Author: ARLnow.com Sponsor

Ask Eli: Missing Middle thoughts and observations

By ARLnow.com Sponsor

This regularly scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. Please submit your questions to him via email for response in future columns. Video summaries of some articles can be found on YouTube on the Eli Residential channel. Enjoy!

Question: In the six months since Arlington passed Missing Middle, what have you seen and what do you think of it?

Answer: It’s been about six months since Arlington passed the Expanded Housing Options (EHO) aka Missing Middle (MM) zoning changes, allowing the construction of 2-6 unit properties on lots that were previously zoned exclusively for single-family homes. There has been much excitement and angst about it changing the fabric of our community, but it seems to me that the outcome will be much milder than many people expect. Unfortunately (or not?), it seems like it won’t go far enough to make the proponents happy but goes far enough to make the opponents angry.

For those who want more of an introduction to Missing Middle, you can read my initial thoughts on MM from March. This week, I’ll share an assortment of thoughts and observations I’ve gathered over the last few months while I try to better understand what MM means for Arlington. I’ll caveat the entire column saying that MM is all very new, very much undeveloped, and we probably won’t understand where and how it will be most utilized for another 4-5 years.

Don’t Expect Floodgates to Open

More than a dozen Missing Middle applications were submitted during the first week the County opened applications (on July 1), but according to Arlington’s application tracker, there are currently 22 applications submitted and under review and 5 applications approved. I consider this to be a modest pace of applications, suggesting there’s not a huge appetite yet to build Missing Middle. I’ve run at least a dozen scenarios with builders and architects and have mostly found that the numbers don’t make sense or that the margins are too tight to justify given the risk of the unknowns (outsale prices/demand, permits, lawsuit, etc).

Initially, I expected MM to add significant value to many older, smaller Arlington homes right away and cause a bit of a frenzy in the marketplace. The limitations of the new zoning code coupled with uncertainties about market demand for MM products and the County’s permit process seem to have kept, from my observations, developers and investors from paying a premium for tear-down homes intended for Missing Middle development (the pending lawsuit is also a significant factor).

Based on my conversations, it seems that the approach many are taking is to apply a similar valuation to an acquisition as they would for single-family development so there’s a safe exit if the Missing Middle project doesn’t work out or the lawsuit prevents further development. Each investor will evaluate potential MM deals differently, but it seems unlikely, for now, that we’ll see a frenzy of buying at a premium over previous tear-down valuations. There will of course be exceptions for certain lots that set-up perfectly for MM.

Applications Don’t Mean Much

So far, all we’ve seen are applications for Missing Middle construction not actual construction, but it’s important to understand that applications, even the five approved applications, are a small first step towards delivering a Missing Middle project. The County does not charge an application fee and the requirements for an application are simple:

  • Floor plans
  • Building elevations
  • Existing property plat and building location survey
  • Proposed property plat and building location survey
  • Landscaping and/or tree preservation plans

I think that many approved applications won’t get any further, especially after going through Arlington’s ever-changing Land Disturbance Activity (LDA) and Stormwater requirements (this comes after the MM application gets approved), which adds a lot of cost and complexity to construction projects in Arlington and hamper profitability.

I also wouldn’t be surprised if a lot of the owners are hoping to sell their home with an approved Missing Middle application and set of plans, but don’t intend on actually building it themselves. That means they may not have done a true cost/profit analysis to determine if MM is financially viable or more profitable that a single-family development, so they might not get built.

One question I have for the County is that, given the limits on the number of applications they’ll allow each year, how will they clean out the application pool of applicants who decide not to build, sit on their application, or get stuck in the application process?

(more…)

ASO presents season opener with Tchaikovsky’s Fourth Symphony and Brahms Violin Concerto

By ARLnow.com Sponsor

Under the direction of Music Director James Ross, Alexandria Symphony Orchestra kicks off its 2023-2024 season and 80th anniversary celebration on September 30 at 7:30 p.m. at the Rachel M. Schlesinger Concert Hall and Arts Center!

