minutes of fairfax county planning commission … · phillip a. niedzielski-eichner, providence...

MINUTES OF FAIRFAX COUNTY PLANNING COMMISSION

WEDNESDAY, JANUARY 9, 2019

PRESENT: Peter F. Murphy, Chairman, Springfield District

James R. Hart, Commissioner At-Large

James T. Migliaccio, Lee District

Timothy J. Sargeant, Commissioner At-Large

Ellen J. Hurley, Braddock District

John C. Ulfelder, Dranesville District

John A. Carter, Hunter Mill District

Julie M. Strandlie, Mason District

Walter C. Clarke, Mount Vernon District

Phillip A. Niedzielski-Eichner, Providence District

Donte Tanner, Sully District

Mary D. Cortina, Commissioner At-Large

ABSENT: None

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The meeting was called to order at 7:31 p.m., by Chairman Peter F. Murphy, in the Board

Auditorium of the Fairfax County Government Center, 12000 Government Center Parkway, Fairfax, Virginia 22035.

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COMMISSION MATTERS

Chairman Murphy announced the reappointment and swearing-in of Timothy J. Sargeant, Julie

M. Strandlie and himself. Chairman Murphy relinquished the Chair to Vice Chairman Hart.

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Vice Chairman Hart announced the reappointment and swearing-in of Commissioner Peter F. Murphy, Planning Commissioner for the Springfield District.

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Nettie White, Deputy Clerk of the Circuit Court, performed the swearing-in ceremony for

Commissioner Peter F. Murphy. Commissioner Murphy's term would expire December 2022.

/I

Vice Chairman Hart announced the reappointment and swearing-in of Commissioner Timothy J. Sargeant, Planning Commissioner At-Large.

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1

COMMISSION MATTERS January 9, 2019


Commissioner Timothy J. Sargeant. Commissioner Sargeant's term would expire December

2022.

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Vice Chairman Hart announced the reappointment and swearing-in of Commissioner Julie M.

Strandlie, Planning Commissioner for the Mason District.

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Commissioner Julie M. Strandlie. Commissioner Strandlie's term would expire December 2022.

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Chairman Murphy resumed duties of the Chair.

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Chairman Murphy announced the passing of David P. Bobzien, former member of the Planning

Commission, on December 30, 2018. Mr. Bobzien passed away at the Johns Hopkins Hospital

after his battle with leukemia. A memorial mass would be held on Friday, February 8, 2019, at

the St. John Neumann Church, 11900 Lawyers Rd, Reston, Virginia 20191. A viewing would be

held from 10:00 a.m. to 11:00 a.m., followed by a mass and reception. On behalf of the Planning

Commission, Chairman Murphy extended condolences to Mr. Bobzien's wife, Cathy Bobzien,

his sons, David Bobzien Jr. and Brendan Bobzien, his sons' wives, and his three grandchildren.

The Commission held a moment of silence in honor of Mr. Bobzien.

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Commissioner Strandlie concurred with Chairman Murphy's comments regarding Mr. Bobzien.

She added she worked with Mr. Bobzien during her tenure as Director of Grassroots Operations

Legislative Counsel. Mr. Bobzien was one of the grassroots advocates. She also worked with him

on Capitol Hill, advocating for increased funding for legal aide for individuals who were poverty

stricken. Commissioner Strandlie added Mr. Bobzien was a supportive citizen and an asset to the

community.

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Commissioner Hart concurred with Chairman Murphy and Commissioner Strandlie's comments.

He added Mr. Bobzien was a role model and believed that the practice of law was a privilege,

and that members of the Bar owed something back to the community. Commissioner Hart added

Mr. Bobzien served as President of the Virginia State Bar Association and had been an active

member.

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COMMISSION MATTERS January 9, 2019

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SE 2018-MV-004 — GOBI GOPINATH

(Decision Only) (Public Hearing on this application was held on November 29, 2018)

(Start Verbatim Transcript)

Commissioner Clarke: Thank you, Mr. Chairman. Good evening. We have a motion tonight for

deferral. We were to vote on a decision only for SE 2018-MV-004. But due the request for

indefinite deferral from the applicant, I MOVE TO INDEFINITELY DEFER THE DECISION

ONLY FOR SE 2018-MV-004, WITH THE RECORD REMAINING OPEN FOR WRITTEN

TESTIMONY.

