Reston Spring

Reston Spring
Reston Spring

Tuesday, April 7, 2015

Op-Ed: Why RA Held Tetra Appraisal, RestonNow, April 7, 2015

This is an op-ed by Reston resident Terry Maynard. It does not represent the opinion of Reston Now.
In the debate over Reston Association purchasing the Tetra property at Lake Newport, a major source of frustration has been RA’s refusal to release the Feb. 4, 2015 appraisal until seven weeks later.
RA released the report only after two public hearings were held, the referendum question and fact sheet were finalized and approved by the RA board, and the $2.65 million dollar conditional sales contract was signed on March 27.
Appraisals like this are prepared to aid in assessing the value of a property, its condition, and any constraints its use or development may face. They can be an excellent tool in deciding whether a purchase contract ought to be signed and at what price, but Restonians did not have the opportunity to see this appraisal until the sales contract was already signed.
Had the Tetra property appraisal been made public immediately, thus providing RA members with a meaningful opportunity to comment before RA signed the sales contract, I believe we would not be having this debate or a referendum. There are so many major problems identified in the appraisal even RA’s single-minded board would probably not have decided to move forward.
The $2.65 million valuation is the obvious place to start. . . .
Click here for the remainder of this op-ed.

Monday, April 6, 2015

Stop censorship in our County library system!

There is no room for censorship in a public library system. 
 
Despite this commonly held belief, library staff themselves are being censored here in Fairfax County. Staff have traditionally been encouraged to share any and all news about our library system with each other on the "FCPL In The News" site. Recently library administration has censored stories and comments that may seem negative toward the current administration. This is wrong and fundamentally against our basic beliefs in regard to freedom of thought and opinion.

Please sign our petition HERE (PETITION LINK) and join us for the Invest in Fairfax Rally on April 8th to tell Fairfax County to stop censoring librarians.You can RSVP for the budget hearing here (BUDGET HEARING APRIL 8TH)


 SUPPORT QUALITY LIBRARIES
AND SERVICES
IN FAIRFAX COUNTY
  Invest In Fairfax Rally
April 8, 2015 at 4:00 pm
Fairfax County Government Center
Questions?  Contact FairfaxLibraryAdvocates@gmail.com

Fairfax Library Advocates have joined a coalition dedicated to advocating around budget issues. Invest in Fairfax is a broad coalition of businesses, non-profits, human service providers and advocates dedicated to the proposition that Fairfax County, Virginia is an excellent place to live.  Libraries are an essential part of Quality public services in Fairfax County. The members of the
Invest In Fairfax Coalition believe that Excellence is at risk in our community. 
Join the Coalition at the Budget Hearing of the Fairfax County Board of Supervisors on April 8, 2015 at 5:00 pm.   This will take place in the Board auditorium of the Fairfax County Government Center - 12000 Government Center Pkwy, Fairfax, VA 22035 . A group of folks will be speaking to the Board of Supervisors in support of quality libraries and services in Fairfax County.  Please let us know if you want to register to speak.
Staging Area:  Come to Rooms 2 and 3 between 4:00 and 5:00 pm at the Government Center to receive stickers, signs, and instructions for the Rally.   There will be food and beverages served courtesy of SEIU Virginia 512.

Let's rally together to Save Our Libraries and protect
Excellence and Quality public services in Fairfax County.

Sunday, April 5, 2015

Zoning the Good Life: The Proposed Reston National Golf Course Redevelopment, PoshSeven,

Since the 1970s, the Reston National Golf Course has been a Mecca for locals who want to get a little closer to the natural world.
When the weather’s nice (and sometimes when it’s not), golf enthusiasts tee off on the well-manicured green or take practice swings on the driving range. Other visitors to the 166-acre course – the open grounds of which are a certified Audubon International Cooperative Sanctuary – jog down winding walkways, hike through briar patches, or relax by a pond and look out for birds and other local wildlife. Now, the golf course’s fate may hinge on a zoning technicality. . .
RN Golf Management LLC (a subsidiary of Northwestern Mutual)first proposed its plan to build residences on the site of the course in 2012. They met powerful opposition from residents and community groups, including the Reston Association. The grassroots activist group Rescue Reston was founded specifically to oppose the redevelopment. The Fairfax County Board of Zoning Appeals (BZA) ruled that any residential development would require changes to the Fairfax County Comprehensive plan. This ruling did not outright forbid the development, but it would make development a whole lot harder. RN Gold Management LLC appealed the ruling and asked for more time to prepare their appeal.
If the ruling is not overturned, RN Golf Management LLC would have to rezone the property in order to build. . . .
Click here to read the rest of this article.

