezoning # PLN 2007-00239, Baywood Hotels – Potomac Mills – Occoquan Magisterial District
News
- Bean, Kinney & Korman Named a 2025 “Best Law Firm” for Fourteenth Consecutive Year
Tuesday November 12, 2024 - Bean, Kinney & Korman Named a 2024 “Best Law Firm” for Thirteenth Consecutive Year
Thursday November 2, 2023 - Bean, Kinney & Korman Named a 2023 “Best Law Firm” for Twelfth Consecutive Year
Thursday November 3, 2022 - Andrew W. Gregg Joins Bean, Kinney & Korman
Tuesday May 17, 2022 - Bean, Kinney & Korman Named a 2022 “Best Law Firm” for Eleventh Consecutive Year
Thursday November 4, 2021 - County Board Approves Red Top Cab Project Amendments
Tuesday June 15, 2021 - Charles (Chas) McAleer, Dean Luo and Harrison Clinton Join Bean, Kinney & Korman
Friday February 12, 2021 - Timothy Dugan Elected 2020‑2021 Chair of the Real Property Section Council of the Maryland State Bar Association
Thursday May 21, 2020 - Timothy Dugan Recognized as Top Attorney by Bethesda Magazine
Tuesday December 10, 2019 - Timothy Dugan Joins Bean, Kinney & Korman as a Shareholder
Wednesday October 16, 2019 - David S. Houston Joins Bean, Kinney & Korman as a Shareholder
Wednesday February 13, 2019 - Jon Kinney Discusses Impact of 5G Technology in Arlington County
ARLnow, Wednesday October 17, 2018 - Matthew J. Weinstein Joins Bean, Kinney & Korman
Tuesday March 14, 2017 - Bean, Kinney & Korman Attorneys Win Virginia Supreme Court Appeal Involving Local Taxation of Transferable Development Rights
Monday January 9, 2017 - Lori Murphy Presented an Update on Proposed Great Falls TD Bank
Alexandria Gazette Packet, Tuesday June 11, 2013 - Jonathan Kinney of Law Firm Bean, Kinney & Korman Recognized as Northern Virginian of the Year by Northern Virginia Magazine
Northern Virginia Magazine, Friday June 1, 2012 - Arlington County Board Approves Clarendon Block Redevelopment
Arlington County News, Tuesday January 24, 2012 - Bean, Kinney & Korman Represents Developer of ‘The Views’ at Clarendon in Dismissed Case
Monday January 3, 2011 - Jonathan Kinney receives Arlington Partnership for Affordable Housing’s Affordable Housing Award
Tuesday October 5, 2010 - Bean, Kinney & Korman Represents Developer 1210 North Highland Street in Peter Glassman, Plaintiff v. Arlington County, Virginia, et. al.
Tuesday April 13, 2010 - Timothy Hughes featured in “No Word Yet From JBG After Judge Dismisses Convention Hotel Lawsuit”
Washington Business Journal, Tuesday March 30, 2010 - Arlington Law Firm Puts a Focus on Supporting Energy-Efficient Design
Sun Gazette, Sunday May 10, 2009 - Bean, Kinney & Korman Plays Significant Role in Introducing Arlington’s First LEED Gold Residential Building
Monday April 27, 2009 - Arlington Circuit Court Dismisses Lawsuit Challenging Arlington County Board’s Approval of Views at Clarendon
Wednesday July 11, 2007
Events
- Spotlight on Richmond Highway
Alexandria, VA, Tuesday, December 10, 2024 - Land Use Institute 2023
Columbia, MD, Wednesday, September 27, 2023 - Basics of Real Estate Transactions Series – Zoning and Land Use
Online, Tuesday, May 2, 2023 - Future of Arlington County – Exploring New Development Opportunities in the Rosslyn-Ballston Corridor and Beyond
Thursday, July 21, 2022 - Creative Approaches to Increasing the Housing Supply
online, Wednesday, October 20, 2021 - Land Use Institute 2021
online, Tuesday, October 5, 2021 - Investing in Richmond Highway
Online, Wednesday, May 19, 2021 - ULI Washington, D.C. Young Leaders Presentation “Northern Virginia Land Use”
Monday, May 25, 2020 - Comparative Zoning and Land Use Laws in Northern Virginia and Suburban Maryland
University of Maryland, Monday, May 25, 2020 - Future of Arlington County
Arlington, VA, Thursday, November 14, 2019 - 2019 Advanced Real Property Institute
Columbia, MD, Thursday, November 7, 2019 - Maryland State Bar Association Land Use Institute: “Recent Federal and State Land Use Court Decisions”
Saturday, May 25, 2019 - Transferable Development Rights – What They Are and Why You Need to Know
Bean, Kinney & Korman, Friday, January 27, 2017 - “Lunch With…Metro General Manager and CEO Richard Sarles and Arlington County Board Member Mary Hynes”
Navy League Building, 2300 Wilson Blvd., Arlington, VA 22201, Monday, August 5, 2013 - 3rd Annual Rosslyn-Ballston Corridor Summit
Renaissance Arlington Capital View Hotel in Arlington, Virginia, Thursday, May 31, 2012