Post #287: A new low for Town of Vienna government

The family who lives in the house directly behind the proposed 380 Maple West is a military family.  Combat veterans.  They bought that house in 2016, and they didn’t know what was planned for 380 Maple West when they bought it.  They are going to take a beating on this, one way or the other.  And they have vigorously protested the building as planned, for good reason.

Now put yourselves in shoes of Town government, and ask yourself:  what more could you do to @#$% with that family?  What else could you do to rub a little more salt in the wounds?   I know, how about we seize a chunk of their front yard for a sidewalk — in order to make the developer of this new building look better.

For 70 years or so, that section of Wade Hampton has been there without a sidewalk, and the Town didn’t care.  But now, somehow, it’s imperative to seize part of that family’s land.  Right now.  As part of this transaction.

Think I’m kidding?  Search “Press the neighbors” in Post #274 to see the background.  Then look at the plans, as posted on the Town’s website (.pdf).

So, a special shout-out goes to Sienecki (I believe), who first suggested it, and Noble, who pressed the point, as described in the link just above.  Thanks to both of you for the idea of seizing that land, right now, as part of this deal.

Oh, I almost forgot?  How did this military family find out that the Town was considering seizing a bit of their front yard?  Surely the Town would do them the courtesy of telling them?  Nope.  They found out by having somebody read through the plans and spot that.

So, thanks Town of Vienna.  It’s good to know you treat all the peasants equally, even those who served our country.  I guess that’s what they get for raising a fuss, eh?  And let that serve as a warning to the next citizen who dares to raise his or her voice.

In all seriousness:  Town of Vienna, please drop this for now.  Please show just the tiniest bit of compassion for some of your citizens.  This family is already going to bear the largest impact from your decision to allow these big buildings directly adjacent to residential areas.  Escrow the money that the builder owes for the back sidewalk on the property, for now, and if you must, bring this up at a later date.

Post #286: Just poking the bear.

One of the fascinating things about MAC zoning is just how — ah — malleable the arguments in favor of it seem to be.   You will have to have been following this for a while for the next few paragraphs to make sense.

MAC was all about preserving small town Vienna — until some Town Council members positively repudiated that and called for “small town” to be removed from the statute.

The beautiful “Statement of Purpose and Intent” in the law provided the Town Council with absolute control over what was built.  So that made this vastly preferable to “by right” development, where builders have the right to build anything that meets legal requirements.  Until the Town’s lawyer said, near as I can tell, just a month ago — nope.  The “Statement” was unenforceable, and the Town had to approve any building that met the legal requirements.  (I.e., builders have the right to build anything that meets the legal requirements.  Which is kind of like by-right, isn’t it.  And which begs the question of why the Town Council bothers to vote at all.)

MAC limited buildings to four floors — until five floors was OK, as long as the building had the appearance of four floors.  Or five floors were OK all along, people didn’t understand what “mezzanine” meant.  Or the mezzanine rules only apply to residential mezzanines.  Or something.

Oh, and MAC couldn’t possibly work with anything less than four-story buildings,  because builders could not possibly build three-story buildings profitably.  Until one was proposed — presumably profitably — a block away on Church Street.  And then, out of the blue, Town Staff decided that dropping the height limit to three floors was perfectly acceptable change for a tiny portion of Maple Avenue, under a revised MAC statute.

MAC was about revitalizing Maple Avenue retail — until Town Staff had to propose arbitrary requirements for minimum amounts of retail, because, as it turns out, MAC is all about housing, not retail.  And otherwise builders would build as little retail space as possible.

MAC is about a process that ensures quality buildings by requiring review by three bodies (BAR, PC, TC), and demands the highest architectural standards.  Until somebody on the Town Staff pulled a switcheroo for the Marco Polo developer, and quietly substituted some partial sketches of a vastly cheaper minimalist modern building in place of the stone/red-brick/wrought iron “Georgetown” style building approved by the Board of Architectural Review.  And despite the fact that somebody on Town staff did a heck of a favor that will save the builder millions of dollars, the Town refuses to hold any sort of formal investigation of how that happened.  Just trust them.