Commissioner Hart: Second.

Chairman Murphy: Seconded by Mr. Hart. Is there a discussion of the motion? All those in favor

the motion to defer indefinitely SE 2018-MV-004, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed? Motion carries. Thank you.

The motion carried by a vote of 11-0. Commissioner Ulfelder was absent from the meeting.

(End Verbatim Transcript)

//

Chairman Murphy announced the election of officers for the Planning Commission would be

held on January 23, 2019. He stated Commissioner John C. Ulfelder would assist with the

election process.

/I

Commissioner Hart announced the Planning Commission would hold a workshop for the

proposed Zoning Ordinance Amendment, Article 6 — Density Provisions for the Reston PRC

District on Thursday, January 10, 2019, at 7:30 p.m., in the Board Auditorium of the Fairfax

County Government Center, 12000 Government Center Parkway, Fairfax, Virginia 22035.

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ORDER OF THE AGENDA

Chairman Murphy established the following order of the agenda:

1. SE 2018-MA-005 — CHRISTOPHER LAND, LLC

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SE 2018-MA-005 — CHRISTOPHER LAND, LLC January 9, 2019

The order was accepted without objection.

//

SE 2018-MA-005 — CHRISTOPHER LAND, LLC — Appl. under Sect. 3-204 and 9-

306 of the Zoning Ordinance to permit independent living facilities. Located at 3400,

3402, 3404, 3406, 3408, 3410, 3414, 3416 and 3420 Gallows Rd.; 7812, 7814, 7816,

7818 and 7820 Libeau Ln. and parcel 59-2 ((1)) 43, Annandale, 22003 on approx.

9.03 sq. ft. of land zoned R-2. Tax Map 59-2 ((1)) 29A, 29B, 30, 31, 32, 33, 34, 35,

36, 38, 40, 41, 42, 43 and 43A. MASON DISTRICT. PUBLIC HEARING.

Gregory A. Riegle, Applicant's Agent, McGuireWoods LLP, reaffirmed the affidavit dated

November 30, 2018.

There were no disclosures by Commission members.

Kelly Atkinson, Zoning Evaluation Division (ZED), Department of Planning and Zoning (DPZ),

presented the staff report, a copy of which is in the date file. She stated that staff recommended

approval of SE 2018-MA-005.

There was a discussion between Ms. Atkinson; Michael Garcia, Transportation Planning

Division, Department of Transportation; Matthew Hansen, Site Development and Inspections,

Land Development Services; Maura Ikharo, Site Analysis Section, Fairfax County Department of

Transportation (FCDOT); Sara Silverman, Office of the County Attorney; and multiple

Commissioners regarding the following:

• An overview of the Federal Fair Housing Act of 1968 and Housing for Older Persons Act

of 1995, how they applied to senior housing, and the recent changes made to the Zoning

Ordinance Amendment adopted by the Board of Supervisors;

• Mason District Land Use Committee's recommendation to deny the proposed application;

• Results from the operational analysis for a signal warrant analysis for installation of a

traffic signal at the intersections of Hemlock Drive and Gallows Road and at the

intersections of Gallows Road and Aston Street;

• Conditions of homes on the proposed site and access to water and sanitary sewer;

• Special Exception Plat, Sheet 3, Note 2., regarding length of driveways less than 18 feet

long, and parking options;

• Gorove/Slade's operational analysis conclusions for making left turns into the site;

• Development Condition Number 4 regarding the requirement for a Condominium Unit

Owners Association (COA) and specific language that stated all homes, townhomes, and

multi-family units were part of the COA;

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SE 2018-MA-005 — CHRISTOPHER LAND, LLC January 9,2019

• Concerns regarding the building elevations of the proposed multi-family building, and the origination of language in Development Condition Number 19 that addressed awnings,

gables, and shutters features;

• Integration and disbursement of the Affordable Dwelling Units (ADUs), the total number of units, and the number of parking spaces for those units;

• Semantics for compliance of stormwater management system requirements of the site, specific details, and water quality controls and treatment methods;

• By-right development scenarios where County water and sewer were not provided;

• Waivers and modifications regarding the minimum age requirement;

• Development Condition Number 21, regarding controlled and restricted access to the

multi-family building;

• Development Condition Number 8, regarding public transportation requirements,

concierge services, and safety standards for seniors;

• Development Condition Number 36, regarding a commitment for a 100-year storm detention requirement option; and

• Conditions of existing septic systems on the proposed site.

