Coraggio Consulting
Fairfax County Board of Supervisors, Tuesday, January 23, 2024

Date: Tuesday, January 23, 2024
Place: Fairfax County Board of Supervisors, Virginia
Length: 12h 49m (video)
Official meeting video (Fairfax County): https://video.fairfaxcounty.gov/player/clip/3174
Official Board of Supervisors page (Fairfax County): https://www.fairfaxcounty.gov/boardofsupervisors/

Machine transcript (speech-to-text) produced by Coraggio Consulting. Not an official county record. Names and numbers may be misspelled; check the video at the timestamp before quoting.
Speech-to-text: whisper.cpp, model large-v3-turbo. Produced 2026-11-02. Timestamps are [HH:MM:SS] into the meeting video.

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[00:00:09] Good morning, everyone, and welcome to our board meeting of January 23rd, 2024, our first board meeting of this new board, which is very exciting. Just as a reminder for everyone, we do have a very full agenda today and a lot of public speakers this afternoon, so we're going to try to get through the agendas quickly and as efficiently as we possibly can.

[00:00:34] As we do at every board meeting in a moment, we're going to rise for a moment of silence to be followed by the Pledge of Allegiance. And before we do that, we take a moment to recognize anyone in our community that we have lost.

[00:00:50] And I'm going to start by mentioning a few folks that if we could keep in our thoughts and prayers as a community, we'd be welcome. First, sorry to share the news that we lost retired Colonel Douglas John Kennett, who lived in Alexandria with his family, passed away at the age of 77, served in the U.S. Air Force for 30 years as a public affairs officer, focused in the area of public relations management leadership.

[00:01:18] to us in Fairfax County. Doug was known well in the Route 1 corridor in particular because he was a longtime supporter and member of the Board of Directors of United Community. He also served for 28 years on his condominium Board of Directors where he lived, 23 years of those as president or vice president. So if we could keep Doug and his family as well as all the staff and Board of directors at United Community, which provides great support services for residents in need

[00:01:53] in the southeastern end of Fairfax. Secondly, sadly, I know the board is well aware of the passing of Michelle Leet. Michelle was the NAACP Fairfax chapter president, who sadly passed away suddenly on January 5th while vacationing with her family. Over the years, she served on numerous NAACP leadership roles, which included treasurer, second or first vice president. She was also serving as vice president of strategy and governance of the Washington DC chapter of

[00:02:27] the Project Management Institute. Michelle was an active member of the DC alumni chapter of the Delta Sig Theta sorority, where she held numerous leadership positions to include president most recently as technology chair. She believed in education and ensured that her daughter Sydney had every opportunity to obtain a great education. She served as president of the Parent Teacher Association, PTA, of every school Sydney attended. Michelle had a long history of activism in Fairfax County with the Council of PTAs, with the Virginia PTA, and of course with

[00:03:03] the NAACP. While she was volunteering for these various organizations, she was also working a full-time job. For the past 17 years, she held the position of information technology program manager for the architect of the Capitol, the arm of the federal government that oversees various landmark buildings, including Capitol Hill. And we knew her most recently, of course, as I mentioned, as the Fairfax chapter president for NAACP, where not only did she do a lot for that organization, but also represented that organization in so many other activities, including the chairman's recent task force.

[00:03:42] And so if we could keep Michelle, her family, certainly her daughter, Sydney, in our thoughts and prayers, that would be appreciated. And then two other things I want to mention. First, I know Supervisor Palczyk will want to expand on this, but we did hear yesterday, I heard, the passing of Julie Clemente.

[00:04:02] And Julie was the president of Clemente Development Company, was not only a leader in the transformation of Tyson's, but was very active, engaged with her community. She was Fairfax County Volunteer of the Year in 2004 and was former Chairman Boulava's Lady Fairfax in 2010.

[00:04:20] She served on numerous community boards, including Celebrate Friends, Celebrate Fairfax, the Friends of Clement-Jountree Park, Virginia's first all-accessible playground, and the Jamestown-Yorktown Federation Foundation. She also served the Commonwealth as a member of the Virginia Port Authority Board.

[00:04:41] She leaves behind her husband, Dan, and a large extended family, as well as a real huge local legacy here. And I remember spending a lot of time with Julie talking about how she got involved in the business and to say that she may have been small in stature, but she was tough as nails may be the understatement of the day for people who met and loved Julie.

[00:05:03] And so if we could keep her in our thoughts and prayers. And then lastly, I want to mention another thing that our board knows all too well, but we recently had two fatalities and two unrelated house fires in Fairfax County. And house fires that result in fatalities in this county are extraordinarily rare.

[00:05:25] Almost never happened because of the speed and professionalism of the response of our fire and rescue department. And in both of these incidents, that was true, that our speed and response was amazing. But unfortunately, we lost two elderly residents to home fires, one on Kings Hill Court and one on Mockingbird Drive.

[00:05:49] And, you know, these victims were located inside their homes seven minutes after units arrived unseen. And our units arrived extraordinarily quickly as we would have expected. And so I think this is just another opportunity for us to raise awareness, especially with temperatures that we've had in the county over the past couple days in particular, about everybody using caution and understanding um you know the hazards involved with space heaters and and other ways to to heat homes but unfortunately uh residential building of

[00:06:23] fire occurs every 64 seconds in the united states and so these these are often and many times those statistics are driven by uh the winter weather season and and efforts that people make to to heat their homes and so what we lost to elderly residents of the county and we keep their families and their communities in our thoughts and prayers let's make sure that we all double down on practicing safety in our own homes and protecting our loved ones especially as temperatures dip down as low as they have the past couple days and with that I am happy to recognize other board

[00:07:02] members, and I'm going to start on this side. First, Supervisor Walkinshaw. Thank you, Mr. Chairman, and thank you for sharing the update relevant to the two tragic fires and loss of life. The one on Mockingbird Drive in Annandale is in the Braddock District, of course, and I did speak to a number of the neighbors on that street yesterday who are pretty shaken up by it, but everyone was impressed by the professionalism and timeliness in the response of our fire and rescue department.

[00:07:38] So I want to just share my appreciation for everyone who was involved in that response. Unfortunately, we did lose one of our residents there. I also want to share the passage of Linda Bartlett, who passed away on January 15th at the age of 80.

[00:08:00] Linda served for more than 13 years on the Animal Services Advisory Commission. All of you I know have met her. She was first appointed by Supervisor Cook and reappointed by myself twice. She was passionate about her work on the Animal Services Advisory Committee and all of their events and policy issues.

[00:08:20] Gina Lynch, who's the chair of the commission, described Linda as a fantastic advocate for shelter animals And our shelter director, Risa Currier, described her as a beloved member of our animal lover community.

[00:08:37] Linda was also a longtime Republican Party activist. The Fairfax Republican Party has lauded her for her involvement in many organizations. She was the president of the Virginia Federation of Republican Women and the George Mason Republican Women. She was my neighbor in Truro, so I would see her out there on Election Day at the polling place, always with a smile on her face. She was a fierce advocate for our community and especially for the rights of animals and pets and those at our shelter. So please join me in expressing our thoughts and condolences to her husband of 58 years, Dan Bartlett. He shared with us how much

[00:09:16] she enjoyed serving on the Animal Services Commission and contributing to our community in Fairfax County. The memorial information is still forthcoming, but I suspect Linda would appreciate very much if folks donated to the animal shelter in her honor you can do that at ffcas.org backslash donate Thank You mr. chairman Thank You supervisor walk-in show supervisor Lusk Thank You mr. chairman I'll also thank you for recognizing Miss Leet and just as a just no comments I just appreciate

[00:09:51] her being such a champion for education and social justice her contributions were immense here in Fairfax County and I'd also like to say that my thoughts and my prayers are there for her family as well and then second I did not know about Ms. Clemente and that's a little bit of a shock and I think your description of her too Mr. Chairman small but mighty is a very apropos description a very tough and hard charging and committed person and she will be missed and My thoughts and prayers are with her family as well.

[00:10:26] Thank you. Thank you, Supervisor Lusk. Supervisor Palchek. Thank you, Mr. Chairman. And we definitely lost two community-oriented and very caring and powerful and brave women.

[00:10:44] Actually, three. Two have been mentioned. Michelle Leitz, I actually want to share a comment from one of my dear friends on the NAACP, Nikki Zimmerman, who said about Michelle, this is one of the most difficult posts I've ever had to write.

[00:11:00] Michelle Leight was not just the president of our branch. She was a mentor, mother figure, counselor, and one of my dearest friends. Michelle was a leader amongst leaders and an advocate for all vulnerable communities. She worked tirelessly throughout Fairfax County to improve the lives of others.

[00:11:16] She was involved in many enrichment organizations, from NAACP to Jack and Jill to the PTA. She'll be greatly missed. And I know in addition to that, Supervisor Lusk and I had the opportunity to serve with her on the Skipt. And we know she is greatly missed there and by her family and will always be part of the Fairfax County community.

[00:11:40] As was mentioned, also Julie Clemente, petite and mighty. I got to know her over the past few years. Also because her office was next to the park and the work of Celebrate Fairfax. And she continued to want to know how to help, how to collaborate, and how to help enhance our community.

[00:12:01] Had many wonderful conversations with Julie. I know she will be dearly missed. She was about to be a grandmother for the second time. And I had gotten to meet in December her new little puppy. So I know it was a shock and a surprise, and our thoughts and prayers are certainly with her family, especially her granddaughter and her upcoming grandchild.

[00:12:27] And then finally, many of us may know Bruce Waxman. His wife, Sarah Alpern, unfortunately, succumbed to cancer last year. Sarah was not just beloved in our community, especially in the Jewish community, and I'd known her since I was a young child. But she was very, very involved in the psychiatric community and in the Northern Virginia Mental Health Institute. She graduated from Penn. She had her bachelor's degrees and master's in political science and her PhD in psychology from George

[00:13:06] Washington. Sarah was an analyst in the Federal Research Division of the Library of Congress. She used her Russian language and political skills on behalf of major U.S. intelligence agencies. And then, again, she became involved with MVMHI for a long time.

[00:13:24] She was not only beloved and a caring community member and mom and grandmother, but she was very much involved in Fairbanks County. and that included being an expert independent evaluator for the involuntary psychiatric hospitalization process right here in Fairfax County.

[00:13:47] She was also one of the very early elected advisory neighborhood commissioners in Washington, D.C., back when she and Bruce lived there in the Chevy Chase community. She was active in Hadassah, and she served as the co-chair of the Northern Virginia chapter and then as co-president of the greater Washington region.

[00:14:06] I know that entire community, we had a synagogue full of those who loved her from all walks of life at the ceremony of her life. And I know she will be greatly missed, but leaves a great community and a daughter now who has followed in her footsteps in supporting mental health needs here in our county, in our community.

[00:14:29] So our thoughts are with her family, with Bruce, and with our entire community as we continue to mourn. uh the loss of sarah albert um that is all mr chairman thank you supervisor palchick supervisor alcorner thank you mr chairman uh with great sadness i announced the passing of a beloved rest in resident peter mccandless who was 87 years old and died on the morning of december 26th peter was very well known in rest and he played an integral role in shaping rest in for over 30

[00:15:03] years, beginning in 1964, when he was hired by Reston founder Robert E. Simon, Jr. He was the public relations manager for Simon's Palindrome Corporation, which was the original developer of Reston for three years. After a brief period away, he returned to Northern Virginia to continue promoting Reston, including as public relations vice president for the Reston-based real estate subsidiaries of the Gulf Oil Corporation, who was the principal investor in the new plant community.

[00:15:33] He held numerous executive public relations positions in the region and in 1984 founded the McCandless Company, which was a Reston-based PR agency. So he was a tireless promoter of Reston. He often pitched glowing stories to prominent outlets like the New York Times and the LA Times.

[00:15:51] His efforts not only garnered media attention but also positioned Reston as a model of a thriving planned community, leading to frequent quotations from him on its success. In addition to his public relations accomplishments, he also authored Reston, The First 20 Years with Tom Grubisich, who co-founded the Connection Newspapers, and photographer James Kirby, further chronicling the development and achievements of Reston.

[00:16:16] Beyond his professional legacy, Peter will be remembered for his remarkable compassion and friendliness. It's said that he truly never met a stranger, and that was true. He's sorely missed by those who had the pleasure of knowing him, and we extend our heartfelt condolences to his family.

[00:16:34] Thank you, Supervisor Alcorn. Supervisor Stewart. Thank you, Mr. Chairman. I just wanted to add my voice to the concerns and the sadness expressed about the Kings Hill Court, an older adult who died in the fire this past week.

[00:16:55] It was reported by neighbors, and the neighbors didn't see anything until there was already a fire emerging on the outside. So it was one of those situations that just was not seen by the folks until addressed by the folks inside because they were unaware of it.

[00:17:13] I also wanted to add my voice to the moment of silence on Colonel Douglas John Kennett. He was deeply involved with the United Committee. Thank you, Mr. Chairman, for identifying his work and his commitment to our community. He considered volunteering was never a discretionary activity.

[00:17:28] It was his life and his work, not only his 30 years in the Air Force, but in so many aspects of his life. So I wanted to recognize that as well. And then Elizabeth Ann Dixon Smith, she passed away November 7th at the young age of 97.

[00:17:45] Those of us who knew her, Liz, and especially her husband, Reg, were stalwarts at every election in Mount Vernon. You could just absolutely count on them like clockwork. She's a lifelong Tuximont resident, an avid gardener, and a volunteer at the American Horticultural Society or River Farm.

[00:18:02] She loved attending and volunteering at the Shakespeare Theater as well. And then finally, this board honored C. Richard Bierce about three, actually four years ago in 2019, for his work on behalf of all of us as part of the Architecture Review Board.

[00:18:22] The ARB, he served on for about 30 years. He not only was the chairman, also the vice chairman, really served in about every capacity. His particular focus and really background was as he began practice in 1989 as a historical architect and preservation consultant.

[00:18:40] And for the ARB, that's a core part of their work. He helped to establish, preserve, and protect 13 historic overlay districts in Fairfax County. And particularly, he's known the Mount Vernon District for the Laurel Hill Adaptive Reuse, which is really all of Lorton, a key part of that development and the historical preservation of that.

[00:18:59] Woodlawn and Arcadia, their partnership. The Workhouse Arts Center is a key element of that. Holland Hills, and more recently, River Farms that we added to the list and to the protections that we have in our Historical Valley District. So I wanted to, again, recognize Rich for his 30 years of service and honor his passing.

[00:19:17] Thank you. Thank you, Supervisor Stork. Supervisor Herity. Yes, Mr. Chairman, I'd like to first thank Supervisor Walkinshaw for recognizing Linda Bartlett. She was a friend and did a lot of great things for our community, and I'm as shocked as many of the other board members to learn of Ed Julie Clemente's passing, and small but mighty is a very apt description of her, and she will be a big loss.

[00:19:44] I'm also sad to announce the passing of one of our great veterans, retired Colonel Glenn Snodgrass, on December 9th. Colonel Snodgrass served his country and led a Black Horse Trooper Regiment during the Vietnam War, receiving the Bronze Star, the Meritorious Service Medal, the Legion of Merit, Joint Service and Army Accommodation Medals, and received the Order of St. George Gold Medallion from the U.S. Cavalry and Armor Association for his excellence in leadership.

[00:20:13] When he retired, he continued his service through supporting veterans and served the community as a member of the Board of Directors for the Rotary Club of West Springfield. Colonel Snodgrass chaired a reunion committee to reunite the 11th Armor Calvary Regiment, was named to the Board of Directors of the National Armor and Calvary Heritage Foundation, and was elected president of the Black Horse Association.

[00:20:38] Colonel Glenn Snodgrass epitomized service and dedication to both his country and the community. I ask we keep Glenn's family, friends, and fellow servicemen in our thoughts and prayers. Thank you, Supervisor Herity. And seeing no one else who would like to be recognized, we are going to, for those who are able to, rise for a moment of silence to be followed by the Pledge of Allegiance.

[00:21:06] Please face the flag.

[00:21:26] I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. And we have four presentations this morning, and just for order, I will announce the proclamation and or resolution, invite our speaker down to the podium in front of me.

[00:22:01] We will then read the proclamation, and after our speaker's remarks, we will pose for a picture from the dais like we always do. And first on the agenda today is we have a resolution to recognize Eileen Ellsworth in recognition of her 18 years of service as president and chief executive officer of the Community Foundation of Northern Virginia. If you could come on down to the podium and anyone who is here with you is welcome to join you as well. And I am going to be a little presumptuous and hand the gavel to Supervisor Smith for a moment. We have to reorganize the board in a few

[00:22:39] in a few minutes, but I'm going to hand her the gavel so that I can read the following resolution. Whereas for nearly two decades, Eileen Ellsworth has served as president and CEO of the Community Foundation of Northern Virginia, and whereas founded in 1978, the Community Foundation for Northern Virginia has worked to advance equity through philanthropy and community leadership guided by four key principles social and economic mobility racial justice and equity inclusive systems of economic growth and community resilience and whereas eileen ellsworth has

[00:23:18] led the community foundation for northern virginia with passion persistence and insight and whereas the community foundation's extensive accomplishments under eileen ellsworth's leadership include development of the permanent fund for northern virginia launching the shape of the Region Annual Conference and developing Insight Region, the organization's center for community research. And whereas during Eileen's tenure, the Community Foundation of Northern Virginia has helped to nurture a sense of shared purpose across our region, now therefore be it resolved that the Fairfax County Board of Supervisors, on behalf of all Fairfax County

[00:23:57] residents, does hereby congratulate and thank Eileen Ellsworth for her service to the community and wishes her well in future endeavors. It's been very seconded. Discussion? Yes. Very briefly, I want to congratulate Eileen.

[00:24:14] I know she's had a few celebrations lately of her tenure, but for those who work in this space, I think they understand that 18 years of doing what Eileen has done is remarkable. And just thinking about the growth of this organization over that period of time, certainly I know you would be the first to say it takes an army.

[00:24:35] Board of Directors and amazing staff, all of those things are absolutely true, but it also takes a visionary and leader, and you have done that and done that so well. And I think about all of the people who have benefited from the programs and philanthropy work of the Community Foundation that may have never met you, but would be saying thank you, because the foundation does some pretty life-changing work in our community and is relied upon by so many for support. And so certainly want to congratulate you on an 18-year run. I know you can leave feeling very comfortable with everything that has been accomplished

[00:25:14] and knowing that there's still a lot of work to do and that the community foundation is much stronger today than it was 18 years ago when you came on board. And so I want to take this moment on behalf of all of our residents of Fairfax County to congratulate you, wish you well. I hope and trust that you will continue to be a big part of our community and stay involved because your talents are amazing. So thank you and congratulations. Thank you so much. Supervisor Lusk. Thank you very much. I'd like to also join in and thank you, Nyleen, for her exceptional

[00:25:51] service over the last 18 years, her commitment to the residents of Fairfax, the work that she's done As the chairman has said, it's going to make a difference in the lives of many residents here in the county. I like metrics, so if I can share maybe a couple about Eileen and her service.

[00:26:11] The first is, over the course of the 18 years that she was the executive director, they raised over $130 million in total philanthropic contributions, one. Two, the permanent fund that the chairman referenced, when it was first identified in 2005, it had about $60,000.

[00:26:37] And today, there's more than $26,44,000 in that fund. So that's a pretty significant increase over the years. And then last, I'll say, looking at the cumulative grants that you have been able to grow them from 2005, dollar value was $8,267,000 in 2005, and today that is $92,464,000.

[00:27:07] So it shows the true impact that you've had. And I just want to, again, thank you for your service. Thank you for the contributions. And thank you for the things that you've done over the course of those 18 years. Thank you. I wish you very well. Thank you so much. Thank you.

[00:27:22] Supervisor Pelchuk. Thank you. Eileen, thank you so much. And I know the numbers are there. But I think what I really, truly care about is the fact that the community foundation and your leadership in the foundation shows how important it is to have the cross-sectors working together for the community, government, nonprofit, and the private sector, and to focus on the areas that we care about more.

[00:27:46] I was going to list all of the areas that the Community Foundation supports, but I would keep us here too long. I'm especially grateful that you've had a focus on our children and our youth, on our military families, on the environment, on Latino engagement, on mental health, on all of the issues that we here know are so critical to the community.

[00:28:08] And the community foundation is able to be that force multiplier both in the grants but also in the thought leadership and in bringing together everyone in that field to have those conversations and to find new opportunities forward. So we talked about great women leaders this morning, and you have left a wonderful legacy here in Fairfax County and some pretty big shoes to fill.

[00:28:29] So thank you so much for your efforts, and I'm delighted that we're able to honor you here today. Thank you, Supervisor Palchuk. I appreciate it. Seeing no further discussion, all those in favor of the motion say aye. Aye. Anyone opposed? Any abstentions? That motion passes unanimously with Supervisor Alcorn away from the table.

[00:28:49] Thank you very much, Supervisor Smith. And let me at this time turn the microphone over to Eileen if you'd like to share any comments with us. Welcome. Thank you, Chairman McKay. Thank you, Supervisors, for your very generous and kind comments. I just have a couple things I'd like to add.

[00:29:05] and that is it has been the professional privilege of my life to serve as the president and CEO of the Community Foundation for Northern Virginia. And while it's true it's growing significantly, I think the thing I'm most proud of today is the current mission and purpose of the Community Foundation, which is to advance equity using the tools of philanthropy and community leadership to do so.

[00:29:28] In other words, the Community Foundation for years has done its level best to help build a community that works for everyone. So I want to thank you all for this recognition. I'd also like to particularly thank former Supervisor John Faust, who has supported the Community Foundation for decades.

[00:29:45] Thank you to Supervisor Pat Harity and Supervisor Dahlia Palachuk, who showed up at many of our events, our galas, our Shape of the Region conference, and our innovation breakfasts. And thank you to Supervisor Rodney Lusk, who helped the Community Foundation inspire some of its donors to invest in the WISH Center along the Route 1 corridor, It's one of the best investments they could have possibly made for workforce development.

[00:30:09] And thank you to any other current or former member of the Board of Supervisors and any other Fairfax County employee who helped over the years to cheer us on, to amplify our impact, and to help us in every way possible achieve our mission.

[00:30:25] Thank you all. We're deeply appreciative of it. Thank you very much, Eileen. And if there's anyone else here who's with you that would like to be in the photo, they're welcome to come on down. no pressure but I get a sense that there is and at this time if the board would rise and if you

[00:30:42] all could come forward and face the audience and next we have a proclamation to designate January

[00:31:45] 14th through the 20th 2024 as teen cancer awareness week in Fairfax County and this was requested by myself and supervisor Kathy Smith our speaker today is Sharon Ferraro secretary of the Bite Me Cancer Foundation, if you could come on down. And again, anyone who is here with you is welcome, of course, to join you. And at this time, I am going to turn to Supervisor Smith.

[00:32:13] Thank you, Mr. Chairman. Whereas the third week of January is designated as Teen Cancer Awareness Week by the U.S. Congress, and whereas in the U.S. more than 17,000 children under the age of 20 are diagnosed each year with cancer, one in 285 children, according to the American Cancer Society, with 43 children diagnosed every day. And whereas approximately one in 389 children will be diagnosed with cancer before age 15. And whereas the survival rate for children and adolescents with cancer is approximately 85 percent, and two out of three survivors will develop at least one

[00:32:52] chronic health challenge in their future. And whereas teen patients often feel out of place in pediatric or adult cancer treatment facilities that do not provide for the unique clinical and psychological needs of adolescent cancer patients. And whereas many adolescent cancer survivors have difficulty readjusting to school and social settings, experience anxiety, and may face increased learning difficulties. And whereas public awareness of the unique struggles teenagers with cancer face is key to helping them fight this disease.

[00:33:25] Now, therefore, be it resolved that the Fairfax County Board of Supervisors, on behalf of all residents of Fairfax County, does hereby proclaim January 14 to 20, 2024, as Teen Cancer Awareness Week in Fairfax County, and urges all residents to increase their awareness about teenage cancer, including research, early detection, causes, and effective treatments.

[00:33:48] I so move. I'm happy to second that. along with supervisor herity discussion on the motion supervisor smith thank you mr chairman um i really want to thank sharon and michael and nikki who's not here with us today for all the work they've done with the bite me cancer foundation it is really important that we get the word out there and create this awareness so i want to thank you for your work for your dedication brian it's good to see you here so um really thank you it makes a difference to the community and we're proud as a board to be able to spread the word about this important work

[00:34:21] Thank you, Supervisor Smith. Any other discussion? Seeing and hearing none, let me also thank you as well. Raising awareness about this is key. I remember not long ago a visit to the Ronald McDonald House and visiting with a couple of the families who weren't from Fairfax County, but were getting treatment at the Schar Center and were staying at the Ronald McDonald House.

[00:34:46] And my takeaway, which is one of the things we often forget, is we should be focused solely on helping the patient and the young person through these challenges. But what was reminded to me very clearly was the toll this can take on the entire family and all the people who are there to support what is goal number one, which is helping somebody conquer cancer and deal with the life-changing effects of that.

[00:35:12] And so we're raising awareness about teen cancer in Fairfax County this week, but also raising awareness to all the support structures that are out there, the nonprofits, the community groups that help the entire family through what can be a very traumatic experience that, as the statistics show, happens way more often, I think, than most people think.

[00:35:34] And so we all play a role in helping with this challenge. And so that's why I'm glad we're recognizing not just your organization, but recognizing teen cancer awareness week in Fairfax County and using our tools to share with the community some of these statistics.

[00:35:53] With that, I think we're ready for a vote. All those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions? That motion carries and welcome. The floor is yours. Thank you. Thank you to the Board of Supervisors for honoring Teen Cancer Awareness Week.

[00:36:11] We have some guests today. As you might know, this is Michael, my husband, and Nikki's dad and also chairman of the board. We have Donna Corley, who's also one of our board of directors and co-chairs of our Teen Support Committee, and her husband, Steve, who also works on the committee. And Janet Goda, who's our board member as well and co-chair of our communications committee.

[00:36:31] And Brian, who's been on our board, he's been on almost every committee, And he's an advocate for the foundation, and I mention him in a bit in my words. Nikki did experience herself the feeling of falling through the cracks as being a teenager in the hospitals.

[00:36:50] They don't fit into the support services of the younger pediatric patients or the adult services. When she was in the hospital for her first major surgery, she was put in the adult ward, and no one even mentioned her age to her or us. We had no services.

[00:37:06] as well as her neck surgery, and also during her senior year of high school, she was getting radiation. And again, no service for her as a teenager. This is what drove her to initiate the foundation and wanted to focus specifically on teenagers who battle cancer.

[00:37:26] So we're proud back in 2015 that we took the lead to successfully achieve the annual recognition for Teen Cancer Awareness Week. We work specifically with, at the time, delegates Rust and Plum to help us get through the General Assembly and receive the unanimous vote to every year have Teen Cancer Awareness Week, the third week of January.

[00:37:49] Being a teenager should mean enjoying increased independence, fun with friends, activities, maybe learning to drive, getting a little more away from their parents, thinking about work and college and many life changes. But in order to do that, they now have to deal with surgeries, scans, labs, and all kinds of other medical issues.

[00:38:11] So Nikki wanted to give them something they could have in the hospital to show their support. Our teen support bag has become so popular. In the first year, we did 100 bags in this local area, and it snowballed into now almost 12,000 teenagers have received our bag for free in almost 200 hospitals in every state and D.C.

