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Oct. 10, 2000 Land Use Committee Minutes

Flint Hill Elementary School

ATTENDING: Committee members - Lois Rice, Bruce Wright, Edythe Frankel, Steven Cerny, Feliza Kepler, Gene Klein, Antonio Lizardi, David Gibson, and Joe Stowers.

Other attendees: Goldie Harrison, Supervisor Hudgins' office, Elizabeth Baker of Walsh, Colucci, Stackhouse, Emrich & Lubeley, Rae Noritake, Architect for Dulles Corner Properties, Joe Drake, consultant to Dulles Corner Properties, Rev. Culkin of St. Mark's Catholic Church, Jim O'Brien, O'Brien & Keene Architects, and approximately 75-80 citizens.

The meeting was called to order at 7:35 by Mr. Stowers.

Mr. Stowers, the meeting chair, introduced himself as did each member of the Land Use Committee.

The draft agenda was discussed and there were no objections.

The minutes for the Sept. 9 & 19 meetings were approved. A member of the audience asked if the minutes were available and Mr. Wright stated that the committee will place them on the Hunter Mill District web site.

Dulles Corner Properties, LLC, PCAs & FDPs 86-C-029-8, 88-C-066-4, 96-HM-044-2, 33 acres on the east side of Horse Pen Rd at Coppermine Rd - Ms. Baker gave a brief overview of the proposed development. The application is a refinement of previously approved development plans. Six buildings are proposed, a total of 1.18 million sq. ft., which is unchanged from the previous plan. .7 FAR is also unchanged. The building proposed for parcel 13, a small isolated parcel on the southern border, is being eliminated. There will definitely be 3 buildings on parcel 13A as opposed to 2 or 3 in the earlier plans.

A trail system is planned for pedestrian use within the complex and along Horse Pen Rd, Enterprise Dr, and around the surface water management pond to connect with the adjacent property over the existing bridge. In parallel with this application, the applicant is also asking the County to abandon the old Horse Pen right of way. The County staff report for this application was published last week.

Mr. Wright asked why a 6' concrete sidewalk will be used on the Horse Pen frontage when the County trail plan calls for 8' asphalt. Mr. Drake stated that a special exception was requested with the earlier application and was approved. Mr. Wright suggested that asphalt may be more appropriate for the trail around the storm water facility because it is easier to maintain, mentioning that the existing stone dust trail on the adjacent property is severely eroded in some sections. Mr. Drake stated that stone dust was used to discourage recreation users on wheels such as skate boarders and roller bladers.

Ms. Rice asked if 150' building heights were possible given the proximity to Dulles Airport. Mr. Noritake stated that the 150' height was already approved. The Dulles runway is parallel to the proposed buildings and would not interfere with flight lines.

Ms. Rice asked about the reduction of open space from 44 percent to 42 percent. Ms. Baker stated that a reduction was no longer being requested, that the open space is now calculated to be 46%.

Ms. Rice asked about the Resource Protection Area encroachment. Mr. Drake stated that this was previously approved.

Mr. Gibson stated that given the proximity to a propsed rail station, was there a reduction of parking under the assumption that a percentage of the building occupants will take public transit. Mr. Drake stated that a majority of the parking will be structured parking, and that there are provisions for 100% of occupants to park. There is currently inadequate public transit, a single bus line that 'professionals' do not use and that rail is not scheduled for completion for many years.

Mr. Gibson was concerned about future traffic, especially given that Fox Mill Rd to the north is two lanes. Mr. Drake stated that Fox Mill improvements were proferred for the Dulles Corner property and will be completed, if approved, concurrent with this application. Mr. Gibson was still concerned about the lack of public transit in the area, and thinks there should be more emphasis on public transit.

The next meeting on this application is Oct. 17, and the Planning Commission hearing is Oct. 18. Mr. Stowers suggested that questions about the application be directed to Mr. Klein and Ms. Harrison as soon as possible.

St. Mark's Catholic Church school, SE 00-H-028, on Vale Rd - Mr. O'Brien discussed modifications to the building design, stating that at Father Culkin's request, the air conditioning mechanical units were moved from the top of the structure to the east side, to better shield the neighbors from noise.

