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September 17, 2002 Land Use Committee Minutes

North County Governmental Center

Attendees: Committee members - Bruce Wright, Bob Poppe, Steve Cerny, Sarah Newman, Arthur Hill, Bill Stipe.

Other attendees: Goldie Harrison, Supervisor Hudgins' office, Frank de la Fe, Hunter Mill District Planning Commissioner, Jane Kelsey, Jane Kelsey & Associates, Matthew White, Bradford/White Luxury Homes, John Farrell, McCandlish & Lillard.

Summary of meeting:

SE 2002-HM-014, RZ 2002-HM-012 and PCA 82-C-056, HBL Inc. - Special exception to permit a vehicle sales, rental and ancillary service establishment and a drive-in bank on the site formerly occupied by the American Cafe, the Westwood Corporate Center on Route 7. Committee voted to recommend approval by a vote of 5-1.

RZ 2002-HM-006, Bradford/White & Associates - Rezoning of property at 3003 West Ox Rd from R-1 District to PDH-2 District. Information only.

22320H02-21, Sprint PCS Stealth Flagpole/Monopole Telecommunications Facility - To allow a monopole at the Frying Pan Fire Station. Information only.


Call to Order - The meeting was called to order at 7:35 by Mr. Cerny.

SE 2002-HM-014, RZ 2002-HM-012 and PCA 82-C-056, HBL Inc. - Mr. Farrell responded to questions raised at the June 17, 2002 land use committee meeting.

Parking spaces - There are 165 total spaces on the site. 116 are required by the county code, 117 will be provided. 25 spaces will be dedicated for use by employees, 25 for use by customers. There will be 48 spaces used for display of automobiles.

Auto delivery trucks - Trucks will use an entrance between buildings 3 & 4. The trucks are typically 55 feet in length. They will exit onto the service road.

Building design - The design presented with the plans is not being proffered. If the rest of the building were to be improved using a similar design, a proffered condition amendment (PCA) would be required.

Inter parcel access - No inter parcel access will be provided. There is an existing, small pedestrian stairway that will not be improved.

Planned Development Commercial (PDC) vs. Commercial-7 (C-7) - Uses that will not be allowed in the C-7 district will be listed in the proffers.

No transportation funds will be provided. HBL says that when necessary, they will replace the landscaping on the site which would be much more than the $30,000 asked for the transportation contribution. Mr. de la Fe asked if this could be put into writing.

HBL will have a 10-year lease on the property.

Mr. Hill moved that the committee recommend approval of the application. It was seconded and approved by a vote of 5-1.

RZ 2002-HM-006, Bradford/White & Associates - Information only. Ms. Kelsey summarized the Bradford/White application, a request to re-zone the property at 3003 West Ox Rd from R-1 District to PDH-2 District. Tax map number is 35-2((1))7. Property is 4.43 acres and borders the Oak Farms subdivision on the north. Seven lots are planned at 1.58 lots per acre. The existing house and out building will be torn down.

There was an attempt to consolidate this property with the adjacent property to the west but it was unsuccessful. The stormwater pond will be a rain forest. Netherleigh Place will be a temporary dead end at the west property line. There will be a turn around area built. The intention in the future is to combine the planned community with the Oak Farms HOA. That is why PDH zoning is being sought vs. Residential-2 (R-2). The homes will cost approximately $650,000 and up and will be approximately 3500 sq. ft.

There will be a large open area on the frontage of West Ox Rd. There are no planned uses for this area. The suggestion of using it for a tot lot was discouraged by staff due to the proximity to the road. There was a suggestion that the developer provide a way for residents to access the adjacent pipeline right of way if a trail is built according to the Countywide Trail Plan.

There was some question as to whether sidewalks will be built on both sides of the street. Whatever is planned will match what exists now on Netherleigh Place.

Mr. Gibson's email regarding stormwater concerns was provided to the applicant for response at the follow-up meeting on October 15. It was also suggested that the Oak Farms HOA be contacted regarding possible merging of the two communities.

2232-H02-21, Sprint PCS Stealth Flagpole/Monopole Telecommunications Facility - Information only. Mr. Michael gave an overview of the application, to allow a monopole at the Frying Pan Fire Station. An earlier application for the same site was submitted a year ago. There was some community concern expressed at that time. The planning commissioner at the time suggested using an alternative location. That application was withdrawn and changed to a new location at Frying Pan Park. After much discussion, the Park Authority decided it was unwilling to lease space at Frying Pan Park. The application was then re-submitted at the fire station location.

There are three antennas located inside the pole, enough capacity for possible use by competitors. The pole will be 84 feet tall. The accompanying ground equipment, five radio cabinets, will be located behind a wall. Comments were received from the State Historical Society, which stated that the pole did not present any negative impacts.

Sprint will incur costs of approximately $500,000 for the facility. There are no other facilities that can be used to provide service to cell phone users in the region where there is a gap in service.

There are six companies that provide similar service in the area. Two, Verizon and Cingular, use the 800Mhz wavelength and will not be able to use the facility, which uses the 1900Mhz wavelength.

Ms. Newman stated that this facility is not appropriate for the community. It is too tall and will stand out above the surrounding lower buildings. It will have a negative impact on this historical area, with buildings that have been in existence for up to 200 years. She discussed possible alternative locations.

Mr. Michael stated that there was very little negative information provided to the public record during the earlier application. Ms. Newman said she would provide the names of people in the community opposed to the proposal.

Mr. de la Fe noted that the county must not prevent carriers of cell phone service from providing the service. If an application is reasonable, there must a very strong argument for denial.

How many users are not being served in this area now? - Not sure, will try to get numbers before next meeting.

Is it possible to consider using the Carson Middle School? - Will look at that site.

Mr. Michael stated that his client is very interested in working with the community to find a solution. He is willing to meet with any neighbors who have expressed a concern.

Mr. Michael will return to the committee on Oct. 15 for a decision. By then he hopes to have an analysis of possible alternatives, and to discuss them with community representatives.

Meeting minutes - Mr. Wright moved that the May and June meeting minutes be approved. Mr. Hill seconded the motion. It was approved by a vote of 6-0.

The meeting was adjourned at 9:30 p.m.


    

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