[00:38:36] One of the stories we share as well, and Brian was good about letting us share this, is he was 19 when diagnosed with cancer, and he was put in a younger pediatric ward and didn't want to talk to anyone, none of the kids, until a 6-year-old precocious cancer survivor was shooting a BB gun or a Nerf gun at him and forced him to talk.

[00:38:58] And once I met him years later, he asked if he could get involved after he learned about Nikki's story. We also serve cancer patients who are teenagers in a few other areas. We now have partnered with Dave & Buster's locally at Fairfax, and we run free events for them to come.

[00:39:18] We just had one on Saturday where they can come and mingle and meet each other. And some of them have developed long-lasting friendships now that make them feel better, that they're not alone. We also serve dinners to Inova Children's Hospital on the Pediatric Oncology Ward as well.

[00:39:35] So back in 2010, when Nikki started the foundation, we had no idea since there was no treatment for her kind of cancer. But recently she turned 31, so she's still with us. And she would be here today if she was not in Florida on a little trip with a girlfriend.

[00:39:52] She still deals with cancer. She's been taking daily oral chemo pills for almost 10 years now. There's no cure for her kind of cancer. And it continues to amaze her how many teenagers have cancer, who are bullied while having cancer, who find inspiration and support from her, our organization, and many others who become aware.

[00:40:15] She had two mantras when she started her own battle that are still important to her today. Anything is possible if you just believe, and attitude is everything. These are simple yet powerful messages. Thank you for your support. Thank you very much for your comments.

[00:40:33] appreciate all that you do with that i think we're ready for a photo and if supervisor smith would

[00:40:39] join me and if the board would rise and next we have a proclamation to designate january as human

[00:42:05] trafficking awareness month and this was requested by myself and by supervisor herity our speaker today is heather o'malley ceo of safe spot and anyone else who is here is welcome to join her at the podium if you could please come on down and at this time um did you have the supervisor harry has the resolution i'll recognize supervisor harry yes mr chairman i have a proclamation to read into the record whereas human trafficking is the fastest growing criminal enterprise in the world and can take many forms including sexual exploitation domestic servitude and forced labor

[00:42:43] and whereas in 2023 fairfax county staff and partners saw a continued need for short and long-term housing resources, mental health services for survivors and family members, and increased co-occurrence of sexual exploitation and substance abuse among victims of trafficking.

[00:43:00] And whereas Fairfax County is dedicated to partnering with organizations throughout the region, working to assist victims and prevent human trafficking, including non-profit organizations, civic groups, medical professionals, businesses, county agencies, the faith community, and young people. And whereas while the county and our nonprofit partners work tirelessly to support victims and bring traffickers to justice, residents play a critical role in the fight to end trafficking. And everyone should be aware of the indicators of trafficking as well as who to call for help. And whereas since traffickers target the most vulnerable,

[00:43:37] everyone can help prevent traffic by helping people who have recently been displaced, who are experiencing family turmoil or financial insecurity and be vigilant about online activity, especially for children. And whereas SafeSpot Child Advocacy Center has demonstrated exceptional leadership in addressing child sexual abuse and exploitation, providing services to children and families impacted by child abuse.

[00:44:04] Now, therefore, be it resolved that the Fairfax County Board of Supervisors on behalf of all residents of Fairfax County does hereby declare January 2024 as Human Trafficking Awareness Month in Fairfax County and urges all residents to recognize the critical role they play in that fight to end human trafficking, including being aware of the indicators of trafficking and who to call for help. So moved. I'm happy to second that. Any discussion on the motion? Supervisor Herity.

[00:44:35] Yes, Mr. Chairman. Human trafficking is a horrible crime. I'm proud of the work of our nonprofit partners like Safe Spot, Northern Virginia Family Services, Reset 180, as well as county staff, including domestic violence and sexual services, who's holding a human trafficking awareness conference in the conference room 9 and 10 as we sit here, and our Fairfax County Police Department.

[00:45:01] But sometimes the way that trafficking victims interact with the county and community partners is related to other immediate needs like food or medical assistance, which makes awareness of the signs of trafficking extremely important. Each January, we encourage all residents to educate themselves on the signs of trafficking and the resources to help those in need because traffickers target vulnerabilities.

[00:45:27] One of the many forms of trafficking that I asked the board to address in 2020 is illicit massage businesses, or IMBs. According to Polaris, which runs the Department of Human Health and Services-funded National Human Trafficking Hotline, illicit massage is the second leading form of trafficking in the United States.

[00:45:47] It's present in all 50 states, with Virginia ranking in the high category for reports of IMVs as of 2020. For all forms of trafficking, the State Department of Justice, the leading non-profits in the anti-trafficking space, consistently recognize that trafficking numbers across the country are substantially underreported and even in jurisdictions with specialized human trafficking training. My recent conversations with Polaris, they reported between January 2021 and August, there were 22 situations of potential

[00:46:24] human trafficking shared with the hotline in Fairfax. I want to thank our county staff for working to address the issues of IMBs in our community with a coordinated approach between police and other agencies that have noticed suspicious activity in their routine inspections of local businesses. We've made some great progress this year in making Fairfax County a non-permissive environment for IMBs, but we still have a ways to go. Staff is looking at how the massage ordinance could be better enforced and possibly amended. I look forward to seeing that

[00:46:57] later this year. This crime can affect old and young alike, but today I'm grateful that we can recognize the work of Safe Spot, which helps some of our most vulnerable victims, our kids. They do an amazing job of listening to children and servicing their knees. I was fortunate to visit Safe Spot last year to see the importance of the work they do in working with the victims, but also working with our Commonwealth Attorney and our Police Department to help bring bring the perpetrators to justice. I want to thank Supervisor Luss for his help getting them

[00:47:33] some support last year so I appreciate that and I want to thank you Heather and Safe Spot for all the great work that you do. Thank you Supervisor Herity. If there's no further discussion all those in favor of the motion please say aye. Aye. Any opposed? Any abstentions? That motion carries and Heather, welcome. The floor is yours. Thank you so much. Thank you, Supervisor Harrity. You stole a lot of the remarks I was going to share, so I appreciate that.

[00:48:03] It's going to condense them. But I am honored to be here to represent my colleagues and our many partners in the county who protect our children, our community's most vulnerable children. And I'm grateful that we are bringing awareness to human trafficking, especially sexual trafficking of children, as it is a much larger and more complex issue than many of us realize. And like all crimes of dominance, power, and manipulation, child sex trafficking thrives when we remain silent, so we must not. The tragic truth is that human trafficking is the fastest growing organized crime activity in the United States, where an estimated 250,000

[00:48:39] children per year are victims of sex trafficking. But trafficking often doesn't look like what we see on the TV and movies. The fact is most children are trafficked by a parent, family member, or trusted family friend while still going to school and living at home.

[00:48:56] They are not always forced but instead persuaded, coerced, bribed, tricked by a person in a process known as grooming. A child may not even understand that what is happening to them is wrong or that abuse is occurring until it is too late and they have no other options.

[00:49:14] As they grow up in these situations without intervention, they can become desensitized and even participate in their own trafficking. I want to share a story of one child served by SafeSpot and our partner agencies, a young girl called Bailey.

[00:49:31] Bailey's family had an extensive drug use history. Her grandmother, mother, and aunt all used drugs and eventually died due to their addictions or complications. Bailey, her siblings, and cousins were raised by their great-grandmother. The county was continuously involved with the family since Bailey was in preschool, and by the age of 11, she was on drugs herself.

[00:49:53] In 2023, Bailey was brought to SafeSpot by our partners in CPS and law enforcement for having sex with adult men she met on the internet. During three separate forensic interviews at SafeSpot, Bailey stated that the sexual acts were consensual.

[00:50:10] Eventually, without other recourses, Bailey was placed in a residential facility for drug treatment. After a few successful months in the treatment center, Bailey earned a visitor's pass to go home for the weekend. That Saturday, Bailey went to the park near her home where she was approached by a man she knew to have sex in exchange for drugs.

[00:50:30] Committed to her sobriety and future, Bailey turned the man down but was assaulted. When Bailey returned to the residential facility, she disclosed what had happened, which led Bailey to returning to SafeSpot for a fourth forensic interview, where she explained that the men she had been meeting online for sexual acts were to secure drugs and that the meetings had been arranged by her cousin.

[00:50:53] Prior to treatment, Bailey explained that she would consent to the sexual acts in exchange for drugs. However, the most recent incident was arranged by her cousin without her knowledge or consent. And to be clear, regardless of consent, every single act and coercion was trafficking because Bailey was underage.

[00:51:12] This is just one of several stories Save Spot has heard where young girls are either willing or forced into engaging in sexual acts for money, drugs, gang initiations, even a roof over their head. Investigating human trafficking cases and SafeSpot assisting with forensic interviews is just one part of the process.

[00:51:32] SafeSpot is currently working with our partners in the Fairfax County Police Department, CSEC and human trafficking squads, and the Commonwealth Attorney to start a multidisciplinary team response specifically for children sexually trafficked and those who are the result of online child abuse material so that we can bring a coordinated response and care to provide sexual abuse survivors with those that are equal to vulnerable children that are served by SafeSpot in our community. The other equally important aspect of combating trafficking is providing a path to long-term safety by building and safeguarding services for these children and

[00:52:10] their families. Bailey didn't feel safe or comfortable disclosing the whole truth until she was separated from the environment that was contributing to her drug use and putting her at risk, and she became immediately vulnerable the moment she was put back in that environment. There is no doubt that these are complex cases requiring specialized, nuanced solutions, but if we remain committed and vigilant, we can help those families find safety and healing.

[00:52:34] Thank you for bringing awareness to this important subject and for your continued support. Thank you very much, Heather, and thank you for sharing that story. With that, I think we're ready for a photo, and Supervisor Herity would join me, and the board could rise.

[00:53:30] And finally, we have a proclamation to retroactively designate November 2023 as Military Family Appreciation Month.

[00:54:08] And this was requested by myself and by Supervisor Lusk. Our speakers today is Julie Riggs, Executive Director of the Blue Star Families Sheila and George Casey National Capital Region Chapter. And if all the folks who are here with you could come on down, and they are doing that.

[00:54:28] At this time, I am going to turn to Supervisor Lusk for a motion. Thank you very much, Mr. Chairman. The motion reads, whereas November of 2023 marked the 30th anniversary of Military Family Appreciation Month, originally established in 1993 by the Armed Services YMCA, and whereas the purpose of this designation is to honor and recognize the commitment and contributions made by military families in support of our nation and its military and military services.

[00:55:00] And whereas, no matter what rank or branch or where life has taken them, our nation's military families share the common threads of service and sacrifice. And whereas, there are over 45,000 active duty military, selected service, and other families living in Fairfax County, including 14,500 military-connected children in Fairfax County's public schools, and whereas, according to the national nonprofit Blue Star Families, many military family members do not feel a sense of belonging to their local

[00:55:37] communities, and less than half say their children's schools understand the unique challenges of military families and whereas the Fairfax County is grateful for the service and sacrifice of our active duty reserve and veteran service members and their spouses and children and is enriched by having such a large percentage of military families living in our communities therefore be it resolved that the Fairfax County Board of Supervisors on behalf of all residents of Fairfax County does hereby proclaim November 2023 as Military Family Appreciation

[00:56:15] Month in Fairfax County and urges all residents to honor the service and sacrifice of our many military families. I'm happy to second that motion. Discussion on the motion, Supervisor Lusk. Thank you very much, Mr. Chairman. I just wanted to add I am really grateful and thankful to the board for taking on this mission of welcoming and improving the lives of military families here in Fairfax County.

[00:56:41] Franconia District's proximity to Fort Belvoir and other major military commands means that many residents who reside here do so because they are active duty military family. Two, the constant change in duty assignment from one location to others means that these families often bear additional sacrifices from their civilian neighbors.

[00:57:02] For military spouses, establishing a career and building new work networks can be very challenging. Despite this, they are often some of our most productive citizens. They serve on our local boards. They volunteer within our parks and nonprofits and are engaged neighbors.

[00:57:21] I appreciate these families for what they give to us, and we're so glad that they're a part of our community. So with that, Mr. Chairman, I'm delighted to join you and this board in bringing this proclamation forward. Thank you, Supervisor Lusk. Other discussions? Supervisor Walkinshaw. Thank you, Mr. Chairman. I appreciate Supervisor Lusk bringing this forward.

[00:57:41] And I hopefully won't jinx things, but because I think we have every member of the board on the board matter that Chairman McKay and I have been working on to establish the Veterans and Military Families Commission in Fairfax County.

[00:57:56] I just want to thank those of you who have been doing this work to support our veterans and military families in the county. Over the last year, as we were working on the difficult and complex legislative process and then ordinance to establish the reduced tax rate for spouses and families of military veterans who died in the line of duty, I got the chance to meet so many passionate advocates and members of that community and then realized I was somewhat surprised to realize that we didn't have a Veterans and Military Families Commission in Fairfax County.

[00:58:32] So with the board's support in a few minutes, I look forward to moving forward on that. And just want to thank all of you for helping us recognize how valuable it is and important it is. And I hope we can continue to build on the partnership and support for all those families in Fairfax County.

[00:58:48] Thank you. Thank you, Supervisor Walkinshaw. Supervisor Palchik. I want to, first of all, thank all of you. I want to thank my colleagues, both Supervisors Lusk and Walkinshaw, for their work. I know those of us who served on the school board saw what incredible work and recognitions were done through our schools.

[00:59:04] But I think what's clear is that this really is a partnership, that one Fairfax community. I know that schools like Mosaic Elementary School that go as far as to bring a military helicopter to celebrate and help all the children understand how important the families are to them, that the challenges that are faced, especially, I think, as I shared in the board matter, coming up for the spouses.

[00:59:29] And we know the cost of living and other challenges of being here in Fairfax County sometimes make that even more challenging for our military families. And finally, having grown up in a school where so many of my friends often left because their parents were reassigned to other duties and knowing just how hard it was for them and for someone who was befriending them to then know that you had to leave and hopefully come back one day.

[00:59:53] We know that that community piece is so, so critical. So I'm really appreciative of the work you and our community, and especially our schools, have done for so long and looking forward to finding additional opportunities for us to wrap around our families and support them to be successful here.

[01:00:09] So thank you. Thank you. Supervisor Stork. Thank you, Mr. Chairman, and thank you all very much for being here and our delayed appreciation, but it absolutely goes around the whole year, at least with respect to our work with you all in so many different ways, not only our Purple Star schools and a key part of our kids and really our staff being aware and familiar and sensitive to the changes that happen far too frequently for military families.

[01:00:42] But also I think a key part of that has been our support for military spouses in general with the career fairs that we've done in conjunction with the Travis County Economic Development Authority and with our own economic development initiative and Fort Belvoir, of course. So I know this is one moment we're in time we're taking to thank you all, but it truly happens 24-7, 365, or 66, depending upon the year.

[01:01:08] But again, thank you very much. Thank you, Supervisor Stork. And you stole my thunder. I was going to say it's late every month because every day in Fairfax County is Military Appreciation Day just in general, just given the strong presence of our military partners in Fairfax County.

[01:01:27] And I know others have heard this before, but growing up at Fort Belvoir, going through FCPS, particularly K-8, in all majority military schools, seeing firsthand the, you know, kids who would just disappear one day, new kids who would land in the classroom without any idea of what, you know, is going on around them is challenging enough to be a young person. And so I was always grateful for all the support that the county has with Fort Belvoir in particular, but with our military families in general. We mentioned the programs EDA is sponsoring to help military spouses find employment.

[01:02:05] You know, we still have upwards of 100,000 vacant jobs in Northern Virginia. So linking military spouses in particular with those jobs but all the other embeds that we have you know from the quality child care on post that the county plays a role in funding fcps and their support programs for military families running schools on the base that fcps does and even partnerships with simple things like public waste and waste management public works programs at fort belvoir I can remember a time before we even had a military liaison in Fairfax County,

[01:02:43] and Vance Zelaya, who does a lot of work linking up military bases with the community to make sure that we're one place. There may be a gate around our bases, but there's no gate for us in terms of providing services. And then finally, I want to mention, because I've said this a lot, and I think it bears repeating that the best marketing tool for us in Fairfax County is when you encounter a military family who says the following to you, and this happens a lot, which is, I was stationed in this area for a period of time, and now that I am retired, decided finally

[01:03:21] when I got to choose where I wanted to live that I chose to come back to Fairfax County. And I think that is for a lot of reasons. Clearly, our economy, our defense industry's location by Washington, D.C., but most importantly, it is the experience those families had while they were here, and the embrace of our county, the services that we provide, the supports that we have, and if there's any doubt in your mind, simply visit with one of the guidance counselors at one of our schools that have high percentages of military population, and they will tell you the stories of what they do with kids who come in, dropped in here

[01:04:00] out of nowhere into a strange school and how they get the supports that they need because they should not be concerned about that and so it's a great place for all of us to live but proud that it's a great place for our military families to stay and then to come back and find as their permanent home and so I want to thank you for all the work that you've done. Julie I know personally has been at this advocacy for a long time and I think it's really important for us as a county to understand that you know it's one thing to stand and support our military it's another to be mindful every day of the sacrifices that they

[01:04:40] make and that their family make and what we can do as a community to support them and and we try to do the best we can on that and we'll continue to so thank you with that I think we're all ready for a vote all those in favor of motion please say aye aye aye any opposed any abstentions and that motion carries and welcome the floor is yours thank you thank you all for allowing us to be here um through our research blue star families has discovered over the years that when the whole family feels supported service

[01:05:13] members are better able to do their jobs and more likely to recommend service to others this is a big This is big given the current recruitment and retention issues in the U.S. Armed Forces these days.

[01:05:30] But we can't do it alone. No one individual, organization, or institution can achieve the change necessary to address the current military family stressors. This requires a whole-of-society response.

[01:05:49] And when we join together, our efforts with military and veteran families will not only survive, but thrive in our communities. Blue Star Families has launched a Do Your Part campaign that speaks specifically to that. The strength of our military comes from the service members.

[01:06:09] The strength of the service members comes from this family. And the strength of the family comes from communities. I want to thank and acknowledge Fairfax County government and Fairfax County community as one of the premier communities for doing their part to support our military families.

[01:06:28] The relationships that we have with FCPS and with the Board of Supervisors and other nonprofits, local businesses, is just a prime and perfect example of what we're talking about, about bringing community together to completely support and help our military families, and so I thank you very much for your efforts and support.

[01:06:50] Thank you very much, and at the beginning of your comments, you literally quoted language out of the community covenant that we signed, and so if you haven't read that covenant, it's on display. I know Supervisor Lusk has a copy, Supervisor Stork, and Herity, myself as a constant reminder of that community piece, so thank you very much.

[01:07:10] With that, I think we're ready for a photo, and if Supervisor Lusk and Stork representing Fort Belvoir would join me, and if the board would rise.

[01:08:30] On our agenda is our report on General Assembly activities, and at this time, I will turn to the chair of our legislative committee, Supervisor Walkinshaw.

[01:08:46] Thank you, Mr. Chairman. As my colleagues are aware, our report on the General Assembly activities traditionally includes recommendations made by the Legislative Committee at our Friday afternoon meetings. Because county facilities were closed due to the winter weather last Friday, we're not able to hold a Legislative Committee meeting.

[01:09:11] As such, we don't have a report on General Assembly activities today. I'll just say to my colleagues, if you, I know everyone was disappointed to get the news that Friday that we were not able to have our evening meeting. But as you were enjoying your hot cocoa on the couch, hopefully you were thinking that all the work we would have done last Friday, we will be doing this Friday.

[01:09:34] So please plan for a probably longer than usual meeting because we will have more to cover because we weren't able to hold our meeting on Friday. Thank you, Mr. Chairman. Thank you, Supervisor Walkinshaw, and I might add that the consistency of this board on so many of our legislative initiatives also made it easier for the staff this week to know where the board was coming from on a lot of bills.

[01:09:58] And so we'll obviously, as Supervisor Walkinshaw mentioned, discuss many, many bills like we do every Friday. But certainly our core principles, which have been adopted, and our history of support for bills, and most importantly, opposition to any bills that intrude on local government's ability to be flexible, are non-starters.

[01:10:20] And so that's, you know, gave the staff a guide to deal with some of the issues that we're dealing with this week, and we will hear a lot more on Friday. So, thank you. Next up, we have something that doesn't happen at every meeting, and that is the board organization and appointments of board members to various regional internal boards and committees and selection of the vice chair.

[01:10:41] And board members, of course, have had distributed to them the appointments that are being made to our regional committees and internally to our board committees. And so that slate has been circulated, and I know many of you are already working with the staff coordinators involved in that.

[01:11:00] And so there's a copy of that available to everyone. However, we do need to vote on the selection of a vice chair for the Board of Supervisors for the next four years. And let me ask if there is a motion. Supervisor Walkinshaw.

[01:11:16] Thank you, Mr. Chairman. I would like to nominate as our vice chair the small but mighty. Someone who has led us, led the previous board through some of the most difficult and complex issues that we have had to handle, Supervisor Kathy Smith.

[01:11:35] To second that. And I will second that as well. I think it's been multiply seconded. Any discussion on the motion? Supervisor Stork. I may have one of the more unique positions here.

[01:11:51] um this won't be the first time that kathy has served as vice chair of a board and and we on the school board we're a tag team of sorts uh chair and vice chair uh really audible many times and i had the pleasure of serving with her as a vice chair and i am deeply appreciative of the her service long service to our community more than 20 years her dedication to doing things the right way being communicative across the board if there's an issue you know you're going to get a call from

[01:12:26] kathy which makes a big difference particularly in boards where we cannot more than two of us can talk at the same time together so we have with her as a vice chair mr chairman opportunity to really improve and really add to the communication which is a central part of our effective uh service so and effectiveness of the board itself so with that i just wanted to to particularly speak to that and again thank her and not only thank her for her 20 years of service but thank her for the friendship and support that we've had together for on so many issues but not every issue so again thank you sir thank you Supervisor

[01:13:06] Stork any further discussion Supervisor Palchek I just want to add I think what we appreciate so much about this board is our focus on process and communication and ensuring that voices are heard and that staff are included and involved in the work that we do.

[01:13:26] And I have to say there's probably no one who embodies that better on our board than Kathy Smith. I have learned so much from her on my time here and very much look forward to having her as our vice chair. Thank you, Supervisor Paucik. And let me add that I am elated by this motion that Supervisor Walkinshaw has made.

[01:13:47] I can remember at this time four years ago when I called Kathy and asked her to be chair of the Land Use Process Committee, and she said, are you crazy? I don't want to do that. And could think of no one better, and we didn't know at that time all the tough issues that would come forward that Kathy would have to tackle, frankly, bringing Fairfax County into the right century on a lot of processes.

[01:14:13] And I think, as others have said, probably the thing I most admire about Kathy is her communication. She calls, she speaks to each of us, she wants to hear our opinion on things, she wants to understand our perspective on things, and that communication plays a huge role on this board in terms of no surprises and making sure that we go about our work in a very thorough and productive way.

[01:14:39] And so I certainly support Supervisor Smith to be vice chair. I think she'll do an amazing, great job. And I will point out that while Supervisor Gross did this for a long time and did an exceptional job as chairman, one of the things that I like most about as vice chairman, one of the things I like most about Kathy Smith being considered as an ex-vice chair is the geographic balance that this brings from someone who's the chairman and lives in Alexandria to have the vice chairman from Sully District, think is great in terms of geographic balance as well and so i strongly support this and look

[01:15:17] forward to calling you vice chairman kathy smith with that we do have to vote however all those in favor of the motion please say aye aye any opposed any abstentions and that motion carries congratulations vice chairman kathy smith absolutely i appreciate everyone's support and i look forward to spending hours on the phone with each one of you um yesterday when i checked my mail i got this little piece of paper from penny gross and it is the land use case order that she

[01:15:53] carried around in her pocketbook for a gazillion years so i just want to thank penny for all of the work she did as vice chair of the board and i look forward to working with each of you thank you thank you kathy and uh for the record that is laminated uh it's been around for a while it's a A little discolored, but is exactly right still.

[01:16:12] And so, and, you know, Penny was so reliable as vice chair for so long. And I know you will be as well. I'm looking forward to this next four years of service. All right. Next up, we have board appointments to citizen boards, authorities, commissions, and advisory groups.

[01:16:31] Let me ask our newly minted vice chair, Supervisor Smith, do you have a motion? I move approval of the board appointments. You've heard the motion. I'm happy to second that, along with Supervisor Palchuk.

[01:16:47] Is there any discussion or any that any board members would like pulled for a separate vote or any discussion on any of the appointments before us? Seeing and hearing none, all those in favor of the motion, please say aye. Aye. Any opposed?

[01:17:02] Any abstentions? And that motion carries. And next up are board matters. And as we move to board matters, just as a reminder, the clerk has compiled these digitally and we will go alphabetical by district following myself and Vice Chairman Smith.

[01:17:21] And I'm going to turn the gavel over to Vice Chairman Smith so that I can do my board matters. And before I read my formal ones, I do want to introduce two members of my office staff that are new. First is Kia Cook, and Kia was raised in Fairfax County, graduating from Mount Vernon High School before heading off to study criminal justice at Parks College.

[01:17:44] Kia worked for the Department of Motor Vehicles, DMV, for the beginning of her professional career and later joined Fairfax County government in 2019, both working for the police department and the Department of Vehicle Services. And when she is not on the clock, she enjoys time with her two beautiful girls, family and friends.

[01:18:04] And she is going to be the scheduler in our office, which is probably the most difficult job in Fairfax County. So Kia, welcome. And next, I want to introduce Vanessa. And Vanessa is grand theft in a little in kind of a way.

[01:18:23] Vanessa is was raised in Fairfax County, is alumna of James Madison University. not surprising she comes to our office with experience in fairfax county government having worked in community outreach at the providence district office before starting at the chairman's office she was working as a translator of german her passions are in championing the environment matters of equity and exploring language and cultures when she's not in the office you can find her behind the pottery wheel or at the rock climbing gym welcome vanessa really happy

[01:19:03] to have you both on our team in fairfax county and with that i do have a couple of written board matters first i move to approve without objection the proclamation request listed in this document which is to recognize january as firefighter cancer awareness month recognize black history month and finally to recognize congenital heart disease week from february 7th to 14th thank you mr chairman without objection it's so ordered thank you very much next i have a board matter to recognize the 2023 best workplaces for commuters awards fairfax county department of transportation

[01:19:42] fcdot commuter services team continues to work with the university of south florida's center for urban transportation research to identify fairfax county employers who are potential candidates for the nationally acclaimed best workplaces for commuters designation the bwc program aims to motivate Fairfax County employers to offer transportation alternatives to single occupant vehicle commuting such as ride sharing, transit, biking, walking, teleworking, and other transportation demand TDM strategies to improve mobility and reduce greenhouse gas emissions in

[01:20:19] the region. I'm pleased to announce that 14 Fairfax County employers have qualified for the 2023 BWC designation, which brings the total number of employers holding this designation in Fairfax County to 152. The green commuting programs implemented by these employers promote environmental stewardship, advance sustainability, and reduce traffic congestion in our county and region, thus improving the quality of life for all residents and businesses in Fairfax County.

