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By CITY ECONOMIC DEVELOPMENT OFFICE
September 11, 2012
Shopping Center News:
Honey Baked Ham Store – (old Jerry’s Subs space at Broaddale). Honey Baked Ham is relocating to the City from Idylwood Plaza in Fairfax County. Owners hope to open on Friday, October 7.
Famous Dave’s - (in the old Pancake House space at Broaddale) opened officially on Aug. 29.
BB &T Bank (at Falls Plaza/former Chicken Out) – Revised site plan for demolition of the old Chicken Out and a new drive-thru bank in this location has been approved by the Planning Commission. Sewer capoff and demo permits have been issued, but it is uncertain as to when demolition and construction will commence.
101 E. Annandale Road Shopping Center – De/reconstruction of building is underway on same foundation.
Mixed Use Project News:
Spectrum residential condos – (444 W. Broad St.). As of August 24, 98 units settled, 15 are Pathway to Homeownership (rental) and 7 units have ratified contracts, leaving 68 units left to sell. The Spectrum will no longer be renting units or renewing leases. As leased units complete their lease term, those units are put on the market for sale.
Spectrum retail – Signed letter of intent for 1,500 square feet; expect a month or more before a possible lease might be signed.
Spectrum office condos – (431 Park Ave.) $265 per square foot to purchase plus tenant improvement allowance. The Spectrum is no longer offering an option to lease any of this office space.
Pearson Square Apts – (410 S. Maple Ave.) Now 94% occupied.
Pearson Square retail– In a conversation with the owners of Pearson Square late in August, they mentioned they plan to build out the space between the new Edward Jones office and Creative Cauldron to try to attract a user for the space. They are also working with a prospective user for space located up from the Pearson Square leasing office.
The Byron – (513 W. Broad St.) Special exception amendment (SEA) application to grant additional leasing flexibility for professional office/office use in the vacant ground floor space was approved by City Council on July 25. The Byron owner has engaged a new leasing broker who has listed the space in Co-Star and has new leasing signs up in the windows. Broker reports increased interest in space in the building and is working closely with the City to find suitable tenants.
Flower Building – (800 West Broad St.) Sfizi Café (http://www.sfizi.com/) is open!
Broadway/retail space – (502 W. Broad St.) Wise, LLC purchased all of the retail space on Nov. 15, 2010 for $4,115,900. They currently operate pain clinics at Washington Hospital Center and in D.C., Leesburg, Woodbridge and Utica, N.Y. (www.killpain.com). They have confirmed that they plan to open a clinic in the old Hollywood Video space but are in no hurry to do so at this time.
Northgate – (472 N. Washington St.) Demolition began but was suspended. “Dig” for the underground parking garage is expected to begin soon. Off-site construction vehicle staging/parking plans are being finalized.
706 W. Broad/Hilton Garden Inn – SEA was approved. Variance for Board of Zoning Appeals scheduled for September 15 for additional building signs. A Planning Commission public hearing on site plan is expected in October but as yet unscheduled.
Real Estate and other News:
709 W. Broad/Old Stacy’s Coffee Parlor - New “Space Bar”, by owner of Galaxy Hut in Arlington, hopes to open in November/December. They have filed for their ABC license. They hope to offer live music (small groups) and will have a full kitchen that will be vegetarian friendly. Beer-focused venue also to serve wine; no hard liquor.
360 S. Washington Street – Purchase of the building is expected by mid-September. A purchase contract also is pending for 500 W. Annandale.
917 W. Broad/El Zunzal – Dominion Jewelers now owns this property/building and are awaiting approval of plans to demolish and rebuild a new two-story building. The site plan is pending. El Zunzal will cease operations once demolition plans are approved and demolition is scheduled. An Architectural Advisory Board hearing on September 7 went well. A Planning Commission hearing is set for September 19.
Old Syms site – (1000 E. Broad St.). 24-Hour Fitness had hoped to open by the end of 2011 but it will now likely be in early 2012. Financing for tenant improvements is taking longer than expected.
