At Lerch, Early & Brewer, our reputation as one of Montgomery County’s premier land use and zoning law firms comes from helping developers, property owners and institutions plan, build and develop successful buildings and projects for more than 40 years. We’re known for our strategic thinking and our ability to drive solutions without alienating key stakeholders. Our attorneys know the lay of the land – literally and figuratively – in and around the county, from Friendship Heights to downtown Bethesda and Silver Spring to White Flint, Gaithersburg, Germantown and beyond. We help clients save time and money through our thorough understanding of the process, people and responsibilities, and our high engagement in the county.
Sophisticated Representation for More Than 40 Years
Our land use attorneys have extensive experience in all aspects of land use and zoning. We help our clients obtain the highest and best uses for their project sites by thinking strategically about their objectives and then attending to every detail of the process. We are results-oriented, and often pursue alternative routes to the desired results. The successful projects we’ve helped launch throughout the county reflect our excellent working relationships with agency staff, elected officials and the community. We represent our clients before local, state, regional and federal administrative agencies, including land development, procurement and purchasing matters, zoning and other related administrative land use reviews, eminent domain and condemnation, regulatory takings, environmental issues, historic preservation, building codes, telecommunications and right of way issues. Our clients include regional and national developers, institutional owners (banks, hospitals, corporations, schools, automobile dealerships, religious organizations, etc.), national and local retailers, families, individuals and investors.
Strategy and Detail: From Master Plans to Building Permits
Our participation in the land use process begins from the ground up. We’ve been involved in the development and updating of all of Montgomery County’s Master Plans, most recently the updates for White Flint and the Greater Seneca Science Corridor. Our land use lawyers help prepare all the needed applications for master plan approvals, zoning and variances. We coordinate the work of architects, civil engineers, surveyors, transportation engineers and other professionals who are instrumental at a project’s inception. As a project moves forward, we’re on top of needed construction and site approvals, building permits, storm water management, inspections and certificates of occupancy.
Advisors with an Entrepreneurial Spirit
The bottom line for our clients is getting projects built. Whether it’s creating a new urban-styled mixed-used development from the ground up, expanding a hospital wing, building a new corporate headquarters, creating a residential subdivision or obtaining a special exception for a private school or country club, we focus on identifying the best path to completion and taking care of the milestones and minutiae along the way. We know how to keep projects moving through the labyrinth of the planning, permitting, building and approvals process.
Connected In and To the Community
We’re successful in this community because we live and work here, and make significant investments of time and leadership. For more than 40 years, attorneys from our land use group have volunteered at, provided pro bono work for, donated to and have held leadership positions in the county and local chambers of commerce, arts and culture organizations, and nonprofits like Habitat for Humanity.
Smart Growth Transit-Oriented Development Drives Montgomery County’s Future
While we work on all kinds of projects, in both high-density and rural neighborhoods, we have many projects that focus on creating pedestrian-friendly mixed-use developments near public transit. We are working on or have recently completed projects at most of Montgomery County’s Metro stops on the Red Line that allow people to live, work, shop and dine in their neighborhoods.
Representative Matters
- White Flint Sector Plan (North Bethesda): Conceived and implemented strategies for multiple clients (Lerner Enterprises, The Tower Companies, The JBG Companies) in the update of White Flint Sector Plan to achieve long-term expansion plans for a “smart growth” area projected to be the future economic engine for Montgomery County. Actively involved in implementation efforts, including working on a development district and other funding and staging mechanisms.
- Great Seneca Science Corridor Master Plan Update (Gaithersburg): Conceived and implemented strategies for multiple owners (Adventist HealthCare, Alexandria Real Estate Equities, The Rickman Company, Bureau of National Affairs) to achieve long- term expansion plans in a transit served development area. This future “Science City” is home to two major universities, Johns Hopkins’ University (Montgomery County campus) and Universities at Shady Grove (part of the University of Maryland), and various biotech and healthcare companies.