[01:20:50] Fairfax County Commuter Services continues to work with each of these Fairfax County businesses and organizations to implement the full range of commuter and trip reduction programs which comprise the characteristics of the Best Workplaces for Commuters program. These efforts help Fairfax County attract and retain a quality workforce and further position our employers as national leaders in green commuting. As a result, I move that staff be directed to invite the 2023 recipients of the best workplaces for commuters award to appear before the board on february 6 2024 to formally

[01:21:27] receive their awards it's been moved and seconded all those in favor say aye aye anyone opposed discussion any abstentions the motion carries thank you thank you very much uh supervisor smith and next i have a workplace availability for the clerk of the court the office of the clerk of the Fairfax County Circuit Court recently contacted my office to help identify space around the county to hold remote office hours to help residents receive certain court services without the need to travel to the courthouse. I understand that these services may include issuance of marriage

[01:22:05] licenses and notary commissions with the potential to add more services in the future. Therefore I ask without objection that the county executive direct staff to work with the office of the clerk of the Circuit Court of Fairfax County to identify potential space in existing county facilities to provide these services better for our Fairfax County residents. Thank you. Without objection, it's so ordered. Thank you, Supervisor Smith. And then finally, just to make the board aware that our New Year's reception this year has been scheduled, and due to a lot of scheduling

[01:22:41] conflicts, the first date after the new year that would work best is Friday, February 9th, hear from 5 to 7 p.m. at the Fairfax County Government Center. And as always, members of the public, my colleagues, our county staff are all welcome to join us at the chairman's New Year's reception here in the atrium. It's always a very popular event and is a way for us to start the new year off in a fun way. And attached to this, you will see a request. And we're requesting,

[01:23:13] Of course, there's no cost to attend the New Year's reception, but we are requesting people who are able to make donations to the Fairfax County Animal Shelter as we have done in the past. And attached, you will find a list of items that the shelter is looking for.

[01:23:31] There's also a QR code where people can make a cash donation. We're sharing this information with the community so that we can make sure that the animal shelter is well-staffed with donations from the community as we start 2024 and certainly welcome and encourage all of you to attend.

[01:23:51] And with that, that is the end of my board matters. And next up is Supervisor Walkinshaw. Thank you, Mr. Chairman. I have three written board matters and just one item to share. The first written board matter is a joint board matter with you and the entire board, and I mentioned this earlier, the creation of a Veterans and Military Families Commission.

[01:24:16] As you're aware, Mr. Chairman, we have 84 board authorities and commissions. Somehow we don't have one that exists to represent the issues and challenges faced by veterans, members of the armed forces, and their families, despite, as Supervisor Luss mentioned earlier, Fort Belvoir is our largest employer.

[01:24:35] We're home to more than 45,000 active-duty military selected reserve members and 65,000 veterans. 14,500 students in our schools are connected to the military, and we have 18 Purple Star schools, an active and vibrant military family community.

[01:24:54] And I believe it's very important for the board to hear from them on the issues they're most concerned about. We have a lot of partnerships, organizations, and networks that exist to help support our military community, the Northern Virginia Regional Commission's Community and Military Partnerships Committee, employment resources through our Veterans Preference for Government Jobs and the Commonwealth's Virginia Values Veterans Program.

[01:25:20] We recently, relatively recently established, and I think he's here with us or was here with us, the position of Veterans Coordinator. Mr. Pulley has been doing an incredible job in that role for the purpose of connecting veterans, active duty service members, retirees, and their families with resources, assisting with eliminating barriers to services and improving care connections for our communities.

[01:25:45] The board also instituted real estate tax relief, additional real estate tax relief for the spouses of service members who died in the line of duty, bringing their property taxes to the lowest allowable amount. That said, I think we can do even more to support our military families.

[01:26:04] Therefore, Mr. Chairman, I move to direct the county executive to work with a veterans coordinator and other staff on the establishment of a Veterans and Military Families Commission. Staff should review similar entities in other jurisdictions and return with a resolution for the board's consideration by March 19th, 2024.

[01:26:24] That proposal should include the commission's purpose, bylaws, structure, and parameters for membership. So moved. And I'm happy to second that motion. Is there any discussion on the motion? Seeing and hearing none. All those in favor of the motion, please say aye.

[01:26:40] Aye. Any opposed? Any abstentions? And that motion carries. Supervisor Walkinshaw. Thank you, Mr. Chairman. My next board matter, and this one I will do what I don't usually do and probably read it in its entirety because I think it's that important, is a joint board matter with you, Mr. Chairman and Supervisor Lusk.

[01:27:00] Mr. Chairman, the Board of Supervisors accepted the findings of the task force on the future of Lake Akatink at its December 5, 2023 meeting, and the Environmental Committee received a presentation on those findings at its December 12, 2023 meeting. As the board will recall, a task force was established to review and develop findings on the previous dredging studies.

[01:27:23] Ensure that all options have been considered to preserve Lake Akatink in the most sustainable, equitable, and cost-effective manner. Identify information needs and questions that should be addressed should the board proceed with studying a managed wetland or smaller lake option. And consider the impacts to the environment, surrounding communities, recreational uses of the park, and financing, including the need for ongoing maintenance.

[01:27:46] The task force was ably chaired by former chairman Sharon Bulova and included former Braddock District Supervisor John Cook. The board has received the task force's findings report, which is available on the task force's website. Their invaluable work alongside county staff and a new consulting team has provided a path forward that I believe has the potential to preserve Lake Akatink, albeit with a smaller body of open water for generations to come.

[01:28:15] But that work also revealed the need for additional study and analysis of the various actions necessary to preserve Lake Akatink. The task force helped uncover the fact that, despite multiple estimates dating back to 2016, we do not know with certainty how much sediment is entering Lake Akatink, how much sediment is settling in Lake Akatink, and how much sediment is flowing downstream from Lake Akatink.

[01:28:42] That information is necessary to inform future dredging and maintenance dredging intervals. our understanding of the lake's evolution over time, and sediment impacts on downstream areas. As the board is aware, the Commonwealth of Virginia's dam safety regulations have changed.

[01:29:00] During the task force's work, we learned that staff are currently working with the Virginia Department of Conservation and Recreation to determine the classification of the Lake Acatink Dam and whether state regulations will require improvements to that dam. A safe functioning dam is necessary to maintain an open water feature and an assessment of costs to achieve regulatory compliance and ensure the dam's performance for the next 50 years is needed.

[01:29:28] The task force found that a 20 to 40 acre lake would preserve much of the aesthetic and recreational value of Lake Akatink while minimizing maintenance costs and impacts on surrounding communities. They found that if an initial dredge of a smaller lake area were performed, dredge spoils could remain on site in Lake Akatink Park, most likely within the existing footprint of that lake.

[01:29:53] Furthermore, the task force found that a smaller lake option could be paired with a managed wetland, grasslands, navigable kayak trails, and other creative recreational and education amenities not currently available at Lake Akatink. Staff and the consultant working alongside the task force have pointed out that on-site reuse would require an extensive permitting process and is a relatively new regulatory process that few regulators have worked through.

[01:30:24] Furthermore, even if spoils from an initial dredge could be reused on-site, future maintenance dredges would require off-site disposal. I agree with the task force that the smaller lake meets many of the community's expressed desires.

[01:30:41] While costs to maintain a smaller lake would still be significant, they would in all likelihood be far less than the estimated $395 million cost to maintain the full lake over the next 25 years. Unless the feasibility study reveals unforeseen insurmountable hurdles, I believe we should proceed with the smaller lake option.

[01:31:06] A feasibility study, though, is needed to determine the best methods, costs, regulatory and permitting challenges, maintenance dredging intervals, permanent infrastructure needs, on-site reuse potential, implementation timelines, and staff needs to preserve a 20 to 40 acre lake at a depth of 4 to 8 feet.

[01:31:26] A robust community engagement plan to ensure public involvement in the scope development of the feasibility study and the opportunity to comment on the feasibility report is necessary. The task force's findings related to public engagement should inform that plan.

[01:31:43] On October 29, 2019, the Board of Supervisors approved a financing plan for the dredging of Lake Akatink, which noted an estimated $50 million order magnitude cost for dredging that was included in the FY20 to FY24 capital improvement program.

[01:32:03] That financing plan estimated a cost of $30,500,000 for the initial full lake dredge and annualized maintenance dredging costs of $2,013,000. The plan identified the Virginia Clean Water Revolving Loan Fund as a preferred funding mechanism to fund dredging with the issuance of a bond sale through the Fairfax County Economic Development Authority as a fallback option.

[01:32:29] On July 27, 2021, the Board of Supervisors approved an updated financing plan for an additional $30 million for a total of $60,500,000, while noting annualized maintenance dredging costs of $3 million.

[01:32:46] The FY24-28 CIP reflects that continued $60,500,000 commitment. Therefore, Mr. Chairman, I move that the Board of Supervisors direct the County Executive and the Director of the Department of Public Works and Environmental Services to take the following actions and to conduct these activities in a timely manner.

[01:33:09] Proceed with the conduct of a sedimentation rate study, which will measure sedimentation rates over a three-year period. In cooperation with the Fairfax County Park Authority, conduct an assessment of the Lake Accatine Dam to determine the improvements and maintenance needed to ensure long-term regulatory compliance and safe functioning, and to explore sources of funding for any required improvements to the dam.

[01:33:35] Conduct a feasibility study of the 20- to 40-acre, 4- to 8-foot-deep, smaller lake option identified in the task force's findings. Develop a robust community engagement plan informed by the task force's findings. Repurpose an existing position or establish a new position within DPWES to coordinate work related to all of the activities associated with this board matter.

[01:34:02] Maintain the board's commitment of $60,500,000 to preserving Lake Akatink in the FY25-29 advertised capital improvement program. Coordinate with the Fairfax County Park Authority to resume the Lake Akatink Park master planning process upon completion of the feasibility study and development of a long-term plan for the preservation of Lake Akatink.

[01:34:28] Ensure that the sedimentation rate study assessment of the dam community engagement plan and feasibility study proceed immediately and concurrently. And finally, produce for the board by March 31st, 2024, a timeline for completion of the various actions outlined in this motion.

[01:34:47] So I'm happy to second that motion along with Supervisor Lusk. Discussion on the motion. Let me start with Supervisor Walkinshaw. Thank you, Mr. Chairman. And let me start just by thanking you and your staff for your close partnership and for working with us on this and Supervisor Lusk for your engagement as well.

[01:35:07] I'll just say, I think the board matter spells it out. This has been closely coordinated with staff, so they're aware of all of this and believe we can accomplish the items that are outlined in the board matter. I believe we should proceed with the smaller lake option.

[01:35:24] As I said in the board matter, unless the feasibility study identifies unforeseen hurdles, I think as a board we should commit to pursuing that path. Thank you, Mr. Chairman. Thank you, Supervisor Walkinshaw. Supervisor Lusk. Thank you, Mr. Chairman.

[01:35:40] I just want to thank both you and Supervisor Walkinshaw for, I think, advancing this very important board matter. I think it's important for us to continue to study this smaller lake option, and I believe that it is going to be vital as a next step for us to understand the impacts and also to understand the cost of this option.

[01:36:02] So I just want to ask Supervisor Walkinshaw a question. the committee meeting that we had with the report from the the task force was assigned to do research on this matter we had I guess a statement and in part of the report that talked about the Robinson terminal being a possible option for storage and I guess cleaning of some of this material that's pulled from the lake wanted to find out if there's any update on the status of that possibility

[01:36:38] sure supervisor welcome thank you supervisor lusk and yeah my colleagues will recall the task force's findings included a robust addendum that had a very dedicated member of the task force put together exploring the possibility of utilizing the robinson terminal as a processing site for the dredged materials. Staff had looked at that before and had reached out to the owners of the Robinson Terminal who were, I think, pretty clear in saying that they were not interested in something like

[01:37:12] that. It didn't fit their needs for the use of the property. After receiving the task force's findings, staff went back to the owners of the Robinson Terminal who reiterated that that's not something that that they're interested in obviously as this process moves forward all of the potential processing sites will have to be re-evaluated right so like others we can go back to robinson terminal and see whether anything changes in terms of their plans but for the time being that's been a firm no so just as a follow-up i think it's going to be important then to

[01:37:51] reiterate the importance of understanding what is the amount of dredge materials that will be coming from the small lake option understanding um how we um might have options for where we might place them and store them and and then also to transport them so i just want to be clear that that's going to be um clarified and included in the report findings that come out as a result of this uh board matter yeah i absolutely i mean the very first bullet point is to proceed with the

[01:38:26] conduct a sedimentation rate study which will measure the speed the amount of sedimentation that we're dealing with because I think there's a range that's out there but we need to fine-tune that number and I think fine-tuning that number will speak to you know very clearly to what the options are in terms of you know where that where that sediment will go where that will be stored and most importantly I think to all of us is how much of it is there and and how do we deal with that and I think with you know this this motion is really important and making sure we get the very detailed information on that that we're gonna need well I'll just say mr. chairman I appreciate again this

[01:39:03] coming forward and look forward to seeing the report that comes back from the county so thank you thank you supervisor Smith and then we'll go this side thank you I appreciate the detail of the analysis that needs to be done here I will be interested in hearing where the dredging materials go I know there was talk about you know maybe shipping over over to the western part the county so that's going to be important information and then of course the cost so thank you thank you supervisor alcorn thank you mr chairman yes this uh want to congratulate uh supervisor walkenshaw and uh chairman and supervisor everybody who's been working on this i think this is we're in a much better

[01:39:43] spot uh now than we were just a few months ago um i i do have to say though i i am very interested and i know you mentioned this in the board matter about uh in the feasibility study looking not just at the initial costs for preserving uh lake akatink and even a smaller lake but also what would be the ongoing maintenance costs for that what would be future capital costs for that preservation i would hope that would all be spelled out clearly um because i think uh certainly uh before just in my vote before i can commit to uh for sure making uh voting for such

[01:40:21] a thing i want to make sure it it doesn't take all the county-wide stormwater funds uh frankly so um i i don't think that's going to happen but and i appreciate you noting in your board matter that that would be part of the feasibility study so the certainly the longer term costs i i think we need to have a have a handle on that and i look forward to getting that data from that process so thank you thank you supervisor alcorn supervisor harry yeah just want to uh thank Supervisor walk-inshaw for the board matter and I'll be supporting it also want to certain recognize former chairman below then and supervise former supervisor cook for their robust

[01:40:58] Community dialogue that that led to many of these and I hope as we move forward We continue to keep the community engaged and in this effort is as we move forward because they've they've added a lot to it Thank you. And let me just close by saying that this is a big deal. This has been an issue that has confronted us for a long time it is one of county-wide importance in terms of the fact that you know we own this facility and we have a responsibility to maintain it i do want to thank

[01:41:32] supervisor walkinshaw who clearly has taken the lead on this we've been happy to support him and to make sure that that community engagement continues but on the community engagement part I mean, that really led this entire effort. And so I, too, want to thank Chairman Bouliva, Supervisor Cook, but the entire task force.

[01:41:53] I mean, what they both shared with Supervisor Walkinshaw and I recently, again, was just the immense amount of talent from the citizens who served on that task force. I mean, it was incredible. And this recommendation today of how we can take some steps forward, I think really is in alignment with most of which was in the task force report in terms of what, you know, was needed in the community.

[01:42:18] And so, to me, I think this, you know, sends a clear direction of where we're heading. i do think it's important for the long-term stability of lake akatink and the community around it and the community not around it that goes to this facility that we maintain both an active lake recreational amenity and passive environmental opportunities that exist at this property and i do think one piece of this motion that's really important is to coordinate with the park authority to reserve resume the master planning process because i do think once we can

[01:42:53] get beyond you know where what is it we're looking at here what is the lake what is the size of it where does the dredge material go it may end up on site and if it's on site what does that mean for that part of the park and how can we use it can present some real opportunities here to develop a master plan that not only preserves a lake component albeit smaller but most importantly can bring other amenities into the property to make sure that from a long-term standpoint, the facility is sustainable, affordable, but also make sure that it can continue to be a regional

[01:43:31] location for people to want to recreate. And lastly, you know, we heard a lot through the process, not just from the task force, but through the community as well about the communities that around Lake Acatink more globally not just the ones that have direct access from their property but more globally and the fact that many of those communities need recreational opportunities like this nearby from an equity standpoint it is very important that we are setting the the future for this facility that is positive that it will continue to support all of the

[01:44:08] community needs that we've heard and I think this direction does a really good job of honoring all of the comments that we received through the process and doing it in a smart way and as supervisor walkenshaw mentioned you know this has been coordinated with staff the process ahead will continue to be involvement of the staff involvement of the community involvement of the task force members i mean this is this is a long-term prospect here not something that we're solving today but we're setting the wheels in motion towards a solution that will continue the type of community and staff engagement and collaboration that we have

[01:44:47] experienced for the past couple years ever since the magnitude of this problem came about and was presented to us and so i think making sure the community knows where we're heading is really critical here removing the doubt in their mind but also making sure they understand we still have some t's to cross and some i's to dot here before we're at the end of the end of the road here and this board matter sets us into the proper direction and so i want to thank all those who have been involved here this is a milestone moment uh but not the end uh by any stretch of the imagination and and i know this will continue to be an issue of county-wide uh importance for this

[01:45:25] board until it is solved so thank you supervisor walkinshaw with that all those in favor of the motion please say aye aye any opposed any abstentions and that motion carries supervisor walkinshaw thank you mr chairman uh my my final board matter somewhat fitting uh this is a joint board matter with you uh unfortunately to recognize the retirement of charles smith um and i think most of the board uh know charles after he served in the army he spent five years with the northern virginia regional park authority as a senior naturalist and planner and land

[01:46:01] administrator he joined the fairfax county park authority working as a historian and assistant manager of Eleanor C. Lawrence Park. He moved on to become a senior natural resource specialist and then natural resource management and protection manager for the Park Authority, where he oversaw the development and implementation of policy programs and plans to manage ecological resources on 23,000 acres of our parkland. He left the Park Authority and joined the Fairfax County Department of Public Works and Environmental Services, where he has worked for the last 10 years, starting as a senior project manager. He was quickly promoted to Central Division Watershed

[01:46:39] Project Implementation Branch Chief, a position he held until he retired on January 12th. And, you know, I'll just say about Charles, he is one of those rare people who combines encyclopedic substantive knowledge with incredible people skills and the ability to engage uh with with the community and we're fortunate in our staff in the county to have to have a lot of people like that uh and and charles was really incredible i got to see him in that role

[01:47:15] on a number of watershed management projects that we have but most recently uh in his role supporting the work of the task force on on the future of lake akatink and we talk a lot about the the successes of the work of that task force it wouldn't have happened without um charles and his commitment to it which was on top of his regular workload by the way uh he was doing all of that in addition to it uh he he he knows more than any single person on the planet about lake akatink and the history of lake akatink so we will continue to find ways to to draw on that that

[01:47:50] knowledge and expertise moving forward i'm sure but mr chairman i asked unanimous consent that the board direct staff to prepare a resolution to recognize charles smith's contributions to Fairfax County Stormwater Program and to the ecological enhancement of our environment to be presented out of the boardroom. And without objection, that is so ordered and we can say to Charles, we certainly saved the best for last for him and having Lake Akatink be one of his last assignments, but definitely we'll miss him and hope to continue to tap into his talent as we deal with the Lake Akatink issues ahead. Mr. Chairman. Yes, Supervisor Alcorn. So I know we're talking

[01:48:30] about a presentation outside of the boardroom i know that's how we're doing things now but i think a number of us might be wanting to attend such presentations so i just sort of ask staff if possible to coordinate because i i that's going to be a public meeting i guarantee you they're going to be more than three of us there we we will uh definitely make sure that that happens and if there is an event that we make sure that that information uh gets communicated out to the board And on that point, you know, oftentimes we'll see retirements of county staff in the newswire.

[01:49:02] And so relative to public meeting notice, it is important to check on the piece about whether those have been publicly noticed or not in terms of the board attendance. And so if you are going to be attending one of those, then don't assume that your nine other colleagues in my office is aware of that unless you tell us to make sure that it gets on the public meeting calendar.

[01:49:23] Supervisor Walken. Thank you, Mr. Chairman. I have just one item that I want to share. I'm personally very excited about this, but I think the board and community will be as well. Most of my colleagues know that Braddock District is home to one of our many historic resources in the county, which is the historic Oak Hill Mansion, which is one of the three Fitzhugh Tract mansions, the only one still standing.

[01:49:51] In 2020, I recorded a video talking about Oak Hill Mansion as we do each year when we celebrate Oak Hill Day or recognize Oak Hill Day. And one of the things that I did was I read from the census that listed the enslaved people who lived at Oak Hill Mansion, which was a surprisingly difficult thing to do.

[01:50:18] but I struggled to get through it because you can see the names of mothers and children who were enslaved there. One of the people watching that video was my constituent, Tom Shoup, who's a celebrated writer and historian.

[01:50:35] And he was inspired to take on this project of recognizing and telling the story of Ilda. And Ilda was at the corner of Guinea and 236. It was established by two black entrepreneurs, and it was a racially integrated community in Fairfax County that thrived before Jim Crow.

[01:50:57] So in that period of reconstruction before, as this board has discussed when we've dealt with other issues, the implementation of Jim Crow in Fairfax County, this racially integrated community established by two black entrepreneurs thrived.

[01:51:16] And Tom, who also represents the Braddock District on the History Commission, has been working for several years. And in February, you'll be able to purchase this book, A Place Called Ilda, Race and Resilience at a Northern Virginia Crossroads. I had a chance to look at an advanced copy of it, and it really is an amazing and profound Fairfax County story published by the University of Virginia Press.

[01:51:41] So I'll share the link when it's available in February, but encourage everyone to take a look at it. Thank you, Mr. Chairman. Very cool. Thank you for mentioning that, Supervisor Walkinshaw. And I neglected because she's so new in the position that I forgot to check with our vice chair, who should have been second, in board matter.

[01:52:00] So I'm going to go backwards for a moment. Sully used to be the last, and now they're number two, Supervisor Smith. Thank you, Mr. Chairman. This is an acknowledgment of a Scoutmaster. Scoutmaster Tim Klein is retiring after years of service as the Cubmaster for Pac-146 in Chantilly, Virginia.

[01:52:19] During his years of service, Tim put in thousands of volunteer hours to make our community, the Sully District, and Fairfax County a better place to live. Therefore, Mr. Chairman, without objection, I ask that the Board of Supervisors direct staff to prepare a resolution to recognize Tim Klein for his contributions to be presented outside of the boardroom on February 4, 2024, at the Cub Scouts Annual Blue and Gold Banquet.

[01:52:40] And without objection, that is so ordered, Supervisor Smith. Thank you. All right, thank you very much. Next up, Supervisor Bierman. Thank you, Mr. Chairman, and thank you to the rest of the board for being so welcoming.

[01:52:56] This is my first meeting. Tough act to follow, James. It's my first meeting, so thank you to the rest of the board. Thank you to the voters of Drainsville, and really thank you to the staff of Fairfax County that keep this place running every day.

[01:53:13] I know that Supervisor Jimenez and I sat through a number of orientations conducted by county staff. We were in awe of everything that you do, but also just very grateful for the information that you provided, the way you've been welcoming to those of us.

[01:53:33] I mean, this morning started out with me learning what the buttons over here do, so it's been great. Unlike James, I'm not an old hand, so I haven't figured out what I can and can't read of a board matter as I'm going through, so I am going to read my board matters today, and the first one is a board matter on a residential cut-through sticker program.

[01:53:58] Mr. Chairman, the Virginia Department of Transportation and the Fairfax County Department of Transportation Cut-through mitigation program offers relief to residential communities negatively impacted by peak hour cut-through traffic on neighborhood roads. In communities with an approved cut-through restriction program, access to roads is restricted during specific times of day, except for buses and emergency vehicles.

[01:54:22] The restrictions apply to residents with homes on the designated streets as well as non-residents. To be eligible for the cut-through restriction program, various VDOT criteria demonstrating the need for such a restriction must be met, such as showing of excessive cut-through traffic during peak hours and a reasonable alternative route must be available.

[01:54:40] In addition, at least two-thirds of the occupied residences on the street to be affected must accept the cut-through plan. Currently in Fairfax County, there are cut-through restrictions in place in two areas of the Mason District and one area of the Drainsville District. Another four communities located in the Mason, Providence, and Drainsville districts have requests pending.

[01:54:59] In 2019, at the unanimous request of the board, the Virginia General Assembly enacted a law that gives localities the authority to adopt an ordinance that permits communities that qualify for cut-through restrictions to additionally request permits or stickers, quote, that will allow such local residents to make turns into or out of the designated area during certain times of day when such turns would otherwise be restricted, end quote.

[01:55:21] If a community votes to enroll in the sticker program, the decision to purchase a sticker remains entirely voluntary. The problem of motorists using neighborhood streets to avoid bottlenecks on major roadways such as Route 7 and I-495 has grown significantly since 2019 due to road navigation guidance systems such as Waze.

[01:55:41] In Drainsville, constituents have reported that they have sat in a line of traffic within their own neighborhood for over 40 minutes to get to their home. In frustration, some people have resorted to parking their car several blocks from their homes. Others have missed appointments because they cannot get out of their neighborhood.

[01:55:59] The cut-through restriction program can help ameliorate these problems, but also limits how local residents are permitted to move through their own neighborhoods. A residential cut-through sticker program providing exemptions would thus help ensure that cut-through restrictions do not themselves create additional problems for local residents.

[01:56:16] Since 2019, FCDOT staff has drafted an ordinance enacting the sticker program and has presented information at the Board of Supervisors Transportation Committee meetings on a resident sticker program, including providing draft program policies and procedures and providing estimates regarding the program's startup and recurring costs.

[01:56:35] In 2023, the staff made presentations on January 31st and July 18th. At the July 18th Transportation Committee meeting, various board members made comments and asked questions of staff regarding the operation and costs of the program, the amount of the permit fee, revenue the Stricker program would generate, and how the program would be enforced.

[01:56:54] Among other things, various board members expressed skepticism regarding how FCDOT estimated costs and revenues derived from the program. Therefore, Mr. Chairman, to address those questions and determine whether to act on on the enabling legislation that the board requested, I move that FCDOT staff be asked to make a presentation at the February 13th, 2024 Transportation Committee meeting.

[01:57:15] The presentation should include, but not be limited to, updated software development costs, operational costs, including staffing requirements, a recommended permit fee, whether the Department of Tax Administration could process permit fee payments, and information regarding what experience other jurisdictions have had with their cut-through sticker programs.

[01:57:34] And I'm happy to second that along with Supervisor Alcorn. And as you know, Supervisor Bierman and my colleagues know and the board batter acknowledges we have discussed this, but a lot's changed since then and probably merits another discussion.

[01:57:49] And we will have that discussion in the proper place in the Transportation Committee and look forward to that. If there's no further discussion on the item, all those in favor, please say aye. Aye. Aye. any opposed any abstentions that motion carries supervisor bierman thank you mr chairman one for one look when you're batting a thousand you gotta celebrate yourself just kidding uh virginia department of transportation i find 495 next project mr chairman this board has in the past

[01:58:27] supported with some reservations the virginia department of transportation's i-495 next project the project which in conjunction with maryland's plans to widen the american legion bridge and construct high occupancy toll lanes could reduce congestion, provide additional travel choices, and improve travel efficiency along one of the worst traffic hotspots in the country.