If you found all that confusing, let me just sum it up for you.  If you step back from the process, to a pretty good approximation, MAC is about justifying whatever it takes to get the next building approved.  Plus whatever whims or fancies Town Council wishes to impose.

I could go on, but I’m just going to point out one more because, as far as I can tell, we have collective amnesia about this one.  Can you recall the absolutely critical “Community workshops” that the Town held on MAC zoning?  As written up in this post.  Does anyone but me recall the clear statements by our Town leadership that discussion on MAC could not proceed without the critical feedback those workshops would provide?

Now, can you recall how those workshops completely changed the direction MAC took?  You probably can’t because … nothing happened.  Those workshops were held at the end of March.  The Town put .pdf images of the hand-written comments on line.  And, near as I can tell … that’s it.  Nothing happened.  And, as importantly, nobody seems to care that nothing happened, or looks like it will happen, as a consequence of those workshops.

So, to all of the above, we can add that this (structured and frankly biased) community feedback exercise was critical to our thinking about MAC.  (Really, go back and listen to the audio in the post cited just above.)  Until it wasn’t.  And nobody cared.  Heck, besides me, I doubt anybody even remembered.

I’ll repeat here what I said in post #262:

I’m not confused because I’m stupid.  I’m confused because I’m paying attention to what they’re saying

And I record it, and write it down, so I can remember it.  About 90% of what I do on this website is that, period.  And if the results make the pro-MAC Town leadership look a bit inconsistent — that’s only because they are.

 

Post #283: BAR work session 5/24/2019, Vienna Market/Marco Polo

The Board of Architectural Review (BAR) held a work session this morning with the architect and developers for the Marco Polo/Vienna Market site.  The upshot is that the BAR looked at some changes in the proposed plans and said, in effect, that’s a good start.  They asked the architect to bring back a new plan that fully equaled the originally-submitted plans in terms of articulation, texture, and richness of design. Continue reading Post #283: BAR work session 5/24/2019, Vienna Market/Marco Polo

Post #282, Planning Commission final meeting on Sunrise assisted living

The Town of Vienna Planning Commission approved revised plans for a Sunrise assisted living facility at Maple and Center Streets.  The revised plans were the same as those that were introduced part-way through the last Board of Zoning Appeals meeting, and included:

  • the near-elimination of the retail space.
  • elimination of the mezzanine floor (i.e., the 5th floor)
  • reducing the 8′ fence behind the building to a standard 6′ fence.

I have placed my audio recording (.mp3) and “index file” to that recording (.xls) in this Google Drive directory.  Download both files (“2019-05-22 Planning Commission …) if you want to find and listen to specific parts of the discussion.

To see the updated plans, go to this webpage, and click for this .pdf document.  Floor plans and pictures start on page 12, the pretty pictures are on pages 19 and 20.

Those are the facts.  The rest of this is my highlighting of a few issues, and my speculation on what the Town Council ought to do (add public parking!). Continue reading Post #282, Planning Commission final meeting on Sunrise assisted living

Post #238, Revised: Wade Hampton Parking

In my initial write up of this, I swapped Park Street and Center Street while looking at Google Maple satellite view.  This post corrects that, but also corrects my statement that Center Street south of Maple is 32′ wide.  It is 32′ wide well away from Maple, but widens as it approaches Maple.   At Maple, it is substantially wider than the 32′ proposed for Wade Hampton Drive.

A corrected and revised posting follows.

My earlier contention (Post #232) is that 11 people can park legally on Wade Hampton now, and that, looking at the diagram of the future Wade Hampton, with the majority of it striped to accommodate three lanes at the end, almost all of that parking would be eliminated.

The Town, as reported by the developer, says otherwise.  In particular, the report was that no parking would be eliminated on the side of the street across from 380 Maple West.