Saturday, April 4, 2015

Reston National Golf Course BZA Appeal Materials

UPDATE:  We have added the Rescue Reston attorney's April 1, 2015, follow-up letter to this compendium.  It's conclusion, provided below provides an excellent overview for rejecting Northwestern Mutual's application.  To simplify posting, we have not added links to the exhibits in the earlier Rescue Reston attorney's letter, but they are available by clicking on this link to their original letter to the BZA

We have also posted a link to the County Zoning Administrator's April 7 follow-up letter to its April 1 letter as the second bullet link in this series. 

The several parties striving to retain Reston National Golf Course in its current use as opposed to Northwestern Mutual's attorneys perverse interpretation of its current zoning to allow redevelopment as a 166 acres of medium density residential development have submitted their materials to the County.  These materials include:
  •  A letter from the County Zoning Administrator provides a 20-page memorandum supporting her determination that RNGC needed to be preserved as open space and that nothing in the County's planning and zoning suggests that it could be come a residential development.  She concludes:
Staff has provided substantial evidence, including staff reports, Planning Commission public hearing meeting minutes, Board hearing legal notices, and Board hearing meeting  minutes to support the conclusion that the development plans found in the County Archive  files are in fact the development plans that were reviewed and approved by the Board in  1971 for rezoning applications RZ C-135, RZ C-203, and RZ C-281. These approved  development plans show the appeal property clearly designated as a golf course and/or  open space, only, as distinguished from the surrounding properties that have residential designations including low, medium, or high density designations, as is required for residential development approvals in the PRC District. . . The appellant has not
provided any evidence that demonstrates that the approved development plans are not valid.
Staff has also clearly demonstrated that the appeal property is designated on the Reston Master Plan's Land Use Plan map as "Open Space," and on the Reston Master Plan's Community Facilities Plan map as "Major Open Space, Parks, Golf Course, Nature Center." This designation has remained consistent since first approved in conjunction with the original rezonings on the property in 1971, as discussed above. . . .
Staff has also demonstrated through legal precedent and analysis of the Zoning Ordinance text in effect at the time of the rezoning approvals that neither incomplete or  vague compliance letters nor mistakes on subdivision plat density tabulation charts can  override zoning approvals and impart a use designation that was not granted by the  Board. 
  •  A letter from RA by its attorney, John McBride, that takes note of the incompleteness of Country records (in particular, missing files from the County and the Reston Museum), but notes the relevant law (including the Krisnavethin decision posted here) and refutes arguments by Reston National (Northwestern Mutual's stalking horse subsidiary), concluding:  "Should the County's on-site zoning files have been more complete? Absolutely. Can the fact that they were not complete be used to amend or change a Development Plan that the Board legislatively approved? Absolutely not. Only the Board of Supervisors can do that, after due notice and public hearings."  The six-page letter has 15 pages of supporting documentation.
For the reasons stated above, those set forth in Rescue Reston's January 5, 2015, submission, and those argued by Rescue Reston and the County  Zoning staff, Ms. Belgin's June 20, 2012, determination should be affirmed  by the BZA. The golf course property has always been intended to be used  and approved for golf course and open space uses, not residential uses.
This is borne out by the development plans; the Reston Master Plan and the County's Comprehensive Plan; legal advertisements, zoning applications and statements of justification for C-135, C-203 and C-281; zoning  compliance letters for the golf course property; and other documents. It was also borne out in the letters, emails and testimony before the BZA on
January 21, 2015, of members of the Reston community, including many among the 5,900 supporters of Rescue Reston, who voiced their opinions and concerns regarding the protection of their property rights and the values of their homes, as well as the importance and integrity of the Reston Master Plan and its intended impact upon development in Reston.
Before residential use can be authorized on the golf course property, it is clear that amendments by the Board of Supervisors to the Comprehensive Plan and to the approved development plans, along with the approval of a new PRC plan, are required. Therefore, RN Golf's Appeal Application A 2012-HM-020 should denied by the BZA.
And, oh yeah, Northwestern Mutual's attorneys, Frank McDermott and Mark Looney, have provided their own appeal to the BZA to reverse the Zoning Administrator's decision to keep RNGC as open space.  Here's their summary claim:
. . . Yet all conclusions drawn by the Opposition (Comment:  the Zoning Administrator) flow from the assumption that the Alleged Development Plans are "approved".
Also flowing from that underlying assumption are several confused, conflicting arguments posited, variously, by the Opposition. . . Thus, the Catch 22, the mousetrap offered by the Opposition.
We would submit that trying to confuse the issue (as McDermott and Looney go to great lengths to do in their 9-page memo) is not a rational argument for a decision to reverse the Zoning Administrator's determination (or anything else), but rather an attempt to hide the weakness of one's own case.