[01:58:47] However, recent changes to Maryland's plans and the manner in which the Virginia construction has been performed have been very concerning to area residents, especially those in Drainsville. Construction on the project began in mid-2022 and has included the removal of noise walls, the clearing of trees, and preliminary bridge work. The assumption all along has been that project would be closely aligned with Maryland's plans. For example, the project envisions five ramps to be built or reconstructed. VDOT will build two of the ramps to connect to a tie-in to be built by the Maryland Department of Transportation, MDOT. One ramp is to be built in Virginia by MDOT. This coordination and by-state funding plan was memorialized in the

[01:59:25] Capitol Beltway Accord that the governors of Virginia and Maryland announced in November of 2019. The Accord was heralded as a once-in-generation achievement for the Capital Region. Maryland's plans have changed significantly since the 2019 announcement. There will no longer be a public-private partnership, and we recently learned that Maryland intends to apply for federal grant money.

[01:59:46] These changes have raised questions and concerns about what Maryland intends to do and when they intend to do it. Among other things, there's confusion about the purpose of the ramps being built that previously were proposed to tie into high-occupancy toll roads on the Maryland side. If these toll roads aren't constructed, are we building ramps to nowhere?

[02:00:03] Moreover, the board has received no answer to the letter it sent in September 2023, four months ago, to the Virginia Secretary of Transportation regarding a written agreement between Virginia and Maryland. I'm also troubled by the numerous concerns from residents about the significant impacts on surrounding neighborhoods, including areas of tree loss along long stretches of I-495 and dramatic increases to neighborhood congestion resulting from peak hour cut-through traffic.

[02:00:30] You guys kind of got that I was worried about that. At the December 12, 2023 meeting of the Board's Transportation Committee, representatives of VDOP, including Michelle Shropshire, acting director of VDOP Mega Projects, gave a presentation on the project.

[02:00:46] Unfortunately, the response to concerns about the coordination with Maryland was inadequate. Additionally, VDOP representatives were asked to share the details and timing of a necessary reforestation plan. They indicated the planning was underway, but provided no clear commitment to a timeline or plan for community engagement.

[02:01:05] At this stage of the project, the lack of information is troubling. We must understand how the uncertainty of Maryland's plans affects the benefits of this project and know how this project's negative impacts will be ameliorated. Therefore, I move that the board direct staff at FCDOT to draft a second letter to Secretary Miller requesting that VDOT address the concerns expressed in this board matter, including, but not limited to, concerns about the lack of coordination, question about the rants, and concerns about deforestation, and present the draft letter to the board at the next Transportation Committee meeting to be held on February 13, 2024. I further move that the

[02:01:41] board direct VDOT staff to present a plan at the next Transportation Committee meeting for future coordination with VDOT and MDOT, and to consider future environmental coordination with appropriate county agencies regarding tree reforestation plans. Thank you. I second that motion along with Supervisor Alcorn. Any discussion, any further discussion on the motion? Seeing and hearing none, all those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions? That motion carries. Supervisor Beerman. Thank you. That's all I have. Thank you. Excellent. Two for two.

[02:02:16] Two for two. Very good. Thank you very much, Supervisor Beerman. And next up is Supervisor Thank you, Mr. Chairman. I have just one board matter. Mr. Chairman, in Fairfax County we have approximately 1,750 mobile or manufactured homes. Of these, approximately 800 are in the Franconia District, spread across two different communities, Audubon Estates and Harmony Place. This makes my district the largest mobile home population in the county.

[02:02:46] During my many visits to Audubon Estates and Harmony Place, I observed how close the units are to each other and realized if there was a fire in one of these communities, the effects could be catastrophic. I reached out to a fellow classmate from Leadership Fairfax, Courtney Bolger, who was the then director of the American Red Cross of Northern Virginia, to see if it would be possible to install smoke detectors in each mobile home and provide fire safety education to residents.

[02:03:14] She immediately agreed to partner with my office to help launch a special initiative for the mobile home parks in my district. I then reached out to the Fairfax County Fire Department and spoke with Assistant Fire Chief Reed, who stated that this type of initiative for manufactured housing had not been done before here in Fairfax, but would be willing to partner with us on this first-of-its-kind opportunity.

[02:03:40] After many planning meetings, my office, the Red Cross, and the Fairfax County Fire Department launched its first fire safety day in Franconia District at Harmony Place on August 27, 2023. During this first launch of the program, 150 smoke alarms were installed in 46 mobile homes.

[02:04:01] After the installation was completed, the residents of Harmony Place surprised all of us with a homemade barbecue offering tacos and pavisas to thank us for the fire safety efforts in their community. With the success of this first day, all the partners agreed to move forward with the second and next fire safety day initiative in Audubon Estates.

[02:04:23] And now, to date, 603 smoke alarms have been installed in 189 homes, making Audubon Estates and Harmony Place safer for the families who live there. This initiative has also provided fire safety tips, evaluation plans for residents, and containers from Solid Waste Management for community cleanup of debris and other items.

[02:04:47] There will be at least one more installation in the Audubon Estates to ensure that as many homes as possible receive this no-cost smoke detector and fire safety education. The American Red Cross of Northern Virginia and our fire departments plan to implement this program in manufactured housing communities across the county.

[02:05:07] This would not be possible without the assistance from the Red Cross and its Sound the Alarm program and the dedication and commitment of community volunteers, CERT volunteers, and key staff, including the former director of the Red Cross of Northern Virginia, Courtney Bolger, David Chesler, Jackie Rivera, also from the Red Cross and Fire Chief John Butler, Marlon Murphy, Kate Dye, and Battalion Chief Todd Barb from the Fairfax County Fire Department.

[02:05:38] as well as Josie Velez, Manager of Audubon Estates, Marianela Rinaldo from Tenants and Workers United, and Susan Davidson with Solid Waste Management Division. So with that background, Mr. Chairman, I move that a proclamation be prepared to acknowledge the extraordinary work and importance of this fire safety initiative to be presented to the Northern Virginia, Red Cross, and Fairfax County Fire Department, ideally at a future meeting of the Board of Supervisors or outside the board if necessary.

[02:06:06] I'm happy to second that motion. no further any further discussion not seeing any all those in favor of the motion please say aye aye any opposed any abstentions that motion carries supervisor loss that concludes my matters and thank you very much mr.

[02:06:21] chairman thank you supervisor loss supervisor Alcorn thank you mr. chairman I have one board matter and one announcement first of all our the board matter part of the board's transportation priorities plan includes updates to the pedestrian infrastructure along Sunrise Valley Drive and Hunter district. To this end, acquisition of land rights for the proposed Sunrise Valley Drive walkway from Reston Parkway to Soapstone Drive is underway. This project will improve existing walkways as well as install missing links of sidewalk along the north side of Sunrise Valley Drive, a length of approximately 1,500 linear feet. The project will enhance pedestrian mobility along Sunrise

[02:07:00] Valley Drive. JBG Smith Properties owns one of the parcels impacted by this project and has declined to grant the limited rights land rights necessary to complete the sunrise valley drive walkway project instead they have requested that the county take full ownership of the small parcel in its entirety the property owner has offered to gift the land to the county acceptance of this small parcel will allow the county to avoid condemnation to complete the sunrise drive valley drive pedestrian enhancements and would provide the county with land to make one or more small improvements on this open space in the future uh so therefore mr chairman i move that

[02:07:36] the board accept and receive a gift a fee simple title from jbg smith properties for tax map parcel 17-3-03-0001-e3 whose street address is 11810 sunrise valley drive rest in virginia 20191 chair will second that along with others uh any discussion on the motion seeing and hearing none all those in favor of the motion please say aye aye any opposed any abstentions that motion carries supervisor alcorn thank you just a brief announcement uh uh just had handed out a map

[02:08:16] that's kind of interesting of an older part of reston um and it's titled relac properties Just for the board's awareness, RELAC, if you're not aware, is a private utility air conditioning service provided to about 900 homes in the Hunter Mill District in Reston.

[02:08:39] It was established as part of the original Reston development as an innovative way of cooling, of providing air conditioning without the noise and hassle of individual units having air conditioning. units and their properties. Unfortunately, last month, the operator of this private utility informed these 900 homes and residents that they will no longer be providing air conditioning services to the community anymore. So there is a movement to try to establish a co-op

[02:09:18] to keep the system going. There's also a vote that the rest of the association will be holding amongst interested property owners on whether to retain a covenant that requires those property owners to use the RELAC system so that covenant may or may not go away. So there's a lot of discussion in the community. I just wanted to bring this to the board's attention. There's nothing obvious that the county can do on this matter. There is a state program that that a number of folks including my office is trying to run down to see if they might be

[02:09:56] of assistance in this but there there are two information meetings there's a RELAC town hall that's being held tonight at 7 p.m. at the Reston Community Center in Lake Ann in the Rose Gallery and there'll also be another meeting tomorrow night 7 p.m.

[02:10:17] same location on this topic so anyway stay tuned I think it's just another example of some of our our older communities infrastructure undergoing significant challenges so anyway thank you for your indulgence in this news thank you supervisor Alcorn for raising the awareness of this I know we've talked about this in the past but it's a very unique situation and and one that we will stay apprised of. It's important. Thank you. Supervisor Jimenez. Almost good afternoon,

[02:10:54] Mr. Chairman. Today, I have one board matter and one brief announcement. Before that, like my colleague, Supervisor Bierman, I'd like to say that I'm excited and I'm honored to be sitting here at the dais long with all of my new colleagues. I look forward to the work ahead.

[02:11:11] We have lots of work to do, but I'm looking forward to working with each and every one of you. I also want to say thank you to each and every one of you for personally reaching out during the last few weeks. It's made that transition fantastic. And a quick congratulations to my new colleague, Supervisor Beerman.

[02:11:28] Congratulations. It's great to be here with you and having done the training with you. Thank you to staff, as Mr. Beerman mentioned, especially to our county executive, Mr. Brian Hill, and our head of clerks, Jill Cooper, for the smooth transition. It's been fantastic working with both of you.

[02:11:43] Thank you so much. to all the staff. So today I have one board matter that is co-sponsored by the chairman, Mr. McKay, Supervisor Bierman, Supervisor Alcorn, Supervisor Palchek, and Supervisor Kathy Smith. Mr. Chairman, I am pleased to announce that my office will continue to partner with the AARP Tax Aid Program. This is a nationwide program that has 11 locations in Northern Virginia and Mason District Government Center being the largest in our area. Prior to the pandemic, to 50 tax counselors, all certified by the Internal Revenue Service. Two complete tax revenues and

[02:12:22] five client facilitators greeters assisted in completing over 2,000 federal and state tax returns. During the most recent tax filing season, this program helped file 1,500 tax returns. The program also aligns with our county's values and one Fairfax policy in that it aims to serve senior lower and moderate income individuals however the tax counselors can assist others as well the program in mason is open to and primarily attracts walk-ins but there are limited numbers of

[02:12:58] appointments that can be made ahead of time this year's tax aid program begins on january 29th and ends on april 15th mason locations can be found on our website mr chairman as this program is open to all county residents with locations in the Mason, Drainsville, Hunter, Mill, Providence, and Solly districts, I request that the Office of Public Affairs share information about this program via its varying platforms. I have also included a link for all those locations as the dates, hours, and intake process vary at each location. Also attaches the intake booklet

[02:13:35] that may be completed ahead of time. Thank you, Mr. Chairman. Thank you for bringing awareness to this important opportunity. And as you mentioned, it's open to all county residents, but it's located in these districts with Mason being the largest.

[02:13:54] And so staff could help share that information, including the locations and that awareness piece that you have raised in your board matter. That would be appreciated. So thank you. Excellent. Mr. Chairman, I have just a quick announcement to make. Sure. We'll wrap it up here on my end.

[02:14:10] On February 2nd, at the Mason Government Center, which is 6507 Columbia Pike and Del Virginia. We're holding our first open house. I welcome constituents. I welcome folks in Fairfax County and my fellow board members and staff to come.

[02:14:28] We look forward to seeing and meeting our community. So thank you very much. Thank you, Supervisor Jimenez. And I've added it to my calendar. It'll be up to Supervisor Walkinshaw to wrap up the legislative committee meeting in time for us to attend.

[02:14:46] Thank you for that. Supervisor Jimenez. And next up is Supervisor Stork. Thank you, Mr. Chairman. And it's also a pleasure to welcome my two new colleagues. And we've had many conversations, but look forward to our really our years ahead working together for the people of Fairfax County, making a difference for all of us.

[02:15:08] So thank you. My first matter is once again this year, I'm fortunate to have the opportunity to continue a Mount Vernon tradition established by my predecessor in 1988, the annual Mount Vernon District Town Meeting. The town meeting will be at Mount Vernon High School and residents can also join us from their homes by streaming on Channel 16 and Facebook.

[02:15:28] The morning will begin with an exhibit hall of county and community service providers followed by the official program with a virtual tour of the district and Q&As with local leaders and special recognitions. Join us after the program for a taste of Mount Vernon featuring a sampling of local restaurants.

[02:15:45] I'm also pleased to identify that Congressman Jerry Connolly, Chairman Jeff McKay, County Executive Brian Hill, and the Mount Vernon School Board Representative Mateo Dunn will be presenting and answering questions from residents. Our event will also include features such as Kid Biz, Young Entrepreneurs Expo, Fairfax County Health Department Vaccine Clinic with Flu Vaccines, and the Mount Vernon High School String Quartet and Marine Corps JRRTC Color Guard.

[02:16:11] I invite all my colleagues and county residents to join me for this annual event this Saturday before the Super Bowl on February 10th with the exhibit hall opening at 745, programmed from 9.30 a.m. to noon, and then a taste of Mount Vernon that follows.

[02:16:27] Therefore, Chairman McKay, I ask with unanimous consent that the Board of Supervisors direct the Office of Public Affairs to advertise the town meeting, actually the 37th town meeting, on its various communications platforms. And without objection, that is so ordered. Thank you, Supervisor Stork.

[02:16:44] Thank you, Mr. Chairman. Also, I've sent out a mailer every year, and it has in the mailer. I always advertise, at least identify folks, the town meeting information, as well as this year we have Potomac Banks on the back, which is, as we all know, a really significant part of our achievement of getting more tourism and hospitality industry folks in our area.

[02:17:08] I have another board matter, which I'm going to do this jointly with my colleagues, now Vice Chair Smith, as well as Supervisor Palczyk. This is for Career and Technical Education Month, is a public awareness campaign held every February to celebrate the achievements and accomplishments of programs nationwide.

[02:17:30] Its programs are aimed at preparing students for high school, high wage, and in-demand careers. In these efforts, students develop critical thinking, time management, and problem-solving skills. Currently, there are 12.5 million students enrolled in CTE courses across the nation.

[02:17:46] The average high school graduation rate for students concentrating in CTE programs is 93 percent compared to average national freshman graduation rate of 80 percent. And again, I would point out that FCPSs are far higher than that. Travis County Public Schools CTE program is offered in every middle and high school.

[02:18:07] The programs include business and information technology, family and consumer sciences, health and medical services, technology education and engineering, and trade and industrial education. Within these programs, students also receive industry credentials and learn the technical skills of many occupations while preparing for higher education or entry-level employment.

[02:18:27] All FCPS CTE programs incorporate workplace readiness and set students up to be confident and professional in their chosen field. Career and Technical Student Organizations, or CTSOs, also play a role in enhancing students' learning through leadership, personal development, and real-world application.

[02:18:49] Through competitive events and programs hosted, students get the opportunity to gain the skills necessary to succeed in those careers, as well as network with business and industry partners. FCPS offers many CTSOs so students can join and grow in their careers.

[02:19:06] Therefore, Mr. Chairman, without objection, we ask that we recognize February as Career and Technical Education Month in Fairfax County and prepare a proclamation with all our signatures to be presented to the Fairfax County Public Schools Career and Technical Education Department leadership in the boardroom on February 6, 2024.

[02:19:24] And without objection, that is so ordered. Supervisor Smith. yeah I can't let this pass without thanking Supervisor Stork for his foresight when he was on the school board because the school system used to pay for the kids to take the PSAT test and Supervisor Stork suggested that the credentialing with the testing the kids had to get the school system should look at paying for that too and I think that's important especially in this world when we need to work on more work fast so thank you for doing that many years ago. Thank you, Vice Chair Smith. And I also want to thank my colleagues in particular,

[02:20:02] former school board members, Supervisor Palachuk and Vice Chair Smith, for your service to the schools. And I know we all have spent maybe countless hours, hundreds, thousands of hours on these issues. And we know that we offer some of the best programs in the country right here in Federalist County. And we know there's a lot more besides that. I mean, there's clearly adult programs, which I appreciate Supervisor Lusk and the WISH Center and the work that it does.

[02:20:27] And there's many other areas that we can continue to grow our career technical education programs. And the last written board matter I have is a proclamation recognizing the Pohick Church on its 250th anniversary. I'm not going to read all of this because it's fairly long, and I'm doing this jointly with Chairman Jeff McKay.

[02:20:48] When traveling north on Richmond Highway from Lorton, you can find a great deal of history tucked right next to Fort Belvoir at the edge of Mason Neck, celebrating its 250th anniversary this year. Pohick Church has been an active spiritual home of many of our nation's founders as well as present-day community members.

[02:21:06] Rightly called the Mother Church of Northern Virginia, Pohick was the first permanent church in the colony to be established north of the Occoquan River sometime prior to 1724. The existing building was completed in 1774, just before the outbreak of the Revolutionary War.

[02:21:23] Vestrymen George Washington, George Mason, and George William Fairfax supervised the construction and along with other wealthy landowners of the parish purchased and to this day still have family pew boxes. Listed in the National Register of Historic Places and bearing historical significance as an elegant specimen of Georgian-style architecture reflecting its colonial era origins, the public church is rich in our nation's history.

[02:21:51] During the War of 1812, oral tradition recounts that the British raided the church because of its association with George Washington. Hohick was periodically abandoned in the early 19th century and fell into disrepair. The community again banded together for the reconstruction of General Washington's church.

[02:22:08] Among the contributors to this renovation were President Martin Van Buren, former President John Quincy Adams, Daniel Webster, Henry Clay, and Francis Scott Key. Not a bad contribution group, was it? Tragically, a mere 21 years after this reconstruction, the Civil War brought new devastation when occupying Union forces stripped the building's interior for souvenirs of Washington's church and used its worship space as a stable.

[02:22:40] Soldiers scrawled their names on the inside walls, carved graffiti into the doorposts, and pockmarked the exterior with bullet holes. The outside markings can still be viewed today. Bohick then became a Union observation post with the famous aeronaut, Professor Thaddeus S.C. Lowe, looking down at Confederate movements from his balloon, which soared 1,000 to 2,000 feet above the church courtyard.

[02:23:06] It's really the first. Following the Civil War, services resumed in 1874, and the major restoration of its colonial interior began in 1890, thanks to the generous contributions of its congregation, the Mount Vernon Chapter of the Daughters of the American Revolution, and the Mount Vernon Ladies' Association, among many others.

[02:23:25] Over the years, Pohick's unique history has drawn our nation's leaders to visit the church for special services and commemorations, including President Rutherford B. Hayes, as well as President Warren Harding. Pohick's church stands as a testament to the collective endeavors of noteworthy individuals, including George Washington, acknowledged as the father of our country, George Mason, contributed to the Virginia Constitution and the father of the Bill of Rights, and other local tradespeople and business owners, as well as numerous enslaved African Americans in whose commemoration of their contributions, the church immortalized their names in bronze in 2023,

[02:24:03] serving as a lasting reminder. With its history spanning four centuries, Poetic continues to inspire visitors from around the world, inviting all to come and explore the rich spiritual heritage that so many have experienced over the years. Located next to Fort Belvoir, Pohic Church plays a significant role as a spiritual haven and welcoming community for all active military veterans and their families.

[02:24:29] Pohic holds many community events throughout the year from its annual fall fair to vacation Bible school and more. In celebration of the 250th anniversary, Pohic Church will hold semi-quincentennial events throughout 2024. Therefore, Mr. Chairman, without objection, I ask that a proclamation be prepared with your and my signatures to be presented to Pohik Church leadership in the boardroom on February 6, 2024, for the 250th anniversary of its 1774 church building and for its centuries long contributions to our community, American history, and for carrying forward the spiritual legacy of its founders to current and future generations.

[02:25:10] And without objection, that is so ordered. And looking at Mr. Castrilli, we have that on February 6th already. Tony Castrilli, Director of Public Affairs. Yes, we've already connected with Supervisor Stork's office on that. Excellent, excellent. 250 years. We don't get those every day.

[02:25:27] So that is very, very impressive, Supervisor Stork. And take a look. It's right on Richmond Highway. You can see it pretty easily. It is a beautiful church. I passed out, or you all, each of you should have gotten a, I call this purple, but I'm sure I'll be corrected if that's not really the right color.

[02:25:43] But there's a pen there with the 250 on it and obviously with information on the different events that the public church is using to celebrate their jubilee. I have two more just mentions that I want to make.

[02:25:58] First and foremost, Mr. Chairman, I could not not mention something that was kind of you identified, but I really want to acknowledge the decades-long efforts and conversations not only that you and I have had but our predecessors have had, to try to bring more clerk of court services to at least the Richmond Highway area.

[02:26:21] And for Chris Falcone to step up and be willing to move forward on some of those services is a huge opportunity for us. And I know we're at the beginning part of that process, but I'm confident there is workspace available and that we could make a significant difference in the lives of our residents by providing those services.

[02:26:42] frankly closer to where they live and work so thank you and then as a last point um we are as we talked at the beginning of the meeting our foreign rescue department does some amazing work and this is fairly unique work because because of the cold weather we've had recently um there was two two individuals were stranded in a duck boat uh duck hunting boat that was occupied on on belmont bay they were unable to get the motor started and were surrounded by ice The units that responded quickly determined the cold weather conditions and ice in the river posed response challenges.

[02:27:19] Because the water was extremely shallow with ice conditions, it made it difficult for boats to access it. One of Fairfax County's smaller boats was able to navigate the shallow areas to access the stranded boat and remove the occupant, and ultimately to make sure that they were safe, they double anchored the boat.

[02:27:36] But it's just another example of, if you will, the Fairfax Navy making a difference in the lives of our residents. And in this case, really saving them, I'm sure, from a very uncomfortable night, if nothing else. So thank you, Mr. Chairman. Thank you very much. Supervisor Stork.

[02:27:53] And next up is Supervisor Palczyk. Thank you, Mr. Chairman, and Happy New Year to all. And welcome. I'm very excited about our two new colleagues. While we did not get more women on the board, we've got some young kids for our Kids Caucus here.

[02:28:08] So very excited that you are joining us. I have two board matters. Also, history, while not 250 years, it is Oakton Week this week in Providence District, and I'm very excited to share 100 years apart with Oakton itself.

[02:28:27] Myself, born in 1983, Oakton in 1883, the 141st birthday of Oakton. Members of the board, the area now known as Oakton, celebrates its 141st birthday this year. Previously known as Flint Hill, the United States Postal Service refused to establish a post office with that name because one already existed in Rappahanna County.

[02:28:51] Resident and first postmaster Squire Ernest Smith proposed Oak's Corner after the large oak trees that marked the area, and the government opted to go with a shorter name. On January 24, 1883, the area christened Oakton with the establishment of its first post office near Route 123 and Hunter Mill Road.

[02:29:12] I think many of you know the Oakton Post Office. Oakton was an area dominated by horse farms. At the turn of the 20th century, a trolley line was introduced that resulted in population growth, additional transit options, and new development in surrounding communities. Does any of that sound familiar?

[02:29:29] Since then, communities and organizations, including, but not limited to, the Hunter Mill Defense League, the Oakton Women's Club, Options for Oakton, and Save Blake Lane Park have worked together with the Providence Supervisor's Office to achieve community priorities, including the construction of the Oakton Library, the establishment and beautification of Oakton's parks, improvement of pedestrian safety, and saving the last remaining Oakton Witness Tree.

[02:29:58] Meanwhile, the Vail Club, Friends of the Oakton Library, and other groups have helped create a community spirit. And I would add, in addition to that, many of the local businesses and schools have played a huge part in this as well. The Greater Oakton Community Association is continuing the work of helping arrange programs benefiting residents, promoting civic engagement, advocating for improvement, and striving to preserve the area's historic and environmental assets. In addition to the many local events held in Oakton's parks and community spaces, community groups and passionately engaged residents have always worked closely with the Providence District in a partnership that is

[02:30:36] a model for community-driven governance. Therefore, I move without objection that a resolution be prepared to recognize Oakton's 141st birthday and be presented at the Providence District New Year Open House on January 24, 2024. And without objection, that is so ordered, it will not say it was 109 years behind the Bohick Church. History is history. Supervisor Palczyk.

[02:31:04] Good. Thank you, Mr. Chairman. And I will talk more about the open house. I know you'll be joining us for that as well. My next board matter, also a really fun one, is a joint board matter with Supervisor Smith, Alcorn, and Bierman, because I know he was as excited as I was about this, for Oakton High School.

[02:31:21] Rock on. Yeah, Oakton High School's marching band winning Metallica's inaugural marching band competition as a former third bass drum and the drum line. I'm very excited about this. On April 2023, the heavy metal band Metallica launched its inaugural for whom the band pulls contests challenging college and high school marching bands across the country to incorporate Metallica songs into their shows. Bands were expected to craft the most exciting, unique, and impressive performances of Metallica's music. The Oakton High School Marching Cougars won first place in the small high school division and will receive $15,000 worth of musical instruments and

[02:31:59] equipment. The band began rehearsals in July and practiced three days a week. Its choreographed performance called Parade to Black features a medley of Metallica songs including The Unforgiven, For Whom the Bell Tolls, Turn the Page, and Enter Sandman. With over 450 submissions from college and high school bands, Oakton High School's win landed them in the top five bands in the competition.

[02:32:23] We are so proud of the Oakton Marching Cougars' extraordinary creativity and passion for the performing arts that resulted in this achievement, I can say you can definitely Google it and find their show on YouTube. Even if you're not a Metallica fan, it is quite impressive.

[02:32:39] They're a perfect representation of Fairfax County's and the Providence District's commitment to the arts and the unique ways we showcase our talents. They inspire our community to pursue our own arts passions at every community. I also want to add that teachers who wrote and helped create the show, our music instructors in Fairfax County, are absolutely the best.

[02:32:59] Therefore, I move without objection that a resolution be prepared and presented to the Oakton High School Marching Cougars inside or outside the boardroom to celebrate and recognize their win in the inaugural For Whom the Band Tolls competition. And without objection, that is so ordered, Supervisor Poucher.

[02:33:15] Thank you, Mr. Chairman. The final one, just informal, we're so excited to be able to do these in person again and that you'll be joining us for the Providence District's New Year Open House. I invite you to join us this Wednesday at 5.30 p.m., that's tomorrow, to 7 p.m. at the newly renamed Jim Scott Community Center, 301 Vaden Drive. You will meet our team. You will meet our boards and commissions and authorities. We'll have snacks from the Davis Career Center, as well as

[02:33:48] refreshments, and a viola performance by the talented Dr. Aslee Goltekin-Ocek. We do have, And hopefully you don't need to use the snow date on February 13th. But you never know these days. And to that, if you have any questions, please feel free to reach out.

[02:34:05] Providence at FairfaxCounty.gov. Very excited to be enjoying and celebrating some time together in the community. Looking forward to joining you. Thank you, Supervisor Palczyk. Thank you. That is all, Mr. Chairman. Excellent. Supervisor Herity. Yes, Mr. Chairman.

