Post #256: Town meetings this week relevant to MAC zoning

This week there there are two Town of Vienna public meetings directly related to MAC zoning.

On Monday, 4/29/2019, at 8:00 PM in Town Hall, the Town Council will hold a public hearing on 380 Maple West (39 condos plus retail, corner of Maple and Wade Hampton).

Citizens are invited to speak.  Please limit your remarks to three minutes per topic. 

Meeting materials can be found on this page:
https://vienna-va.legistar.com/LegislationDetail.aspx?ID=3929063&GUID=B36EEB43-5C4F-46D4-98BE-337EC9FDA106&Options=&Search=


On Wednesday, 5/1/2019, at 7:30 PM in Town Hall, all three governing bodies (Town Council, Planning Commission, and Board of Architectural Review) will meet in a joint work session to discuss amendments to MAC zoning. 

No public comment is permitted at this session.  There are no publicly-available meeting materials at this time.

Separately, not directly related to MAC zoning, on Tuesday 4/30/2019, at 8:00 PM in Town Hall, the Transportation Safety Commission will receive a briefing on the draft Street Safety Guide.  The Town is changing the procedures by which citizens may petition for traffic calming, pedestrian crossings, sidewalks, and other traffic safety measures in their neighborhoods.  This new process and manual will replace the “Citizen’s Guide to Traffic Calming” that has been used in Vienna for the past 17 years.  The new procedures and rules differ significantly from the old ones.

The existing traffic calming guide (.pdf) can be found at this link:  https://www.viennava.gov/DocumentView.aspx?DID=712

The most recent publicly-available version of the proposed Street Safety Guide appears to be from a 2/11/2019 Town Council work session:
https://vienna-va.legistar.com/LegislationDetail.aspx?ID=3855941&GUID=ECF06A05-C406-4A05-AE1A-525F1A777022&Options=&Search=

Post #255: Please read this week’s Sun Gazette

This week’s Sun Gazette has three articles that directly address development on Maple Avenue.  Plus a profile of the opening of a new bike trail here in Vienna.

And it would be great if the citizens of Vienna would read those articles. Except that, as far as I can tell, the paper wasn’t delivered to a large part of Vienna.  That happens from time to time.

And that’s a pity, give how important these issues are to Vienna.  And how on-topic this particular issue of the Sun-Gazette is.

You can access the .pdf version of this week’s Sun-Gazette at this link on their website (.pdf). Of particular interest are these articles, all by Brian Trompeter.  I’m not even going to reference my amateur discussions of these various issues.  Please read what a professional journalist has reported about these topics.

Page 1:  ‘MAC’ Is Hot Topic as Vienna Campaign Intensifies.  This is a summary of the recent National Active and Retired Federal Employees Association (NARFE)-sponsored debate held at the Vienna Community Center.

Access the article directly at this link.

Page 8:  New Trail Connecting Tysons, Vienna Dedicated.  This profiles the opening of a dedicated bike trail between the northern tip of Vienna and the Spring Hill metro station on the Silver Line.

Access the article directly at this link.

Page 10:  Critics Raise Red Flags on Vienna Development.  This is a discussion of the issue raised by the Vienna Board of Architectural Review (BAR), which had never seen the (greatly) revised plans for the Marco Polo/Vienna Market development.

Access the article directly at this link.

Page 11:  Town Attorney:  Vienna Can’t Delay Land Use Cases After May Election.  Fairfax County (usually) bars its Board of Supervisors from making rezoning decisions around the time of an election.   Town of Vienna has no such rule, and so our Town Attorney said that the various MAC rezoning projects must continue apace.

Access the article directly at this link.

Post #254: Sunrise: Skip the retail, skip the 5th floor, have a better building, set a better precedent

The Sunrise Assisted Living proposed for Maple and Center is an oddity in a lot of ways.  Step-by-step, the Town and the developer have arrived a compromise of a building.  It’s a building designed by a committee, in effect.  And if you work through how we got here, to this particular design, maybe you’d come to the conclusion that there might be a smarter way to do this.  Maybe a true four-floor building, with no ground floor retail, might make more sense than what we ended up with.  But the Town would have to give up its fixation on ground-floor retail space to make that happen. Continue reading Post #254: Sunrise: Skip the retail, skip the 5th floor, have a better building, set a better precedent

Post #253: Clarification for Post 245, the BAR meeting

In Post #245, I described the surprise that occurred at the most recent Board of Architectural Review (BAR) meeting.   Read that if you need the background.  Briefly: The building that the BAR passed was not the same as the building that the Town Council approved.