- Wisconsin Place (Friendship Heights): Served as lead land use counsel for New England Development, Boston Properties and Archstone from conception to completion for one of Montgomery County’s largest mixed-use transit-oriented developments in an urban area of the county known for being difficult to develop. This development contains approximately 1.1 million square feet of retail, office and residential uses.
- Wheaton Safeway (Wheaton): Representing Patriot Realty in redevelopment of the Safeway site on Georgia Avenue and Reedie Drive, adjacent to the Wheaton Metro Station. This is the first Optional Method of Development project in Wheaton, consisting of 486 apartments and a state-of-the-art Safeway. It will set the tone for the entire redevelopment of this urban Central Business District.
- North Bethesda Market I & II (North Bethesda): Representing The JBG Companies in development of mixed-use projects across from White Flint Metro. North Bethesda Market I, featuring Montgomery County’s tallest building, consists of 200,000 square feet of retail and 397 apartments opening in 2010. NoBe II plans include an additional 740,500 square feet of residential, retail and office uses.
- Hanson Farm Master Planning and Rezoning (North Potomac): Represented the Hanson family in the master planning and rezoning of its 187-acre property in North Potomac. The firm worked with a team of consultants, county planners, the county planning board, the county hearing examiner, and the county council to master plan and to rezone the property to a planned development zone allowing up to 187 single-family homes and townhouses, significantly increasing the previous density.
- Germantown Master Plan (Germantown): Represented multiple property owners (Bellemead Development Corp., Lerner Enterprises, Bozzuto Homes and Trammell Crow Company) regarding their future development interests in the Germantown Master Plan. Germantown is along I-270, and is one of Montgomery County’s “Corridor Cities.” The firm’s work involved multiple strategies – building coalitions with other property owners, arranging an Urban Land Institute Technical Assistance Panel, commissioning market demand studies, and lobbying a plethora of local and regional agencies and legislators.
- National Park Seminary (Silver Spring): Represented joint venture of Eakin Youngentob Associates and the Alexander Company in the bidding process, rezoning, subdivision and site plan approvals for adaptive reuse/historic preservation development of 280 new dwelling units on the National Park Seminary site. This historic preservation effort was one of the most complex efforts on the Eastern seaboard.
- Grosvenor Village (North Bethesda): Represented Potomac Investment Properties in joint development of Washington Metropolitan Area Transit Authority site at Grosvenor Metro station for 860 apartments. Served as lead counsel on all land use approvals for the development.
- 8711 Georgia Avenue (Silver Spring): Represented Guardian Realty Investors, Inc. on its 13-story, 152,000-square-foot mixed-use office/retail building in Silver Spring. The project is an optional method project that involved preliminary plan, project plan and site plan approvals. Guardian's building received rave reviews for its overall design.
- Rock Spring Center, DRI Development Services, Inc. (North Bethesda): Representing the developer on the development of a portion of the 58-acre Camalier/Davis tract located in North Bethesda (better known as the Rock Spring Center). We previously represented the owners in obtaining rezoning for mixed-use development for the North Bethesda town center. We are now representing the client in the detailed site plan approval and all other regulatory processes associated with its actual development. We also represented IBM, Park Tower Realty and Hines Interests in redevelopment of 40 acres of office park with 1.3 million square feet of office density.
- The Village at Orchard Ridge (Winchester, Va.): Representing National Lutheran Home in a large new continuing care retirement community (independent living residences, assisted living residences and skilled nursing beds) that adjoins a town square with amenities such as a chapel, dining room with bar, mail room, library, games area, spa and beauty salon.
- Lockheed Martin International Headquarters (Bethesda): Represented national company in legislative and land use efforts for additional development on headquarters site, including company’s conference center.
- Numerous Condemnation Cases (Montgomery County): Represented many property owners in more than a dozen condemnation cases since 2006 that involved takings by the state, the county and other local agencies. Properties included industrial, commercial, multifamily, single family and mixed-use properties. Clients included corporations, developers, HOAs, condo associations and individual homeowners. Initial offerings from the governments totaled a little more that $13 million. We were able to achieve total settlements of close to $30 million. Cases were conducted (at the clients’ directives) on either a contingent or hourly fee basis.