[02:34:21] I've got two written and one unwritten board matter. start with the Lake Braddock Rifle Championship. The Lake Braddock Secondary School's rifle team participated in the USA Shooting Virginia Junior Olympic State Championships this past weekend for the first time in the school's history. And Bruin is the state champion. Diane Leppert defeated 80 other competitors from around the state with the highest overall score. She will continue on to represent Virginia at the 2024 Junior Olympics in Colorado this upcoming April. Diana follows in the steps of her sister, Victoria, who won the national title last year at the Junior Olympic Championships in Women's Air Rifle.

[02:35:01] It's the only time in history that reigning national champion and the state champion are from the same family in the same year. Therefore, Mr. Chairman, jointly with Supervisor Walkinshaw, I ask without objection, we prepare a resolution recognizing Diana and Victoria Leppert and the Lake Braddock Bruins for their performance at the USA Shooting Virginia Junior Olympic State Championships this year and the Junior Olympic Championships last year to be presented before the board at the appropriate date along with other high school championships for a winter 23-24 season.

[02:35:33] And without objection, that is so ordered, Supervisor Herity. Mr. Chairman, as you know, my office in the Fairfax County Public Schools have sponsored and hosted very successful teen job fairs and career building workshops for the past seven years along with businesses, community organizations, including our local chambers.

[02:35:52] these events focus on students and young job seekers looking for a variety of employment opportunities, full-time, after-school, seasonal positions, internship opportunities, and volunteer positions. The fairs have provided thousands of teenagers the opportunity to get in front of employers and for our employers to find talented Fairfax County students to fill their positions.

[02:36:13] Even during the pandemic, we were able to host two virtual fairs that were successful. Last year, We had over 1,500 students and roughly 100 businesses participate. This year, I'm excited to team up with Fairfax County Public Schools as well as local chambers and organizations to bring our community to Fairfax County Teen Job Fairs and Career Building Workshops once again.

[02:36:36] They will run on two Saturdays in March. The fairs will be open to all teens in Fairfax County looking for opportunities, tips on building their resume. Free table space will be provided for registered businesses and organizations to advertise their available positions. We'll also host resume and career building sessions with our Chamber of Commerce partners.

[02:36:56] Beginning today, January 23rd, both students as well as employers may register to attend by visiting the link, which is on the Springfield website backslash teenjobfares altogether. First jobs are important, and these events help connect teens with employers to prepare our youth for the workforce.

[02:37:19] Therefore, Mr. Chair, and they will be on March 2nd at Chantilly High School and March 9th at West Springfield High School from 11 to 1. Mr. Chairman, I ask without objection that the Office of Public Affairs help publicize the 2024 Fairfax County Teen Job and Opportunity Affairs.

[02:37:39] And I forgot to mention, school board member Sandy Anderson will be joining us at many of these as well. And without objection, that is so ordered, Supervisor Herdy. So I've got one unannounced that I will do jointly with Supervisor Paul Cech if she wants to after I'm finished.

[02:37:57] The Birk Lake Golf Center and Oakmont Golf Center ranges were once again recognized among America's top 50 public ranges by Golf Magazine. Golf Range Magazine is a publication of the Golf Range Association of America and the Professional Golf Association.

[02:38:15] Each year, they recognize the best-in-class teaching professionals, public, private, and standalone ranges. GRA celebrates facilities and introduced the game of golf to new golfers while retaining and inspiring golfers throughout player development, programming, customer engagement, and community outreach.

[02:38:36] So once again, these two were named top 50 in the U.S., which is a pretty good accomplishment. So I just want to pass along congrats to the Park Authority on the recognition. Thank you, Supervisor Herdy. And that is all.

[02:38:53] All right. We are going to move on to our administrative items. And let me ask Supervisor Smith, is there a motion to approve admin items 1 through 11? I move approval of admin items 1 through 11. I'm happy to second that. Are there any items, admin items, that board members have questions about or would like to pull for a separate vote?

[02:39:14] Seeing and hearing none, all those in favor of admin items 1 through 11, please say aye. Aye. Any opposed? Any abstentions? That motion carries. We're now going to move to action items. Action item number one, approval of the Board of Supervisors' regular meeting schedule for calendar year 2024 an authorization for the chairman to postpone a scheduled meeting in the event of weather or other hazardous conditions. Supervisor Smith. I move approval of the agenda item. And the chair and Supervisor Pouchik's happy to second that. Any discussion on action item one? Seeing and

[02:39:50] hearing none. All those in favor, please say aye. Aye. Any opposed? Any abstentions? That motion carries. Action two is approval of vacation of a parking reduction for Commonwealth Center multi-family development in the Sully District. Supervisor Smith. I move approval of the county executive's recommendation. Heard the motion. I'm happy to second that along with Supervisor Pouchik. Any discussion on action two? Seeing and hearing none. All those in favor of action two, please say aye. Aye. Any opposed? Any abstentions? That motion carries. Action item number three

[02:40:25] is approval of a memorandum of understanding and cost reimbursement agreement between the Fairfax County Police Department and the Federal Bureau of Investigation, Washington, D.C. Metro Safe Streets Task Force Supervisor Lust, Chair of our Public Safety Committee.

[02:40:41] Thank you, Mr. Chairman. I move approval of action item number three that recommends the Board's approval of an MOU and cost reimbursement agreement between the Fairfax County Police Department and the Federal Bureau of Investigation D.C. Metro Safe Streets Task Force in supporting the regional effort towards intervention and suppression of trafficking in narcotics and dangerous drugs. So moved, Mr. Chairman.

[02:41:03] You've heard the motion. I'm happy to second that motion. Is there any further discussion? Seeing and hearing none. All those in favor of action three, please say aye. Aye. Any opposed? Any abstentions? That motion carries. Action four is approval of a master credit agreement and revolving line of credit. Supervisor Smith.

[02:41:25] I move approval of the county executive's recommendation. chair is happy to second that uh any discussion any discussion seeing and hearing none all those in favor of action four please say aye aye any opposed any abstentions that motion carries action item number five approval of project agreements between the virginia department of rail and public transportation drpt and fairfax county for fiscal year fy 2024 transit assistance grant and grant funds and of course this is county-wide uh chair of our transportation

[02:42:02] committee supervisor beerman i move approval of the project consistent with the county executive's recommendation you've heard the motion the chair is happy to second that along with supervisor alcorn any further discussion mr chairman yes supervisor alcorn oh uh did you have something from here um supervisor yeah thank you i support this motion i would ask there are a number of different longer haul commuter routes that we have in fairfax county and over the years there have been various programs to reduce the fares on those some of them have come and gone i think

[02:42:40] would be really helpful for us to see over the last few years the list of affairs and what has been uh what has been done in terms of reductions what fares are being reduced now for these longer haul routes and then any plans for the future just to make sure that the board's on top of all that okay excellent uh thank you supervisor alcorn any further discussion seeing and hearing none all those in favor of action five please say aye aye any opposed any abstentions that motion carries action six is approval and authorization to execute a project administration agreement

[02:43:20] with the Virginia Department of Transportation for the Braddock Road Multimodal Phase 1 Project, Southampton Drive to Ravensworth Road in the Braddock and Mason Districts. Supervisor Alcorn? I'm sorry, Supervisor Walkinshaw, do you have a motion?

[02:43:36] Yeah, thank you, Mr. Chairman. I move approval of the county executive's recommendation on Action Item No. 6. You've heard the motion. I'm happy to second that. Any further discussion? Seeing and hearing none. Mr. Chairman, sir. Yes, Supervisor Walkinshaw.

[02:43:51] Thank you. Yeah, just wanted to note on this, this is obviously an important step in the project. We are still working with VDOT to finalize the design. In fact, I'm hopeful that they will schedule shortly the community meeting, the public hearing, to discuss the final design with the community.

[02:44:10] There are some design elements that are referenced in the board package that are all still subject to, you know, that final design approval from VDOT. us. So this is an important step, but I just want to clarify that this action does not finalize the design elements of the project. Thank you, Mr. Chairman. Very good. Thank you for that clarification. Any further discussion? All those in favor of action six, please say aye. Aye. Any opposed? Any abstentions? That motion carries. Action item number seven is approval of Fairfax

[02:44:48] connector spring 2024 service changes supervisor beerman i move uh approval of fairfax connector spring 2024 service changes as recommended by the county executive you've heard the motion um it's been seconded by myself and supervisor palchek any further discussion yes supervisor palchek mr chairman i first of all i want to say because staff are here i want to thank them the outreach, the engagement, and the research they have done on these.

[02:45:19] It's just incredible, and I hope we will highlight that and I know continue to communicate that moving forward. I'm especially excited about here, and hopefully there's a plan on the timing and outreach on this. The brand new route, 798, Tyson's to Bethesda, there has not been a buzz route in a very long time.

[02:45:39] And I would love to hear, but I believe it is partially or fully funded by the 495 NEXT project. We'd love updates on that, as that was discussed today, as well as the other new routes, many of them listed on here.

[02:45:55] So I guess my one question really is the next steps that could be clarified on the timing for these routes, as well as the outreach and engagement plan, because many still have not heard or do not know that these are coming this year. Question for staff?

[02:46:11] Yes, I'm Michael Falchow. Thank you, Supervisor Palchak. Route 798 going to Bethesda is part of this service plan. We have funding, and funding agreement is underway. We'll be getting that implemented in April. The first phase of that will be 20-minute service in a direction of the congestion.

[02:46:35] And then the second phase, if funding becomes available within the next two years, we will do an improvement to 15-minute service bi-directional. The buses have already been ordered and are being manufactured, and drivers should be trained within the next 90 days.

[02:46:55] Excellent. And I guess, Charlie, is April the date for all of these changes? We're looking at April 13th. Thank you very much. Look forward to the communication so that we can also share it out to our communities. Thank you very much.

[02:47:10] any further discussion seeing and hearing none all those in favor of action 7 please say aye aye any opposed any abstentions that motion carries finally action item 8 is approval of supplemental appropriation resolution as 24080 to accept grant funding and authorization to execute a standard project agreement with the northern virginia transportation commission and the potomac Rappahannock Transportation Commission for the Richmond Highway Bus Rapid Transit Project.

[02:47:41] Again, this affects Franconia and Mount Vernon District. Do we have a motion, Supervisor Lusk? Sure, Mr. Chairman. I move the county executive's recommendation for Action 8 to accept funding from NVTC and PRTC in the amount of $10 million for the Richmond Highway BRT Project.

[02:48:01] And that's seconded by myself and by Supervisor Stork. Any discussion on Action 8? Seeing and hearing none, all those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions? And that motion carries, and that brings us to closed session.

[02:48:20] And let me ask first, before we make a motion on closed session, let me ask the county attorney how long we need for closed session. Mr. Chairman, I estimate approximately 45 minutes. 45 minutes, so that means we would need to be back here to report in closed session at 2.45.

[02:48:39] not a minute later we have the very exciting annual meeting at Fairfax County Solid Waste Authority which will begin promptly at 3:30 as our first act after closed session and so getting ready to turn to my colleague for a motion but should this motion pass so we're clear the board will report into closed session at exactly 2:45 so that we can begin our public hearings a lot of speakers this evening. We want to make sure that we stay on time. So with that, let me ask

[02:49:16] Supervisor Smith if she has a motion. I do. Mr. Chairman, I move that the Board of Supervisors recess and go into closed session for discussion and consideration of matters enumerated in Virginia Code Section 2.2-3711 and listed in the attached agenda for this meeting. And in addition, as permitted by Virginia Code section 2.2-3711A7 and 8, legal analysis regarding the following. One, pending Compass Creek annexation proceeding between the town of Leesburg and Loudoun County. And two, NS Reston LLC versus the Fairfax County Board of Supervisors. Fairfax

[02:49:54] county circuit course circuit course case number cl 2019-15831 heard the motion i'm happy to second that motion is there any discussion on the motion seeing and hearing none all those in favor please say aye aye any opposed any abstentions that motion carries uh i'm sorry supervisor smith i just want to announce a deferral for this afternoon yeah if anyone knows they're deferring any of the afternoon cases and want to announce that now so that we can notify the public. Supervisor Smith. So I intend to defer the

[02:50:30] case at 4 o'clock for the public hearing on the acquisition of certain land rights necessary for the construction of Pleasant Valley Road shared use path. And that is a 4 o'clock item to the very first 4 o'clock item. Right. And we would move that to February 20th at 4 o'clock.

[02:50:52] Okay. Any other deferrals for this afternoon that need to be announced? Okay. Seeing and hearing none, we voted to go into closed session. So what we are going to do is recess for lunch. It is now 1225. We will report into closed session. Meeting room at 245.

[02:51:20] Okay, the board is returning from closed session, and at this time I am going to ask Supervisor

[02:54:11] Smith if she has a motion to bring us out of closed session. Mr. Chairman, I move that the Board of Supervisors certify that, to the best of each member's knowledge, only public business matters lawfully exempted from the open meeting requirements by virtue of Virginia Code Section 2.2-3711, and only such public business matters as were identified in the motion by which closed session was convened were heard, discussed, or considered by the board of supervisors during the closed meeting it's been seconded by supervisor pal check any discussion on the motion seeing and hearing none all those in favor of the motion

[02:54:47] please say aye aye any opposed any abstentions that motion carries and i believe there are no items coming out of closed session so at this point we are going to move on to our afternoon public hearings our first public hearing is the always exciting annual meeting of the fairfax County Solid Waste Authority. And this is a once a year activity. And so at this time, let me ask, well, first let me call the meeting to order and entertain a motion to appoint the slate of officers as it appears in our board package. Yes, Supervisor Smith. I move approval

[02:55:26] of the officers and officials listed in attachment one of the agenda item. Second. We've heard the motion. It's been seconded by Supervisor Alcorn. Any discussion? Seeing and hearing none. All those in favor of the motion please say aye aye any abstention anyone opposed any abstentions that motion carries hopefully everyone's had a chance to read over the minutes from last year dated January 24th 2023 is there a motion for approval Mr. Chairman I move approval of the minutes from the January 24 2023 meeting been moved and seconded by Supervisor Alcorn any discussion

[02:56:02] any discussion seeing and hearing none all those in favor of the motion please say aye aye Aye. Any opposed? Any abstentions? That motion carries. Moving on to approval of the financial statement of the authority. Is there a motion for approval? Mr. Chairman, I move approval of the financial statements in attachment three. Second. Heard the motion. It's been multiply seconded by Supervisor Alcorn, Supervisor Palchuk. Any discussion on the motion? Seeing and hearing none. All those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions?

[02:56:39] that motion carries finally this takes us to the end of our agenda and I would entertain a motion to adjourn Mr. Chairman I move that we adjourn the meeting of the Fairfax County Solid Waste Authority you've heard the motion it's been seconded by Supervisor Palchek any discussion very efficient is all I will say seeing no discussion all those in favor of the motion please say aye aye any opposed any abstentions that motion carries thank you very much we are now going to move on to the rest of our public hearings. And as a reminder for folks in the auditorium, individuals wishing to provide testimony have a number of options. They can

[02:57:18] testify here in person or they can provide testimony by phone or by YouTube video. At the designated point in the public hearing, I will call for any speakers from the speakers list and they will either come forward or their video will be shown or they will be connected by telephone. There will then be an opportunity for anyone else who would like to speak to the application to come down to the podium or to call in on a number that will be provided on the screen.

[02:57:44] Speakers testifying by video must have signed up and submitted their video no later than 9 a.m. on the day prior to the hearing. For all testimony, you're given three minutes to speak as an individual. If you're a spokesperson for a group, you are given five minutes. With that being said, the first three public hearings on our agenda this afternoon were originally heard at the board's last meeting on December 5th, 2023. There was a glitch with the broadcast of the meeting and we're conducting a second hearing on these items today as a courtesy. All testimony heard

[02:58:20] and received at the December 5th, 2023 public hearings will be and has been incorporated into the record of the public hearings today on these matters. So again, we're doing this as a courtesy since there was a glitch. The glitch was that the phone number that was to be listed on the screen was not on the screen at the time it was said to be listed so our first public hearing is a public hearing to validate and convey property at the fairfax county government center to the fairfax county redevelopment and housing authority in the braddock district and i would recognize county staff for a staff presentation good afternoon mr chairman tom fleetwood with the department of

[02:58:59] housing and community development uh just very briefly as you stated this is a second public hearing on the reconveyance of the government center property to the redevelopment housing authority we're anticipating that the project will result in 275 net new affordable units delivered here in the front parking lot of the government center property happy to answer any questions thank you mr chairman thank you mr fleetwood are there any questions of staff any questions of staff seeing and hearing none this is a public hearing and i do not have anyone signed up in

[02:59:39] advance to testify on this matter is there anyone here in the auditorium who would like to speak anyone here who would like to testify on this matter seeing and hearing none let me ask the clerk if anyone has called in no callers have called in any closing comments or recommendation further from county staff. No closing comments Mr. Chairman. Okay last call questions from board members. Seeing and hearing not I will now close the public hearing and recognize Supervisor Walkinshaw for a motion. Thank you Mr. Chairman. I move that the board approve the resolution as

[03:00:15] attached to the item and authorize county staff to prepare and execute all documentation necessary to convey the property at the Fairfax County Government Center and generally identified as parking lots g and h on tax map parcel 56-1 double circle 15 parcel 14b to the fairfax county redevelopment and housing authority if the fcrha no longer pursues the project the fcrha will transfer ownership of the property back to the board so moved second you've heard the motion it's been multiply seconded uh any discussion on the motion seeing and hearing none all those in

[03:00:52] favor of the motion please say aye aye aye any opposed parity nay any abstentions and that motion carries nine to one uh supervisor harry voting nay uh that brings us to our next uh public hearing which is on a proposed amendment to chapter 122 tree conservation ordinance of the code of the county of fairfax virginia county code regarding tree commission charter and as soon as staff is

[03:01:18] ready i would appreciate staff presentation good afternoon mr chairman and members of the board for the record my name is john friedman representing the department of land development services chris harrington director of the department of public works and environmental services and brian caitley director of urban forest management and the staff liaison to the tree

[03:01:55] commission and daniel robinson with the county attorney's office are here with me this afternoon to respond to any of your questions for consideration this afternoon is an update to the tree commission charter the proposed changes to the charter formalized tree commission's ongoing participation in activities related to the board's natural landscaping policy the fairfax county tree action plan and the community of practice which is identified in the tree action plan that maintains and manages the urban forest the proposed changes to the charter would also allow the tree commission

[03:02:33] to review and comment at its discretion on select actions being considered by the planning commission and other public bodies and agencies that may impact the urban forest finally of note the proposed changes remove a barrier to broader citizen participation on the tree commission by eliminating the requirement for citizen members to have some knowledge and experience in the field of aboric culture or related fields representatives from participating agencies provide the necessary technical expertise for the commission to fulfill its mission these changes

[03:03:09] have been requested by the tree commission and were initiated by the board with a board matter on march 23rd 2023 the proposed amendment has been recommended for approval by the planning commission that concludes my presentation thank you very much any questions of staff any questions of staff seeing and hearing none this is a public hearing i have no speakers who have signed up in advance is there anyone here present in the auditorium who would like to speak on this matter this is a public hearing anyone who would like to testify seeing and hearing no one let me ask the clerk if anyone has called in thank you uh closing comments and a recommendation from county staff

[03:03:48] no closing comments county staff recommends they fall that the board follow the recommendation of the planning commission and approve the changes to the tree commission charter thank you uh last call any questions from the board seeing and hearing none i will now close the public hearing uh and i would recognize supervisor smith for a motion thank you mr chairman i move that the board adopt the proposed amendment to chapter 122 free commission ordinance is recommended by the planning commission and set forth in the staff report dated september 26 2023 and that the

[03:04:25] amendment become effective effective at 1201 a.m on january 24 2024 you've heard the motion it's been multiply seconded all those in favor of the motion please say aye aye any opposed any abstentions uh that motion carries uh nine to zero supervisor herity being out of the auditorium and that brings us on to our next public hearing uh public hearing to enter into an agreement with the northern virginia soil and water conservation district for fund administration and if staff

[03:04:57] could come on down and give us a presentation good afternoon chairman mckay members of the board I am Joni Kombacher with the Stormwater Planning Division, Department of Public Works and Environmental Services.

[03:05:26] Also with me are Ellie Cotting and Paul Reynolds, also with the Department of Public Works, Daniel Robinson with the County Attorney's Office, and Willie Wood, Executive Director of the Northern Virginia Soil and Water Conservation District. For your consideration this afternoon is for the county to enter into an agreement with Northern Virginia Soil and Water Conservation District to implement grant programs under the Stormwater Management Fund. The Stormwater Management Fund is identified in Appendix O of the Code of the County of Fairfax, Virginia, as amended on September 13, 2023. Through the

[03:06:01] agreement, Northern Virginia Soil and Water Conservation District will administer the local stormwater assistance program to include the private stormwater management facility and flood mitigation assistance grant programs. These programs will allow the county to grant financial assistance to an owner of private property or a common interest community for stormwater management and erosion prevention on previously developed lands under the authority of section 15.2-2114.01 of the code of virginia grants from the fund may be used only for the construction

[03:06:39] improvement or repair of a stormwater management facility erosion and sediment control or flood mitigation and protection measures that are part of a comprehensive flood mitigation and protection plan adopted by the county this concludes my presentation thank you thank you very much are there any questions of staff at this time any questions of staff seeing and hearing none this is a public hearing and i have no speakers who have signed up in advance to testify on this matter this is a public hearing is there anyone present in the auditorium that would like to speak on this matter anyone present who would like to testify seeing and hearing no one let me ask

[03:07:18] the clerk if anyone has called in no callers closing comments and recommendation from county staff no closing comments and staff recommends that the board approve entering into the agreement thank you very much last call for questions seeing and hearing none i will now close the public hearing and recognize supervisor walkinshaw for a motion our environmental chair thank you Thank you, Mr. Chairman, that the Board enter into an agreement with the Soil and Water Conservation District

[03:07:54] for administration of the Water Conservation Fund. You've heard the motion, discussion on the motion, seconded by Supervisor Jimenez. Discussion? Any discussion on the motion? Seeing and hearing none, all those in favor of the motion, please say aye.

[03:08:13] Aye. Any opposed? Any abstentions? and that motion carries thank you very much next up we have a public hearing on sc 2022-hm-00035 carla s marty and carla's daycare llc in the hunter mill district and if we could get a staff presentation good afternoon excuse me this is uh suzanne wright with the department planning and

[03:08:48] development we have an affidavit for this ah we do have an affidavit okay uh you're right this is our first sc so let me ask uh if we could please have uh the applicant reaffirm the affidavit

[03:09:15] i'm sorry can you repeat that good afternoon board of supervisors and if you could just please reaffirm the affidavit for us and the date yes carla marty i'm the owner of carlos dacre llc and it was it's today uh and you're reaffirming the affidavit dated february 28th february 28th 2023 2023 excellent thank you very much are there any disclosures of board members any disclosures brand you and you all can have a seat thank you very much any disclosures of board members seeing and hearing no disclosures at this time i would recognize county staff for a staff presentation

[03:09:55] good afternoon mr chairman and members of the board i'm karen yee with the department of planning and development the subject property is located at 1307 deep run lane rest in virginia and is zoned prc the applicant is requesting a special exception to allow for a home daycare facility for up to 12 children and two non-residential employees the applicant was previously approved for a special permit in 2012 to permit a home daycare facility for up to 10 children and two non-residential employees and is currently operating under this special permit

[03:10:29] this slide shows the basement floor plan for the home daycare access is provided on the side of the dwelling at the rear of the property there is a 340 square foot play area which is screened by a six foot tall wood fence and that concludes staff presentation thank you very much are there any questions of staff any questions of staff seeing and hearing none at this time we would welcome a presentation by the applicant you don't have to give one but there's anything you want to to share with us at this time you can do that if you can come up to the microphone please thank you

[03:11:06] um i'll appreciate it if you look at my request to go up to 12 kits since i've been operating for almost 20 years in fairfax county great thank you very much thank you very much are there any questions of staff or the applicant seeing and hearing none this is a public hearing i have no speakers who have signed up in advance to testify on this matter this is a public hearing is there anyone present who would like to speak on this matter? Anyone present who would like to testify?

[03:11:33] Seeing and hearing no one, let me ask the clerk if anyone has called in. No one has called in. The applicant waives rebuttal. Closing comments and a recommendation from staff. On November 15, 2023, the Planning Commission recommended approval of SC-2022-HM-00035, subject to the proposed development conditions dated November 1, 2023. Staff concurs with the recommendation of approval. Thank you. Thank you very much. Last call, any questions from board members? Seeing and hearing none, I will now close the public hearing and recognize Supervisor Alcorn

[03:12:11] for a motion. Thank you very much, Mr. Chairman. If I could ask the applicant to come back up, and we need you to confirm, just for the record, you agree with the development conditions dated November 1st, 2023. Do you agree to those? Correct. Okay, thank you very much. Thank you. So, Mr.

[03:12:30] chairman i move that the board of supervisors approve sc 2022-hm-00035 subject to the development conditions dated november 1st 2023 second heard the motion it's been seconded by supervisor herity discussion on the motion any discussion on the motion seeing and hearing none all those in favor of the motion please say aye aye any opposed any abstentions and that motion carries Thank you very much. Our next public hearing is a public hearing on RZ 2023-PR-00009,

[03:13:10] Mays Boy, LLC, in the Providence District. And could the applicant please reaffirm the affidavit? Good afternoon, Mr. Chairman and Supervisors. My name is David Schneider with Holland and Knight and reaffirmed the affidavit dated January 5th, 2024. Thank you very much. Are there any disclosures from board members? Any disclosures? Seeing and hearing none, I would now recognize county staff for a staff presentation. Good afternoon, Mr. Chairman and members of the board.

[03:13:43] I'm Zach Fountain with the Department of Planning and Development. The applicant Mazeboy LLC seeks to rezone 2.6 acres from the C6 district to the C3 district to permit three development scenarios. The site is situated in the Merrifield Suburban Center north of Arlington Boulevard and east of executive park avenue it is developed with a two-story 32 000 square foot office building used as a veterinary hospital the surrounding sites north of arlington boulevard are developed with offices and a financial institution all zoned to the c3 district the site was originally developed

[03:14:22] in 1971 in accordance with c3 district regulations the site was later rezoned to the c6 district in 2004 to establish a veterinarian hospital, and the approval required the creation of outdoor recreational space for the employees and supplementary plantings to be installed along the frontage. Neither of these were improved by the applicant. The applicant proposes three development scenarios. Scenario one would retain the existing building to be used as a veterinarian hospital, office, and or a financial institution. The applicant has committed to deliver an open

[03:14:59] space area north of the existing building and install enhanced plantings along the frontage for all proposed development scenarios equivalent to or greater than the previous approved proffer commitment. Scenario two would allow an addition above the existing building within its existing footprint to also accommodate a veterinary hospital office and or financial institution.

