Fairfax Co. Defers Decision On Franconia Governmental Center Property

FRANCONIA, VA — The Fairfax County Board of Supervisors voted Tuesday to defer its decision on the transfer of the Franconia Governmental Center property to the Fairfax County Redevelopment and Housing Authority.

At a public hearing prior to the Board of Supervisors’ vote, many residents expressed opposition to plans to build multifamily affordable housing at the site.

Speakers argued that the county should be open to using the site on Franconia Road, which totals more than 3 acres, for purposes other than affordable housing.

After hearing from the residents, Fairfax County Board of Supervisors Chairman Jeff McKay said he believes the community outreach aspect for the affordable housing plan at the site “has been inadequate.”

Based on McKay’s concerns, Franconia District Supervisor Rodney Lusk introduced a motion to defer action on transferring the property to the county's housing authority until the board’s meeting on March 5. In the interim, Lusk pledged to conduct community engagement to get residents' views on the plan to transfer the property for use as affordable housing.

Lusk’s motion to defer action on transferring the Franconia Governmental Center property to March 5 passed the board unanimously.

Fairfax County is scheduled to relocate the Franconia Governmental Center to a new facility in Kingstowne in 2025. Once the new Franconia Governmental Center is completed, Fairfax County has proposed converting the old property at 6121 Franconia Road into as many as 120 affordable rental housing units.

At a March 9, 2021, meeting, the Board of Supervisors authorized the conveyance of the 3.25 acres to the Fairfax County Redevelopment and Housing Authority, which is currently negotiating with a developer to build multifamily affordable housing at the site.

Because the March 9, 2021, public hearing was held during the COVID-19 pandemic, concerns were raised about the validity of the hearing.

“Out of an abundance of caution, the Board held another public hearing on the conveyance of the Property to the FCRHA on Jan. 23, 2024, to resolve any concerns about the validity of the March 9, 2021, public hearing,” read the draft resolution put before the Board of Supervisors on Tuesday.

In 2023, the Virginia Supreme Court invalidated Fairfax County's zoning modernization effort, or zMOD, adopted in 2021, saying that the Board of Supervisors violated the state's open meeting law.

The ruling supported a claim made in a lawsuit filed by four county residents that the board of supervisors had violated the open meetings provision of the Virginia Freedom of Information Act by holding meetings electronically rather than in person.

After the Virginia Supreme Court's decision was issued in zMOD case in March, some residents pointed out that the March 9, 2021, public hearing on the Franconia Governmental Center was also held during a time when the Board of Supervisors was only authorized to conduct business virtually if it was necessary to continue operations.

Those residents argued that the conveyance of the Franconia Government Center property to the Redevelopment and Housing Authority was also void because it violated the open meeting laws of the Virginia Freedom of Information Act.

Among the opponents to the county's plan to build affordable housing on the site are civic and homeowners associations in the area.

The Kingstowne Residential Owners Corporation, a local HOA, sent a letter to the Board of Supervisors last Friday, letting county officials know that Kingstowne homeowners who live nearest the governmental center were polled and a large majority of them do not support the building of 120 units at the Franconia Governmental Center site.

At Tuesday's public hearing, Joy Wahler, representing the North Franconia Civic Association, said nearby residents were never asked how "this taxpayer-owned property should be used."

“This is taxpayer-owned property and the taxpayers should have a say. And that hasn’t happened so far,” she said.

Wahler said she also believes the location is unsafe for housing due to its location next to one gas station and near four other gas stations. One of the constituents of gasoline is benzene, a known human carcinogen, she said.

“Clearly, we’re not going to have people living in a place that is unsafe,” Lusk said in response to the concerns raised about the benzene from the gas stations along Franconia Road.

With regard to the community outreach that Lusk's office plans to conduct before March 5, Springfield District Supervisor Pat Herrity said he hopes those meetings will consider options for the site beyond just affordable housing.

Other uses for the site proposed by neighbors include recreation, expansion of the nearby Franconia Volunteer Fire Department, and a neighborhood dog park.

In response to Herrity's comment about what will be discussed at the meetings between now and March 5, McKay said, "I don’t think we should be micromanaging those meetings."

McKay said Lusk's office should be able to conduct the community outreach as it sees fit.

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• Fairfax County Zoning Update Voided With VA Supreme Court Ruling