I described what happened, I did not talk about how that happened.  And because of that omission, some people got the wrong impression.  Case in point: A reader asked me how the Director of Planning and Zoning could have allowed a mistake like that to occur.

This made me realize that I should just lay out the situation, as I see it, as clearly as possible.  Even if it seems a little rude to some people.  Because that wasn’t a mistake. Continue reading Post #253: Clarification for Post 245, the BAR meeting

Post #252: 4/24/2019 Planning Commission meeting

See just-prior post for background. For this meeting, I stayed home and watched it via streaming.  My “pirated” copy of the Town’s video is available in this Google Docs directory.  (I recorded it as I streamed it.  The file is about 1.5 gbytes, “2019-04-24 Planning Commission …”)

I’m going to note some times at which various events take place in that recording, in lieu of my usual “index” file for the video recording.

The motion is for extending the MAC moratorium to November 15th.  I had incorrectly said October in my prior posting.

The motion for extending the MAC moratorium passed with little discussion.  For the Sunrise Assisted Living facility, the Planning Commission voted to keep the public hearing open, so that members of the public will have a chance to speak on this topic again at the May 8 2019 meeting of the Planning Commission.  Presumably, the Planning Commission will vote on the Sunrise facility at that time.

Detail follows.

Continue reading Post #252: 4/24/2019 Planning Commission meeting

Post #251: Tonight’s Planning Commission meeting

Tonight at 8 PM in Town Hall, the Planning Commission will hold public hearings on extending the moratorium on new MAC applications through October, and on a proposed Sunrise Assisted Living facility at Maple and Center.

I have decided that I don’t have anything worth saying.  So I will watch this this one at home.  You can see the broadcast live on Cox channel 27 on Cox or Verizon FIOS channel 38, or over the internet at this link (which only works for me with Chrome, but YMMV).

The extension of the moratorium is, I think, strictly pro-forma. Note that this not about what the Town should be doing, about MAC zoning, while the moratorium is in place.  This is just about whether or not to extend the moratorium.  As far as I can tell, this is merely the Town going through the legal motions required to extent the moratorium.  My only comment would be yes, please extend it.  Nobody needs to hear that.

On the Sunrise facility, I thought that the key issue was the 5th floor, and Town staff have pre-emptively made the mezzanine 5th floor legal in this case. Per the staff, it’s OK to separate the mezzanine from the floor below, with a wall, as long as the wall has some windows in it.  And I don’t mean “windows” as in openings, I’m pretty sure I mean “windows” as in “panes of glass set into the wall”.  And so, in Vienna, that constitutes “being open to the floor below”.

In the earlier drawings you could clearly count the five floors, but Sunrise went out of its way partially to disguise that in later drawings.  And they are asking for an extra-tall fence so you largely won’t be able to see the five-floor exteriors of the building.  So … not much value in complaining to the Planning Commission about that, either.  Can’t see it from home.

It’s a fair bet that, by allowing that here, this model will be copied in future buildings.  So builders will be able to use the mezzanine 5th floor for additional dwellings, and this precedent ups the density of future MAC buildings.  Not much point in saying that, though, because Town staff have already declared it to be legal.  Near as I can tell, they can’t un-declare it in this case.  And for the future, they can claim that each future case will have to be decided on its merits.  I don’t need to go there to hear that.

It looks like this facility is going to require deliver trucks to maneuver in the middle of Center street, and to back across the sidewalk into the loading dock. But the Planning Commission gave the OK to 380 Maple West, which has the same middle-of-the-street truck maneuvering.  So what am I supposed to say?  I still wish they wouldn’t do that?  This facility likely will have much more truck traffic than 380 Maple West (as all food/drugs/supplies for 100 residents will arrive by truck), and Center is a much busier street.  I doubt that either argument will much matter.  At least the surrounding street corners here are modern “radius” corners, and so the roadway is set up to deal with delivery trucks.

