The Public-Private Education Facilities and Infrastructure Act of 2002 (“PPEA”) can be found at Virginia Code Ann. § 56-575.1-§ 56-575.18.  The PPEA allows public entities such as Fairfax County and the FCRHA to create public-private partnerships, on a solicited or unsolicited basis, for the development of a wide range of projects for public use if the public entity determines that there is a need for a project and private involvement can provide the project in a timely and cost-efficient fashion. 

Foulger-Pratt and the FCRHA have complied with all requirements of the PPEA: 

• Foulger-Pratt submitted an unsolicited proposal to the Department of Procurement and Material Management under § 56-575.4.A (October 2021)
• The Department of Housing and Community Development (HCD) was designated as the lead agency for the initial review of the proposal (December 2021)
• HCD assembled a Selection Advisory Committee to review the unsolicited proposal. The SAC completed an initial review and accepted the proposal for conceptual-phase consideration (January – March 2022)
• The FCRHA accepted the proposal for consideration in accordance with § 56-575.16. Until this point, the proposal had not been accepted. (March 8, 2022)
   
• The FCRHA posted its Notice of Receipt and a copy of the Foulger-Pratt proposal on the county’s PPEA website within 10 working days of accepting the proposal in accordance with § 56-575.17.A and provided criteria for competing proposals due 60 days from the date of the notice (March 17, 2022)
   
• At the request of Foulger-Pratt and with the FCRHA’s written consent, the posted proposal redacted trade secrets, financial records, and certain other information that, if made public prior to the execution of an Interim Agreement, would adversely affect the financial interest or bargaining position of the FCRHA or Foulger-Pratt (§ 56-575.17.A.2 and § 2.2-3705.6) 
   
• The FCRHA received two responses to the request for competing proposals:
  • Foulger-Pratt submitted an updated addendum to their initial proposal to comply with Notice of Receipt Requirements
  • One additional competing proposal was received and deemed non-responsive as it was for a separate property not owned by the FCRHA. 
     
• The FCRHA and Foulger-Pratt are seeking to enter into an Interim Agreement (§ 56-575.9:1) 
   
• A Public Hearing on the Foulger-Pratt proposal and the proposed Interim Agreement was held in conformance with § 56-575.17.B

The project proposal and additional proposal documentation can be viewed online at https://www.fairfaxcounty.gov/procurement/ppea/bowman-towne-court-redevelopment. Please note that, currently, the proposal is redacted per the requirements of the PPEA. Should the Interim Agreement be approved and signed, additional details from the proposal will be made available.

Given the complexity of the proposed project, the Interim Agreement requires the developer to initiate community outreach and collaboration and consider community input on the proposal; allows the developer to begin discussions with Fairfax County staff to shape the project in response to community feedback; and to begin the zoning and land use approvals process after substantive community outreach has been completed. The Interim Agreement does not constitute an approval or acceptance of the proposal by the FCRHA or Fairfax County, nor does it represent the final Comprehensive Agreement for the project.

Yes. The public hearing on the Interim Agreement for the potential redevelopment of Bowman Towne Court was the first of many such public engagement opportunities. If approved, the Interim Agreement provides that Foulger-Pratt will work in close coordination with the FCRHA and the Hunter Mill District Supervisor to develop a comprehensive Community Outreach Program to engage stakeholders including, but not limited to, Bowman Towne Court residents, residents of surrounding neighborhoods, Reston Association, Reston Towne Center Association, Reston Town Center North Public Facilities Community Task Force, Reston Planning and Zoning, and the Reston Design Review Board. It is expected that these sessions will include both virtual and in-person meetings. These meetings will solicit stakeholder input to shape the project concept prior to starting the Land Use Approvals process and filing of a zoning application. Community engagement meetings will continue through the Land Use Approvals process for additional input on land use specific issues. Community engagement details will be advertised and provided with all project reference material online at www.fairfaxcounty.gov/housing/projects as they become available.

No. Redevelopment of the Embry Rucker Community Shelter is in the County’s Capital Improvement Program (CIP) and part of ongoing Master Plan scope coordination with the District Supervisor’s new community Task Force for development recommendations on County parcels. The proposed Bowman Towne Court redevelopment project that is currently under consideration by the FCRHA contemplates up to 350 multifamily apartments with affordability levels between 30% and 70% of the Area Median Income (AMI), a new Reston Regional Library, and associated parking for the proposed uses.

Yes, there will be opportunities during the Community Outreach Program to provide feedback on the proposal’s preliminary design concept of the new regional library prior to the filing of a zoning application. The design process will be driven by the Fairfax County Public Library (FCPL) and the Department of Public Works and Environmental Services. The final scope, design, floor layout, and programmatic uses will be determined through close coordination with FCPL and the Department of Public Works and Environmental Services (DPWES), and informed by the community’s input, including, but not limited to, Friends of Reston Regional Library, the Reston Town Center North Public Facilities Task Force, Reston Association, Reston Planning and Zoning, and the Reston Design Review Board.  Should the proposed project move forward, the design and construction of the new regional library will adhere with the County’s Library Design Manual and Architectural and Engineering (A/E) Design Guidelines for capital projects.