Friday, April 3, 2015

Rescue Reston's attorney's inital BZA case documents for the hearing on the RNGC preservation case

Apparently population growth in the suburbs and beyond is not over despite tremendous publicity to the contrary.

In fact, the University of Virginia's latest population projection suggests that while a couple of close-in suburbs--Arlington and Alexandria--will lose  population while exurb counties like Stafford and Spotsylvania will more than double their populations in the next quarter century.  An article in the Washingtonian takes a look at  the UVA study this way:
To New Exurbanites, the traditional suburbs—like the central city before them—feel full. Arlington County is now home to 229,302 people, Fairfax County to 1,118,884. It’s “saturated,” says Sue Smith, a real-estate agent in Northern Virginia for 27 years. So they trek to once-distant areas: Stafford and Spotsylvania counties and Winchester in Virginia and Frederick County in Maryland. Over the coming years, an increasing number of people settling these exurbs will be millennials, like Lindsay Arnold, and the generation that follows.
That’s not what you’d expect if you’ve been reading headlines. The prevailing wisdom about millennials is that they’re wedded to urban-style living—even in the suburbs—with craft breweries and yoga studios on every other corner and a Trader Joe’s within walking distance. But in Washington, many of the youngest homebuyers are hewing to the same patterns their parents did, according to Lisa Sturtevant, executive director of Washington’s Center for Housing Policy, the research arm of the nonprofit National Housing Conference. “The suburbs are ripe for a rebirth,” Sturtevant says. “Despite everything you hear about cities, people want a single-family home.”

Virginia counties, such as Frederick, Spotsylvania, and Stafford, are expected to have the most growth over the next 35 years. Data from US Census Bureau, UVA Cooper Center, and Maryland Department of Planning.

This is pretty much what Reston 2020 has been saying all along.  Yes, young adults--singles or couples--are looking for smaller, affordable housing close to their new jobs, near retail and vibrant nightlife, and are quite comfortable living in high-rise apartments and condominiums not unlike their college experience.  Then they start earning more money and having children, and they need more space for their growing family and even some outside space for the kids to play (and, no, a pocket park a block away doesn't fit that bill, especially for younger children), so they buy single family homes or townhomes in the 'burbs and by in large drive to work.  At the other end of the age distribution are empty nesters who are looking to downsize, reduce housing expenses, and have key retail shopping within easy walking distance and no need to commute whether by auto, transit, walking, or pedaling.  Like their young counterparts, they are likely to be more inclined to move into more affordable, higher density neighborhoods with walkable retail  in our metropolitan area--and these types are housing are spreading into the suburbs (although the costs often remain high).  In short, there is not so much a shift in the nature of housing demand overall, just a shift in where the various types of housing are needed.
15 Economic Facts about Millennials, CEA, The White House, October 2014

While the preceding life cycle of housing demand is not news in a major urban area with better-than-average incomes overall, developers would have local policymakers and the public believe we will all soon be living in high-density, high-rise, and often high-cost apartments and condos and use nothing but transit or our feet to go everywhere.  As the article suggests, the fixation on Millennials is overwhelming because they comprise about one-third of our population.  (Their relative size is a function of the fact that the "Millennial" generation covers the longest timeframe (24 years) and comprises the offspring of an ever-growing national population--including immigration--for any designated age group cohort.)

