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April 15, 2003 Land Use Committee Minutes

North County Governmental Center Community Room

Summary of meeting:

RZ/FDP 2002-HM-043, SE 2002-HM-040, Arrowbrook Center - Deferred.

RZ/FDP 2002-HM-044, BRE/VCD Associates (Village Center) - Expansion of the existing commercial/retail development and a new drive-through bank at the Clocktower retail center. Committee voted to recommend approval of the application.

RZ/FDP 2002-HM-041, Artery Homes (9105 Ridge Road) - Proposal to rezone from R-1 to R-3 to build 5 homes. Committee voted to recommend denial of the application.

RZ/FDP 2002-HM-024, Engle Homes Virginia (2335 Fox Mill Road) - Proposal to build 14 town homes on Frying Pan Road. Committee voted to recommend approval of the application.


Attendees: Chris Jaeschke, Arthur Hill, Sarah Newman, Thom Arnsperger, Edythe Kelleher, Steve Cerny, Craig Kennedy, Bruce Wright, and David Gibson.

Other Attendees: Goldie Harrison, Hunter Mill District office, Frank de la Fe, Hunter Mill District Planning Commissioner, Lynne Strobel (Walsh, Colucci, Lubeley, Emrich, & Terpak), Fred Taylor, Mr. Khan, Mr. Ha, Gilbert Osaquada, and Mr. Cheng, DPWES, Charles Dunlap, of Walter L. Phillips Inc., Jim Goodnight, Mr. Ehinger.

Meeting called to order 7:35 p.m.


RZ/FDP 2002-HM-043, SE 2002-HM-040, Arrowbrook Center, Agent Elizabeth Baker - The Arrowbrook Center application presentation was postponed. It will not be heard at the scheduled Planning Commission meeting. A May 21 PC meeting is now scheduled.


RZ/FDP 2002-HM-044, BRE/VCD Associates (Village Center), Agent Fred Taylor, CM Thom Arnsperger - A section of Old Fox Mill Rd. will be bought by the developer and a sliver of the road will be abandoned. That piece of land will be rezoned. The developer is still trying to hold a meeting with VDOT to try to get approval of a right turn lane on Sunrise Valley Dr for eastbound traffic from Centreville Rd. The right turn lane is not recommended by VDOT because it is too close to Centreville Rd. Mr. Wright stated that he strongly supports the lane, noting that the Sunrise Valley Dr entrance to the shopping center is difficult to navigate and needs to be fixed.

Mr. Wright pointed out that there is no crosswalk at the current entrance/exit on Sunrise Valley Dr and on McNair Farms Rd at the other entrance. Mr. Taylor said that he would bring up the issue with DOT.

Mr. Arnsperger says that the applicant has been very responsive and thinks that the improvements are all needed. The turn lane reservations expressed by VDOT may be legitimate but should be able to be worked out. There may be some problems related to traffic at the drive-in bank but they may not be significant and wouldn't outweigh the benefits.

Sign plan - It was presented for general information. Signs will be placed in several locations, at the major intersections. Mr. Arnsperger would like a sign design submitted to which Mr. Taylor agreed.

Ms. Newman - Traffic in the area of the bank is dangerous at times. The bank will cause more problems. Mr. Taylor - The location of the bank has been moved and parking spaces removed to address the traffic issues.

Mr. Kennedy wanted to know about the development across Centreville Rd (Dulles LLC). Now may be a good time to take a look at the bigger picture including this site.

Mr. Arnsperger recommends approval of RZ/FDP 2002-HM-044, Ms. Newman second, Friendly amendments were suggested to recommend approval of the right turn lane, addition of a sign plan, and evaluation of the crosswalks in the perimeter. The amendments were accepted. The motion carried unanimously.


RZ/FDP 2002-HM-041, Artery Homes (9105 Ridge Road), Agent - Lynne Strobel, Case manager - Chris Jaeschke

Ms. Strobel was delayed and the discussion proceeded without her. Cathy Belgin - The staff report is due later this week. Staff will likely recommend approval. On residential proposals, depend on the residential development criteria. Current proposal is for 5 lots (originally 6). R-3 cluster. Stormwater runoff issues are the most important. The developer is working with staff to ensure that BMP facilities are adequate.

Reyum Khan, DPWES, stated that what the developer's engineer is suggesting is appropriate. Staff has done calculations that validate the proposal. Mr. Khan visited the site yesterday. He suggested that a geotechnical report is needed at the time the site plan is submitted. Soils are highly arable and there might be some seepage. May need clay lining, and these issues would be addressed at that point.

Mr. Cheng with DPWES stormwater planning division. DPWES had a project in a downstream site at 1865 Foxstone Dr., that was flooded with 5 feet of water in basement. Discovered inadequate overland relief. A 4.5 foot flood wall built by the property owner in his backyard to prevent flooding of the basement. The pond that failed was built under older specifications than the proposed pond.

Jim Goodnight at 1847 Foxstone had questions about the proposed drainage. He referred to the drainage divide in the center of property, compared to the proposed grade line. Mr. Ha, DPWES, suggested creating a berm to direct flow toward Foxstone. He referred to a cross section and the fact that the slope will be increased and additional impervious surface will be created. Water from roofs will flow offsite.

The staff report will not contain the final plans, which are subject to continuous modification.

Overland flow will be directed into the stream when there is excess flow.

Ms. Strobel of Walsh Colucci arrived.

