Guest Commentaries

Lou Mauro

To avoid aggravating the existing problems of school overcrowding, traffic and parking congestion, and air pollution, the City should suspend consideration and approval of applications for construction of condominiums on commercial land under the Special Exception ordinance. Here are four more reasons that may not be so obvious.

1. Comprehensive Plan. The legally-required process of periodic revision of the Comprehensive Plan is underway but not completed. It is poor planning, if not illegal, to continue to spot zone, or rezone, by approving high-density residential developments under the guise of the Special Exception ordinance when there are no standards by which to measure the appropriateness and consistency of such developments under a Comprehensive Plan.

2. Cash proffers. The City seems to believe it is OK to accept cash proffers from developers in Special Exception situations just because other jurisdictions do it. Is that a standard worthy of the citizens of Falls Church? Aren’t they entitled to the highest degree of legal certainty, especially when the law is so clear that such proffers are OK in connection with rezonings, but says nothing about such proffers in connection with special exceptions? Wouldn’t the members of the City Council themselves be more comfortable knowing that they are on solid legal footing, without regard to what other jurisdictions do, before proceeding with more approvals under the Special Exception ordinance?

3. Fair Housing. The City is under investigation for possible violations of fair housing laws in connection with its desire to minimize the number of school-age children that will reside in the condominiums already approved under the Special Exception ordinance. That City officials, including members of the Council, have expressed views reflecting that desire is beyond doubt. Such views come dangerously close to encouraging a distasteful elitism that is unworthy of and unwelcome in the City of Falls Church. It is, moreover, sadly ironic that such desire will never be realized; over time, when the developers are long gone, those condos will surely house numerous children. Whether those views, and concrete actions taken to bring them to fruition, such as the Broadway escrow account, constitute a pattern or practice of discrimination is a question that cannot be answered at this time. It is critical that the investigation be conducted with the full cooperation of the City and without further actions by the City, such as additional approvals under the Special Exception ordinance, that could compound possible violations and complicate or frustrate the investigation itself.

4. The Pavilion. The City has already approved two high-density condominiums on Broad Street: the Broadway and the Byron. A third, the Pavilion, to be located on the parcel of land between Panera and Bedo’s, with twice as many units as the first two combined and a 7-story parking lot, is well along in the approval process. Common sense and prudence dictate that public officials now pause, and see what effect the first two have before plunging ahead with a project that, taken together with the first two, will bring to the City an additional 1000 vehicles and increase the City’s population by 10% in just a few years. But there is another reason not go to forward with this project in particular. There is an existing contract on the same parcel of land involving the same developer which obligates the developer to begin construction of an office building on that site no later than June 2005 and that obligation is secured by a performance bond that requires the developer to pay to the City $2.8 million if construction of the office building is not begun by that date. Even if it can still be argued that changed market conditions have delayed the developer’s ability to obtain financing and find tenants for an office building, which is highly debatable, those obligations are separate and distinct from the obligation to begin construction by June 2005.

It is very important to remember that this contract was entered into on behalf of the residents of this City. Considering the City’s fiscal condition, $2.8 million is a whole lot of money; money that does not belong to City officials, but is owed to the taxpayers of this City. What better reason do City officials need to seek a contractual interpretation and outcome that is most favorable to the citizens they represent? The developer has until June 2005 to either commence construction of an office building or pay the City 2.8 million dollars. The City should not even be talking to the developer about plans to build a massive condominium, much less holding hearings on such plans, until construction is begun or the bond money is paid.

For the above reasons, the City should suspend consideration and approval of applications for construction of condominiums on commercial land under the Special Exception ordinance.

Jan Zachariasse

Over the many months that this project has evolved, from the Concept Design stage to where it is today, our development team has made numerous design changes that were always based on a clear project vision. To better understand The Pavilion project, as presented, I wanted to “frame” our discussion tonight by articulating this vision first.