The discussion resulted in a commitment from staff to incorporate appropriate changes that

would be finalized during the deferral period.

There was a follow-up discussion between Mr. Riegle; David McElhaney, Urban Engineering & Associates, Inc.; and multiple Commissioners regarding the following:

• Limits of clearing and grading for development, expanding the stormwater facility,

maintenance, and management of the site;

• Status of the stream on site and the TNT Environmental, Inc.'s report that identified the

wetlands area as a non-perennial tree preservation target requirement, and mitigation of

stormwater runoff;

• Proposed improvements, stormwater management vault proposed southwest of the site.

Gravity flow systems in place that would control the proposed imperviousness and

provide improvements to downstream townhome structures;

• Opportunities for water quality improvements;

• Special Exception Plat, Sheet 6, clarification of the 100-year detention option; and

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• Accessibility requirement features for the single-family attached and detached units for

age 55+ population.

The discussion resulted in adding development conditions that would address the mitigation

credit for the bottom of the Potomac River and escrows for the stormwater management facility.

Mr. Riegle gave a presentation on the subject application.

There was a discussion between Mr. Riegle and multiple Commissioners regarding the

following:

• Design of the ADUs in accordance with the requirements of the Zoning Ordinance and

how they compared to the adjacent community; and

• Waiver of interparcel access to the Raintree development.

The discussion resulted in no changes to the proposed application.

//

The Commission went into recess at 9:42 p.m. and reconvened in the Board Auditorium at 10:00

p.m.

//

Chairman Murphy called the first listed speaker and recited the rules for testimony.

Donna Jacobson, 7865 Newport Glen Pass, Annandale, representing Lafayette Village

Community, spoke in opposition of the subject application because of the increase in density,

safety, and traffic issues. (A copy of Ms. Jacobson's statement is in the date file).

Michelle Seoane, 3268 Holly Berry Court, Falls Church, spoke in support of the subject

application because the application supported all aspects of aging in place, older adults would be

self-sufficient and would avoid premature dependence, would have meaningful activities that

would allow for engaging with the community, and have an effective support system for the most

vulnerable who are socially and culturally isolated. (A copy of Ms. Seoane's statement,

correspondence and petition is in the date file).

Gerry A. Andrianopoulos, 3406 Wheatwheel Lane, Annandale, representing Raintree

Homeowners Association, spoke in opposition of the subject application because the application

was incompatible with the Fairfax County Comprehensive Plan, which was amended March 14,

2017. The development would have an adverse impact on the public facility, transportation

systems, the environment, the stability of the surrounding established residential neighborhoods,

6


safety concerns, traffic issues, and reported high accident rates. (A copy of Mr. Andrianopoulos's

statement is in the date file).

There was a discussion between Mr. Andrianopoulos and Commissioner Hurley regarding an

accident analysis report that referenced concerns for older drivers making left turns at

intersections.

Edith MacArthur, 7607 Marian Court, Falls Church, representing Holmes Run Acres Civic

Association, spoke in opposition of the subject application because the proposed application

failed on many technical levels, did not meet stormwater management standards, and would have

an adverse impact on traffic, the environment, high density, tree preservation, and noise

abatement. (A copy of Ms. MacArthur's statement is in the date file).

Carol Turner, 3223 Sargent Drive, Falls Church, representing the Mason District Council, spoke

in opposition of the subject application because the proposed application did not meet the Fairfax

County standards for a special exception. The proposed application was not in accord with the

Comprehensive Plan for the Annandale Planning District A9 Holmes Run Community Planning

Sector guidelines. (A copy of Ms. Turner's and the Mason District Council's statement is in the

date file).

Ramses Rubio, 3412 Gallows Road, Annandale, representing the Gallows Association, spoke in

opposition of the subject application because of the increased traffic, accidents on Gallows Road,

and partial road closures that would exist during construction of the proposed development. Mr.