- Washington Adventist Hospital (Silver Spring): Represented Adventist HealthCare in the site acquisition, subdivision and site plan approvals for new replacement hospital in an emerging biotechnology area near the Food & Drug Administration’s headquarters.
- Safeway (Bethesda): Represented national retailer in site plan approvals for replacement store with unique public amenities and issues on an urban site.
- Winchester Homes/Poplar Run (Silver Spring): Represented the client seeking land use approvals for the redevelopment of the former Indian Spring Country Club site into a 773-unit residential development.
- Chevy Chase Bank Headquarters/Round House Theater (Bethesda): Represented purchaser/developer in project plan, site plan and subdivision approvals for a 600,000-square-foot mixed-use office, retail and theater project at the main intersection in downtown Bethesda. We previously represented the bank in achieving first place approval in the Bethesda “Beauty Project” in which a dozen projects competed for limited development capacity and were ranked in their approval or disapproval. Also represented the bank in the land use approvals and permitting of nearly 50 branch banks over the past 30 years.
- Crescent Towers (Bethesda): Represented Landow Company in development of urban apartment complex subsequently converted to condominium use.
- Shady Grove Adventist Hospital (Rockville): Represented Adventist HealthCare, Inc. since 1976 in competitive site bidding, master plan, rezoning, subdivision and site plan approvals for new acute care hospital and subsequent additions, along with other related health care facilities (rehabilitation hospital; nursing home; psychiatric hospital; medical office buildings; system offices).
- Human Genome Sciences Headquarters (Rockville): Represented owner in site plan and subdivision approvals for 1.03 million square foot biotechnology headquarters complex.
- Airpark North Business Park (Gaithersburg): Represented owner in subdivision approval for 1.25 million-square-foot industrial park, subsequently sold to major regional builder in complicated swap transaction that won an award from NAIOP.
- Target at Montrose Crossing (North Bethesda): Represented national retailer in development plan, site plan and building permit approvals for new 100,000-square-foot retail store; unique challenges included the fact that it was a two-story facility with a five-level parking structure; it was built over the Metro subway tunnel and adjacent to the CSX railroad..
- Germantown Town Center East (Germantown): Represented Chubb subsidiary, Bellemead Development Corp., in rezoning, site plan and subdivision approvals of transit-oriented development of town center extension site for retail, theater and hotel uses.
- Euro Motorcars (Bethesda and Germantown): Represented owner in rezoning, site plan and subdivision approvals of award-winning mixed-use automobile dealership developments in urban locations.
- MetroPointe (Wheaton): Represented Bozzuto Development Company in development of Metro station site for 173 apartments with service retail facilities, and approximately 450,000 square feet of office uses.
- Washington Christian Academy (Olney): Represented school in master plan and subdivision approvals for new 1,100-student school campus on 59-acre site in environmentally sensitive area.
- National Lutheran Home (Rockville): Represented continuing care retirement community provider since 1950 in building expansions, relocation from Washington, D.C., special exception, subdivision and sewer service approvals for 30-acre campus with 300-bed nursing care facility, 105 independent living units and three subsequent additions.
- Home Depot (Montgomery County): Represented national retailer in obtaining all approvals for development of new stores in Montgomery County (Bethesda Expo, Shady Grove, Aspen Hill, Calverton and Bethesda Home Depot).
- Tipton, Thompson, Burton and other families (Montgomery County): Worked extensively with families owning large properties in planning and achieving development approvals of their properties, and then successfully obtaining sales of their properties for prices exceeding our clients’ original objectives.
- Bechtel (Gaithersburg): Represented international corporation in the project planning, site planning and subdivision for a new 200,000-square-foot office building, as well as the annexation, rezoning and redevelopment of its outdated office project for a new power center.