[03:15:23] And scenario three would permit redevelopment of the site with an approximately 80,000 square of a building to accommodate an office hotel financial institution and or college or university this concludes my presentation thank you thank you very much at this time we'd welcome an applicant's presentation thank you mr chairman supervisors happy to be back before you in the new year welcome to new supervisor supervisor bierman supervisor vanis um i have a presentation but um knowing the agenda and the amount of speakers you have i'll be very brief and this

[03:15:58] was originally a by right c3 site it was rezoned in 2004 because it was vacant and the at the time the zoning ordinance did not allow veterinary hospital in the c3 district with the zmod now the c3 district allows veterinary hospital unlike an se there's no undo button or let it expire so we have to come back in the process our hope and you know they signed the lease it was a 20-year lease it leases up for renewal full building tenants are great if you can get them but scary when it comes up so we built in this application to have different scenarios to try to keep the

[03:16:33] tenant that if they want to stay in the existing condition it was a previous owner um that originally rezoned it so we'll bring it up to compliance and add some amenities as staff said if they need an expansion we built in an option for that if they leave and we have a 50 year old building built out to a very specific use it allows for redevelopment in one of our revitalization areas kind of calling this proactive revitalization that we had to come into the process so it might as well figure that out now with fully proffered development scenarios so with that happy to answer any questions and appreciate your support thank you thank you very much um at this time are there

[03:17:07] any questions of staff or the applicant any questions of staff or the applicant uh seeing and hearing none this is a public hearing and i have no one signed up in advance to testify is there anyone present in the auditorium that would like to speak on this matter this is a public hearing is there anyone present who would like to testify seeing and hearing no one let me ask the clerk has anyone called in no callers i assume the applicant waives rebuttal closing comments and a recommendation from county staff on december 14 2023 the planning commission recommended approval of the proposed rezoning application

[03:17:45] and the requested waivers and modification staff concurs with these recommendations thank you Thank you. Last call for questions from board members. Seeing and hearing none, I will now close the public hearing and recognize Supervisor Palczyk for a motion.

[03:18:01] Thank you, Mr. Chairman. Before reading my motion, I definitely want to thank Zach and the staff for their work on this. I know it was a little bit funny to see how the zoning changes have changed and therefore nothing is proposed at the time, but just bringing into account what many of us know, Pet Parents, VCA Southpaws, a great place for emergency medical veterinary services.

[03:18:26] And so I really appreciate the work on trying to understand how this site fits the surrounding area and better matching the zoning that is surrounding it. Before moving forward, I definitely hope that you're able to keep the tenants, But I appreciate that with the changes in office and retail, having that flexibility will be helpful.

[03:18:54] I am also especially helpful. This is one of the first sites I walked with a local resident to look at just how terrible the existing sidewalk is. So I appreciate very much that the applicant is proposing to rebuild and widen the existing public sidewalk to six feet width along the north side of Executive Park Drive.

[03:19:14] scenarios two and three to meet those connectivity goals and while we know there are some challenges around here with transportation there is nothing expected to change and did not meet the transportation and analysis or traffic impact analysis but we will continue to monitor this entire area if there are changes to the uses and then finally just want to state that all three scenarios would provide a minimum of 24% open space and so but this is a busy intersection at 50 on prosperity but we really appreciate that this little

[03:19:52] enclave does have that open space and that would continue to exist there so to that I have just two motions the first is I move that the Board of Supervisors approve rz 2023-pr-00009 subject to the proffers dated january 3rd 2024 and i further move that the board of supervisors approve the requested waivers and modifications contained in the handout dated december 14th 2023 you've heard the motion it's been multiply seconded uh any discussion on

[03:20:32] the motion seeing and hearing none all those in favor of the motion please say aye aye any opposed any abstentions and that motion carries thank you very much uh next we have a public hearing on pca cdpa 2011 dash dash hm dash 032 jbg tyson's hotel llc in the hunter mill district and could the applicant please reaffirm the affidavit thank you good afternoon mr chairman members of the

[03:21:08] of supervisors bob brant with the law firm of walsh collucci on behalf of the applicant i can reaffirm the affidavit dated january 11th 2024. thank you thank you very much uh disclosures from board members um i will disclose scott tressler of toll brothers inc made a donation in excess of a hundred dollars to the friends of jeff mckay any other disclosures any other disclosures seeing and hearing none i will now recognize county staff for a staff presentation thank you mr chairman i'm katie quinn with the department of planning and development and i'm joined by jeremy co with the department of transportation the subject applications are

[03:21:48] proposing to convert an existing hotel into a residential building and to modify a previously approved but unconstructed residential building the site is located within a half mile of the spring hill metro station and is currently developed with the now vacant sheraton hotel an existing parking garage and interim retail stores the property is planned for transit station and residential mixed uses the property is part of the previously approved tyson's west development

[03:22:23] the applicant is proposing to retain building e also known as sheraton but would convert the existing hotel rooms into 544 residential units the applicant is also proposing to reduce the size and footprint of building c additional site modifications have been proposed such as modifications to the on-site park spaces trail connections and streetscapes the applicant has proposed options to keep the existing building e architecture or to improve it with facade enhancements the images on the right show the architecture for proposed building c

[03:23:02] that concludes my presentation thank you thank you very much at this time we'd welcome an applicant's presentation thank you again mr chairman and thanks to miss quinn um and and staff for all of their their hard work on this application uh during the process um like like mr schneider before me i think miss quinn did an excellent job providing an overview of this application so i'll dispense with the full presentation but again want to thank her and her team and everyone at the staff for their work on this we covered a lot of ground during the processing of this application worked with staff through through a number of issues but i'm very

[03:23:39] pleased to be here with a recommendation of approval from staff and also a unanimous recommendation of approval from the planning commission as ms quinn mentioned this project is a unique project in that it involves the conversion of a fairly large hotel the sheraton hotel right at the entry to Tyson's on Route 7.

[03:23:57] We're proposing to preserve and adaptively reuse that whole hotel, convert it into a multifamily building with up to 544 units. Those units will be naturally occurring affordable units by virtue of the fact that the hotel will be preserved.

[03:24:14] All of the infrastructure, the existing conditions on the site, the parking garage will be preserved, resulting in a product type that is naturally more affordable than market rate developments. in addition to the conversion of building e the sheraton hotel there will be a new building building c will be constructed on site we are proposing some minor modifications to the building footprint and site design as part of this process but we're very happy to be moving forward with both of these buildings open space was a focus focal point of this application we worked with staff to really enhance the open space features on site there will be about three acres a little bit over three acres

[03:24:51] of publicly accessible urban park space as part of this project now. In addition to that, there will be nearly 40,000 square feet of outdoor private amenity space within the courtyards of the hotel and the new building, and so a very healthy blend of both public and private open space.

[03:25:07] And finally, on top of that, connectivity. Connectivity has been an important part of this application. The application will bring forward an extension of the Tyson's West Trail that runs along the Leesburg Pike frontage of the property. So there's a lot of benefits here. This is transit-oriented development at its finest density in Tyson's right on the doorstep of the metro station.

[03:25:28] There's a lot of great things here, and I think that this application has come a long way working with staff. So with that, I'll once again thank Ms. Quinn for her work on this application. I'm happy to answer any questions that you have. Thank you very much. Are there any questions of staff or the applicant?

[03:25:44] Any questions? Seeing and hearing none. This is a public hearing, and I have no one who has signed up in advance to testify on this matter. Is there anyone present in the auditorium that would like to testify on this subject? This is a public hearing. Anyone who would like to testify? Seeing and hearing no one, let me ask the clerk if anyone has called in.

[03:26:04] No one has called in. Assume the applicant waives rebuttal. Closing comments and a recommendation from county staff. Thank you. On December 14th, the Planning Commission recommended approval of the subject applications and the requested waivers and modifications, staff concurs with those recommendations.

[03:26:24] Thank you very much. At this time, if there are no questions of board members, I will close the public hearing and recognize Supervisor Alcorn for a motion. Thank you very much, Mr. Chairman. Before I make the motion, I do want to just thank a couple of people and make a couple of quick comments.

[03:26:42] First of all, I want to thank the applicant, and especially, he's not here, don't think jake luke who really stuck it out on this project in kind of a remarkable way but also county staff katie's did a great job and thank you all for everything pulling this together there's some things the applicant didn't mention that did create some challenges for this project boone boulevard is a big deal and it did take a little while to get everything worked out so that so that we know we can have boone boulevard connection here when we need it uh and that is

[03:27:19] a big deal for for this part of tyson's um also uh this is providing it wasn't mentioned i think by anybody but this is providing a different type of residential unit uh that's not available currently in this part of tyson's i mean these these are going to be small uh studios for the the most part uh at least in the conversion uh part of it and that that is a unit type that uh is not available anywhere near these numbers uh in the area so that that's that's that's good i think that'll that'll help provide some some new housing options uh at least market rate housing

[03:27:56] options for folks in the area um or who want to be in the area um and then lastly i'll just mention the you know the the ev charging commitment is i would say less than overwhelming uh but because this is this is not new construction this is not getting approval for new construction anything that hasn't been approved before and it's really conversion mostly this is a conversion of an existing uh facility i i don't think it's realistic to expect uh major improvements but i they just want to flag for the board this is something i think as a board we're going to have

[03:28:32] to push more particularly with new construction to have higher levels of ev ready commitments in order to to meet our ev goals that we have in ccap and otherwise so but overall this this has really come a long way and i really want to thank everybody that's been a part of this including the communities worked with the applicant on on a number of issues over the the last few months and i would say even a couple years at this point um so mr chairman with that i would move that the

[03:29:07] board of supervisors approve pca 2011-hm-032 subject to the executed proffers dated december 15 2023 cdpa 20 2011-hm-032 and approval and reaffirmation of the modifications and waivers listed in the handout dated December 14th, 2023. Second. You've heard the motion. It's been multiple seconded. Any discussion on the motion? Any discussion on the motion? Seeing and hearing none. All those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions?

[03:29:44] That motion carries. Thank you. Thank you. We are now on our last 3.30 public hearing, which is a public hearing on RZ 2023-PR-00002, Amir J. Philippour Trustee and Sharon V. Philippour Trustee in the Providence District, concurrent with SE 2023-PR-00004. And could we have the applicant please reaffirm the affidavit? Good afternoon, Chairman McKay and members of the board.

[03:30:21] I'm Mike Van Atta, land use planner at the law firm McGuire Woods in Tysons, Virginia. On behalf of the applicants, I reaffirmed the affidavit dated August 8th, 2023. Okay, thank you. Do we have any disclosures from board members? Any disclosures from board members? Seeing and hearing none, I will now recognize county staff for a staff presentation.

[03:30:41] Thank you, Mr. Chairman. I'm Kathy Lewis with the Zoning Evaluation Division here to present to you a concurrent rezoning and special exception in the Providence District. The site is surrounded on all sides by single-family detached dwellings, like the surrounding properties to the north of chainbridge road the subject site is planned for residential at a density of one to two dwelling units per acre parcel 23 includes the historic william h goldsmith house which was constructed in 1918 and is listed on the fairfax county inventory of historic sites

[03:31:14] parcel 17 is currently vacant the applicant seeks to rezone the 2.29 acre subject property from the R1 to the R2 district at a density of 1.31 dwelling units per acre. It should be noted that on October 29th, 1979, the abutting Oak Valley Court neighborhood was rezoned from the R1 to the R2 district at a density of 1.57 dwelling units per acre. The subject property retains the Goldsmith House and proposes the development of two new single-family detached dwellings. Access to the

[03:31:53] three lots would be provided via a single driveway from chain bridge road the applicant has proffered to dedicate right-of-way along the site frontage and to construct frontage improvements in addition to preserving and rehabilitating the goldsmith house the applicants have proffered to use it as a workforce dwelling unit the current special exception seeks to waive the lot width requirements for the proposed lots two and three with the preservation of the goldsmith house the addition of stormwater management systems to the site and the limitation on the amount of impervious surfaces

[03:32:31] staff finds that the proposal satisfies the zoning ordinance standards for lot width waivers this concludes my presentation thank you thank you very much at this time we'd welcome a presentation by the applicant good afternoon again i do have some quick remarks just to underscore a few unique attributes of this application that i think you'll find compelling and so while this application is fairly limited in scope we have worked very closely with all stakeholders to put forward an application package it carefully balances a number of objectives including historic preservation affordable housing environmental enhancements and neighborhood compatibility

[03:33:10] and as miss lewis correctly identified the comprehensive plan for this area recommends uh one to two residential one to two dwelling units per acre that includes this property and and the surrounding properties to the north, east and west. And I think it's worth noting again that Ms. Lewis highlighted that the majority of the surrounding neighborhoods have likewise developed in accordance with the comp plan with this R2 density.

[03:33:34] And so that's really what we're seeking here is to do, you know, build on that fabric. And so we're seeking rezoning to the R2 district and it's really to establish that same development pattern as our neighbors in accordance with the comprehensive plan. But what a few sort of interesting factors that you'll see with this application is that in addition to developing two new single-family homes, we have the opportunity to officially preserve and refurbish an existing historic home.

[03:34:02] And in addition, and perhaps more importantly, the applicants are also voluntarily reserving this historic home as a new WDU. And so it's important to reiterate that there are no affordable housing requirements that apply to this property, but the applicants are making requirements that there are no affordable housing requirements that apply for this scope of a zoning application, I should say.

[03:34:25] The applicants are making that commitment because they see the value of providing a new family-sized WDU in this high barrier area of the county, and again, within a newly refurbished historic home. Again, the overall development has been designed to clearly meet and exceed the standards for landscaping, stormwater management, energy efficiency, and noise mitigation, And with this significant affordability co-located with historic preservation, this application will provide meaningful benefits to the county in exchange for the modest request of one additional home in comparison to what could be constructed by Wright.

[03:34:59] So we are delighted to have a positive staff report as well as a recommendation of approval from the Planning Commission. And in closing, we'd like to thank Ms. Lewis for her hard work on this application and doing double duty as both the branch chief and the staff coordinator in this instance. thank you for consideration, and we respectfully ask for your approval. Thank you. Thank you very much. Are there any questions of staff or the applicant? Any questions? Seeing and hearing none, this is a public hearing. I do have one speaker who has signed up in advance to testify, Mel Peters, who is testifying by phone. Are we connected? Okay. Can you hear me okay? Yes, sir. Welcome,

[03:35:36] Mr. Peters. The floor is yours. Thank you, sir. Good afternoon, and I'm not sure if, Good afternoon, and hello, Board of Supervisors and the supporting representatives. My name is Mel Peters.

[03:35:54] I'm a homeowner and a resident on 9812 Oak Valley Court. First, I want to thank you for providing me and my neighbors the opportunity to speak on behalf of those in this area and speak to Board of Supervisors and the public on this zoning matter. Besides my views, I've been asked to represent the views and voices of over a dozen other residents and landowners that are opposed to the Board of Supervisors approving this application rezoning from R1 to R2 in this what is an infill or dense packing land development project.

[03:36:29] Besides myself and my wife and many other long-time residents in this area, particularly on Cambridge here, were alarmed at the rapid rate of infill and dense packing that has occurred in Fairfax County, again, particularly in this area of Cambridge. And we wish to have the character of this portion of Cambridge largely preserved from fundamentally Nutley down to Hunter Mill, but more specifically within Glen Oaks to Five Oaks.

[03:37:00] And though we are in a patchwork of R1, R2 properties, we have a substantial amount of R1, and this R1 property is a cornerstone of other R1 properties. And, Chairman, may I ask, do you have in front of you and the other members the diagram that I submitted, which is kind of a red-green diagram just for maybe saving 1,000 words?

[03:37:25] We do not have that, no. Okay. Well, I submitted that last night. It's a diagram. In short, let me just paint a quick picture, and I'll be brief about it. But, in short, this diagram shows the map that was attached to the application, and fundamentally, it shows this substantial amount of R1 properties.

[03:37:44] And the R1 properties, particularly across this portion of Chainbridge from Glen Oaks down to Five Oaks, and namely it shows that in green and in red, it shows the landowners that just some of the landowners initially polled that were opposed to this rezoning.

[03:38:03] And in short, we've only were notified really formally in October. So this has gone, even though this has been worked literally for years, we're only notified more recently. And the landowners, I'll say, that are opposed are twofold. One is the landowners that are exactly adjacent to this, the two right there on Chainbridge, are opposed to this, even by the pushing by Fairfax County and the request of the applicant.

[03:38:28] So the other landowners are not in favor. This is, if you look slightly to the east or right, 16, I think it's 16, 15, are the others. And then if you look at all the ones that say Oak Valley Drive, et cetera, theirs are all shaded in red. So not only are the adjacent properties not in favor of the rezoning, specifically so are numerous others or dozens of others of residents right in that area.

[03:38:52] Then, you know, lastly, I'd say that it's going to state that it is in character in keeping with this R2 zoning. So I'm just going to speak more at that high level. In the letter, Chairman, that I submitted shows our tactical level concerns as well as the strategic level.

[03:39:12] And the diagram is an attempt to really put this at a bird's-eye view so you have that to look at. What I'm going to say is we do, you know, folks, we do welcome the Phillip horse in the building of a home or a house on their R1 lot. That is their right. We're happy they're maintaining the old Goldsmith home.

[03:39:28] Myself and other residents have been in here for at least a couple, three decades, and we're very pleased that they would take on this project. But we don't think that rezoning from R1 to R2, further rezoning, is the right thing to do.

[03:39:44] We think it just creates another domino falling to erode the quality of suburban life here in Fairfax and that it sets an unhealthy precedent right across the front of Chain Bridge here. We do want to recognize the yeoman work that's been done by the Planning Commission.

[03:40:00] I do think Ms. Lewis and her staff and so forth have really put their heads down to try to strike this imbalance. But I ask the board they take a more holistic view of what is happening here across Cambridge, not only with this application. And so, you know, what I would also do is invite Supervisor Palchik, yourself, Chairman, anyone else who has come out to the neighborhood and take a look, drive, look, and speak to us about this.

[03:40:24] But again, we'd ask that you take a strategic stance on this and reject the application at the minimum delay it. Thank you, sir. Appreciate it. Thank you, Mr. Peters. Let me ask if there's anyone else in the auditorium that would like to testify on this subject.

[03:40:40] This is a public hearing. Anyone else present who would like to speak? Seeing and hearing no one. Let me ask the clerk if anyone has called in. No one has called in. If the applicant would like an opportunity for rebuttal. I'll just quickly make a few remarks.

[03:40:58] in response and i appreciate mr peters testimony i have had the opportunity to discuss with mr peters at length uh in a few instances and those conversations have been friendly and candid but you know i think we're just sort of um in sort of a differing of opinion at the end of the day the comprehensive plan calls for uh up to two dwellings per acre we're proposing a density of 1.31 dwellings per acre which is below the comp plan density and frankly below the density of the very neighborhood that mr peters lives in in that neighborhood also has r2 zoning i would challenge the fact that we're not maintaining the character of the neighborhood we're following directly in line with that and some in that we're getting with this development uh tree preservation

[03:41:38] landscaping commitments removal of impervious surface reduction a reduction impervious surface compared to by right removal of invasive species fewer curb cuts than what could be developed with one home by right as well as noise mitigation plus the aforementioned affordability and historic preservation none of that would happen with the development of one home by right we've tried to have those conversations with the adjacent neighborhood and those meetings have been declined and so you know it sounds like the opposition is a little bit more intrinsic in just the nature of development in the area and i'll have to respect that but i would suggest that we are again falling in line with the compatibility of the neighborhood and what

[03:42:14] the comprehensive plan recommends thank you thank you very much closing comments and a recommendation from county staff thank you mr chairman on november 1st 2023 the planning commission voted to recommend approval of rz 2023-pr-00002 subject to proffers now dated january 3rd 2024 the planning commission also voted to recommend approval of se 2023-pr-00004 subject to development conditions now dated january 4 2024 staff concurs with these recommendations thank

[03:42:53] you very much last call questions from board members any questions from board members supervisor palchuk mr chairman thank you um i have a question for the applicant uh you did address some of the of the concerns shared by Mr. Peters if you could address a little bit more the outreach that the applicants have done with the community I know this has been as he mentioned a long work to try to get the right size and the right improvements and preservation yes absolutely happy to so before we even filed this zoning application we went door-to-door or that the applicants went door-to-door to the surrounding neighborhoods with with a letter that

[03:43:30] we wrote as well as our concept plans and at that time we did not receive any concerns from the neighbors on the Oak Valley subdivision unfortunately you know a few of them did come out we heard that same testimony at the Planning Commission public hearing we swiftly reached out to mr. Peters as well some of the other neighbors to have a few conversations we did offer to meet multiple times in fact I probably had that offer out weekly since early November they're probably tired of hearing from me but again there was not desire to meet and discuss um it seemed that they're sort of um didn't think there's a specific design aspect or a specific proffer commitment that would necessarily uh change their mind but

[03:44:10] it was more again that intrinsic opposition to r2 zoning uh on this property um we did have good conversations with mr peters we did also talk with the adjacent properties along chambers road uh from well before we filed this zoning application because we were encouraged to consolidate with those properties and so i would challenge the fact that they are opposed to this zoning those conversations they did not want to consolidate and redevelop but they had no problem with us doing the development on this property thank you thank you mr vanetta um one one final question because i know it was i don't know if it's for you or really staff at this point i did

[03:44:43] receive last night um the letter on the map uh stated by mr peters i don't know if we have a map that shows the zoning um around this property i just want to make sure we're all looking at the correct information together you know if i could just point out so that the obviously the application property is highlighted in black there that is r1 now we're proposing to zone r2 the neighborhood directly to the north the oak valley court cul-de-sac that's r2 that's uh where the testimony came from with mr peters and then obviously if you look uh directly west that whole neighborhood

[03:45:21] is r2 as well so the only r1 parcels that you're really seeing are r2 parcels and then the two directly to the east on Chambridge Road, which do not have any plans to redevelop anytime soon. Thank you very much, Mr. Burnett. No further questions.

[03:45:37] Okay. At this time, I'll close the public hearing and recognize Supervisor Palchuk for a motion. Thank you, Mr. Chairman. Before I make my motion, again, I want to thank Ms. Lewis for playing double-triple duty on this, as well as Mike Wing and Devin, far in my office, who have been working this case with staff and with the applicants, as well as our new planning commissioner, Mr. Hancock, for whom this was one of his first cases.

[03:46:07] As was mentioned, this is something that we in my office has been working with the applicant to try to minimize the impact. We appreciate that, as was mentioned, Not only is this a historic home that is being preserved, but that is being turned into a workforce dwelling unit, not required, but we appreciate, especially in this area of Oakton, there is not very much affordable or workforce housing, especially one that could hopefully house a family.

[03:46:37] So we very much appreciate the commitment to that workforce unit. Well, I'm not a historian. I do believe, if I have my facts correct, the Goldsmith House being constructed in 1918 is a rare example of the vernacular style of homes that characterized Vienna in the early 20th century and was listed in 2021 on the historical inventory.

[03:47:00] So very much appreciate that. It's a little bit hidden. You don't see it if you're driving on Chambridge. And so looking forward to seeing the improvements there. and finally very much appreciate the management of the stormwater quantity and quality through the use of low impact development as is being recommended here with the environment element of the policy plan and then just finally as was stated we know that there have been many rezoning in this area and i think as mr vanetta showed us on the map it looks like the majority i can't

[03:47:34] give a percentage but the majority of the homes surrounding this property are now zoned r2 and so So this would very much be in line with that. There are very few R1 properties still left here, especially along 123 and the surrounding areas.

[03:47:51] So to that, I also want to point out that the application, I think, was mentioned but was approved unanimously by the Planning Commission and its deliberations. And I appreciate that the outreach has been ongoing while it seems to have really gotten more response more recently than it has in the initial outreach.

[03:48:10] So to that, Mr. Chairman, first, I would request that the applicant please confirm their agreement to the development conditions dated January 4th, 2024, for the record. Yes, confirm that the applicant is in agreement with the development conditions dated January 4th, 2024. Thank you very much.

[03:48:26] I do have three motions. First, I move that the Board of Supervisors approve RZ 2023-PR-00002, subject to the executed proffers dated January 3rd, 2024. I move that the Board of Supervisors approve SE-2023-PR-00004, subject to the development conditions dated January 4, 2024.

[03:48:54] And finally, I move that the Board of Supervisors waive the side yard setback for the existing dwelling to that shown on the GDP SE plat. Second. You've heard the motion. It's been multiply seconded by Supervisor Jimenez and Supervisor Alcorn.

[03:49:11] Any discussion on the motion? Any discussion on the motion? Seeing and hearing none, all those in favor of the motion, please say aye. Aye. Any opposed? Any abstentions? And that motion carries. Thank you. Our next public hearing, I know, is going to be deferred, which is a public hearing on the acquisition of certain land rights necessary for the construction of Pleasant Valley Road's shared use path in the Sully District.

[03:49:36] Supervisor Smith. Thank you, Mr. Chairman. I move that the Board of Supervisors defer the public hearing on the acquisition of those certain land rights necessary for the construction of pleasant valley road shared use path project to a date certain of february 20 2024 at 4 p.m and the chair will second that motion any discussion on the motion seeing and hearing none all those in favor of the motion please say aye aye any opposed any abstentions that motion carries and that brings us to our public hearing

[03:50:10] on plan amendment 2023-3-3 up agape house in the sully district and at this time this is a plan amendment so we have no affidavit i would recognize county staff for a staff presentation thank you good good afternoon mr chairman board i i'd like to begin by introducing um sahar hamdard who this is her first time before you she joined the planning uh planning division a little less than

[03:50:40] a year ago and um welcome sahar to the board thank you um good afternoon uh mr chairman and members of the board of supervisors i'm sahar hamdart with the department of planning and development and i am accompanied by korean bibic and clara johnson from planning division

[03:51:13] and thomas work with fcdot the subject property is located in the dollar suburban center north of road 50 and east of road 28 the area is planned for office and industrial flex uses and developed with office industrial flex hotel and restaurant uses the plan amendment authorization directed staff to consider an option for affordable independent living continuing care or other senior living uses the authorization noted that specific considerations should include the

[03:51:51] The provision of open space, on-site amenities, multi-modal connections around the site, and access to services. The proposed plan amendment would introduce an option for affordable independent living for older adults, up to a total of 232 units at an intensity of 1.08 FAR.

[03:52:14] This plan amendment is being reviewed concurrently with a zoning application. The proposed development is 70 feet in height with 5 stories and includes on-site amenities such as adult take care, an on-site pharmacy, a visiting doctor's office, and fitness rooms.

[03:52:32] Staff analyzed the potential impact of the proposed plan amendment with regards to land use, transportation, the environment, and parks and recreation. The proposed plan amendment addresses the need for affordable housing for older adults and provides the opportunity to access a range of services within a half mile.

[03:52:54] The proposed use would result in a decrease in delay in peak hour vehicle trips when compared to the planned office use. The subject property is within the county adopted airport noise, contours, and approximately two-thirds of the property is within the DNL 60 to 65 TBA.

[03:53:17] Also, there is an opportunity to add guidance to encourage provision of park space and improve pedestrian facilities to provide access to services and transit within walking distance. This concludes staff's presentation. Thank you, Mr. Chairman.

[03:53:34] Thank you very much and welcome. Any questions of staff? Seeing and hearing none. This is a public hearing. I do have two speakers who have signed up in advance to testify on this matter. Speaker number one, David Mould, has submitted video testimony.

[03:53:54] Speaker number two, Michael Van Etta, will be testifying in person. So, speaker number one, if we could play that video. Ah, you're here. Okay. I have you down as video testimony, but you're certainly welcome to do that live.

[03:54:10] Welcome. Thank you. There is a video included in a few slides. Okay. Hope someone is running those. Anyway, David Mould from the Metropolitan Washington Airports Authority, thank you for the opportunity to comment today.