Rubio's father had been involved in two of those accidents. Mr. Rubio's home was the last home

not part of the sale for the proposed site. His home operated from a sewage system. Mr. Rubio

clarified that there was a trail in front of his home and not a sidewalk.

There was a discussion between Mr. Rubio and Commissioner Hart regarding whether the

proposed development adversely affected the use or development of Mr. Rubio's property. Mr.

Rubio stated there would be an adverse effect to his property during the construction phase of the

development, decrease the value of his property, and walking his dog would become

problematic. During construction, the use of the sidewalks for biking to work or partial road

closures would be impeded.

Ed Feige, 3723 King Arthur Road, Annandale, representing Camelot Civic Association, spoke in

opposition of the subject application because of the physical nature of the proposed development,

its encroachment on single-family communities, and continued increased traffic and safety issues

on Gallows Road. The physical footprint of the development was incongruent with the

surrounding communities. With the growth of INOVA Fairfax Complex, the west side of

Gallows Road was heavily congested during peak rush hour periods. The new INOVA Exxon

Mobile site would add thousands of new vehicles coming in and out of the facility. There were

two entrance egress points and would propose four to five access points out of the facility on to

Gallows Road. Access to Gallows Road was important because of the INOVA Regional Trauma

Center, which was based at the INOVA Fairfax Hospital. The INOVA Emergency Rooms and

Emergency Centers were located on Gallows Road. The increased traffic would cause a gridlock

7


in case of life or death situations. The Camelot Civic Association supported the Mason Land Use

Committee's opposition to the proposed development.

Eric Larsen, 3408 Gallows Road, Annandale, spoke in support of the subject application because

he never had safety concerns crossing Gallows Road from the crosswalk. Mr. Larsen addressed

some issues regarding homes that currently utilized septic tanks. Septic tanks near city locations

were dangerous to the environment and animals, both wild and domestic. In some cases, septic

tanks contaminated the soil. The odor and risk of failure would be harmful to a community. The

beams in a septic tank would be toxic and would make the air difficult to breathe. Natural water

sources and underwater ground streams would be at risk of contamination. (A copy of Mr.

Larsen's statement is in the date file).

There was a discussion between Mr. Larsen and Commissioner Niedzielski-Eichner whether Mr.

Larson's home was on a septic tank system, experienced odor, or whether there were impacts to

nearby animal life. Mr. Larson stated his concerns were based on potential impacts.

Commissioner Niedzielski-Eichner informed Mr. Larsen his testimony was graphic of a system

widely used in the Fairfax County and was protected by health and safety measures.

Commissioner Niedzielski-Eichner cautioned against overstating the risk of non-existent issues.

Clyde Miller, 3436 Skyview Terrace, Falls Church, representing Holmes Run Valley Citizens

Association, spoke in opposition of the subject application because it did not meet the intent of

an independent living facility (ILF) and should not be allowed the ILF density multiplier. The

proposed development did not include services generally required for aging in place residents.

The development's proposed management structure should be revised, traffic was a major

concern, and there were issues with transitional screening on the west side of the property line.

(A copy of Mr. Miller's statement is in the date file).

Edward Levine, 3410 Executive Avenue, Falls Church, spoke in opposition of the subject

application because it would increase the level of traffic, noise, pollution, destroy the natural

habitat, and increase storm runoff. The development had one two-lane street at the entrance for

emergency vehicles and was a risk factor. (A copy of Mr. Levine's statement is in the date file).

Christiane deJong, 3327 Hemlock Drive, Falls Church, spoke in opposition of the subject

application because it would render Gallows Road a special exception corridor and burden the

low-density residential neighborhoods. The preserved part of the area's post-war development

and architectural heritage would be impacted. (A copy of Ms. deJong's statement is in the date

file).

Madeline Malovany, 3442 Joan Court, Falls Church, spoke in opposition of the subject

application because of the increased traffic, overcapacity of schools, and possible changes to the

character of the neighborhood's historic single-family mid-century homes. (A copy of Ms.

Malovany's statement is in the date file).

Martha Melzow, 7902 Towerbell Court, Annandale, representing Raintree Homeowners

Association, spoke in opposition of the subject application because of traffic safety concerns and

challenges of gaining access to 1-495 from Wheatwheel Lane during the early morning and late

8


afternoons. The proposed development was not appropriate for the nine-acre site. The streambed, wetlands, trees, and wildlife habitat would be impacted, and preservation would be required. (Ms. Melzow read a statement on behalf of Maureen Murphy. A copy of Ms. Murphy's statement is in the date file).