What’s the correct explanation?  Somebody has to be wrong here.  At this point, the easiest way to resolve those two views is to suggest that the diagram of the street, as offered by the builder, is incorrect.  As long as you take away almost all the lane striping that is shown, and make the street more of a free-for-all, then you can plausibly claim more-or-less no loss of parking on the west side of Wade Hampton.

To be clear, you have to assume that the lane striping on the 32′-wide Wade Hampton will be nothing like the striping on the 32′-wide Park Center Street, as it meets Maple. Even though the setup (one lane incoming, two lanes outgoing) and width (32′) are the same.  And even though the striping on Park Center Street is almost identical to the builder’s diagram.  But if the Town stripes Wade Hampton as it did Park Center, all streetside parking would be eliminated.

So, I could be dead wrong.  But I had some help getting there.  To get to the Town’s reported position: you have to ignore the Builder’s drawing of Wade Hampton, you have to ignore the real-world example of Park Center Street at Maple, and you have to ignore one legal space on Wade Hampton that nobody uses anyway.  And if you do that, and leave most of Wade Hampton as a free-for-all, so that we can drive down the middle of the road as we see fit — then you can see that the Town’s reported claim of no parking loss is credible.

Detail follows:

Continue reading Post #238, Revised: Wade Hampton Parking

Post #279: Beds/acre for Sunrise in Northern Virginia

The Sunrise Assisted Living facility proposed for Maple and Center streets seems to me to be a very space-constrained building. They have managed to create plans for a 100-bed facility on this site, but with little space to spare.

For example, many comments in public meetings have pointed out that the proposed level of parking appears inadequate.  Further, Sunrise had to include a partial (mezzanine) 5th floor in order to get a facility with 100 beds.  And they appear to have been unable to get both 100 beds and an all-retail first floor without including an illegally-large mezzanine 5th floor (a layout that was abandoned early on).

But is it true that this facility is a “tight fit” for this lot, or is it just my impression?  It’s not as if I’ve seen a lot of plans for assisted living facilities.  How can I tell, objectively, how this proposed building ranks in terms of being a “tight fit” on the lot?

In this post, I  compare the proposed Vienna facility to other Sunrise facilities in Northern Virginia in terms of beds per acre.  The upshot is that the proposed Vienna facility is quite an outlier  in terms of beds per acre.  Objectively, this does appear to be a “tight fit” for Sunrise in this location, based on my calculation of beds per acre.

Detail follows.

Continue reading Post #279: Beds/acre for Sunrise in Northern Virginia

Post #278: The former Sandy Spring Bank location

At the last Town Council public hearing on 380 Maple West (39 condos plus retail at Maple and Wade Hampton), one of the pro-MAC speakers brought up the empty space at the Leslie’s Pool building. It seems to have been vacant for an unusual length of time, and it abuts what appear to be a couple of thriving restaurants.  That’s a little economic puzzle, and I thought I’d try to figure that out.

The answer is that the space is occupied — by the ghost of the former tenant, Sandy Spring Bank.  Near as I can tell, a) Sandy Spring Bank continues to pay the rent on its lease, b) that bank is trying to sublet the space, but c) the lease specifies sub-standard parking for the Sandy Spring side of the building, and d) in all likelihood, Sandy Spring Bank has minimal flexibility in how they sublet the space.

In other words, the space is empty as a result of the ongoing aftermath of an unsuccessful business decision by Sandy Spring Bank.   The property owner is being paid and so probably doesn’t care that the space is empty.  And Sandy Spring Bank likely can do little to sublet the space, other than advertise it as it stands:  $60/sq ft/year in total costs, and just ten parking spaces.

To be clear, it’s not an indication of decay on Maple Avenue.  It’s an indication that, sometimes, business decisions go wrong.  And that if you have deep pockets, and you sign a commercial lease, one way or the other, you are stuck paying for that property for the duration of the lease.

Detail follows.