This one requires putting a gigantic detour into one of the main sewer lines in Town.  As a person who lives uphill of that point, I find that kind of worrying, but I’m not even sure that line serves my neighborhood.  (And, to put it bluntly, everyone who lives downhill of me will serve as a pressure relief valve in case that sewer main fails.)  I’ve never heard of that being done  — putting a big, flat bend in a sewer main … but I guess it’s doable or we wouldn’t be talking about it.  I certainly have no data-based way to question it.  If it worries me enough, I’ll take out the sewer backup rider on my homeowner’s insurance policy. I don’t see the value of taking up the Planning Commission’s time with a comment.

Something non-standard is going to happen to the bus stop that is there. But as far as I can tell, I’m almost the only person involved in any of this that has ever ridden the Maple Avenue Connector bus (Post 225).   FWIW, I liked the bus so much that I routinely take it now to get up and down Maple.  But I realize that, despite all the talk about “multi-modal” transport, nobody involved in this really cares about the bus service.

Otherwise, it’s a standard MAC building, in that it occupies more-or-less every cubic foot allowable under MAC. There’s a “pocket park” on the side, but that’s only there because the sewer right-of-way that has to be maintained so that the Town can drive trucks up to the sewer clean-out.  The back actually sits a few feet further from the lot line than is legally required.

I guess the deciding factors for me are that a) this is squarely in the commercial district and does not adjoin residential property and b) from what I hear about a similarly-situated building in Falls Church, an assisted-living facility really doesn’t much burden the surrounding area. In so many words, it’s a fairly low-key use of the property.  I don’t like the height, I don’t like the size, I don’t like five floors, I don’t think this will fit into the Town of Vienna at all.  But given that big lot-filling buildings are what the current Town Council wants, and has made legal via MAC, given the caveats above, this one is about as un-objectionable as it gets.

Otherwise, ignore all the blather about what a boon this is for the Town.  It’s really just another business.  The Town’s tax take from this facility will be small, in large part because it provides is services and there’s no sales tax on services.  (Falls Church lists assisted living as among the least beneficial land uses from the standpoint of generating additional tax revenues.)  And we have many assisted living options nearby, and more are being built ( post #205).

Best guess, based on the total elderly population of Vienna, at national average use rates, Vienna needs about 40 assisted living beds to serve our entire population.  (We might actually need more because we are much wealthier than average, but I could not find data from which to make a reasoned judgment about how many more we would need.)  And the average tenure in an assisted living facility is well under two years.  So this may be a convenient option, but this one building is hardly make-or-break for quality of life for elderly residents of Vienna.  It is a normal and seemingly reasonable modest addition to our local health-care infrastructure.

 

Post #250: Oh, you never said that it had to be the same building.

InsideNova reported on Maro Polo yesterday. And while they got the details right, I really think that they are missing the big picture.  Among the responses I have seen is a sentiment of “good for the Board of Architectural Review”.  And that sentiment — while nice –is definitely missing the forest for the trees in this case.

In some sense, valuing the role of the BAR here is like valuing the services of a trauma surgeon after you’ve had a car wreck.  It would be a much smarter policy to avoid the car wreck in the first place.

In this post, I’m going to try to point out just one big-picture issue.  The Town did not review one building.  The Town reviewed two very different buildings, at different times.  And despite that, the claim is that this meets the letter of the law.

To be clear, the original design — and the only design seen by the BAR — was for an ornate, turn-of-the-century Georgetown-style stone/red brick/wrought iron building.  But the final design appears to be a plain-vanilla brown-brick building with more-or-less blank walls facing both Maple and (particularly) Church.

Let me explain why that’s crazy, from the standpoint of logic.  For a building to be approved under MAC, it has to pass review by:

  1.  The Board of Architectural Review (BAR), primarily focused on how the building looks, and whether it will fit in with the Town
  2. Planning Commission (PC), which asks whether the building fits into the Town’s master plan and appears to conform to all the zoning rules.
  3. Town Council (TC), which … does what it does.  Near as I can tell, the Town Council can approve or disapprove things without a whole lot of justification.