By FALLS CHURCH TIMES STAFF
July 15, 2011
Yesterday, Mayor Nader Baroukh and other City officials participated in the groundbreaking of the Northgate. First proposed by Hekemian & Company over seven years ago, the project is located at former site of the Pearson Funeral Home at the corner of N. Washington and E. Jefferson St.
“After enduring – we all hope – the worst days of the recession, we can celebrate the start of construction and the transformation of this property, which is important to the City’s image and its economic health,” said the mayor.
The Northgate is intended to help enliven the North Washington area of Falls Church City. The project is a short walking distance from the East Falls Church Metro Station and regional access that will connect the City to Dulles Airport via the new Silver Line. As a transit-oriented development, the Northgate will produce 95 new apartments and 10 rental town homes. Seven of the units will be designated as affordable dwelling units.
The project also offers 15,000 square feet of office space and nearly 23,000 square feet of retail and restaurant space. “We all have a stake in seeing the Northgate become a hub of commercial activity with appeal to both the immediate neighborhood and customers from outside the City,” Mr. Baroukh said.
The mayor expressed his gratitude to the residents of the East Jefferson Street neighborhood and to all City residents who participated in the evolution of the project by providing input during each phase of its review and approval process. He also thanked Chris Bell of Hekemian and City staff under the direction of City Manager Wyatt Shields and the late Dan McKeever in guiding the Northgate from concept to reality.
City Council members Johannah Barry, Lawrence Webb, and Ira Kaylin, Economic Development Authority Chairman Dave Tarter, Planning Commission chair Melissa Teates, and many other officials also attended the groundbreaking ceremony.
The Northgate was approved by the Planning Commission and the City Council in 2007. Construction is scheduled to be completed in 2013.
The architecture of the Northgate will be unique in the City. The design, by MV+A Architects of Bethesda, will reflect materials and features common in buildings along Connecticut Avenue in NW Washington, DC.
The site is the location of a presidential visit to Falls Church. Exactly one hundred years ago next week, President William Howard Taft spoke on the stairs of the former home of Dr. Tunis Quick to a gathering of about 300 Falls Church residents. The president was on his way to the site of the first battle of Bull Run to commemorate the 50th anniversary of that event.
His visit will be reflected in an historic marker on the site. There also will be a marker that explains the history of the site from its colonial origins through its most recent function as a long-standing Falls Church business location.
By GEORGE BROMLEY
Falls Church Times Staff
June 8, 2011
Developers of the proposed Hilton Garden Inn (706 W. Broad St.) presented a revised design to members of the City Council and the Planning Commission at Monday evening’s joint work session. The officials, who were not impressed with an earlier rendering on May 17, seemed more content with the latest design.
The elevation on W. Broad St. now features a flat rather than a triangular roof. A secondary entrance has been added on the parking deck. Signs now are smaller. Dumpsters will be situated in an enclosure at the edge of the parking garage along Oak St. However, the structure now is rated LEED Standard (Leadership in Energy and Environmental Design) instead of LEED Silver.
Council members looked forward to the promise of $540,000 in anticipated tax revenue and the 2,500 square feet of meeting space on the hotel’s second floor. Presently the City has no comparable conference center. The hotel’s space can be divided into up to three separate conference rooms.
Vice Mayor Snyder asked that the developers establish and maintain close contact with neighborhood representatives throughout the construction process. He also said he would like some continuing security presence at the hotel.
The project will be up for first reading at next Monday’s Council session. After the expected approval, the design will be referred to other boards and commissions for review. Various elevations of the new design for the hotel are available here.
Drive Through Zoning Change - The Council and the Commission also discussed an ordinance which would shift responsibility for the approval of special use permits for drive through facilities from the Board of Zoning Appeals to the Planning Commission. As this is a land use issue, rather than one of dimensions (such as setbacks), the Commission is seen as better suited to conduct the appropriate reviews. The BZA has advised it is willing to relinquish authority.