Local officials, especially in maturing counties such as Fairfax, are anxious to believe developers that the core demand for housing lies in high-density, high-rise development because it gives elected officials some legitimacy in approving high-density, high-rise development, especially near rail transit areas.  It's appealing to them because it give them an opportunity to believe they can build their localities out of stabilizing home values and a lack of space for new low-density homes that may enable them to garner additional property tax revenues without unnecessarily raising real estate property tax rates.

There are several key implications of the preceding.
Of the (Washington MSA) GRP growth, almost ¾ will be in locations where autos provide the accessibility.  . . For all economic activity in the region, the share of GRP enabled by auto travel goes from 74.3% in 2007 to 73.1% in 2040, and economic activity supported by
transit changes only very slightly from 22.3% to 22.2%.  The support of economic activity by mode changes very little over the 3-decade forecast period – surprising in light of the investments and focus of public policy to shift travel away from the auto and roads to transit.
. . .
  • Other public infrastructure needs and costs--schools, water & sewer, recreational facilities, etc.-- will also grow at least in proportion to the growth in population, the face of inflation, reduced real property value growth rates, and a desire to improve household quality of life.  It is highly unlikely that the taxes generated by housing growth alone will be sufficient to sustain existing "low" real estate property tax rates or other lesser local tax revenue sources.  This is especially worrisome in Virginia where local authority to create new taxes is substantially circumscribed by the state (although local politicians have been creative in using the authorities they have). 
  • Maturing counties like Fairfax have no significant place to add development except to go vertical, and that construction is generally more expensive than stick-built homes.  As suggested above, these high-rise, high-density homes are largely the residences of young professional Millennials and well-to-do seniors who can afford the higher rents and prices  and fees these structures require.  Yet, there is only so much of this above-average demand, and less wealthy younger and older adults are ill-served by this trend in the absence of policies mitigating this natural economic selection of residents.  This is especially important in Reston, a community that aspires to meet the needs of all people in all walks of life. 
Development and housing policies in Fairfax County and across the region need to consider the full range of issues in accommodating our growing populations and their diverse housing needs as well as their budget and infrastructure challenges.

Thursday, April 2, 2015

A 1990s Virginia Supreme Court opinion sets a precedent for the BZA NOT to overturn the County Zoning Administrator's decision on preserving Reston National Golf Course.

In a 1992 Reston land use case, the Virginia Supreme Court ruled a decision by a lower court "that a zoning modification could be made administratively and did not require approval by the county board of supervisors is reversed."  In this case, Fairfax County went to court to overturn a decision by its own Board of Zoning Appeals (BZA) that would have permitted Mana Krisnathevin--owner of the land now developed as Sunrise Valley Convenience Center (includes a daycare center, dental offices, jeweler, dry cleaner, bank, and maybe other retail)--to alter the basic County development plan for the area.  In the end, the Supreme Court ruled in favor of the County.  The core of the decision was that the proposed change was "a significant modification" to the Board of Supervisors-approved development plan that required the further approval of the Supervisors, and could not be changed by a BZA administrative decision. 

I think we can all agree that changing a golf course to a housing development is "a significant modification" to the current development plan.  It will likely be an important consideration in preventing the BZA from ruling in favor of Northwestern Mutual's appeal of the County Zoning Administrator's decision to preserve the golf course.  Nonetheless, the Supreme Court ruling does not, per se, preclude subsequent appeals by Northwester Mutual to state courts from altering a development plan.  

In short, we can expect a BZA decision not to allow redevelopment of RNGC to proceed through the state court system, almost certainly to the Virginia Supreme Court.

Our understanding is that both the attorneys for Reston Association and for Rescue Reston have included this case in the filings with the BZA as it considers the Northwestern Mutual appeal of the Zoning Administrator's decision, so there is nothing here that all the appropriate County officials don't know.  We believe, however, that the people of Reston also deserve to be kept well informed in a timely manner on this important ongoing legal matter without digging through legal documents on the County or the RA website where they may be found.  

For your information, below is the full 1992 opinion of the Virginia Supreme Court.  The first page or so provides an overview that may be sufficient for most readers.