Edith Clark, 7702 Holmes Run Drive, Falls Church, spoke in opposition of the subject application because there were no viable means, other than by car, of getting to grocery stores,

dry cleaners, shops, restaurants, coffee shops, and other eateries in the two closest locations. The proposed development would rezone an R-2 and R-3 to an R-12 with a multistoried, multifamily block of apartments that would be out of context and character with the surrounding R-2 and R-3 single-family neighborhood. The proposed development was not suitable for the topography of

the site and the Army Corps of Engineers designated the slope into the Accotink Watershed as a no-dwelling area. The development would convert most of the acreage into non-permeable surfaces which would increase the flow of storm water and its accompanying detritus into the Accotink Watershed. (A copy of Ms. Clark's statement is in the date file).

Amal Eltayeb, 7901 Carrousel Court, Annandale, spoke in opposition of the subject application because of the environmental and emotional impact of future residents. Based on the experience of caring for an aging parent, Ms. Eltayeb stated there would be no community life for future residents. Increased density in a small area would impact the climate and lead to environmental degradation, which would decrease the quality of water, air pollution, drainage, and sewage.

Keith Peterson, 33109 Hartwell Court, Falls Church, representing Holmes Run Acres, spoke in opposition of the subject application. Mr. Peterson stated land use must be balanced to support transportation infrastructure. Mr. Peterson added Fairfax County should support the conservation of appropriate land areas in its natural state. Clearcutting, paving over, and pumping stormwater into underground concreate vaults would not preserve the natural state and was not in harmony with the Comprehensive Plan.

Sanja Lama, 2811 Laura Gae Circle, Vienna, spoke in support of the subject application because the development would allow for the option of obtaining public drinking water, a sewage disposal system, and access to natural gas. (A copy of Ms. Lama's statement is in the date file).

David Hechtman, 7705 Poplar Tree Lane, Vienna, spoke in opposition of the subject application because of use was hazardous and conflicted with existing vehicular and pedestrian traffic. Virginia Department of Transportation (VDOT) traffic reports showed a high number of traffic collisions and injuries on Holmes Run Drive, Aston Street, and at the vicinity of Woodburn Elementary School. The lack of traffic signals and medians on Gallows Road and the absence of a four-way intersection were major safety concerns. (A copy of Mr. Hechtman's presentation is in the date file).

There was a discussion between Mr. Hechtman and Commissioner Niedzielski-Eichner regarding clarification of Mr. Hechtman's traffic data analysis. Mr. Hechtman confirmed the data originated from two public VDOT databases that reported the same trends and his understanding of the accidents were also VDOT's interpretation.

9


Paul Klingenberg, 7810 Ridgewood Drive, Annandale, spoke in opposition of aspects of the

development, namely traffic issues and potential impacts on the Woodburn Elementary School.

Traffic increased over the last 25 years and it was difficult to make a left turn from Aston onto

Gallows Road. Safety was also a major concern. Traffic coming down the hill on Gallows toward

1-495 frequently traveled 15 miles or more over the speed limit. Regarding traffic impacts around

Woodburn Elementary School, the applicant believed there would be no effect or concerns

because of the age range of future residents. (A copy of Mr. Klingenberg's statement is in the

date file).

Mary Ginevra, 3406 Gallows Road, Annandale, spoke in support of the subject application

because, like Mr. Larsen, she never had safety concerns crossing Gallows Road from the

crosswalk. Ms. Ginevra did not own a car and utilized public transportation. She sometimes

traveled on foot across the bridge over the beltway, walk to her favorite restaurant, and to

[NOVA Fairfax Hospital to access public transportation. Woodburn Manor benefited the area and

there was a demand for the proposed development.

Linda Lees, 9705 Brookhill Lane, Vienna, spoke in support of the subject application because the

current housing situation on Gallows Road and Libeau Lane was unsafe and in need of

redevelopment, housing options for seniors were limited, impact on schools had been negated

with the community, and impacts to traffic along Gallows would be minimal and possibly

improved with fewer driveways. Traffic studies reflected a small increase in number of trips

generated. The applicant offered funds to install a traffic light. (A copy of Ms. Lees' statement is

in the date file).