Solid Waste Fees - The Council alone then was briefed on the coming implementation of new solid waste charges. The cost of yard waste stickers for 30 gallon bags is scheduled to increase from $.50 to $1.00. There will be a $1.00 fee for each bag of excess refuse. Fees for special collection services also will rise.
City engineer Bill Hicks reported that most citizens who commented on the topic at the recent town hall meeting either were supportive or neutral. He said that a survey of 78 houses found that only 3% put out excess refuse.
Staffer Kathy Allan noted that a May 25 survey conducted on 11 streets found that 20% of the houses had put out yard waste bags. However, many of the bags contained either sticks which can be bundled and not subject to a fee, or grass clippings which the staff advocates leaving on lawns as natural organic fertilizer. She estimated that nearly 40% of what was put out could have avoided a fee.
Financial Policy - The Council briefly reviewed possible financial policy changes with CFO Richard La Condre. Topics for an upcoming review include the following:
1. Fund Balance
2. Capital Replacement – Infrastructure
3. Capital Replacement – Vehicles and Equipment
4. Capital Investment – Expansion
5. Revenue Stabilization
6. Revenue Policy Related to School Transfer
Mr. Snyder emphasized that he did not want policies in place that set expectations which could not be met and stressed the importance of the fund balance. “I want a fund balance that meets our standards and objectives and gives us a pulpit when we go for long-term financing that we are managing things in a constructive way” he said.
Mr. Kaylin concurred but added that Falls Church’s over-reliance on real estate taxes necessitated greater protection of the fund balance, a situation he did not see changing without economic development. “I don’t think we’re sufficiently diversified [financially] to handle the risks we face” he added.
The policy standards will be discussed by the Council/School Board liaison group tomorrow night and also referred to the Council’s Budget and Finance Committee. Mr. Shields said a status report on the policy revisions should be available by the first work session in August.
Child Development Center Task Force - Ms. Gardner urged that the task force be formed and set to work quickly, as the issue is supposed to be resolved by July 8. According to Mr. Shields the task force has a draft statement of work but formal membership has not been established. Ms. Gardner said she would be willing to serve as a member. The Council will discuss the task force further at next Monday’s session.
A video of the work session is available at the City website.
By GEORGE BROMLEY
Falls Church Times Staff
May 17, 2011
Planning commissioners and City Council members were not impressed with the latest design for the proposed Hilton Garden Inn (706 W. Broad St.), which was presented at last night’s joint work session.
Officials felt more brickwork was needed and that the overall design inappropriate for a city as old as Falls Church. ”I don’t think you could have built this down in Fredericksburg,” said a disappointed Lindy Hockenberry.
Commission chair Melissa Teates called the facade ”unacceptable, especially on Broad Street.” ”I’m not happy with the [building's] sides but can live with it; the front has to look different,” she said. “I don’t think it meets our design guidelines.” Mayor Nader Baroukh concurred, stating that he thought the design needed a significant amount of work.
As now proposed, the hotel will offer 110 rooms and 121 parking spaces. It is expected to generate $540,000 in tax revenue. A two story office building on Park Avenue, which was not part of the original 2008 proposal, has been dropped.
City Manager Wyatt Shields said he hoped the project will be submitted for first reading on June 13. If a special exception amendment and rezoning are approved by the Council, the project would be referred to boards and commissions for review and returned for second reading on July 25.
The Council and the Planning Commission also reviewed a request by owners of first floor space at The Byron (513 W. Broad St.) to allow professional and office use for space designated for retail. The area involved is on the far right side of the structure and has never been occupied since the building opened in 2006.
Retailers have considered the space unattractive because it is far removed from the building’s non-resident parking spaces and has a narrow front. The parking problem cannot be corrected as residents have assigned spaces, while the commercial and retail spaces are shared.
The mayor asked the applicant’s attorney to furnish information on the efforts to market the space and whether the owner would consider joining it with the adjacent space, previously occupied by Verizon. Mr. Shields said that the matter may be ready for Council action next Monday, assuming a prompt response to the mayor’s request.