Yes, there will be 240 parking spaces dedicated exclusively to library patrons.  The proposed parking rate is 6 parking spaces per 1,000 SF.  The proposed library is approximately 40,000 SF. Currently, the existing surface lot serving Reston Regional Library contains 145 parking spaces. 

There are currently no plans for the existing library to be out of service for a significant time period during this proposed project since it is not being redeveloped on the same site.  Final project phasing will be determined through zoning, design, and permitting efforts should the project move forward.  Any impacts to the existing library will be coordinated directly with Fairfax County Public Library (FCPL) staff and the community well ahead of time. The library hours of operation will be determined by FCPL.

Programmatic needs of the new Reston Regional Library will be coordinated with the community, FCPL staff, Friends of Reston Regional Library, and the Reston Town Center North Public Facilities Task Force’s recommendations to shape the Program of Requirements (POR) for the new library’s layout and uses. The ultimate design and construction will adhere to the County’s current Library Design Manual and A/E Design Guidelines for capital projects.  The developer’s current proposed layout is rudimentary and conceptual in nature with specific design-level details to be informed by feedback received during the Community Outreach Program, land use approvals, and permitting.

The proposed project contemplates up to 350 multifamily units with structured residential parking serving households between 30% and 70% of the Area Median Income (AMI).  The proposed project may utilize income averaging with rent and income limits between 30% AMI and 80% AMI so long as the average income and rent limit in the project remains at 60% or less of AMI as established by the United States Department of Housing and Urban Development (HUD).

Should the project move forward, the affordable housing portion of the project will be ground leased by the FCRHA to the developer. The term of the ground lease is anticipated to be between and 80 and 99 years. In addition, the ground lease will require that the affordability requirements and rent limitations remain through the term of the lease.  

The unsolicited proposal contemplates several amenities including structured parking, an outdoor plaza, courtyards, bicycle storage rooms, fitness room, club room, children’s play area, community lounges, and activated streetscapes.  The proposed design and amenities will be informed by public engagement efforts and finalized through the entitlement and permitting processes should this potential project move forward.

The units proposed to be constructed will be priced affordable to households with incomes between 30% and 70% of the Area Median Income. Any households meeting the income and other eligibility requirements of the property may apply.  At this time, there are no additional preferences contemplated for the property. Should this potential project move forward, household qualifications and applications will be processed by the on-site property manager and the process will be approved by and coordinated with the Department of Housing and Community Development.  This project does not include plans for a new Embry Rucker Community Shelter nor does it serve as continuum of housing for the existing shelter.  

The proposed units are primarily comprised of 1-and-2-bedroom units with 1-2 baths as well as some 3-and-4-bedroom units with 2-2.5 baths. One-to-one replacement of the existing thirty 3-bedroom units is included in the development plan. Households applying for units at the property will be considered based on income, household size and other eligibility criteria, as appropriate.  

The proposal contemplates above-grade structured parking at a ratio of 1.3 parking spaces per unit for a total of 455 parking spaces dedicated exclusively to residential component.  Dedicated library parking and secure police parking are anticipated to be below-grade.

The developer would be responsible for maintenance and operations of the residential units and associated residential parking under both existing county requirements and the expected terms of the ground lease.  The County will be responsible for maintenance and operations of the new library, associated library parking, and the secure-parking level serving the police station.

Should the project move forward, relocations of residents must comply with the Uniform Relocation Act (URA).  The developer, in consultation with County staff, will facilitate household interviews and provide resident support services throughout the process including planning for temporary and/or permanent moving arrangements to appropriately sized units to meet the individual needs of existing residents.  Current residents are guaranteed another affordable unit using housing-based vouchers and will also be afforded the opportunity to return to an appropriately sized unit in the new development.

We are currently in the first step of a lengthy process.  Any actual redevelopment of the property, if it is approved, will not take place for 3-5 years as the proposed project goes through the Community Outreach Program, land use approvals, design, permitting, construction, and eventually occupancy.

Any Police Station impacts will be critical considerations during planning efforts to ensure Fairfax County Police Department’s (FCPD) continuity of operations.  The developer will be required to provide a phasing plan to address potential impacts with considerations for onsite or offsite accommodations as necessary. The Fairfax County Police Department has been and will continue to be actively engaged throughout the process and the developer will work cooperatively to mitigate impacts of the project during and after construction should it be approved.

Should the project move forward, coordination of bus service routes and transportation-related scope will be coordinated with Fairfax County’s Department of Transportation. The developer will also be required to perform future studies including a traffic impact analysis to resolve issue if any during the design process.

Modern-era affordable housing developments are often indistinguishable from market rate developments in their aesthetics, functionality, amenities, and services offered to residents. The proposed Bowman Towne Court redevelopment is no exception and must comply with the County’s current regulatory standards, Green Building policy for environmentally sustainable development, and design and construction best practices.

All project requirements will be negotiated as part of the Comprehensive Agreement discussions. Labor standards will be a part of those discussions.