Continue reading Post #278: The former Sandy Spring Bank location

Post #276: Board of Zoning Appeals meeting on Sunrise, 5/15/2019

Sunrise assisted living would like to put a (roughly) 100-bed assisted living facility at the corner of Maple and Center.  Assisted living is a “conditional use” under MAC zoning, which means that Sunrise had to ask for a conditional use permit (CUP) from the Vienna Board of Zoning Appeals (BZA).  The BZA heard that request from Sunrise last night, along with testimony from a couple of citizens. The BZA approved the CUP.  So this now goes to the Town Council for a public hearing on June 3.

There are few noteworthy things about this meeting.  More for the process issues than for the content.  I think it was a foregone conclusion that the CUP would be issued.  But how it was issued was, unusual, even in the context of MAC zoning.

You can download or listen to my audio recording of the MAC-related portion of this meeting at this Google Drive link.  Look for “2019-05-15 …”.

 

Continue reading Post #276: Board of Zoning Appeals meeting on Sunrise, 5/15/2019

Post #275: This ‘n’ that

Just a collection of a few items that I did not want to pass unnoticed.

Board of Supervisors Debate:  Tonight, 5/15/2019, from 6 PM to 9 PM, in the Community Center, come see the five Democratic candidates for Board of Supervisors member from the Hunter Mill District.  Odds are good that one of these people is going to be our next representative on the Board of Supervisors.  They will be asked a series of questions about how they would treat the Town of Vienna if elected.  Go to Post #271  to see my writeup, and go to this Facebook page to see an invitation for the event.

Wawa’s hours remain unknown — but not really. At last Monday’s Town Council meeting, Councilman Noble asked Planning and Zoning what the hours were going to be, for the new Wawa.  I thought it was good of him to be concerned.  But nobody knew.  I didn’t know.  But I now see that every Wawa in the DC area is open 24 hours a day.  As are both 7-11s in Vienna.  It’s a good bet, then, that the Wawa will be open 24 hours a day.

Projections of Town tax revenues under MAC — can we please have someone put down, in writing, exactly what you want? As an economist by trade, I can tell you, it’s not that simple and there’s no one right answer.

Some tax projections were presented at the last Planning Commission meeting, for the Sunrise assisted living facility.  They were criticized as being “not right”.  The issue isn’t the projected tax take from the new building (the Town’s numbers were similar to what I had guessed in this post (search BPOL), some months ago).  The issue is, what’s the correct baseline for comparison, so that you can figure out the additional revenue (or cost) from this new development?

And for that one, there is no one right answer.  And so it’s not reasonable to throw this question at the Town’s finance department without clear guidance as to what you want.

In my opinion, you need to see two or three different baselines to understand what the likely benefit or harm to the Town’s revenues would be from accepting any one particular project.

First, obviously the Town should show the expected revenues from the new project.  If there are retail sales of goods, or meals, some estimate of the Town’s share of local sales tax and the meals tax revenues should be included in that.

Next, I think the Town should show plausible revenues from the existing commercial (“by-right”), construction, which should have two parts.  Part 1, what was literally the tax take from this property, last year.  This disregards (e.g.) that the businesses may have shut down.  Part 2, what was the historical tax take from this property back when the businesses were healthy?  That might be defined empirically as the maximum tax take in any year in the past decade, inflated up to the current year using (most likely) the average annual increase in Town tax revenues (or similar) between the “healthy business” year and the current year.

This estimate might require the cooperation of Fairfax tax authorities, because Fairfax is the entity that collects the “income tax return”-type information from the property owners.  So, e.g., Fairfax may know more than we do about the revenues generated by those properties in the past.

Note that, up to this point, this is all reasonably objective data.  Plus or minus some judgment as to when the businesses on that land were last “healthy”, these are all things that can either be directly looked up, or estimated using some standard set of methods and assumptions.

But in addition, I think there should be one more scenario: Revenues under the best economically-viable “by-right” redevelopment of the property.   I.e., what would the tax take be under the best likely use of the land if there is no MAC redevelopment.