The joint work session concluded with a discussion of a homeowner’s request that the City vacate 1,638 square feet of unimproved space at the end of Park Place near the State Theater. Mr. Shields recommended the Council approve the vacation, however Mr. Baroukh expressed some reservations, given that the City might build a parking facility near the location. Planning Director Jim Snyder said that his staff would review the matter.
CDC Future - The Council then was briefed on the status of the Child Development Center (201 S. Cherry St.). The building, which was built by private funds, has been leased to Easter Seals for nearly 50 years. The current 25 year, dollar-a-year lease is expiring in November, but the leasee would prefer an extension until at least the summer of 2013 so it could secure another facility. Easter Seals would be willing to pay $50,000 annually for the space.
City Schools have asked to assume control of the property in July 2012 in order to house the preschool education programs currently located at Mt. Daniel. This option also would free space to permit the relocation of the Falls Church Community Center preschool program. Other options include leasing the facility to another day care provider or another commercial user, selling the property for residentinal use, or converting the space to City government offices.
School Superintendent Lois Berlin told the Council that waiting an additional year to acquire the property would result in “underserving” of students. Pre schoolers now are receiving three hours of classes instead of the more desirable five. She said that two trailers at Mt. Daniel are used for half day pre school, but that an additional class was needed due to the increase in special needs students.
Vice Mayor Dave Snyder called for more analysis of the options, including possibly combining government and school use. “A dollar a year is history” he said, stressing the need to obtain the maximum value of the property for taxpayers.
Mayor Baroukh asked Mr. Shields for an updated staff report on the issue, ideally by next Monday. School Board member Kieran Sharpe advised that the Board also would discuss the question at Tuesday’s meeting and submit input.
TJ Renovation Status - Mr. Sharpe and Dr. Berlin advised the Council that there will be a public forum on the renovation at the school on May 26 at 7:00 pm. Ceremonial groundbreaking will be held on June 13 at 9:30 am. The School’s Architecture Selection Advisory Committee will begin to review the RFP and design.
3rd Quarter Financial Report - CFO Richard La Condre reported that the City revenues were at or higher than budgeted and that expenditures are running at or close to budget. He advised that the projected fund balance would be $4.9 million at the end of the fiscal year, an increase of a little over $900,000.
Economic Development Incentive Policies - A draft resolution has been prepared for referral to City boards and commissions for comments. Final Council action will occur in June.
Closed Session - The work session concluded shortly before 10:00 pm. The members then withdrew for another conference on the water refunds case.
Video of the public meeting is available at the City website.
By GINGER PINHOLSTER
Falls Church Times Staff
May 5, 2011
The Falls Church Tree Commission expressed concern April 27 about a developer’s plan to add an office building and modify a parking garage attached to the previously approved Hilton Garden Inn project.
Utilities on the development site, located at 706 West Broad Street, should be moved underground so that canopy trees can be planted along West Broad as well as Park Avenue, the Commission said.
Moreover, Commission Chair Larry Dorr added, street-scaping should be “fully implemented” on West Broad Street—from North Oak Street on the west side of the property, to the Burger King on the east.
“It’s incredibly important to introduce mature trees into this plan,” Dorr said.
City Arborist Ben Thompson said he has recommended landscaping to make the structure more compatible with other plantings and the scale of development along Park Avenue. He further had recommended plantings atop the proposed parking structure.
Thompson and Tree Commission members expressed concerns about whether the plan provided sufficient space for appropriate types of trees.
The Hilton Garden Inn development plan had received prior approval. But in March, developers Jefferson Park LLC and Gosnell-Palmer Holdings LLC submitted a special exception amendment and rezoning application to the City, asking to have part of the property rezoned from T-1 to B-1. The developers also requested to include a 5,439-square foot office building, while modifying the parking garage by adding an entrance from Park Avenue, in exchange for certain voluntary concessions.
All details related to the application can be found on the City’s Planning Division Web site.
As reported March 9 in the Falls Church Times, the project is expected to generate $568,000 in revenue for the City. The plan calls for a 110-room hotel and now also a two-story office building facing Park Avenue.