[03:54:26] The Airports Authority appreciates your time and patience today. We feel obligated to once again register strong concerns about constructing any new homes in this highly noise-sensitive location. So proponents of this project emphasize that the 232 homes that would be built here would be just outside a noise contour line on the map used by county planning staff.

[03:54:53] But just as important as the contour lines on the map is the proximity to flight paths, especially when they're very close to the end of the runway. And this project is very, very close to the flight paths and to the end of the runway when planes are at their lowest and loudest positions during takeoffs and landings.

[03:55:12] This runway is in heavy use around the clock, so aircraft noise will be a major quality of life issue for anyone living in this location. So, don't see my slides, but that's okay. The best way to avoid noise problems is to keep new residential development out of high noise zones, especially near flight paths at the ends of runways.

[03:55:36] These are the areas where aircraft noise has the greatest impact and causes the most problems and complaints. So, to further illustrate, here's how low planes would be flying over this area when coming in for a landing. Arriving planes are very low at this point because they're almost to the runway.

[03:55:55] At this location, their altitude would be about 500 feet overhead. That's about the height of the Washington Monument. So these are very large airplanes flying low and loud on flight paths that have been in use for many years. And these flight paths cannot be changed because of their proximity to the runway.

[03:56:13] In addition to landings, aircraft also depart along the same flight path, and planes are much louder when they're taking off than when they're landing. So departing aircraft would be an even bigger noise problem for people living here and trying to sleep. The red lines on, well, I don't have a map, so I won't explain where the red lines are, but this development is directly beneath the flight path, just at the end of the runway.

[03:56:41] Very large planes taking off and landing several hundred times a day, actually. And this number will keep increasing as air travel increases in the years ahead. So for these reasons, the Airports Authority believes this is not an appropriate location for new residential development.

[03:56:58] If houses are built here, there will be complaints about noise to the airport as well as to the county. It's already happening in other places where new housing has been built under flight paths despite concerns raised by airports. So the airport's authority respectfully requests that approval of this housing development be denied or at least postponed because it's just not a good place for people to live because of the noise.

[03:57:23] Thank you for your attention. Thank you very much. Speaker number two is Michael Van Atta. Hi. My name is Braxton Bourne. I'm a professor at American University. Good evening again, or good afternoon again.

[03:57:40] Mike Van Atta, land use planner at the law firm McGuire Woods, located at 1750 Tyson Boulevard. in Tysons, Virginia. On behalf of the nominator for this plan amendment, Agape Property Management LLC, we are very excited to be here today to speak in support of this plan amendment.

[03:57:56] This brings us one step closer to delivering what will be the single largest infusion of affordable units in Isantilly in recent history, if not ever. So the theme of affordable housing continues today. This SSPA clearly advances a number of county objectives geared towards increasing the types and overall supply of housing for older and physically disabled adults, and in accordance with the equity goals of One Fairfax.

[03:58:17] As an experienced adult daycare provider, Agape is acutely aware of the affordable housing crisis that uniquely impacts our county's aging senior population. This SSPA presents an important opportunity to strategically co-locate meaningful affordable housing opportunities for seniors with well-established adult daycare services and other supportive amenities.

[03:58:38] All of the units in this independent living facility will be reserved at 60% AMI or lower, and the development will be constructed, operated, and maintained by an experienced and well-regarded affordable housing developer who is partnering with the Nominator. This is one of the last remaining vacant properties in the Dulles Business Park.

[03:58:55] Notwithstanding, the site has the benefit of being located adjacent to existing scenic and recreational amenities, and is well situated within close proximity to compatible uses, including hotels, restaurants, retail, medical care, child care, and other commercial retail opportunities.

[03:59:12] Transit opportunities in the form of bus stops and BRT are also within walking distance, and we are proposing to make a number of pedestrian connections on and off-site to enhance safe and accessible pedestrian connectivity. I do want to quickly address some of the concerns related to aircraft noise based on the testimony we just heard.

[03:59:29] The property is mostly located within the DNL 60 to 65 airport noise contour, which does permit residential development with appropriate noise mitigation and disclosure. The building and recreation areas with this independent living facility will be sited outside of the 65 contour, and while the 2019 MOA contours have not been adopted by Fairfax County, it is worth noting that 2019 contours do not change with respect to this property.

[03:59:55] However, we do agree that the contours alone are not the only consideration when citing development with respect to aircraft noise. That is why the county's policy, as well as our plans, focus on a noise study to really get an understanding of what's going on on the property with respect to aircraft noise.

[04:00:14] Interestingly, our noise study for the overall site actually yielded an average noise measurement of DNL 54 dBA. And it's also worth noting that standard building construction yields a reduction in noise of 20 dBA. So there should not be any issue meeting the policy standard of DNL 45 dBA for interior noise.

[04:00:31] Regardless, we are making robust proper commitments in accordance with county policy and precedents, including performance objectives for noise mitigation, post-development noise testing, and to record an navigation easement over the property. We are also, importantly, committing to adequate disclosure of the potential for aircraft-generated noise in all rental and marketing materials, providing potential residents with a clear understanding of the site's conditions when marketing the locational choice to live in the facility.

[04:00:58] And so finally, with regard to the video testimony we just saw, If you were to turn that camera 90 degrees to the east, you could see there are existing residential uses two properties over, less than a quarter mile away, and practically there are existing hotels on three sides of this property. To quickly summarize, this SSPA offers a unique opportunity to develop a vacant property with new, affordable, independent living facility uses and supportive amenities, and to deliver a meaningful package of pedestrian and open space improvements that will integrate this property with the surrounding neighborhood to create a safe and connected community and to further support the surrounding commercial uses.

[04:01:32] Concurrent zoning process will continue, and we look forward to returning to the board next month to discuss those details. Thank you for your consideration, and we respectfully request that you adopt the plan amendment consistent with the recommendations from staff and from the Planning Commission. Thank you. Thank you for your testimony, and that brings us to the end of our speakers who have signed up in advance to testify.

[04:01:52] Is there anyone else present in the auditorium that would like to speak on this matter? Anyone else who would like to speak on this matter? Okay. If you could come down here and sign in with the clerk after your testimony and just say your name and address. And is there anyone else after this gentleman who would like to testify? Anyone else?

[04:02:11] Mr. Parnes, if you can come, you can come testify first and then leave your name and address with her. But please just state your name and address. My name is Jeff Parnes. I am a co-chair of the Joint Sully District Land Use and Transportation Committee, which considered this item this month at our January meeting.

[04:02:30] Although we have concerns on this site, we approved it going forward. We think the problems will be more concerned at the point of the rezoning and actual detailed construction.

[04:02:46] This is just the plan amendment. There are many issues that have to be considered, and we would like to see this go forward, but the proponent is aware of our concerns. I won't go through them tonight, one of which was the sound, and some of our folks wanted to make certain that even outside, when people were meeting outside of their facility, there was some sort of sound barrier area so people could be outside of the building and be protected from the sound that we heard from the EMWA folks.

[04:03:19] That will be disconcerting to those people sitting outside trying to enjoy an evening, and the plane's flying overhead. So let this go forward. We will be more concerned when the rezoning comes before us sometime in the future.

[04:03:36] But I wanted to thank you for the opportunity to speak. Thank you again. Thank you very much, Mr. Parnes. And is there anyone else present who would like to testify on this matter? Anyone in the auditorium that would like to testify? This is a public hearing. Seeing and hearing no one, let me ask the clerk if anyone has called in.

[04:03:54] No one has called in. Closing comments and a recommendation from staff. On December 14, 2023, the Planning Commission voted to recommend adding an option for the subject property for up to 232 affordable independent living units at an intensity of 1.08 FAR with conditions regarding transitions, pedestrian connectivity, and provision of park space.

[04:04:23] Staff concords with the Planning Commission recommendation. Thank you. Thank you very much. Last call. Any questions from Board members? Seeing and hearing none. I will now close the public hearing and recognize Supervisor Smith for a motion. Thank you, Mr. Chairman.

[04:04:40] Mr. Chairman, I move that the Board of Supervisors adopt the Planning Commission recommendation for Plan Amendment 2023, Roman numeral 3-3-UP, as shown in the board item. You've heard the motion. It's been seconded by Supervisor Palchuk.

[04:04:58] Any discussion on the motion? Supervisor Smith. Just briefly, it is important that this comprehensive plan amendment would allow an option for 232 affordable independent living units and you heard the representative from the applicant talk about 60 percent affordability um you know this is part of the rezoning it's our site-specific plan amendment process we will get a rezoning but when the board changed our comprehensive plan to allow residential in the 60 to 65 we put a lot of pieces in place to ensure that it would be a great place to live so i asked for the support of my colleagues for this very needed

[04:05:35] housing and this change to the comp plan thank you thank you very much uh supervisor smith any further discussion seeing and hearing none all those in favor of the motion please say aye aye any opposed any abstentions uh herity abstains supervisor herity abstains and that is uh approved nine to zero to one thank you very much i'm sorry eight to zero to one thank you dan supervisor alcorn being absent okay we are going to move on to our next public hearing which is a public hearing on a proposed zoning ordinance amendment regarding landscaping and screening and if the staff could

[04:06:14] come on down and give us a staff presentation thank you mr chairman sarah morgan with the zoning administration division of the department of planning and development i'm joined with carmen bishop as well as leslie johnson and i'm here to talk to you about the proposed zoning ordinance amendment for the landscaping and screening provisions which is a repeal and replace of the existing provisions one of the most common comments we got during

[04:06:53] the outreach process was the need to incorporate native species into this amendment there was also an expression of desire to include environmentally tolerant species so species that can withstand the effects of climate change and we gave preference to that with this amendment you'll see that the Planning Commission proposed a amendment to that and added a clarifier that the preference be given to the native species and the environmentally tolerant species are preferenced when they are appropriate for a site condition. The proposal also includes a new requirement for new utility easements to be located outside of required landscaping to the

[04:07:33] greatest extent feasible except across perpendicularly and there is relief from that provision if you cannot meet that feasibly. Street frontage landscaping is a concept that we're introducing as a part of this amendment. It's a 10-foot wide landscaping strip with one tree per every 30 feet and it's parallel to public and private streets on private property it would not be required if there are peripheral parking lot requirements we addressed the applicability for parking lot landscaping as well so more parking lots are going to be required to provide that going forward for interior parking lot landscaping we increased the percentage required from five

[04:08:11] percent to ten percent and we also established a spatial distribution requirement which will help with environmental impacts such as the urban heat island effect we have established shade structure requirements for parking structures and incentivize the use of solar if you provide your shade structure as a solar collection system instead of the required 10 in the shade structure you would only be required to provide five and then for peripheral parking lot landscaping we increase the percentage or increase the ratio of one tree per every 40 feet to one tree per every 30 feet when abutting the right of way and that is aligned with the street frontage landscaping

[04:08:47] requirement and we added a requirement for shrubs to be located in this location to help with vehicle headlight glare the transitional screening and barrier requirements table has been redesigned and uses the use classifications that are within the use table with specific uses that are called out and those uses are ones that have a greater or lesser impact than their overall classification we also removed the requirement to provide transitional screening and barriers for uses that are located across the street the planning commission did recommend that the light utility facility heavy utility facility and uses that are located in the

[04:09:24] industrial uses classification to provide transitional screening for uses across the street this amendment also consolidates the waivers and modifications into a single subsection and addresses the authority of who has the ability to grant a waiver or modification and we wanted to limit any unintended consequences so if you're going through a site plan process in which to go forward with a waiver or modification that is outside of the director's ability to approve, you could do so through a general waiver through the board, and that is similar to the parking reduction process today.

[04:09:57] Lastly, the amendment addresses common maintenance issues that have been observed, and that concludes my presentation. Thank you. Thank you very much for that presentation. Are there any questions for staff? Seeing and hearing none, this is a public hearing, and I have no speakers who have signed up in advance to testify.

[04:10:19] Is there anyone present who would like to speak on this matter? This is a public hearing. Anyone who would like to speak? Seeing and hearing no one, let me ask the clerk if anyone has called in. No one has called in. Any closing comments or recommendation from staff? Staff recommends approval of the proposed amendment with the text shown in the staff report dated November 15, 2023, as revised by the alternative text dated January 16, 2024, which was recommended by the Planning Commission and distributed to the board.

[04:10:49] That concludes my recommendation. Thank you. Thank you very much. Questions from board members. Last call. Any questions from board members? Supervisor Herity. Yes, we increased from the 5% requirement to 10% requirement. Can you remind me what our surrounding jurisdictions have as a requirement?

[04:11:07] There is a variety. A lot of them have the 5%. We're not sure if we're the ones who first went with the 5% or if they were, but this is in line with what our consultants have seen nationally. Typically, it's 5% for more dense transit areas.

[04:11:23] In urban areas, it's 10%. And then when you get to your rural areas, it's 15%. So, and the benefit of that increased percentage? Because we have urban heat island effects in the county. One is in Annandale. And so, this increased coverage within the parking lot will reduce that impact to the surrounding community.

[04:11:46] And have we done any analysis on the increased cost versus the benefits? We have not done a specific cost analysis. We know that there may be elements of this amendment that increases the cost because more trees are being provided, but there's other situations where, particularly with the table for transitional screening, some of the requirements that are today based on use by use with the classification, they may have a decreased requirement or an increased requirement, so it's hard for staff to exactly say what the cost impact would be.

[04:12:22] There are some good things. Clearly, the retention percentage for plannings, I mean, that makes a lot of sense, the removing of the requirements for transitional screening. There's some things that really are helpful here, but I'm balancing that with the utility easement difficulties, and you say they only can't do it if they can't get there, which is...

[04:12:45] It's to the greatest extent feasible, as determined by the Director of Land Development Services, and if they weren't able to, if the Director deemed it to be not feasible, they could place the landscaping as close to the required location as possible if that didn't give them the relief they needed and they couldn't accommodate the required amount of trees they could then go forward with the modification from the board going i'm going through that with urban parks now we're not with good my my concern here is the increased cost and the lack of an analysis against the benefits of those and i understand the heat island island effect but uh we've got

[04:13:21] an affordability problem so I'm not going to be supporting this on that basis but I assume it'll pass so the good things will get through unfortunately the bad things will as well thank you question any other questions from board members seeing yes Supervisor Palchuk thank you Mr. Chairman first of all I really want to thank you there's so much in here and I think I only have one remaining question to clarify and apologize if I missed it in one of the bullet it states that modifying the peripheral parking lot landscaping ratio on the property

[04:13:57] abuts street right-of-way will be increased from to one tree for every 30 linear feet can you just remind me what is the current delineation it's one one tree per every 40 feet so the 30 feet would be aligned with the street frontage landscaping so it would create that uniform street frontage as it continues down the street and it also is in line with urban design guidelines thank you so much I'll speak to it more but I think that's a definitely moving in the right direction thank you thank you very much and just to draw people's attention to what's in the item I also want to thank staff for all their work on this they

[04:14:34] presented this at 27 public meetings to obtain input from the community so this was very well vetted in the community and appreciate all that diligence any other questions seeing and hearing none at this time I'm going to close the public hearing and recognize Supervisor Smith for a motion. Thank you, Mr. Chairman. I move that the Board of Supervisors adopt the proposed zoning ordinance amendment for landscaping and screening with the staff recommended options and the proposed amendments to Appendix 1 relating to previous

[04:15:08] approvals as set forth in the staff report dated November 15, 2023, except for environmentally tolerant species and transitional screening. With regard to environmentally tolerant species, I move that the Board adopt the alternative text as recommended by the Planning Commission for environmentally tolerant species to give preference to environmentally tolerant species where appropriate for site conditions. Regarding transitional screening, to adopt the alternative text as recommended by the Planning Commission for transitional screening to require light utility

[04:15:43] facility, heavy utility facility, and uses in the industrial uses classification to provide transitional screening when located across the street from land used or zoned for uses indicated across the top of table 5108.2. The alternative text is set forth in the handout dated January 16, 2024, which was distributed to the board. Finally, that the amendment become effective at 12.01 a.m.

[04:16:11] January 24, 2024. Second. You've heard the motion. It's been seconded by Supervisor Pouchik. Any further discussion supervisor smith i want to thank sarah carmen other staff that worked on this if you remember when we were doing parking reimagine there was a lot of concern for the community if we would be able to get more green in what we were doing and i think this amendment really does that it's really important another addition that wasn't mentioned is you talk about maintenance because maintenance is so important so i want to thank you for your work i think think this will be great for the environment in our community. Thank you.

[04:16:47] Supervisor Palchuk. Thank you, Mr. Chairman. I, again, really want to thank Sarah and all the staff who've worked on this. There is so much in here. I highly recommend everyone who hasn't had a chance to look at it, to really look at it. Again, I think it is a thoughtful approach and movement forward. We can't deny that we just have hotter summers, longer summers, and anyone who goes on walks on any parking lot knows that not only is it the right thing to do environmentally but it is an important thing to do to make it a better place an easier place to live and work and play and I just want to reiterate what really stands out for me is the purpose

[04:17:23] statement and it states to update and broaden the purpose statement to support placemaking encourage mixed-use development and promote the enhancement of ecological and social and recreational uses and spaces we know space is limited and I think these improvements again are the right thing for the environment, but also just to make every space in the county a little bit easier, softer, and greener to be used by the community.

[04:17:48] So thank you for your work on this. Thank you. Any further discussion? Supervisor Stork. I want to add my thanks as well, and I associate myself with the previous comments as well, is to especially point out the benefits and the improvements made between the industrial and residential.

[04:18:06] I think that's a big deal, particularly for folks in Lorton, where that hasn't always been the case, And we feel that difference there. And the fact that we're really incentivizing or urging at a minimum people keep existing vegetation and looking for natural landscaping is a key part of that as well.

[04:18:24] So thank you. Thank you very much. And I, too, support this. And let me just add that, you know, there's a question about cost. There's a huge cost of doing nothing that is immeasurable. And I would add to that that this is the first comprehensive overhaul of this part of our zoning ordinance in 40 years, 4-0.

[04:18:47] A lot has changed with our climate development patterns and things we understand now. To update something that is 40 years old today is a big step forward and much more in line with the type of mixed-use communities and developments that we're seeing in the county as it is.

[04:19:04] And so definitely want to thank staff for their tireless work on this. And as I mentioned earlier, all the public meetings that were held, significant community and stakeholder input. So well done. With that, all those in favor of the motion, please say aye.

[04:19:22] Aye. Any opposed? Parity, nay. And any abstentions? And that is approved. Let's see. Supervisor Alcorn being out of the room, 8 to 1, with Supervisor Alcorn being out of the room.

[04:19:38] Thank you very much. And we now are going to move on to our next public hearing, which is a public hearing on RZ 2022-SU-00019 PD CREF 2 Chantilly LLC in the Sully District, concurrent with SC 2022-SU-00038.

[04:20:08] And before we begin our work on this and get started on the public hearing, I just want to emphasize the importance of order and civility during these proceedings. While the board understands that those providing testimony and those observing the public hearing may hold very strong feelings about this application, any yelling, talking back, speaking out of turn in this auditorium will not be tolerated.

[04:20:38] If there is any of those types of disruptions in the proceedings, the board will immediately recess. I will call for a recess until order is restored in the auditorium. And, of course, that is not a good use of anyone's time. So if we can please respect each other and respect the process and respect each other's opinions on this throughout the process with civility, that would be appreciated.

[04:21:02] At this time, could the applicant please reaffirm the affidavit? The applicant, and I reaffirmed the affidavit dated August 18th, 2023. Thank you very much. Are there any disclosures from board members? Any disclosures from board members? Seeing and hearing none, I will now recognize county staff for a staff presentation.

[04:21:28] Thank you, Mr. Chairman and members of the Board of Supervisors. I'm Emma Estes with the Zoning Evaluation Division, Department of Planning and Development. Here with me today from the staff team also are Carly Aubrey from Environment and Development Review Branch of the Planning Division, Randall Farron from the Fairfax County Park Authority, Sherrod Rejmi from Wastewater Planning and Management Division, and Danny Barlow from Fairfax County Department of Transportation.

[04:21:53] The applicant, PDCraft II Chantilly LLC, is requesting approval of a rezoning and special exception to permit development of a data center or a warehouse. The 12-acre application site consists of the northeastern portion of the larger approximately 79-acre parcel 6 as shown here. The remaining 67 acres of parcel 6 not subject to this application is covered by resource protection area and flood plain within the Cub Run Stream Valley. The 12-acre site is currently split zoned to the I-3, I-5, and C-8 zoning districts and is located in highway commercial, water supply, and airport noise overlay districts and under the Dulles Airport flight path.

[04:22:32] The parcel is also located within the Sully Supervisory District and the Route 28 Tax District. The property is also in Land Unit H of the Dulles Suburban Center per the Comprehensive Plan, which is planned for industrial use. The site is adjacent to Route 50 to the north, the commercially zoned Dulles Auto Park to the east, and Cub Run Stream Valley forested open space to the west and south.

[04:22:52] Across Cub Run Stream Valley is the industrially zoned Lafayette Business Park to the west, and Pleasant Valley Residential Subdivision across the Stream Valley to the southwest. The area along Route 50 is developed with a mix of industrial and commercial uses, including existing warehouses, production manufacturing facilities, car dealerships, and data centers in the vicinity.

[04:23:10] The site is vacant with approximately 9.32 acres of existing mature tree canopy, as well as an existing VDOT stormwater facility, access road, and vehicular entrance apron on Route 50. The site is currently approved per a rezoning and special exception for development of a vehicle sales establishment on the north portion of the property zone C8 and an establishment with new vehicle storage, used vehicle storage, vehicle major service, and vehicle light service uses on the southern I-5 portion.

[04:23:38] The applicant now seeks to rezone the 12.1-acre subject property to the I-5 district to permit development of one of two options, option one, a data center containing 402,000 square feet at a floor area ratio of 0.8, or option two, a warehouse containing 150,000 square feet at a floor area ratio of 0.3.

[04:23:59] The applicant is also requesting a special exception for option one to permit the proposed data center height of up to 110 feet versus the zoning ordinance maximum of 75. The application also includes dedication of the remaining 67 acres of environmentally sensitive land on parcel 6 to the Park Authority.

[04:24:15] The first development option is a data center with a floor area ratio of 0.8 at a height of 110 feet, inclusive of all roof equipment. The proposed three-story building consists of a main building containing data halls and associated infrastructure with a three-story office swing to the south. A generator yard to the west of the building would be used for generators and electrical equipment.

[04:24:34] A total of 33% of the site would be open space, and in both options, vehicular access is proposed by a right-in-right-out access point from Route 50 with a proposed right-turn lane and a secondary interparcel access between this site and the Dulles Auto Park.

[04:24:50] The proposed data center was reviewed for conformance with the Comprehensive Plan, which calls for industrial uses at .35 FAR in Land Unit H of the Dulles Suburban Center. A data center is considered an industrial use and is permitted in the proposed I-5 district. The proposed floor area ratio of 0.8 is permitted by the zoning ordinance for the Route 28 tax district.

[04:25:10] And because the comprehensive plan recommends a max of 0.35 FAR, the proposal is subject to additional standards for higher intensity which focus on compatibility with the surrounding area. The height of 110 feet is permitted with a special exception subject to the special exception standards.

[04:25:25] In addition, the comprehensive plan baseline for the resource protection area on Parcel 6, which the applicant proposes to dedicate for the park authority, is planned as parkland. Some factors that help us determine compatibility include the site's location, surrounding area context, distance and buffering to sensitive uses, visibility, site and building design, as well as mitigation measures to address environmental and other impacts specific to the use.

[04:25:50] The proposed data center is located in an area that already has a mix of industrial and other compatible uses, including data centers along Route 50. The site is immediately adjacent to industrial, commercial, and open space, with the closest property being the commercial Dulles Auto Park. The site is surrounded by 67-acre Cub Run Stream Valley to the west and south, providing a large buffer to Pleasant Valley and by a tree preservation area along Route 50 as well. The buffering also blocks visibility of the building from the residential area and obscures the majority of the building when viewed from Route 50. The proposed site and building design has been evaluated and revised to

[04:26:27] reduce tree removal and impervious area and ensure protection of environmentally sensitive areas as well as address needs for vehicle circulation, parking, stormwater, and other site elements. Lastly, compatibility has been evaluated through higher commitments to noise restrictions, parkland dedication, wastewater, stormwater, and other items that are above the minimum requirements to prevent adverse impacts. These and other factors were closely evaluated to ensure the applicant will be required to provide the strongest commitments possible to address the standards for increased intensity in the comprehensive plan this is an exhibit from the applicant showing the precise distances to adjacent

[04:27:04] properties as shown measuring across Coburn Stream Valley Park the data center is approximately one quarter of a mile from Lafayette Park and four tenths of a mile from the closest Pleasant Valley home while the building would be a little over a hundred feet from the closest auto dealership the noise impact to Pleasant Valley has been evaluated and will be restricted to levels below the applicable noise limitations in the noise ordinance. The applicant has proffered to restrict constant noise at the Pleasant Valley property line to 50 dBA during regular operation, whereas the noise ordinance limits noise to 60 dBA in daytime and 55 in nighttime. During

[04:27:39] generator testing and emergency, the noise ordinance exempts generator noise subject to timing limitations, but the applicant is proposing to restrict noise to a maximum of 60 dBA during these times, removing that exemption. The noise analysis provided indicates these maximum limitations will be met.

[04:27:57] These levels will be enforced through a required pre-construction noise analysis before construction of the building and post-construction noise analysis to verify the noise requirements have been achieved. The application includes several environmental commitments and mitigation measures, a land dedication to the park authority, and a decrease in traffic impacts from both the approved car dealership and the comp plan baseline.

[04:28:19] This includes lead data center silver, wastewater commitments above minimum requirements, storm water commitments, a reduction in impervious surface and disturbance of environmentally sensitive areas compared to the currently approved car dealership, EV parking over the minimum requirement, as well as architectural elevations, rendering, and related proper commitments.

[04:28:42] The environmental commitments provided are in conformance with the comprehensive plan environmental policies including the environmental element of the comp plan and the dull suburban center environmental guidelines the applicant has also conducted two drone flies and one balloon fly to evaluate evaluate visual impacts from the 110 foot tall height new sign proffers dated january 16th have been circulated that commit to the use of tier 4 generators for increased air quality as well as a commitment that if servers and associated cooling and generators are installed in phases additional post-construction noise testing will be required the applicant conducted

[04:29:20] a balloon fly which demonstrated the visual impact of the increased building height of 110 feet to evaluate the effectiveness of the tree preservation areas in screening the building this photo was taken while standing along the sidewalk on route 50 where a mature tree preservation buffer will provide screening the balloon fly shows the roof line of the building would be visible from this location but the bulk of the building is anticipated to be fully screened The balloon was not visible from many observation points in Pleasant Valley, as it was fully blocked by the Cub Run Stream Valley buffer.

[04:29:51] It was visible at a certain point in Lafayette Park, and it was visible from the Dulles Auto Park. The effectiveness and extent of the buffering helps to demonstrate compatibility with the area and the Route 50 corridor. Option 2 is a warehouse of approximately 150,000 square feet with an FAR of 0.3 and a height of 55 feet, as well as approximately 30% open space.