Here’s the crazy part:  Up to now, we had been assuming that the same building had to pass all three stages.  But now — if this flies — that no longer appears to be true.  You can present materially different buildings, to different parts of Town government, and still claim to have satisfied the letter of the law. The BAR only saw the Georgetown-style building.  They saw nothing of the building that the developer is getting ready to build.  The Planning Commission saw only the Georgetown building at their first meeting, and then were given a mix of renderings of the old (Georgetown) and new (Chicago alley) buildings at their second meeting.  Town Council was given renderings of both buildings, but seemed fully aware that the new (Chicago alley) building is what was going to be built.  Only in passing was it mentioned that the BAR reviewed the Georgetown building.  It was never made explicit that the BAR had never even seen the building that the Town Council was getting ready to approve.

But the Town Council approved it, with a fairly cavalier acknowledgement that this would have to be re-reviewed by the BAR before it was built.

And now, here we are.  This building — that the BAR has never before seen — gets tossed to it for “re”-review.

The upshot is that instead of asking the BAR to guide the architecture, we’re asking them to clean up end results.   For example, Town Council repeatedly pointed out the blank end walls facing Maple, on the revised version of the building.  And noted that something needed to be done about them.

These are ugly blank walls that didn’t exist in the version the BAR approved.  They are part of a building that the BAR had never seen before.  And yet, it’s now the BAR’s problem to deal with them.  If they can.  Almost a year after the Town Council approved the building on 5/7/2018.

But here’s the kicker:  The BAR may not have the final say-so in how the building will look.  As I read MAC statute, the Director of Planning and Zoning is the sole arbiter of whether a variation of a building is “in substantial conformity” with the proposed plans.  The BAR can do anything they want to, and Planning and Zoning can overrule that at any time, just by declaring there to be “substantial conformity” with the original (October 2, 2017) submitted plans.

Just in case you haven’t gotten it by now, I’ll say it plainly.  This is NOT how this system is supposed to work.

 

Post #249: Chicago back alley

In my Post #245, I compared the unadorned brick faces of the proposed Marco Polo building, complete with bricked-up windows, to “a Chicago back alley”.

A colleague has taken me to task on that statement. As a former resident of Chicago, he found that to be grossly unfair to Chicago alleyways.  After the Great Chicago Fire, the city was rebuilt, largely using brick.  And the typical Chicago building, he claimed, has much more interesting brickwork than the plain, flat faces of the proposed Marco Polo building.

In fact, owing to Chicago building code, Chicago developed its own, unique brick — Chicago Common.  His argument is that the rough, irregular and multi-colored surface created by Chicago Common is more visually interesting than the uniform, flat brown faces of the proposed building.

You can’t argue about taste.  But you can argue about what is or is not masonry.  Masonry is brick, block or stone, laid up with mortar, by a mason.  Masonry is hand-made and, as such, it will contain irregularities owing to the imperfect skill of the mason. If you look it closely, you can see the small variations in an actual masonry wall.

Much of what you see on new buildings may look like brick, but it isn’t masonry.  It’s pre-cast panels made to simulate masonry.  (Google precast brick panel, or see here, here, here, here or here for examples.)

To me, those panels are always “too perfect” to pass as real masonry.  Nobody, it seems, ever thinks of casting in random imperfections to make these panels pass as actual masonry.  And one of the things I dislike about modern buildings is that they may try to look old — they may try to make something look like a masonry wall — but they don’t even try to disguise the machine-made look of their imitations of traditional construction materials.

The lack of actual, random, real-world variation leads me back to the building in question.  In general, a bricked-up window is a mistake.  It’s an ugly after-the-fact fix for some unique change in situation in the use of a building.  But at least you can say, a genuine bricked-up window shows that a building is old.  At least, it’s old enough that the use of the interior space has changed since it was built.

The bricked-up windows in the illustration above are exactly what I mean by a lack of actual, random real-world variation.  Word is that a bricked-up window gives the impression of age to a building?  Great, each face shall have exactly two such windows, located in exactly the same place.   Built into the pre-cast concrete imitation masonry siding.