The season and celebration continue on October 1, at 3:00 p.m. at the George Washington Masonic Memorial.

The program entitled “ASO at 80-oh!” opens with Toast, an original commissioned piece featuring composer Lester Green at the keyboard leading into Quinn Mason’s Toast of the Town with full orchestra.

The program includes two masterworks: Pyotr Tchaikovsky’s Symphony No. 4 and Johannes Brahms’ Violin Concerto with Elissa Lee Koljonen as soloist. Hailed for her sensual and personal playing, Koljonen has graced the stages of prominent venues throughout the U.S., Europe, and Asia. Elissa Lee Koljonen appears by arrangement with the Curtis Institute of Music.

Both venues provide free parking. Season subscriptions and single tickets are on sale. Subscription packages start at $86 for five concerts; adult prices for single tickets start at $20 with $5 for youth (18 and under) and $15 for students. Military, senior and group discounts are also available.

Join the Race for Every Child next month

By ARLnow.com Sponsor
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Children’s National Hospital will host the annual Race for Every Child on Saturday, October 21 at Freedom Plaza in Washington, D.C., and virtually.

Funds raised from the 5K and Kids Dash benefit Children’s National patients and families. As a 501(c)(3) nonprofit organization, Children’s National relies on donations to make world-class care and research possible. The event has raised more than $11.4 million since 2013.

Sam, who had heart surgery as a baby at the hospital, now plans to run the 5K for the 11th year. His parents, Taryn and Eric, are co-chairs of the Race. “We wanted to do everything we could to help this amazing hospital who helped us,” Taryn says.

Register for free to support kids in the community like Sam.

Legal Insider: Representing government contractors before the NSA in security clearance cases

By ARLnow.com Sponsor

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Our security clearance lawyers represent government contractors and federal employees before the National Security Agency (NSA) in security clearance (and employment cases). The NSA is an intelligence agency with its own unique security clearance process under Security Executive Agent Directive 4 (SEAD 4). This article discusses the appeals process for government contractors at the NSA for security clearance and Sensitive Compartmented Information (SCI) access denials or revocations.

The Security Clearance Process at the NSA

The security clearance appeals process at the NSA is similar to those used by other federal (and intelligence) agencies, with its own unique features. The following are the usual steps at the NSA in the security clearance or SCI review process for government contractors.

1. Revocation or Denial of Security Clearance/SCI Letter Issued by NSA

When a government contractor has a security clearance or SCI access denial or revocation with the NSA, they will receive a letter that provides the background and security clearance concerns in a case. The letter is referred to as a Clearance Decision Statement and will then state that the contractor is given 45 days from receipt of the letter to respond to the alleged security concerns. The investigative file, upon which the denial is based, will often be attached to the NSA letter to facilitate a response by the contractor. With other intelligence agencies, an individual must usually first request the investigative file. The investigative file will usually include documents, reports, interviews, or other items relevant to the NSA’s security concerns at issue. Our security clearance lawyers typically represent contractors starting with this first step.

2. Response to the NSA Clearance Decision Statement

If the contractor elects to challenge the Clearance Decision Statement they will respond to the NSA’s security concerns in writing. A thorough response must be prepared to address all of the security issues. It is critical to also provide exhibits, such as relevant evidence, declarations, character letters, declarations, affidavits, and other documentation related to the NSA’s security concerns or the character of the individual.

3. Decision by NSA Office of Personnel Security is Issued

Once the response to the Clearance Decision Statement is received by the NSA, the NSA Office of Personnel Security will review and issue a decision as to whether or not the security concerns against the government contractor have been dismissed or mitigated. If so, the matter is then resolved and the clearance or SCI is restored. If not, the individual will be provided a short decision briefly citing the reasons why the appeal was denied and informing the contractor of their right to a final appeal before the NSA Access Appeals Panel (AAP). There is then a very short period of time (usually 15 days) in which to either request a hearing with the AAP or otherwise simply submit a secondary written appeal.