Ric Jarman, 9701 Brook Hill Lane, Vienna, spoke in support of the subject application because

he was close to the age of retirement and the proposed development served residents over the age

of 55 years, offered services supported aging in place, and was near INOVA. He stated there was

a high demand for such housing in Fairfax County. Mr. Jarman did address concerns with the

surrounding infrastructure. He added investments should be made to mitigate the water, electric,

and traffic issues.

Arun Isuk Apalli, 3713 Wheatwheel Lane, Annandale, spoke in opposition of the subject

application because of high intensity traffic on Gallows Road that included vehicles turning left.

Gallows Road was a hazardous bypass for the beltway. There were major safety concerns for

parents making a left turn off Hemlock Drive and Gallows Road to the Woodburn Elementary

School. The crosswalk was not reliable and, as a result, a police officer was stationed during

National Walk to School Day. Mr. Apalli recommended that a comprehensive traffic study using

microsimulation that analyzed the impact of traffic along the entire length of the Gallows

corridor should be conducted.

There was a discussion between Ms. Ikharo and Commissioner Niedzielski-Eichner regarding

Mr. Hechtman's traffic data, which had been obtained from VDOT and the interpretation of that

data. Ms. Ikharo stated the level of crashes and traffic data obtained was common throughout

Fairfax County. The traffic data was not site-specific.

The discussion resulted in no changes to the proposed application.

10


In his rebuttal testimony Mr. Riegle stated Mr. Jon Bach, with Community Management

Corporation, a speaker who was slated to offer testimony to the Commission in support of the

application and had practical experience managing communities like the proposed development.

Mr. Bach would submit written testimony to the Commission during the deferral period and

would respond to some of the operational considerations discussed. Mr. Riegle stated the

standard and provisions in the proposed application was in place for several years and was recently reaffirmed by the Planning Commission and the Board of Supervisors in December

2018. He added during the deferral, it would be beneficial to look at how those standards were applied in the past. The product, scope of services, and the associated regulations were regulated

as proposed by the staff at a much higher level than other approved facilities. Regarding traffic

and transportation, Mr. Riegle stated the peak hour differences were incremental. The Institute of

Transportation Engineers (ITE) numbers uses in the study were conservative in the context of the

proposed application. The ITE rates presumed a certain number of workforce participation. Mr.

Riegle added that, based on the discussions, the applicant would work with staff to improve on

some of the conditions and add conditions to mitigate some of the concerns.

There being no additional speakers, comments or questions from the Commission, Chairman

Murphy closed the public hearing and recognized Commissioner Strandlie for action on this

application.

(Start Verbatim Transcript)

//

Commissioner Strandlie: Thank you, Mr. Chairman. I wanna thank everyone for coming out and

raising questions, many of which we have already raised and others that we hadn't thought about.

We will be going back and looking at this over the next three weeks and we'll keep everyone

apprised. With that Mr. Chairman, I'll make a MOTION TO — TO DEFER THE DECISION

ONLY ON SE 2018-MA-005 TO A DATE CERTAIN OF JANUARY 30TH, WITH THE

RECORD REMAINING OPEN FOR WRITTEN AND ELECTRONIC COMMENTS.

Commissioner Hart: Second.

Chairman Murphy: Seconded by Mr. Hart. Is there a discussion of the motion? All those in favor

of the motion to defer this application, decision only, to a date certain of January 30th, with the

record remaining open for comments, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed? Motion carries.

The motion carried by a vote of 11-0. Commissioner Ulfelder was absent from the meeting.

(End Verbatim Transcript)

II

11

Z.O. AMENDMENT— SIGN ORDINANCE ARTICLE 12, January 9,2019 SIGNS, AND RELATED PROVISIONS

The meeting was adjourned at 12:21 a.m. Peter F. Murphy, Chairman

James T. Migliaccio, Secretary

Audio and video recordings of this meeting are available at the Planning Commission Office, 12000 Government Center Parkway, Suite 330, Fairfax, VA 22035.

Minutes by: Samantha Lawrence

Approved on: July 31, 2019

Jacob L. Caporaletti, Clerk to the Fairfax County Planning Commission

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