I suppose that the precision and regularity of those panels appeal to some people.  Some people just like buildings to look neat and tidy.  And so they actually prefer the imitation of masonry to the real thing.  And prefer that each unit have its precise allocation of exactly two bricked-up windows.

But to me, when I see those precisely placed and perfectly replicated planned irregularities, my only reaction is “surely you could do better than that”.  But maybe my ideas are shaped by actual masonry, and within the context of precast panels — maybe they can’t do any better than that.

I have no idea what the BAR will do, or even can do, with the current plans for Marco Polo.  But any improvements would be appreciated.

Post #248: The collapse of the bezzle

I’ve been trying to come up with the right metaphor for what occurred at last Thursday’s meeting of the Board of Architectural Review (Post #245).  I’m an economist, and, at the risk of being a little strained, let me introduce one of my favorite economic concepts:  the bezzle.

The bezzle.  In his book “The Great Crash 1929”, economist JK Galbraith defined the bezzle as the “inventory of undiscovered embezzlement”.  At any one time, it’s the total amount of money in the US economy that has been stolen, but for which the theft has not yet come to light.  (Galbraith’s main point was that the size of the bezzle moves in tandem with the business cycle.  When times get tough (as in the post-1929 period), frauds are uncovered and the bezzle shrinks.)

Galbraith pointed out that the bezzle creates a temporary increase in the total sense of well-being. Both the thief and the victim think that they own the money.  The bezzle allows a sort of double-counting:  thief is pleased to know they’ve stolen it, and the victim is pleased to think that they still own it.  The total perceived well-being exceeds the actual well-being.

When the embezzlement is discovered, that temporary excess sense of well-being collapses. The embezzler’s status is unchanged, but the victim realizes they’ve been had.  Or the embezzler goes to jail, and the victim is made whole.  Either way, there’s some misery involved.

And so, the collapse of the bezzle is the best metaphor I can give for last Thursday’s BAR meeting.  The BAR thought that the Marco Polo site was slated to be filled with a stylish, unique, turn-of-the-century Georgetown stone/brick/wrought-iron building.  Which would have been quite expensive to build.  While, simultaneously, the builders thought that the Marco Polo site was going to be filled with a run-of-the-mill standard-NoVA-sprawl unadorned building.  What I called the “Chicago back-alley” building.  A building that would be much cheaper to build.

The difference in cost between those two buildings is our bezzle.  It’s an amount of money or value that both parties to the transaction thought that they owned.  Until last Thursday, both the BAR and the Builder were happy about the building.  Only, they weren’t talking about the same building.

And that’s why the builders showed up, bricks in hand, last Thursday.  The new owners of the Marco Polo development thought this was a clean, done deal.  From their standpoint, the goal of last Thursday’s meeting was to get on with the formality of having the BAR approve the materials to be used, so that they could start construction.  And, instead, what they got was the BAR’s discovery of the bezzle.  Which is this case is the gulf between the “Georgetown” building that the BAR passed, and the “Chicago alley” building that the builder planned to build.

The collapse of the bezzle is never fun.  One of the two parties here is going to end up being aggrieved by the results.  I can’t even begin to guess how this will be resolved.  But it’s a pretty good guess that it’s going to be unpleasant for somebody.

DISCLAIMER:  I’m not saying that anybody embezzled anything.  Again, this is a metaphor for what happened.  I am saying that there is a big difference between what the Town thought it was getting and what the builder thought they were building.  That difference allowed both parties some undeserved happiness.  And that excess happiness evaporated last Thursday.

Post 247: The hundred-day rule

This is a re-posting of material that I posted earlier this year, with just a little additional information.  The gist of this is, maybe now is a good time to review the 100-day rule that the Town adheres to in rezoning matters.

Nearly every other government entity in the Commonwealth of Virginia gives the governing body (.e.g., Town Council, City Council, County Board of Supervisors) one year to make rezoning decisions, once the Planning Commission has reached a decision.  But in the Town of Vienna, we say that the Town has just 100 days to make such decisions, including both the decision by the Planning Commission and the decision by the Town Council.

And when you figure out how long it takes the Planning Commission to come to its decision, then factor in the need for a public hearing by the Town Council, this means is that you get some very rushed decision-making by the Town Council.  Continue reading Post 247: The hundred-day rule