Herndon leaders past and present are surveying the aftermath of Comstock’s decision to officially pull the plug on its long-percolating downtown redevelopment project, but so far, they’re not blaming the developer.
With details of its separation from Comstock still being worked out, including the fate of the Arts Herndon building that would’ve been demolished, the Town of Herndon declined to comment beyond interim town manager Chris Martinez’s announcement last Tuesday (Dec. 10).
Some current and former elected officials, however, believe the seeds of the project’s demise were rooted in decisions made years earlier.
Former mayor reflects on legacy
The planned development — which would’ve transformed 4.7 acres of Herndon’s historic downtown with apartments, an arts center, retail space and a parking garage — was a top priority for former mayor Lisa Merkel during her decade in office.
Merkel, who served one two-year term on the Herndon Town Council before becoming mayor in 2012, says she’s “devastated” to see the town in its current position.
“This revitalization wasn’t just another project for me — it was the very reason I ran for office and ultimately served as your mayor,” she said in a statement to FFXnow that she also shared on Facebook. “I spent ten years on Council — my children’s entire childhood — working to make our downtown vision a reality.”
Comstock’s proposed development grew out of a downtown master plan adopted by the town council in February 2011. That vision included a public arts center on the Center Street block where Arts Herndon is currently located and a parking garage surrounded by mixed-use buildings with retail and restaurants on the northeast quadrant of Elden and Center streets.
The town council solidified an agreement with Comstock in November 2017 for 281 apartments, 17,600 square feet of retail, an 18,000-square-foot arts center and plaza, and a 761-space parking garage.
One of Merkel’s last votes, she noted, was to approve an amended agreement in November 2020 that revised the project’s scope, reducing the number of apartments down to 273 and the arts center to 16,252 square feet. The next month, she signed documents transferring the project site to Comstock, her final act as mayor.
When she left office, Merkel says the town was “all but certain construction would begin in 2021,” meeting a Dec. 31, 2021 deadline set by the agreement.
“The project continued to meet all major milestones through the end of my term, with Comstock enthusiastically reaffirming their commitment to moving forward with construction in late 2020,” Merkel said. “What I do know is that we had everything in place for this project to succeed.”
Original development deal scrutinized
However, at least one current council member believes the original agreement with Comstock was flawed, undermined by a lack of hard delivery and milestone dates as well as insufficient protections for the town.
The agreement included a project schedule that both parties had an “affirmative obligation to comply with,” but the schedule was described as preliminary and could be revised. It also gave Comstock a two-year pause to wait out “adverse changes in the multifamily or retail market” — an option that it exercised in 2022 — and “sole determination” over whether to back out due to increased costs making the project “economically infeasible.”
The structure of the agreement “didn’t allow for the town to have any real leverage or recourse,” says Councilmember Cesar del Aguila, who told FFXnow that he’s “not pointing fingers at Comstock.”
“I think it was naive of the council at the time … to think a for-profit entity had the power or capacity to give more than what they could, and witness the result,” he said. “I think [Comstock] made a business decision based upon their levers that they define as success for their company, and it did not align ultimately with what the town wanted, needed or was willing to receive.”
The latest amendment that the town was negotiating and hoped to have approved by the town council on Dec. 10 would’ve required Comstock to close on financing for its development by March 31, 2025 and start construction by April 30.
In her statement, Merkel defended the agreement, noting that it was unanimously approved by the town council and got the backing of both independent experts and “residents with development experience.”
“When we adopted the Comprehensive Agreement, one resident with extensive real estate development experience testified that the deal was so favorable to the town, he would have advised Comstock not to sign it,” she said. “Our legal team was world-class, and we had structured a deal that protected Herndon’s interests while moving us toward the vibrant downtown our community deserved.”
Though she hasn’t been privy to internal discussions since leaving office, the former mayor argues that the deal was doomed by a nearly year-long delay that came after three property owners adjacent to the site appealed the Heritage Preservation Review Board’s approval in 2018.
The appeal led Comstock to withdraw its development plan. The board ultimately approved a resubmitted application in May 2019, and none of the residents who filed appeals still live in the Vinehaven neighborhood today, Merkel says.
“That appeal cost us over a year of precious time and in my opinion is ultimately what killed this deal,” Merkel wrote. “Had we broken ground before COVID, we would today be enjoying not just our new Arts Center and Arts Walk, but the vibrant community gathering spaces and economic benefits that downtown residents have wanted for decades.”
Confidence in downtown’s development potential remains
While they may disagree on factors that led to the Comstock agreement’s collapse, both Merkel and del Aguila maintained confidence in downtown Herndon’s viability for redevelopment — a sentiment shared by other town officials and even Comstock itself.
The current economic climate prevented the developer from moving forward with its planned project right now, but Comstock CEO Chris Clemente says his company supports the town’s vision and hasn’t closed the door on a future partnership.
The Town of Herndon has been a great partner throughout our collaboration, and we deeply value the efforts made to bring this project to fruition. However, current market conditions — including the cost of financing a project design that reflects the character and history of downtown Herndon — continue to impact the viability of initiating this project at this time.
As we navigate these challenges, we look forward to exploring possibilities with Herndon’s incoming leadership. We remain committed to ensuring that the vision for this project becomes a reality and aligns with the community’s aspirations. While our team is enthusiastic about contributing to the project’s success, we acknowledge the potential need for an additional partner who can build upon the groundwork we have laid with the Town to achieve this shared goal.
We appreciate the continued support and collaboration of the Herndon community and look forward to seeing the historic downtown thrive with this project’s future development.
Whether town leaders would be open to working with Comstock again remains to be seen.
Merkel believes Herndon will have the right person at the helm to make those decisions, praising the “strong leadership and renewed focus on executing community-supported projects” of council member and incoming mayor Keven LeBlanc.
“Most importantly, Keven is focused on the people who live here and their desires for our town — he listens to residents and puts their needs first,” she wrote. “His business acumen and commitment to moving Herndon forward are exactly what we need to get back on track.”
LeBlanc, who was elected mayor on Nov. 5 after getting endorsed by Merkel and current Mayor Sheila Olem, acknowledged the community’s “significant frustration” with the redevelopment project, while highlighting existing downtown attractions, such as the annual Herndon Winter Markt that drew a crowd this past Saturday (Dec. 14).
“I remain hopeful and committed to the vision of our downtown master plan to create a vibrant, welcoming space that reflects the character and needs of our community,” LeBlanc said in a statement to FFXnow. “In the meantime, our downtown remains active with holiday and cultural events and thriving businesses as we continue to examine additional programs that make Herndon a wonderful place to live, work, and gather.”
Though the Comstock project didn’t work out, planning is continuing to progress on other developments, including sites closer to the Herndon Metro station, del Aguila noted.
Reelected for a fourth term on the town council, he sees an opportunity for the town to take a new look at what it wants out of its future downtown.
“I think we need to really think hard of what we want the downtown to be. I think what was desired and the way it was desired apparently is not feasible financially,” del Aguila said. “… So, we need to look at what we’re asking — is it realistic? — and then weigh that in terms of what it is we want, what we desire for the downtown.”
Rendering via Comstock