“From a Tree Commission perspective, it’s a flawed plan,” Dorr said.
The Tree Commission had unofficially examined the plan at their April 27 meeting. The group will be asked to submit formal comments soon, said Elizabeth Perry of the Falls Church Planning Division.
Trees Injured During Sidewalk Renovation
The Commission strongly decried the “unfortunate and unnecessary damage to City trees” that resulted from a sidewalk renovation project. All such projects must in future be supervised by the City Arborist before work begins, and contractors should be fully bonded to cover any tree damage, the group said.
Dorr questioned the City’s April 11 announcement that it was launching a city-wide sidewalk improvement project that same week to repair 516 locations with defects including cracks, heaves, and non-ADA-compliant pedestrian ramps. He pointed out that the proposal had never come to the attention of the Tree Commission, although the work clearly affects City trees.
Thompson, who is new to his position, said a grant proposal apparently was written before the City had replaced its arborist. He was brought into the project two weeks before the contractor was scheduled to begin work and reviewed approximately 24 sites where “tree conflicts” had been identified by city engineers. Of those 24 sites, Thompson said, he recommended the removal of only a handful of trees, most of which had already been “utility-pruned.” Thompson reported that he had recommended no renovations to a segment of sidewalk on Cherry Street where a large elm could potentially be damaged by the work.
Thompson showed the Tree Commission a large damaged segment of a cherry tree from Roosevelt Street. He said the tree was injured during the renovation project when the segment was “jack hammered out.” He said he had expressed strong concerns to the contractor.
Dorr said that contractors in such cases should be bonded for tree protection/preservation, and therefore responsible for any such damage to City trees. “We have an enormous investment in City trees,” he noted.
In a news release, the City said that “the project is fully funded by a $300,000 federal grant under the American Recovery and Reinvestment Act (ARRA) and is expected to be completed in November 2011.”
City staff had conducted a condition assessment of sidewalks along the main streets in December 2009, identifying approximately 33,250 square feet of sidewalk in need of replacement. Repairs will be limited to existing sidewalks on collector and arterial roads within the City, according to the news release, which noted that “the monies from this grant award cannot be used for other projects.”
Among other business, Dorr asked about the subdivision plan at Fulton Avenue and North Lee Street, where a giant tulip tree is likely doomed. Thompson noted that there is little the City can do, other than buying the property, which is obviously not feasible. As previously reported, the Tree Commission had passed a motion October 27, 2010 urging the City Council “to investigate all options” for saving the huge tulip tree, which measures 70- to 74 inches in diameter.
By GEORGE BROMLEY
Falls Church Times Staff
March 9, 2011
Residents stood inside and outside the Dogwood Room Monday night as the Falls Church City Council and Planning Commission were briefed on the report of the Zoning Ordinance Advisory Committee (ZOAC) and the status of the long dormant plan for a hotel on West Broad Street.
John Murphy, chairman of the ZOAC, summarized the report’s 19 recommenations, which already have created considerable public debate. He said that although the original intention was to commission a complete rewrite of Falls Church’s zoning code, the committee and City staff did not recommend the contractor’s draft as the basis for a new ordinance.
Mr. Murphy felt that the most necessary revision to the code would be to change the process of commercial development, so projects that are approved by the Council at second reading are beyond the conceptual stage. Concerning residential zoning, he said the Committee’s recommendations were intended to preserve the character of neighborhoods and to provide a greater mix of housing types, while retaining a sense of harmony with surrounding properties. Noting that zoning changes are inherently personal and can impact property values, the ZOAC chairman acknowledged that some of the recommendations are controversial and that some of them might change.
New planning director Jim Snyder said the report and the contractor’s draft of the zoning code would help in formulating the City’s comprehensive plan. Mayor Nader Baroukh concurred and suggested Mr. Snyder work with the Planning Commission to develop an appropriate work plan.