4. Meeting with the NSA Access Appeals Panel

If the contractor has elected to provide an in-person response (which is recommended), the next step is a meeting with the AAP. Any additional supporting documents must usually be submitted no later than 14 days prior to the AAP hearing. The AAP hearing is an in-person presentation. During this hearing before the AAP, counsel and the contractor will present their case asking for a reversal of the negative security clearance or SCI determination. The panel normally has 6-7 people present (panel members and an NSA attorney/advisor) and typically asks several questions during the presentation so it is important to be prepared. We recommend legal counsel during this process to ensure adequate preparation for the AAP hearing.

5. The NSA AAP Decision

Following the AAP hearing, they will issue a decision, usually within 1-3 weeks, either granting the clearance or access or issuing a final denial. In a few cases, the NSA AAP may seek additional information or an additional response from the contractor. If the AAP issues a denial, the contractor may re-apply for a security clearance or access a year later. The relatively quick clearance review process at the NSA is unique among intelligence agencies where the security clearance process can often take much longer.

Conclusion

When a government contractor is facing security clearance issues at the NSA it is important to obtain legal advice and representation from an experienced security clearance lawyer. Our law firm advises government contractors and federal employees in the security clearance process. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.

Cornhole and skeeball leagues at Spider Kelly’s

By ARLnow.com Sponsor

Picture this…

You. Drink in hand. Surrounded by friends. Rockin’ the skeeball leaderboard. Killin’ at the cornhole game.

Make your vision a reality at Spider Kelly’s this fall with our skeeball and cornhole leagues!

Small Business Focus: Arlington Art Walk

By ARLnow.com Sponsor
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This column is sponsored by BizLaunch, a division of Arlington Economic Development.

This fall season brings a plethora of opportunities for Arlingtonians to discover local art in the community. Returning for the second year, one such event is the “Arlington Art Walk” on Thursday, October 5, from 3-7 p.m.

Visitors can visit multiple exhibits and sites in one day along the Clarendon-Ballston corridor. Are you looking for an after-hours unique activity? Discover galleries, a Made in Arlington Market, live music, demonstrations and stop-worthy public art installations along this vibrant creative corridor.

This year’s event brings back 2022 favorites Arlington Art Truck, Cody Gallery, MoCA Arlington, ARC 3409 studios, Fred Schnider Gallery, Mason Exhibitions and WHINO. Adding to the fun, the Art Walk welcomes Arlington Independent Media (AIM), The Shop at Arlington Public Library, Made in Arlington Market at MoCA, Northside Social Arlington, Public Art installations and GMU Mason Square activities.

The “Arlington Art Walk” is a self-guided art experience that connects local galleries, artist studios and cultural events. During the walk, gallery hours for participating organizations will be extended so that our friends, neighbors and artists can see what we’re up to.

Don’t miss special guest “Reclining Liberty” by Zaq Landsberg, installed on the front lawn of MoCA through June 2024.

Once you’ve enjoyed Art Walk’s live music at Northside Social, a pop-up market at MoCA, the Arlington Art Truck at Welburn Square Mega Market Thursday, wine offerings, public art installations, a broadcast from AIM and more, be sure to keep these gems on your cultural go-to list throughout the year.

Care to network with creatives? Don’t miss the finale reception at WHINO in Ballston Quarter at 7 p.m.

Learn about Arlington’s celebrated art and vibrant network of stunning gallery spaces on this walkable, self-guided cultural tour.

Just Reduced Properties in Arlington

By ARLnow.com Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of September 4, there are 42 detached homes, 24 townhouses and 159 condos for sale throughout Arlington County. In total, 11 homes experienced a price reduction in the past week, including:

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Training Ground is now expanding to Rosslyn

By ARLnow.com Sponsor

Training Ground, Ballston’s popular new fitness concept, has just officially opened its second Arlington location in Rosslyn!

With 5-star Google ratings at its locations in Arlington and Bethesda, Training Ground is an environment where trainers and clients can both thrive, regardless of one’s goals and fitness background.

Training Ground provides personal trainers with high-end fitness equipment and exclusive gym space for operating their own programs while bringing some of the best trainers to local clients for truly personalized training. Most importantly, clients can workout in an exclusive, welcoming facility without a busy gym environment or membership.