The site contains 2.23 dwelling units per acre. The developer is trying to address the comprehensive plan, which includes a requirement for final engineering of the pond.

Mr. Dunlap - Drainage calculations given to staff and approved. Predevelopment runoff for a 2-year storm, 3.3 cubic feet per second (cfs) is expected. For a 10-year storm, 5.6 cfs is expected. Discharge will flow into Wolf Trap creek.

After development the figures change to 5.25 cfs (2 year) and 7 cfs (10 year). Max permitted discharge from the pond (2 year) is 3.08 cu ft /sec. Routed discharge is 1.62 cu ft/sec. 10 year max 5.56 cu ft/sec, routed is 3.17 cu ft/sec. Portions of the site will still perc. Overall the flow into the stream will be less. The engineer is working with guidelines from the 1993 Chesapeake Bay Act and County dam standards.

Gilbert Osaquada with DPWES discussed a sanitary sewer issue where the sewage backed up into homes. In August 2002, 1856 and 1858 Foxstone had problems. Mr. Osaquada said the problem was attributed to fat, oil and grease buildup in the sewer line. There was some discussion of capacity and size of the system and maintenance of existing systems. The area is now on a 90 day inspection cycle because of previous problems.

Mr. Ehinger - Asked about direction of flow and if staff can guarantee that there will not be new backups. Staff cannot prevent foreign objects from getting into the system and causing problems in the future.

West creek pond compares to this pond, with 18 lots. This site will provide twice the storage per lot.

There will be sidewalks on the perimeter of the site.

Mr. Ehinger passed out petitions from the community, because there is no HOA and it adds validity to the neighborhood opposing arguments. There were approximately 90 signatures. He and others will probably get 120 signatures. This is a fragile neighborhood with many problems caused by lack of maintenance by the County. The comprehensive plan does not create a right for development, it is a guide. Properties across the street are R-1.

He and others would agree to 3 homes on the site. The project engineer is the same one who designed the Foxstone development, in which a stormwater pond failed.

In 1969, the existing houses were built. Lot 8 reduced from RE-1 to RE-.5 (rezoning request rejected). Why would it be OK to develop this property now?

Ms. Strobel - These issues were addressed in the Area Plan Review process. 1969 standards are less stringent than today's.

Mr. Jaeschke - Thinks that the issues in the petitions have been addressed. Would like to see more evergreens. Thinks that the house height will be OK given the distance from existing sites. Wants geotechnical study to be condition of approval.

Motion: Mr. Jaeschke moved that the committee approve the application, seconded by Mr. Hill.

Mr. Kennedy - He questioned whether owners should have the right to develop despite the faults of surrounding development. The PC and the Board must rely on current engineering concepts and staff analysis and the comp plan. Because of the concerns expressed by the neighbors, he does not support the application.

Mr. Gibson - The land use committee is here to exercise our judgment re: comp plan. There are extensive problems in the stream that have not been addressed in the past.

Mr. Cerny - Will vote no on the rezoning because he feels it puts too many houses on the property. 1 possibly 2 houses too many. Concerned about impact on Wolf Trap Run.

Mr. Wright is familiar with the many problems with erosion in Wolf Trap Run and subsequent problems with the trail adjacent to the stream. He thinks that 4 homes would be more appropriate.

Ms. Newman - Concerned about the runoff. We don't have to develop every sq. foot in the county.

Motion: Mr. Jaschke moved that the committee recommend approval of the applicaiton. The vote was 3 for, 5 against.


RZ/FDP 2002-HM-024, Engle Homes Virginia (2335 Fox Mill Road), Agent Lynne Strobel, CM Sara Newman - Ms. Strobel - Staff recommends approval.

Mr de la Fe - The public hearing held and the application received a negative recommendation from staff. Next PC hearing will be for decision only. There will be onsite detention. The developer will remove fill from the adjacent property as well and will restore the EQC that will be dedicated to the Park Authority.

The development originally contained 16 units. It now contains 14 units. The current density is 5.11 du/ac, vs. previously 5.84.

Ms. Newman - Denise Thomas of staff said that there are still a few remaining issues related to stormwater management and the EQC, and these must be met at the time of the site plan.

Motion: She moved the committee recommend approval of the application, seconded by Mr. Hill. The committee voted 7-1 for the motion.


Approval of Minutes

Deferred.


Old Business

Ridge Lane - Mr. Jaschke. The problems of Wolf Trap Creek are historical and the problems introduced by the new development will be relatively minor.

There was discussion of role of committee as it relates to the Ridge Lane site.

Noise compatible planning: Mr. Jasckhe offered to send a document of general interest to the committee about noise compatible planning.

Tysons II Development: Mr. Gibson noted that the Tysons II development was recommended for denial by PC. Board will hear it on April 28. Mr. De la Fe abstained because of the rail proffers that were offset by the density that would go through if rail came or not.

ADU Ordinance: Mr. Cerny stated that the proposed changes to the ADU ordinance will bring 4 and 5 story structures under the ordinance. The public hearing was held last week. Many development attorneys spoke out against the changed ordinance even though they participated in the task force that developed the recommendation. When it goes before the PC next, it is for decision only. Mr. Cerny urges Mr. de la Fe to vote for it.


New Business

New members for committee - Ms. Harrison said that there will be 2 or 3 members next month. Terms are indefinite.


Adjournement

Adjourned at 10:20.


    

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