The ZOAC’s proposals for the commercial sector may not generate wide discussion, but several of the nine residential recommendations are clearly controversial, as shown by the strong public turnout Monday evening and at the previous Council meeting on February 28. In the latest contribution to the debate, ZOAC member Mike Novotny distributed a a four page handout that proposed revisions to four of the residential recommendations. Councilwoman Robin Gardner summed up the coming conflict as one pitting the rights of the homeowner versus the rights of the community.
Hilton Garden Inn - First proposed in 2008, the plan has been revised to include a small office building and some changes to the hotel site at 706 W. Broad St. The project will require an amendment to the previously granted special exception, which remains in effect.
Rich Palmer of Gosnell-Palmer Holdings LLC, the franchisee, provided a presentation on the 110 room hotel and the two-story office building which will face Park Avenue. Changes include a reduction in the number of parking spaces from 119 to 114 and the removal of the ramp between the two levels of the parking garage. Twenty of the spaces will be set aside for 800 W. Broad St. The proposed plan calls for a reduction in the available daytime parking space from 75% to 64%. Mr. Palmer said he did not expect the garage to be heavily used.
The project is expected to generate $568,000 in revenue for the City. Vice Mayor Dave Snyder estimated that it could reduce the tax rate by as much as four cents, assuming that Falls Church realizes the projected additional revenue generated by guests and conference attendees.
Some planning commissioners criticized the rear elevation of the office building and the location of trash containers and a generator. Others thought that the hotel’s style was “boilerplate” and called for a design that was more suited to the City’s character.
Council members questioned the parking plan and the lack of connectivity between levels of the garage. Mayor Baroukh recommended close reading of the franchise agreement, emphasizing that he did not want to see the hotel ”flipped” ten years from now into a lower status facility. He recommended additional staff work on the project before moving forward.
Auditors Report - Billy Robinson and Jason Hartman of Brown, Edwards briefed the Council on the recently completed FY 2010 audit, formally the Comprehensive Annual Financial Report.
The audit, which was due in December, was delayed for several reasons, including a change in audit firms, a backlog due to the absence of a CFO for several months, and the difficulty in determining the impact of the water system lawsuits filed against the City. The auditors called for a prior period adjustment on a supplemental retirement plan and recommended that the City’s financial department regularly review School Board and Economic Development Authority minutes, in addition to those of the Council.
Safe Routes to School (SRTS) - City planner Wendy Block Sanford presented the SRTS application to the Council. The City is requesting $500,000 in federal funds from the Virginia Department of Transportation for infrastructure improvements that will upgrade walking and biking routes to schools. SRTS is one of the three elements of the Pedestrian, Bicycle and Traffic Calming Strategic Implementation Plan.
Ms. Sanford advised that 75% of the 500 parents who had responded to a survey would allow their children to walk or bike to school if conditions improve. Currently, Mary Ellen Henderson Middle School has a no walk policy, primarily due to the configuration of its drop-off area. This would be redesigned upon receipt of SRTS funds. Other recommended measures, all which have community benefits, include:
> New sidewalks on primary routes to schools
> Raised sidewalks at several Broad St. locations
> Median refuge at N. Oak St. and N. West St.
> Speed limit signs at four locations
> Traffic control devices at four locations
> Re-alignment of intersection of West St. and W&OD Trail
Ms. Sanford said that the purpose of SRTS is to improve, not extend the walking areas. Students who live beyond an established walking zone would still be bused.
The Council informally agreed to approve a resolution endorsing the application at next Monday’s meeting.
Video - A recording of the work session is available at the City website.
Proposed changes to ZOAC Recommendations [PDF]
By FALLS CHURCH TIMES STAFF
March 3, 2011
The Virginia Department of Education has awarded Falls Church a $3 million Qualified School Construction Bond (QSCB) to expand Thomas Jefferson Elementary School. QSCBs provide near zero interest construction loans to local school districts across the United States. Falls Church was one of only 33 school divisions in Virginia to secure awards in the $229 million round.