The “by-right” scenario has been so mis-used in the analysis of MAC so far (once for scare tactics on traffic for 444 Maple West, once for scare tactics on building size for 380 Maple West) that I hesitate even to bring it up. So, if the Town is going to continue to see that as merely an opportunity for scoring points, then forget it.

But, plausibly, this could be used as a way to rein in the “by-right” scenario by making it conform to some set of rules.

If nothing else, you could just average up all of Maple commercial property on a per-acre basis, multiply by the number of acres in question, and present that under the assumption that, hey, on average, new “by-right” would do about the same as existing “by-right”.  Likely, that understates what new construction should be able to generate (you’d create something to match current demand, not something that worked well decades ago).  My only solid point here is that a complete analysis of the economic benefits should include, if possible, a thoughtful and well-reasoned analysis of the best economically-feasible by-right development.

Finally, because the MAC projects include a housing component, a proper analysis ought to include both other revenue impacts (e.g., water and sewer bills, less the Town’s cost for the water), and some estimate of additional costs that the new residents might impose on the Town.  My guess is that these will likely be either too small to worry about, or too nebulous to pin down.  And so, those should be presented in a separate set of figures.  That said, if we are looking at the potential for (e.g.) 7000 new residents (70 out the 100+ MAC acres redeveloped at an average of 100 persons per acre), in the long run, you have to include some consideration of additional costs in serving that additional population.

FWIW, if you look at Falls Church’s economic analysis of tax revenues per acre, from various types of development, assisted living is very close to dead last.  I believe that’s because Falls Church collects all of the local sales tax revenue, and there is no sales tax on services.  I’m not sure how that would work out for Town of Vienna.

If you want to see some data on assisted living in Fairfax County, see Post #205.

Post #274: The 5/13/2019 Town Council meeting — updated 5:30 PM 5/14/2019

Last night, the Town Council had (what turns out to be) just the second part of its public hearing on the proposed 380 Maple West development (39 condos plus retail, corner of Wade Hampton and Maple.   The audience more-or-less filled Town Council chambers.  Town Council took public comment, and had a bit of discussion, but that was about all.   They’ll have yet a third session of the public hearing on this on June 3.  Read below to understand why that third session of  the public hearing has nothing to do with wanting to hear from the public.

As usual, my recording and Excel “index” file are posted at this link on Google Drive.  Look for the .mp3 and .xls files “2019-05-13 Town Council …”.  Use the index to find passages you want to listen to, then go to the indicated offset in the audio file to listen to them.  The Town will eventually post the video for this, which you should be able to find via the link that says “video” on the Town’s website home page.

My overall impression:  Based on the near-silence from the pro-MAC Town Council members, I think it’s a foregone conclusion that this one is marching toward being passed.  As it turns out, the Town did not follow required legal processes, there’s going to have to be a third session of the public hearing so they can pretend to have followed the law, the written proffers were missing and/or handed to the Mayor at the last minute, the depiction of truck access was wrong for the third or fourth time,  the whole undergrounding-the-utilities-thing is still up in the air, there’s a basic misunderstanding about what counts as “pervious surface”, and so on.

To me, all of this sloppiness seems consistent with the actual decisionmaking:  The pro-MAC Town Council members are going to vote for this under any circumstances.  So it doesn’t really matter whether they’ve followed the law, or what state the application is in.  Or that two of the “yes” votes are lame ducks — something which Fairfax County explicitly bars in its deliberations.  The only thing they can’t be sloppy about is the timing of the vote.  They have to have that occur before the new Town Council members are seated.  And it certainly appears that they are doing everything to ensure that happens.

So, in terms of what matters — getting it done before the new Town Council members are seated — this process is tight as as drum.  In terms of everything else, not so much.

Detail will follow.  I will be adding to this throughout the day.

Continue reading Post #274: The 5/13/2019 Town Council meeting — updated 5:30 PM 5/14/2019