Trainers can focus on developing personalized programs that best suit their clients’ needs, while clients benefit from improved and specialized programming, flexible schedules, and no gym commitments.

Training Ground Arlington is readying its brand new, state-of-the-art facility in Rosslyn for a soft opening in the coming weeks, but now is the time for clients to get in on the ground floor by taking advantage of grand opening specials, and for trainers to sign on while space is still available! A few spaces remain in the schedule for trainers who want to take advantage of the Training Ground Arlington shared workspace concept.

Discount packages for clients in search of personal training are also available.

Training Ground Rosslyn is located at 1500 Wilson Boulevard. For more information email [email protected].

Ask Eli: Selling on-market/MLS returns much more than off-market

By ARLnow.com Sponsor

This regularly scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. Please submit your questions to him via email for response in future columns. Video summaries of some articles can be found on YouTube on the Eli Residential channel. Enjoy!

Question: Are there any studies or data comparing the results of on-market vs off-market sales?

Answer: I hope everybody had a great Labor Day Weekend! Last week, we reviewed what the MLS/Bright MLS is which is a good lead into the recent study completed by Bright MLS that looks at the performance of properties sold on-market (via Bright MLS) vs off-market (not listed for sale in the MLS). For those so inclined, the study provides a detailed explanation of their methodology that led to the data reported in this article.

Selling On-Market = Listing in MLS

When people talk about selling or buying homes on or off the market, they are generally referring to whether or not that home was listed in an MLS. Our regional MLS is called Bright MLS and is the second largest in the country including most or all of Virginia, D.C., Maryland, Delaware, West Virginia, Penslyvania, and New Jersey.

Almost 95% of DC Metro Homes Sold on Market

The vast majority of homes are sold on-market, especially in the D.C. Metro, which has the largest percentage of on-market sales of anywhere in the Bright footprint with 90% of homes selling on-market in 2022 and 93.5% in 2023 Q1, up from 85% in 2019

Selling On-Market = Much Better Price for Sellers

The study went to great lengths to analyze the results of comparable properties (something they failed to do in their initial study in 2021) to provide an accurate measure of the difference selling through Bright MLS makes for sellers. The chart below shows how much more a comparable home sells for when sold via Bright MLS vs off-market/MLS.

The on-market premium has increased significantly over the last three years when the market has been running red-hot. Homeowners in the D.C. Metro earned 18% more on comparable homes sold on-market in 2023 Q1 and 15% more in 2022.

When the market heats up like it has the last few years, you often hear homeowners talk about how easy it is to sell a home off-market because there’s so much demand. Sure that is true, but the question is not whether or not you can sell the home off-market (of course you can), the question is whether or not that nets you the best result (it rarely does).

Why Sell Off-Market?

There are a number of scenarios where an off-market sales with limited exposure is justified — privacy (athletes/celebrities), security (high value personal possessions), interest from a family member, friend, or neighbor — and there are examples of off-market sales producing results that match or sometimes exceed what one might get via the MLS, but for the vast majority of homeowners, an on-market sale will produce significantly better results because of the tremendous increase in exposure to potential buyers.

Those considering an off-market sale should do so with a clear understanding of the disadvantages and measure those against your own reasons for considering an off-market approach.

If you’d like to discuss buying, selling, investing, or renting, don’t hesitate to reach out to me at [email protected].

If you’d like a question answered in my weekly column or to discuss buying, selling, renting, or investing, please send an email to [email protected]. To read any of my older posts, visit the blog section of my website at EliResidential.com. Call me directly at (703) 539-2529.

Video summaries of some articles can be found on YouTube on the Eli Residential channel.

Eli Tucker is a licensed Realtor in Virginia, Washington DC, and Maryland with RLAH Real Estate, 4040 N Fairfax Dr #10C A

Statutes of Liberty: ‘No Kludges’ say federal judges — Biden border policy enjoined from left and right

By ARLnow.com Sponsor

This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Doran Shemin, Esq., and Janice Chen, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

No one should envy the Biden Administration. Like Presidential Administrations before it, the Biden Administration is caught on the horns of a dilemma: rigorous border enforcement leads to federal injunctions, because enforcement frequently infringes on the legal rights of asylum applicants; rigorous protection for asylum applicants leads to increased border crossing rates, with real consequences for border towns and distant cities alike.