“We are thrilled by and grateful for the state’s decision,” said School Board Chair Joan Wodiska. ”A year from now, Thomas Jefferson Elementary School will hit capacity. Our City needed the tremendous financial opportunity and assistance afforded through a QSCB to meet growing student populations, create a 21st century learning community, and eliminate trailers.”
The award will help ensure that the City will have adequate school facilities capable of providing a world-class education to every student. The QSCB will save taxpayers approximately $1.3 million in interest charges, compared to a similar project funded through traditional municipal bond efforts.
FCCPS’ winning application focuses on:
> Right-sizing the Thomas Jefferson cafeteria so it meets the needs of the City’s growing student population;
> Adding 12 new classrooms to the current facility;
> Removing trailers from the current TJ site;
> Providing wireless Internet at TJ, while also providing free Wi-Fi to low-income students to support learning outside of the school building.
“By working together – the School Board, the City Council, the Planning Commission, and the Long Range Financial Advisory Group – produced a decisive victory for City residents,” Ms. Wodiska said. “The School Board’s strong leadership to secure this QSCB award demonstrates our firm commitment to be effective stewards of both our children’s education and our City’s dollars. I am proud of our work and deeply grateful for everyone’s contribution to produce this community victory.”
Since the full amount requested ($5.95 million) was not awarded, the Board, Council and Planning Commission will need to discuss how to supplement the QSCB award to achieve a project that addresses the capacity needs at TJ Elementary. Detailed planning for the TJ expansion project will begin immediately. School officials expect construction to be completed for the start of the 2013-2014 school year.
By GEORGE BROMLEY
Falls Church Times Staff
March 2, 2011
The Falls Church City Council will not begin to review the report of the Zoning Ordinance Advisory Committee (ZOAC) until March 7th, but residents were out in force Monday evening to comment on the report’s recommendations. City zoning administrator John Boyle also came under fire from many ZOAC supporters.
Art McArthur, representing 70 petitioners, led off by stating that six of the ZOAC’s nine residential recommendations restrict, reduce, or eliminate some existing property rights. He said that the Committee now was against releasing the contractor’s revision of the City’s zoning code, a project he maintained had cost $500,000.
Calling the ZOAC report slanted and disingenuous, Mr. McArthur said that 20% of the document was devoted to the issue of substandard lots (one less than 60 feet wide or created after a larger lot was divided into two separate parcels). He concluded by pointing out that two members of the Council live on such lots and that one of them would not have been able to improve their property several years ago if two of the ZOAC’s recommendations had been law.
Several residents seconded Mr. McArthur. David McGuire, who had bought property with the intention of developing it, said the issue was not one of lost opportunity if the recommendations are implemented, but real money.
Charlie Albright said most of the ZOAC changes and the enforcement of front yard averaging will lower the value of properties and the tax base. Diane Edwards, a substandard lot owner and realtor, agreed. She said all 984 substandard lots in Falls Church will have their taxes reduced if the ZOAC’s recommendations are approved, resulting in a loss of income to the City.
Anne Durgan said that the new homes built by incoming residents on her street had helped strengthen, not weaken, the neighborhood’s sense of community.
Other residents, including some substandard lot owners, defended the Committee. Many sharply criticized rulings made by Mr. Boyle, which they believed ignored the current code.
“The ZOAC is not trying to change anything,” said Richard Knodt. “They’re just trying to preserve what exists. We have deviated from the law as is written. To take the lawless decisions made by the zoning administrator and make that the law would be a grave error.” His wife Jane spoke against building substandard lots out to a maximum and for maintaining the existing codes for averaging front yard setbacks.
David Gogal said that recent decisions had made the zoning ordinance meaningless. ”I don’t think you need to have these fairly large detached, almost town homes to create a new community” he said. “Older homes don’t have to be torn down and replaced with two.”
Dr. Goron Thiesz echoed Mr. Gogal’s criticism. “Zoning law requires averaging of front yards. That the zoning administrator offers a plan without averaging shows his continued disregard of this provision of the law,” he said. “The zoning department needs to follow the law as written.” Dr. Thiesz also accused the administrator of issuing a recent ruling on a lot coverage violation six years after construction as “retribution, not enforcement.”