Father Culkin discussed a limited soil and water sampling investigation report conducted on Sept. 12 and Sept. 19. The report was handed out to the committee members (minus figures). Surface soil samples were taken from locations adjacent to the church property. Cadmium was found in one surface soil sample, below the reporting limit, and magnesium and zinc were detected in all samples but within their respective normal range. The magnesium and zinc may be from past fertilization. Groundwater flow direction was evaluated using existing well information. Flow direction was determined to be toward the east, from Trott Ave, across church property toward Gerken Ave. For many of the wells there was no infomation available from the Fairfax County Health Department. A more comprehensive groundwater investigation would be required to determine whether there might be significant impacts on wells for which there aer no data available.

Q. Who paid for the study? A. St. Mark's. Comment: An independant study needs to be conducted.

Q. If the report is correct, what bonds will be posted by St. Mark's to pay for any damages incurred by possible well contamination? A. The source of contamination could come from many places, not necessarily the church. No, the church will not put up a bond.

Other concerns were expressed regarding the effect of the influx of parent's vehicles on pavement runoff, and on contamination of shallow, hand dug wells.

Mr. Stowers stated that these concerns will be brought to the attention of the County staff contact, Cathy Belgin.

15 speakers signed up to speak:

Cathy Kelly - She is a local resident who is willing to contend with delays on Vale Rd for the sake of constructive change in the community. She supports the proposed school. Her statement was given to the committee.

Cecelia Thieman - As neighbors, we should all work together to support the proposed school. Delays will only occur during a very small part of the day.

Michael Zaskowski - Vale Rd resident who encouraged the committee to see beyond the numbers and abstractions presented by the applicants and to consider whether or not the proposed development is in harmony with the low density residential character of the neighborhood.

Rachel Zachary - Showed pictures of flooding on Trott Ave. The proposed development will change the elevation and runoff problems will be worse. Mr. O'Brien responded that the rainwater runoff from the church will go into buried culverts and then into sand filters. Response from audience: what about the runoff from Trott Ave onto Church property. Mr. O'Brien stated that this is taken into consideration in the site plans.

Vito Florimonte - Mentioned that in the July 26, 2000 In-Fill study, sand filters are prohibited in resdiential areas in the Fairfax County Public Facilities Manual. Ms. Frankel stated that they are not allowed in residential areas due to County maintenance concerns, but they are allowed for commercial and institutional properties where County taxpayers are not responsible for maintaining them.

Lou Kriser - Concerned about what the committee will be giving to Supervisor Hudgins. She needs the facts and perhaps the committee shouldn't make the decision. Reminded the committee that the application is for a center, a complex that is open 7 days a week. Mr. Stowers responded that the committee relies on Fairfax Co to ensure that the facts of the case are correct and included in the staff report. It is the role of the committee to digest the facts and issues and present a recommendation to the supervisor.

Roger Holtorf - The main issue is whether the proposed development is in harmony with the existing neighborhood. The zoning ordinance states that there should be no adverse effect produced by the development and that it should be in harmony with the general purpose and intent of the applicable zoning district regulations. The Vale Road Coalition talked to 801 households within 1 mile of the church. 469 oppose it, 188 do not take a position, and 144 support the school.

Bob Blair - 1) Will the Church rent the gym and other facilities? Fr. Culkin: No, not to outside organizations. Church members may rent facilities for weddings and other social activities.
2) Will the Church address problems associated with the old air conditioners? Part of the unit will be moved inside the Church, but the fans will remain outside. There was a request for a follow-up meeting with the Church to discuss the noise from the fans.
3) What is the process after this meeting? Mr. Stowers: The Planning Commission will meet on Nov. 9. After this session the committee will discuss what to do next. Further written comments can be submitted.
4 ) What form will the recommendation take? Mr. Stowers: The committee will address the controversial issues, suggest ways to mitigate the issues, then vote to either recommend approval with conditions or recommend denial.

Christine Frederick - Member of St. Mark's parish. Supports the school but would like to see continuous sidewalks in the neighborhood. Thinks that maybe now is the time to put a turn lane at the Vale Rd and Hunter Mill Rd intersection even if it means purchasing property from adjacent parcels.