Congress is never, ever going to yell “Uno!”

The Biden Administration has dealt with this dilemma with a carrot and stick approach. First, the Administration has worked to create alternative pathways which do not require presenting yourself at the border; and, in addition, the Biden Administration has made increasing use of humanitarian parole to permit asylum seekers to apply for asylum from deep in the interior of the U.S.; those policies are the carrot. (We wrote about those alternative pathways, in these pages, here.)

Second, the Administration attempted to force asylum seekers to apply for protection using a kludge-driven machine: the CBP One App. (We wrote about the CBP App in these pages, here.) Failure to use the CBP One App would, in the new policy, be punished with ineligibility for asylum; that’s the stick.

On July 25, Federal Judge John S. Tigar enjoined the stick. His reasoning was simple. U.S. law permits asylum applicants to apply for asylum, no matter how they entered the United States, and no matter where they entered the United States, politics be damned. If Congress wants to change that, let it do so.

Earlier this year, Federal Judge T. Kent Wetherell entered a Temporary Restraining Order against the carrot. His reasoning was simple. Under federal law, parole is a benefit to be granted sparingly, on a case-by-case basis, and the Biden administration has been using parole wholesale to deal with large migrant flows. If Congress wants to allow that, let it do so.

Both of these policies are kludges, and poor replacements for Congressional action. The Biden Administration, like the Trump Administration and the Obama Administration before it, has attempted to work around Congress via Executive Action, and the Biden Administration — like the Trump Administration and the Obama Administration before it — is losing in court repeatedly. That’s predictable, because U.S. federal law offers both generous procedural rights to asylum seekers and severely limits the discretion of the Executive to parole large groups of noncitizens into the United States.

Eventually, Congress will respond to the increasing pressure within the system, and enact real policy change. We hope that happens soon.

As always, we welcome your comments and will do our best to respond.

Shifting gears: Demystifying the transmission

By ARLnow.com Sponsor

You’re taking a leisurely Sunday drive, cruising down the open road. Suddenly, you feel a slight jerk, and your car struggles to accelerate. What just happened? It’s time we demystify an often-overlooked component of our vehicles: the transmission.

Before your “check engine light” comes on, it can be handy to know what one of the common causes may be. At its core, the transmission is responsible for transferring power from the engine to the wheels, allowing you to shift gears and control your car’s speed. Think of it as an intricate networking system that ensures your vehicle runs smoothly while maximizing efficiency.

The transmission performs two primary functions: gear shifting and torque conversion. Gear shifting allows us to vary the speed and power output of our vehicle, whether we need to accelerate swiftly on the highway or navigate city streets. Torque conversion, on the other hand, helps match the engine power to the load placed on the wheels, ensuring the smooth operation of the car.

There are two types of transmissions commonly found in vehicles today: manual and automatic. Manual transmissions, often associated with a more engaging driving experience, require the driver to manually shift gears using a clutch pedal. This allows for precise control of the RPM (revolutions per minute) and power delivery. On the other hand, automatic transmissions take the guesswork out of gear shifting by automatically selecting the appropriate gear based on factors such as speed, acceleration, and road conditions.

One advantage of an automatic transmission is that it allows for seamless gear shifting, ensuring that your engine operates at the optimal RPM range for maximum efficiency. However, if you prefer a more hands-on approach and enjoy the art of shifting gears, a manual transmission might be preferable. It adds an extra level of control and engagement, giving you a sense of connection with your vehicle.

CarCare To Go is dedicated to giving you the repair advice we’d give our own families, but also helping you learn more about the everyday workings of your vehicle. Call 202-980-1480 with any questions or to book service any time you have a concern about your vehicle. Save up to $150 when you book before Labor Day using code BACK23!

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