Former Councilman Dan Maller said that property rights had been diminished by the zoning decisions. ”The focus of the ZOAC report was to take a stand to protect the neighborhoods of Falls Church,” he said. “Zoning is a process where the City decides, not an individual property owner. The City decides what the rules are and we would like those rules enforced.”
Keith Thurston, a former planning commissioner, said that the zoning code was being totally misinterpreted. ”If you have a zoning administrator who changes their opinion and enforces it differently, you essentially have no code,” he said. Mr. Thurston attributed the problem partly to the fact that Falls Church’s property records go to Arlington County for recordation and through ”coaching” owners or developers are being told how to change the deed, allowing them to say they are two separate property owners.
Mayor Nader Baroukh thanked the speakers but stressed that the objective of the March 7th work session would be to define the next steps in the process, rather than an opportunity for the Council to begin discussion of the ZOAC recommendations. The mayor referred two of the zoning complaints to the city manager and city attorney for review.
City Manager’s Report - Wyatt Shields noted that Jim Snyder, the new planning director, is now on board. He served many years in Arlington County, dealing with both current and long range planning, and later in the private sector. Mr. Shields thanked Assistant City Manager Cindy Mester for her service in the interim prior to Mr. Snyder’s appointment.
During the comments segment Mr. Shields mentioned that the Easter Seal’s lease on the Child Development Center building on Cherry Street is expiring later this year. City schools may be interested in obtaining the building after November.
Sewer Rates Rising - The Council approved second reading of an ordinance raising sewer rates (6-0, Ms. Gardner absent), the first increase since 2005. The increase is necessary primarily to meet the capital costs of treatment upgrades required to protect Chesapeake Bay. The current commodity charge for sanitary sewer is $5.91 per 1,000 gallons. The charge now will rise to $7.25. A quarterly fixed charge of $5.00 also will be instituted.
“No one likes raising costs but we can’t allow infrastructure to degrade,” observed Vice Mayor Dave Snyder. “It’s the responsible thing to do.”
Naming Ordinance - With Mr. Kaylin abstaining, the Council approved the first reading of a measure that would strike a 1990 ordinance that mandated buildings, parks, or other properties owned or controlled by Falls Church could not be named after any living person. The new ordinance would not apply to school facilities.
Mr. Kaylin explained that he had no intention of depriving anyone of the honor. He said he was simply suggesting that it would be good practice to impose a waiting period of two or three years after a person was no longer working for the city.
Regional Surface Transportation Program (RSTP) - The Council approved a resolution endorsing the City’s application for an RSTP project for FYs 2013-17 to construct additional pedestrian and bicycle improvements. Approximately $300,000 per year is anticipated to be allocated to the City during that period. The City was awarded the same amount in FY 2012 for implementation of pedestrian, bicycle and traffic calming improvements.
The FY 2013-17 request is for additional funds for this project. They will enable the City to continue to implement transportation improvements as outlined in its Pedestrian, Bicycle and Traffic Calming Strategic Implementation Plan.
FY 2011 Budget Amendment - The Council approved second reading of an ordinance authorizing a $125,000 increase to the water fund’s expenditure budget to cover legal fees and $50,000 to general fund expenditures to purchase a vehicle for the fire marshal.
Appointments - Laurence J. Dorr and William Henneberg were reappointed to the Tree Commission. Their new terms will run from April 1 to March 31, 2014.
Peter Adriance was reappointed to the Environmental Services Council. His term will run from March 1 to April 28, 2014.
M.T. Gutmanis was reappointed to the Housing Commission to term from January 1 to December 31, 2013.
Rena Marsh was appointed to the Falls Church Cable Access Advisory Board. Her term will run from November 1, 2010 to October 31, 2013.
Closed Session - After the public meeting adjourned the Council conducted a closed session concerning a legal matter.
Video - A recording of the public session is available at the city website.
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