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This blog focuses on real estate, land use and construction-related topics affecting Virginia and the Washington, D.C. metro area. With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. If you are interested in having us cover a specific topic, please let us know.

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  • Posts by Matthew Weinstein
    Associate

    Matthew J. Weinstein is an attorney with the firm. His practice focuses on real estate, land use and zoning where he is part of the legal team assisting clients with a variety of matters involving properties in Northern Virginia and ...

The Arlington County Board held a work session on July 11th to review and provide feedback on the Residential Parking Working Group’s recommendations for parking minimums in the Rosslyn-Ballston and Jefferson Davis Highway corridors.

The group recommended establishing parking minimums in these corridors based on the residential project’s proximity to the Metro. The parking minimums are as follows:

  • 0.2 spaces per unit for buildings located up to 1/8 of a mile from the Metro
  • 0.3 spaces per unit for buildings located up to 1/4 of a mile from the Metro
  • 0.4 spaces per unit for buildings located up to 1/2 of a mile from the Metro
  • 0.5 spaces per unit for buildings located up to 3/4 of a mile from the Metro
  • 0.6 spaces per unit for buildings located in the Rosslyn-Ballston and Jefferson Davis corridors that are more than 3/4 of a mile from the Metro.

The Virginia General Assembly passed hundreds of bills signed into law by Governor McAuliffe during the 2017 legislative session, and all of these bills went into effect on Saturday, July 1st. Many of these laws touch on real estate, local government, and economic development-related issues, including a law extending the expiration date of certain land use approvals - site plans and special exceptions, for example - a law authorizing short term lodging (AirBNB), a law restructuring the Economic Development Authority, and a law establishing the Metro Safety Commission. Notably, numerous attempts to revise the 2016 proffer law all failed, although the General Assembly is likely to reignite the proffer fight again in the coming sessions. For more information on other high profile bills that went into effect on July 1st, click here.

On June 17th, the Arlington County Board approved an amendment to Arlington’s Zoning Ordinance allowing greater aggregate sign area for certain properties with retail.

The adopted amendment—which applies to buildings with comprehensive sign plans in commercial/mixed-use zoning districts—would increase the allowed aggregate sign area for retailers facing publicly accessible plazas. It would also increase the maximum size of blade signs.

April 3, 2017
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The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (“the Board”) is reopening its regulations for general review. The Board is only at the notice of intent stage of the process, so it is unclear at this time which regulations will be revised. The goal of the review is to “ensure the Board’s regulations are clearly written and easily understandable; reflective of changes in technology and training; and representative of current professional and industry standards.” We will continue to monitor these potential regulations, but please feel free to submit comments to Kathleen R. Nosbisch, Executive Director at apelscidla@dpor.virginia.gov by April 19th if you would like to participate in the process. For more information, you can visit the Virginia Register here.

Virginia General Assembly Extends Life of Zoning Approvals

The General Assembly has once again extended the life of various zoning approvals in Virginia.  HB 1697, introduced by Delegate Danny Marshall (R-Danville), extends approval of various zoning permits and plans to July 1, 2020 for plans approved prior to January 1, 2017. All land use plans that are valid and outstanding as of January 1, 2017—including preliminary site plans, final site plans, subdivision plans, rezonings, special use and conditional use plans, and special exceptions—will be subject to the new three-year extension.

The bill initially included a five-year extension, but the Senate amended the bill to include the three-year extension after local governments expressed their opposition to the original bill. The underlying code section, Virginia Code sec. 15.2-2209.1 was originally passed in 2009 in response to the housing crisis, and it included a five-year extension from 2009 to 2014. The statute was amended by the General Assembly in 2011 and 2012. Governor McAuliffe has until March 27th to take action on HB 1697.  It is expected that Governor McAuliffe will sign the legislation into law. You can find the extension legislation here.