Alton Hlavin - Former school administrator in charge of school construction. Supports the school and thinks it is good public policy to relieve school overcrowding.

Robert Hamberger - Wants to preserve the status quo. Wanted to hear from people who live near the school and support it as well as parents of potential students of the school, of which there were few if any present at the meetings. Questions to the committee: 1) Who makes the final decision on the school and center? Mr. Stowers: The Board of Supervisors with County staff and Planning Commission recommendations.
2) What are the requirements for special exceptions? Ms. Frankel: The County has standards for special exceptions, and the County staff analyze whether or not the standards are met.
3) Was glad to hear that the committee asks for concessions, then votes. If the church could do something to address concerns, such as provide busing, and they don't, is this cause for an automatic rejection? Mr. Stowers: Each member of the committee passes judgment based on his or her own evaluation of the facts and arguments presented.
4) What is the appeal process for special exceptions? Is pro bono legal support provided to citizens to fight the decisions? Mr. Stowers: There is no appeal process. The only recourse is a legal challenge, and there may be legal aid available but the County does not provide pro bono support to fight one of it's decisions. Ms. Frankel stated that under Robert's Rules of Order, a move can be made to reconsider a decision, at the next meeting, if it is made by someone who voted with the majority. Mr. Lizardi: The Planning Commission recommendation is not binding on the Board of Supervisors.
5) Is there a record of the proceedings? Mr. Stowers & Ms. Frankel: Yes, there are minutes of the Planning Commission and Board of Supervisors meetings and transcripts of all deliberations.

Vern Wattawa - Believes that the turn lane to the Church property must be a minimum of 200', so the current lane must be lengthened. The traffic projections must be longer than the current projections of 3 years. Should use 8-9 years instead.

Nelson Barry - Agrees that change is inevitable, but it should be for the better. The negative impact on the neighborhood is not lessened by this being a church.

Patrick McDermott - Lives on Rocky Branch Rd and is concerned about traffic. Some parishoners park on his street, indicating that parking is inadequate. Don't forget that we are talking about a Christrian Formation Center.
1) Will the classrooms be used after hours? Fr. Culkin - Anticiaptes the same functions as presently occur. There could be additional Friday evening youth programs of approximately 100-150 youths. There could also be PTA meetings. On Sunday morning the classrooms would be used for Sunday School classes.
2) Regarding the traffic study, 2.5 children/vehicle is unrealistic and the threat of withdrawing the school license carries little weight. Fr. Culkin: The Church guarantees that there will be a minimum of 2.5 children/car and that side streets will not be used. Buses cost too much and would add significantly to tuition costs. Sandy Struckmeyer: St. Timothy's school has busing that costs about $530/yr for one child and $790/yr for two children which seems reasonable.

Karol Straub - The neighborhood will bear the cost of the impact of the school.

Linda Detler - A neighbor who supports the school. The car pools will probably have more than 2.5 students/vehicle, that's what the large SUVs are for. There are other schools around, including tonight's meeting room, and they are accepted by the community.

Audience: Is an environmental impact statement required? No.

Local resident: Was once called to pick up her sick son and was delayed 12 minutes on a Sunday morning waiting for Police to allow traffic on Vale to proceed. Concerned about daily delays because of school traffic.

Local resident: The Zoroastrian application, if accepted, will compound the traffic problem in the area. The traffic study is biased and the County is obligated to do its own study. Mr. Stowers: The County staff will look very closely at the study and can determine if it is biased.

Local resident: Wants Supervisors Hudgins and Connolly to attend the meetings as they are the accountable representatives. Mr. Stowers: Ms. Harrison of Supervisor Hudgins office is present.

9:45 p.m. The public meeting was adjourned. The committee met afterwards to discuss the next steps to take. Supervisor Hudgins would like to meet with a smaller group of representatives from the community and the Church and the Land Use Committee to discuss the issues and seek agreement on possible changes and improvements in the plan. Once the issues have been addressed, the committee will vote. Ms. Harrison will determine the best time for the meeting.

The meeting was adjourned at 10:10 p.m.

Minutes submitted by Mr. Wright.


    

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