To look forward – one has to look back. To properly design a major mixed-use project, such as The Pavilion, one has to have some understanding of Falls Church! And to understand Falls Church, one has to understand her leadership, her citizens, her buildings, her attitudes and her place in history. When we studied that, we learned that the actual design shouldn’t be too bold, too modern or too urban, because the traditional features of a rich past are everywhere. We felt that we should not approach this with a too traditional design either, because the attitudes in the City are definitely forward looking, as evidenced by the desire to redevelop its downtown area. In fact, we see a place in transition … a City in the process of remaking itself. Therefore, we knew that we had to incorporate some new architectural concepts and, at the same time, that we needed to provide a connection to the City’s historic past. That, ladies and gentlemen is all reflected in the architecture you will see before you … a style, with traditional Virginian architectural elements, that looks like its components have been built over time. A style that will be unique to Falls Church.

Internal “charettes” with the entire team were held to determine what, ultimately, would be the best mix of uses and how to organize these uses so that they relate to one another properly, from a planning and design perspective. We wanted it to be a vibrant and a somewhat urban, pedestrian-friendly, mixed-use project, with a sense of place! A place with enduring values, sensitive to its environment with connecting pathways, a corresponding color palette and the right design symmetry. We wanted this project to be a good neighbor to its adjacent uses and neighborhoods.

We knew that the residential use would need to go up; that the retail component would need to face Broad Street and, eventually, the office part found its place on Park Avenue. We wanted an acceptable density and to incorporate transportation issues, good land use and sufficient parking. In other words, we wanted to make sure that a variety of uses, particularly a variety of housing types, were going to be included.

We were also conscious of the fact that this project, in conjunction with The Broadway and The Byron, would create the critical mass necessary to become a destination location for people in and outside of Falls Church to shop and use the restaurants. As such, we needed a strong focal point … and so, the Market Square concept was conceived. Of course, that too has evolved as it became clear that it has to be a place to gather; a place to be entertained, where one could attend outdoor activities, such as listening to an outdoor summer concert, where an October Fest could be held, where Santa Claus would arrive, where lights and sounds and pedestrian activities would draw you into a world of fun, food and excitement!

We have also included a much quieter, pocket park on Park Avenue. Our vision here is to create a tranquil public place; a place where someone can get away from the hustle and bustle of Broad Street, read a book or contemplate the future or the past … But of these two, we need to emphasize the past, because connecting with our past and experiencing the “soul” of the City, especially for our young people, is very important. Consequently, what we see is a well-designed, brick-paved area with shade trees, a brick wall with Boston ivy growing upwards, sunny in the morning and cool shades in the afternoon. In the center of this 30’ x 30’ space could be a statue of an important Falls Church person who represents that past. We would like to commission a competition, between local artists, to create such a sculpture and install it right there. In fact, we would like to see this done in several places in the City, to celebrate those who have made a difference and who have meant something to all of the citizens of Falls Church … to make the circle complete by connecting the past to the future!

In addition to this exciting environment, The Pavilion residents will, of course, have their “own” place, as we have incorporated several amenities they can enjoy … such as a handsome lobby, a separate space where homeowners can meet and socialize, watch a movie, work out or tele-comute; where they can sunbathe around an outdoor pool and where they can walk into their own landscaped rooftop garden.

Of course this vision, when realized, also has to make economic sense in order to obtain an anticipated $75,000,000 worth of financing. The City, in turn, has her own ideas of what’s needed to expand its vibrancy, to make this a place where people want to stay, where people want to grow old, where young people want to move to. And to do that, the school system needs to continue to provide excellent educational services, to improve transportation, to continue to appeal to a wide spectrum of people of various socio-economic backgrounds and to provide shops, businesses, restaurants and a variety of other services.

To make that all work for the City, our Dutch lenders and our ownership, we have negotiated and agreed to a comprehensive package of contributions that respond to many of these services … from affordable housing contributions, to transportation contributions, to school capital cost contributions, as well as a number of affordable dwelling units. These contributions, combined with streetscape implementation plans and extensive utility under-grounding commitments, add up to a total package of community benefits of over $3,000,000!

And so, framed in this vision, you have before you what we believe is a truly exemplary project! A project that is already supported by many citizens, committees, commissions and community groups, such as neighboring homeowner associations; by Economic Development, the Chamber of Commerce and, of course, the Staff of the City of Falls Church. We are very excited to present this project to you and the citizens of Falls Church.