[04:30:12] The area to the west of the warehouse building includes the loading dock with 30 loading spaces, trailer parking, underground detention vault, and a stormwater bioretention area, and the area south of the building consists of surface parking and bioretention. The comprehensive plan baseline recommendation is for a warehouse at an intensity of 0.35 FAR, and the warehouse option matches the baseline recommendation, while the proposed intensity of 0.3 is slightly less intense than the comprehensive plan baseline the proposed building height of 55 feet is 20 less than the max zoning ordinance height of 75 the same

[04:30:50] considerations about site location adjacent uses buffering and distance to residential also apply here this area has several existing warehouses in the vicinity along route 50 and the area road network is planned to accommodate warehouse uses per the comprehensive plan site and building design were also evaluated and revised to minimize impervious area and tree removal and also accommodate vehicular circulation and other site elements the warehouse proposal involves a reduction in traffic compared to the comprehensive plan baseline as well as the approved car dealership rezoning option two also includes many of the same commitments as the data center option including

[04:31:28] dedication of the resource protection area decrease in impervious surface and disturbance and increased stormwater measures and open space green building and ev parking as part of the review of traffic impacts both the data center and warehouse options were compared to the comprehensive plan baseline and the approved car dealership and traffic generation in both development options are significantly less than the comp plan baseline and the approved car dealership specifically regarding the warehouse the proposal has 695 total average weekday trips which is 18.5% less than the comprehensive plan baseline, and 59% less than the approved car dealership.

[04:32:07] Transportation review also evaluated many features that apply to both options, including turn lanes, access points, site circulation, loading, and all Fairfax County and Virginia Department of Transportation comments have been addressed. The applicant has also proffered to dedicate the 67-acre resource protection area to the Park Authority, which is approximately 85% of the overall Parcel 6 in both development scenarios.

[04:32:31] And the applicant has agreed to provide environmental cleanup, including removal of invasive species prior to dedication. The applicant has proffered to prohibit any expansion of the limits of disturbance in the RPA from that shown on the approved plan, and also provide other recommended RPA protection measures.

[04:32:51] As part of the evaluation of environmental impacts, the proposed development plans were also compared with the current approved plan which includes a large parking area serving a car dealership both development options provide a significantly reduced environmental land impact with a consolidated development footprint less tree removal less impervious surface and disturbance of the rpa as well as more open space and tree preservation both development options have been rigorously reviewed for conformance with the zoning ordinance and the land use and environmental policies of the comprehensive plan. The review of this application has also been conducted in close coordination with the guidelines for data centers

[04:33:30] policy team which has allowed for enhanced review of impacts such as noise wastewater and air quality and allowed for this application to inform the research as well. The application includes several commitments mentioned in the guidelines report including provision of three noise analyses at zoning pre-construction and post-construction phases tier four compliant generators and wastewater treatment and monitoring among other things the application has been reviewed by zoning evaluation division planning division land development services department of public works fairfax water fairfax county park authority and fairfax county and virginia departments of transportation

[04:34:05] and all staff comments have been addressed as discussed today and in the staff report staff finds the proposal is in conformance with the comprehensive plan and satisfies the requirements of the zoning ordinance and that concludes my presentation thank you thank you very much for that presentation at this time i now recognize the applicant for an applicant's

[04:34:26] presentation all right uh hello again for the record uh evan pritchard on behalf of the applicant uh i will try not to duplicate and assess this is a great presentation with my own uh my own slides here tonight i am joined by my client as well as the architect for the the data center option our

[04:35:03] civil engineer our sound consultant our traffic consultant and there are also representatives from dominion here tonight in case the board has any questions related to um energy needs that will be sir of the proposed data center so we we met with the we've had a robust back and forth with

[04:35:38] the community since the project began we we met with the sully district council in may and june and then we also participated in a community meeting hosted by supervisor smith back in july we've had multiple correspondences via email and letter since then from with interested parties in the community we are pleased to have the planning commission support which we got on september 20th and we as miss estes explained we are currently approved for a dealership we're proposing two

[04:36:14] options a data center and a warehouse and we've requested additional a special exception for additional height next slide please um i won't uh belabor this slide next slide and i believe this was covered well the only thing i'll mention here on on this slide is that the the longest line there is about 0.93 miles that's uh the distance from the data center to the highest point in the pleasant valley neighborhood next slide and this this is just context that was covered

[04:36:53] briefly in staff's presentation just to show existing conditions in terms of the industrial zoning in the area. The Pleasant Valley neighborhood is already 80 feet from the closest I-3 district, 110 feet from an existing I-5 district. So I hope, I believe it's helpful just to know the neighborhood context here. Next slide. And this has been the case since the early 80s, you know, industrial land in this area out close to Dulles International Airport.

[04:37:24] Next slide. And then this further context, just the red dots here depict existing data centers in the area along, you can see concentrated along Route 50, Teal Star, where the proposed data center is proposed.

[04:37:41] Next slide. And Dulles Noise Impact Area Contour Map, as shown in the Fairfax County Comprehensive Plan. Red star indicates our site. It's in the 65 DBA area. Next slide.

[04:37:58] And as Ms. Estes mentioned, one of the primary goals with these applications from the outset was to do better than the existing approval for the car dealership in terms of impacts to the RPA area.

[04:38:14] You can see with the existing approval, there was 1.3 acres of RPA area impacted. And during the course of community discussions, the tax benefit to the county has come up to some degree.

[04:38:32] So I provided down here at the bottom in bold, these are some numbers we got from the Department of Tax Administration, estimating that the existing approval could generate about $534,000 per year for the county in terms of real estate, business property tax, and BPOL taxes.

[04:38:50] That compares to the data center we're proposing, RPA down to 0.19 acres, a dramatic decrease in the impacted RPA area. We're targeting lead silver minimum for the data center, And the county estimates annual taxes could be in the range of $7 million per year.

[04:39:15] Next slide. One thing that's been challenging with this case is getting out good information. The image on the left is an image that was circulated in the early days of our application in the community, depicting a rather large structure that appears to include residential development right in the Stream Valley close to the Pleasant Valley neighborhood.

[04:39:38] we prepared the image on the right to provide a more realistic image of what the data center is really going to look like. It's on the other side of the 67-acre RPA area. This view is at approximately 150 feet above the ground level, so this is not an image you're likely to ever see.

[04:39:57] And lastly, I'll just point out that the data center here is kind of depicted in kind of a silvery blue color. That's not the actual color palette that's going to be used, so it's actually going to be a little more uh discreet than than what's depicted here uh proposal two this is the warehouse somehow my my text got lost here but it's similar to the um to the data center option in terms of the rpa impact 0.19 acres impacted compared to uh 1.3 with the uh existing car

[04:40:28] dealership next slide please uh next slide so of course noise uh generated by data centers has been a big source of concern in the community and gotten a lot of press, not just for our site, but for other data centers in the area and across the country. As Ms. Sestis mentioned, we did a sound analysis where we used a sound monitoring device just to the northeast of the neighborhood, close to the boundary line between the RPA area and the Pleasant Valley neighborhood.

[04:41:02] We anticipate that during full operation of the data center, the noise level is going to be in the 42 DBA range. According to the sound charts that are out there on the web, that's consistent with small town residence life and is sort of tantamount to an open office area or a quiet dishwasher in terms of noise levels.

[04:41:25] Next slide. This is part of the noise analysis that was provided to staff. This is at 100% load operation, meaning data center is fully up and operational. It's a hot day in July and August. All the air conditioning units are running.

[04:41:43] All the equipment is running. The noise level is going to be very, very low in the neighborhood, down in between the 45 and 50 DBA range, 40 and 45 DBA range. And next slide.

[04:42:00] This shows during emergency conditions. is again worst case scenario hot day there's been a storm or something so that the power is out all the generators are running all the hvac units on the roof are running at that point the the noise level is going to be between 50 and 50 and 55 dba the 50 is the the orange line there that's going to clip sort of the edge of the of the neighborhood and maybe a home or two in pleasant valley next slide this was an ambient noise study we did uh it's difficult probably maybe difficult

[04:42:36] to see but there's a dashed orange line in the center that's kind of showing the base range um full full capacity noise of the data center um the the sort of the other lines generating are sort of just general background noise and you can see that for many parts of the day the the noise of the data center is going to be below background levels and compares pretty favorably just to sort of the existing ambient noise in the neighborhood from route 50 planes flying overhead just general neighborhood noise next slide please there's been a lot of questions that have come from the

[04:43:13] community about sound frequency i won't go through all this text here i did mention brent farron our our noise consultant is here in case you have any detailed questions, but basically the noise ordinance in Fairfax County and in all the other jurisdictions we've been able to find focuses on the A-weighted sound pressure level as the means of measuring sound because that's commonly agreed to be the most detectable to the human ear and the most impactful. There has been concern about what the low frequency noise levels are going to be generated from the data center.

[04:43:54] Generally, the types of concerns that are associated with the low frequency sound spectrum are associated with uses that have a great deal more power than even the proposed data center. Think locomotives and large combustion turbines at power plants.

[04:44:10] And the low frequency sound emissions that are going to be generated at the data center are going to be from the hvac units and in the rare instances that the generators are running from those but these are effectively going to be no different than similar equipment used at other commercial industrial uses in the area next slide the there have been a lot of questions about power disruptions and how often the the generators are going to be used it's helpful to understand that

[04:44:45] power disruption is very rare for data centers by design uh the power fed to substations comes from transmission lines that unlike the home unlike the smaller transmission lines that serve our homes and neighborhoods rarely go down during storm events or due to other environmental factors our proposed data center is going to be fed through from the substation to the data center via underground conduits that we're going to pay for and that's going to further minimize

[04:45:16] visual impacts and chances of power outages i won't go through this next bullet about the typical testing protocol for generators but long story short they're going to be tested less than or in operation we anticipate less than one percent of the time each year just for manual testing and occasional very rare outages

[04:45:41] Next slide. As Ms. Estes mentioned, we spent a lot of time crafting the proffers to try to address the noise concerns. As she mentioned, we're committing to maintaining staying within the 50 decibel range during normal full operation and no more than 60 during an emergency situation.

[04:46:03] We're going to do acoustical analyses before construction and after analysis, or after construction rather, and we've agreed in the proffer to use mitigation measures to keep that noise to a minimum, including features such as silencers, baffles, and importantly, upgraded enclosures for the generators that are designed to keep noise from a given generator to 75 decibel level at a distance of 23 feet.

[04:46:32] So, you know, obviously that would be much lower at further distances. We've also committed to the testing protocols I just mentioned, not testing any time except between 9 a.m. and 9 p.m., and no more than two hours in a given day.

[04:46:50] Next slide, please. Another big concern I'll go through quickly has been traffic. This is just a bar chart that makes the point Ms. Estes made earlier that just a very dramatic decrease in the estimated number of daily trips. For the data center shown in blue versus the approved car dealership shown in red and a similar decrease for the warehouse shown in green.

[04:47:18] So we've agreed to a number of transportation proffers for bicycle parking. A very important one is an interparcel access easement. We've gone further than the previous applicant for the car dealership in securing an access easement over the auto circle properties to the east so that we're not going to be limited to the entrance in and off of Route 50.

[04:47:45] We've also agreed to dedicate and construct a right turn lane off of Route 50 that VDOT would like to see. And finally, we'll complete part of the 10-foot-wide asphalt-paved shared trail along eastbound Route 50 along the front edge of the property.

[04:48:03] Visibility. This is the image that we created that gives you a picture of kind of what you'll see from the Route 50. Again, we tried to go with a worst-case scenario image. There's always a little bit of guesstimating, as Ms. Estes mentioned.

[04:48:20] There is a significant tree buffer in here. So we believe this is an approximation of what you might see looking eastbound on Route 50. Next slide. And these were some exhibits we shared with the community prepared early on.

[04:48:39] These are site distance exhibits that just show the building on the right and then the Pleasant Valley community on the left. You can see that just due to the sheer distance, even with the topographic increase in the land area over on Pleasant Valley, by the time you get up to a point where you might be able to see the top of the building from a rooftop, you're basically three quarters or a mile, in fact, away.

[04:49:10] The farthest, the highest point in the neighborhood is just under a mile away from the building top. So very limited visibility. I'll point out, too, on this slide, on the lower part, the majority of the building is going to be 75 feet in height.

[04:49:29] That's the main bulk of the building you see. Above that, it goes up to about 96 feet. And then the 110-foot portion, the tippy top, if you will, is shown right at the very top. That's going to be inclusive of all building structure, mechanical equipment, HVAC equipment.

[04:49:46] So you can sort of see that depicted there. Next slide, please. We did, as was mentioned, a couple of drone flights. This was from the second drone flight at 110 feet above the proposed data center location.

[04:50:03] So this would be the view from the very top of the building looking back towards the Pleasant Valley neighborhood. Next slide. We followed that up in October. Those two drone flights were criticized as maybe not being adequate due to the small size of the drone.

[04:50:23] It was a little on the small side, so it wasn't very easy to see. So we did a balloon flight in the latter half of October. We used a red balloon and a white balloon. We flew that for more than a couple of hours, notified the community ahead of time, took photos from all the numbered vantage points you see here.

[04:50:45] Very limited visibility. You could barely see it from Lafayette Park, labeled number one, and you could make it out to from auto park circle uh in the second location but you couldn't see it from the pleasant valley pool or any of the other vantage points in the neighborhood next slide and these next slides are just illustrating that this this is the picture on the left there is the view from auto park circle and on the left hand image you can probably make out the red balloon in the center of the photo next slide we can just skip through these these are just the photos from the neighborhood

[04:51:22] where you can't can't see the balloon there were questions early on about lighting on top of the building uh typically faa requires lighting for structures that are 200 feet above grade so we haven't been in we don't anticipate the need for the blinking red light on top of our building and haven't had any uh indication that that that's to be anticipated next slide uh visibility proffers we have used the the faa has an online tool you can use you punch in the coordinates and the height of the building to get an early read on whether there's any hazards to air navigation posed by the

[04:51:59] the structure at issue that all came back negative we would have to as part of our proffer as happens with every development near an airport in fairfax county uh doing more rigorous analysis and get official sign off from the faa but out of an abundance of caution officials at m law and operators at dulles were contacted and they confirmed that the 110 proposed feet does not pose any concern and in the event in the event they changed their minds the proffer is written in such a way that we would have to reduce the height of the building uh should should there

[04:52:34] be a concern in the future we'll dedicate the 67 acre rpa area we'll use less intrusive lighting next slide please quickly go through the environmental again 1.3 acres impacted in the rpa with the approved dealership versus 0.19 with either the options proposed significant increase in the amount of pervious surface that rainwater can seep down into next slide please also sort of later in the process a lot of concerns about the diesel storage tanks for the backup generators

[04:53:14] we have made clear that the area where the generators are going to be stored or is going going to be designed and graded to drain away from the rpa area and stormwater collection points we're going to use an oil water separator so then in the unlikely event there is a spill it will not go into the stormwater system they're very rigorous federal epa regulations state deq county regulations will all have to abide by all intended to minimize the chance of a spill next slide very

[04:53:48] very briefly an image of what a modern fuel storage tank looks like lots of features to detect leaks and prevent leaks next slide please and we've committed to all this in the in a proffer this is a typical image and a illustrative image of a generator in an enclosure we have proffered to in only install generators that are tier 4 rated or tier 4 compliant as regulated by the the EPA, that means it meets the highest environmental emission standards that EPA has,

[04:54:24] meaning that at least 90% of the particulate matter or nitrogen oxide emissions have to be captured through catalytic converters and other devices. Next slide, please. So we've covered the 67-acre dedication. We're going to minimize impacts on the RPA, restore any impacts that are felt.

[04:54:48] We've got a robust tree preservation plan. We've agreed to proffer to having a project arborist oversee all work on the site. Next slide, please. Conduct soil remediation, do an invasive species management plan, robust stormwater management plan, salt management plan.

[04:55:09] In an earlier case, the topic of electric vehicles came up on the Tyson's project. We're committing to at least 10 spaces or 20 percent electric vehicle charging station, level two electric vehicle charging station equipped spaces for either option.

[04:55:26] Next slide, please. And again, not every data center is rated LEED silver. That's the minimum we're going for. Tier four compliant generators. The safety features I mentioned for the storage tanks are all embodied in the proffers, as well as the other measures that are taken.

[04:55:48] Next slide, please. Another issue that has come to the fore with data centers is any impact on water use and water quality impact. We've agreed to a proffer that we're going to analyze any wastewater we put into the system.

[04:56:05] the anticipated cooling units that we're going to use aren't going to have any added chemicals, but sometimes with evaporative cooling, it does raise the sodium concentrations. So we've agreed to monitor all that and take any remediation steps to maintain appropriate concentration levels of sodium chloride and fluoride. You know, getting near the end here, I promise, some folks who've raised concerns have have have cast this uh proposed data center as unlike anything that the county has seen before thought it'd be helpful just to look at a recent approval

[04:56:43] from 2022 this is a renaissance renaissance technology park um as close about as close as you can get to dulles airport you can see the the runway lines on the left hand side of the screen site shown in red here next slide please um 102 102 feet a little a little shorter than what we're proposing but 2.1 million uh square feet of of data center area um this was uh this featured uh this this proposal has a total of 165 backup uh generators that are it proposed to be in enclosures

[04:57:23] that are not as as highly rated to muffle sound as the ones we're we're proposing next slide please And this is also adjacent to RPA EQC area in the Horsepin Creek watershed. It's immediately adjacent to the site.

[04:57:41] And the closest Copper Ridge neighborhood is only 771 feet away from the closest data center building. Next slide, please. And just to sum up here, we were very proud to have a lot of back and forth with Supervisor Smith's office and with staff and coordinating with the team that worked on the data center's report and recommendations.

[04:58:06] I just sort of summarized here the major recommendations that came out of that report. Very pleased with how we stack up against that. You know, it encourages enhanced buffering with residential environmental sensitive areas.

[04:58:24] I'm not aware of any other application that's proposed anywhere close to 67 acres of land being dedicated to the park authority. So a very, very large buffer. We're doing LEED data center silver, which is recommended in the plan. We're doing the grading and creating the berms to protect water resources.

[04:58:44] We're doing the monitoring and pre-treating of the cooling system discharge. um we're using non-chemical cooling systems next slide please we're exceeding the open space and tree preservation and planting requirements using tier 4 generators compliant generators we're quantifying the noise on adjacent unit uh uses and and going further than demonstrating compliance with the noise ordinance we're demonstrating um and proffering to stay well well south of those. We're also expanding. We're doing the enhanced enclosures around the generators.

[04:59:23] We're more than complying with the noise ordinance in terms of emergency use and testing of the backup generators. We're doing the noise studies. We're doing the noise study in a worst-case scenario fashion. We are including the backup generators in that noise analysis. We've provided architectural elevations and sightline studies and renderings and perspectives of the proposed data center. So really, you know, we worked hand in glove with the county to make sure and sort of serve as a lucky us, sort of a real-time guinea pig to help ferret out that process. So

[05:00:00] again, we have the full team here. Happy to answer any questions you may have. Thank you. Thank you very much. We'll ask if there's any questions. I will point out that we have a couple other opportunities here to ask questions after we receive public testimony but if there's any question of immediate immediacy that needs to be asked now we can do that seeing and hearing none we are going to get going with the public hearing just as a reminder I have signed up in advance to testify 22 speakers if you are here and you have not signed up and you would like to speak

[05:00:38] take advantage of this opportunity to come down to the clerk and sign up and add your name to the list. We will go in the order in which the list is before us. If your number is coming up, if you would please come down closer to the podium so that we don't have any tripping hazards or anything else. When I get close to your number, come down closer. There's plenty of open seats here a lot closer to the podium. And we are going to begin with speaker number one, Jeffrey Parnes, who's president of the Sully District Council of Citizens Associations, and he will be followed by Keith

[05:01:12] elliott if keith elliott is here please make your way down uh closer speaker number three and four videos and speaker number five is nathan brearley if you are here please make your way down a little bit closer and we will begin with mr parnes who has five minutes as the president of the sully district council of citizens associations welcome thank you very much it's my privilege to speak to you and i thank you for having us here i'm happy to speak to a new board and continuing my fifth decade of working to make Western Fairfax a better place to live. I speak

[05:01:51] today on behalf of the Joint Sully District Land Use and Transportation Committee. The Joint Committee is comprised of members of the Sully District Council of Citizens Associations and Western Fairfax County Citizens Association. It includes many member communities and individual residents within the Residential Conservation Zoning District in the western corner of Fairfax County. You've already received our resolution on this matter and i have testified on this matter before the planning commission on 20 september the joint committee recognizes the paramount importance of protection of the aquacon watershed and upholding

[05:02:27] fairfax county's environmental policies as expressed in the adopted fairfax county comprehensive plan and has long supported protection of residential communities from the development impacts including traffic stormwater noise and other detrimental effects as well as protecting natural communities including threatened species, and preserving contiguous wildlife habitat.

[05:02:50] The Joint Committee appreciated the multiple presentations from the applicant and the participation of county staff in community meetings on these controversial applications, but nevertheless wishes to express its opposition to the above-referenced applications in the strongest possible terms.

[05:03:08] In recognition of the impacts of this proposed land use on the infrastructure and its environment, and the massive opposition having been expressed from community members, including the over close to 500 letters to date from the adjoining Pleasant Valley neighborhood. You've heard my presentation, excuse me, you should have read my presentation.

[05:03:28] You have copies of it. You heard what we said at the Planning Commission. So I'm not going to go through that same litany repetitive. What I'm going to try to do is highlight some things. When the Chantilly Auto Park was developed, it was developed as an auto park.

[05:03:46] All the buildings in the Chantilly Auto Park are two stories or so. They're auto-related. What we have here today is a 110-foot building that's not representative of what you'd see at an auto park. And it is the furthest residential building close to the residential development on the other side of the Cub Run area.

[05:04:12] So had there been another auto-related facility, it'd be much smaller than 110 feet. So what we have here is basically a request to change the character of what has been a successful autopark for all of this millennium, because it was built in the 1990s.

[05:04:33] With that, we've broken our promise to the people. The promise was you'd have an autopark. You've come out now and requested something else. Now, that request is subject to your approval. We're asking that you do not approve it. It is not something that was planned, and although plans can change, this is an aberration of such a magnitude that we think it should not be approved.

[05:04:57] The noise, the environmental impact of diesel fuel, generators that face the residents, the generators are not on the far side of the building, they're on the side closest to the residents.

[05:05:15] The requirement of additional electrical towers, which will obviously have an impact in the environmental corridor, to serve them. The transportation impacts along Route 50, where trucks that want to get here will have to go westbound on Route 50, make a U-turn, and come back eastbound, it's not an easy way to do it.

[05:05:35] We would prefer a data center of smaller size, something not quite 110 feet, something that wouldn't stick up like a sore thumb. If you look at the other data centers in this area, western Fairfax, there are two coming along Route 50. They're being built right now.

[05:05:52] There's another one up near Redskin Park or whatever it's called now because it's not there anymore, but there's a street called Redskin Park. All those are in commercial areas. This is right next to the residential one, and it's the tallest one in Sully and possibly in Fairfax County.

[05:06:07] It's an aberration. Our community, our neighborhood, ask that you not do it. You do not approve this as it is, we would be happy with the smaller one. We would object completely with the warehouse as a second option.

[05:06:24] That warehouse would require so many more trucks going through and making the U-turns and trying to figure out how to go from the westbound Route 50 to get back on the eastbound Route 50. It's just a horrible thing. So thank you for your time.

[05:06:40] Thank you for your cooperation. It's been a pleasure. Thank you again. Thank you. Speaker number two is Keith Elliott, testifying as an individual to be followed by two videos. Welcome. Hello. Hi, how's everybody doing here? Well, listen, my name is Keith Elliott, and I wanted to speak to you a little bit about the data center and the warehousing.

[05:07:02] I have a real estate background, and I manage, actually manage a large HOA in Belmont Ridge Road along there, So you know all about those data centers that Mike Turner, with the supervisor there, is dealing with. And then I also ran for solely district supervisors, so I'm going to speak a little bit about what I learned during that time.

[05:07:25] So first of all, the data center's got to be denied. It's way too close to a residential community, and it's towering over the buildings. And the dimensions of the building and the size of it, it's way out of place in a residential area. The consumers in the market, like on the real estate market, when they're out buying a house, they're going to search for a home.

[05:07:45] They're going to search for a home in their price range, right? They're going to find a home in their price range. The second thing they're going to look for, okay, where is it located? What's surrounding it and what's around it? And there's a plethora of data centers and everything else coming up. There's negative words, negative connotations about data centers that people just don't want to be around it.

[05:08:05] So having a data center of this size and this magnitude, but potentially it will be hurting the home values of those owners. And that's their, these are homeowners here, but that's their retirement. That's part of their retirement. A lot of people get their retirement directly through their home.

[05:08:22] And, you know, in real estate, it's always location, location, location. How many times have you heard about that? So having a data center in this location is absolutely incorrect. Knowing the Pleasant Valley is so close to the building and negative publicity, again, you've just got to deny it. and you're going to hurt their property values.

[05:08:40] Secondly, let's talk about the tax dollar. You're getting $6 million potentially. There's now saying seven. I've heard three to six. On a county budget of $5 billion plus, that's peanuts.

[05:08:57] I bet you can find $6 million, $20 million, even more by eliminating non-essential spending. Therefore, you wouldn't have to have these data centers and offset the spending that we have within the county. I mentioned earlier Mike Turner.

[05:09:14] Talk to Mike Turner, your counterpart, in Loudoun County, and you'll see what he says about it. I see his emails all the time, and I hear all the residents over there. He's going through hard and heavy right now, over there right now. Lastly, as you know, I ran for a solely supervisor.

[05:09:31] And when I decided to announce and I ran, I met with several individuals, Bull Run Post Office Road, Virginia Run, Pleasant Valley, and all these different locations out there in western side here in Soli. And when I met with Cynthia, I learned 110 feet high building compared to 35 feet that's existing.

[05:09:55] It's out of place. Can I have one second? 2015 election, the opponent against Kathy won by a couple votes. 2019 election, Kathy won by over 60% of the vote. This election, Stonecroft Precinct voted me 62%, a complete flip, a complete flip.

[05:10:15] Based on that, we need to deny this application. Thank you, Mr. Elliott. Our next speaker is Speaker No. 3, Braxton Boren, who is an acoustic consultant and has submitted video testimony. If we could play his video. Hi, my name is Braxton Boren.

[05:10:31] I'm an American university, and I'm here to offer testimony related to the proposed data center near Chantilly, Virginia. I work in acoustics, hearing and noise control. I have a PhD from the Music and Audio Research Lab at New York University.

[05:10:48] I've worked at Princeton University and now at American University in DC. I am analyzing the noise from this proposed data center, which will require extensive HVAC cooling systems, including exhaust fans, handling units, and emergency generators.

[05:11:04] The applicants representative has refused to provide specific frequency data based on the specific equipment they plan to use so we can estimate generally what the data center will sound like based on what we know about data center noise in general which is a rapidly growing problem nationwide there are many more data centers they're getting bigger and they're getting louder as the internet increases in bandwidth they generate more heat which means that they require more air which makes the exhaust systems louder and these tend to emit a very low frequency noise, less than 100 hertz, which we hear as a constant low-pitched hum.

[05:11:43] Now, this is a problem for propagation because these have very, very long wavelengths. The frequencies I've analyzed would be in wavelengths from about 13 to 36 feet, and they're not easily absorbed by air molecules like high-frequency sound is. Because of this, they can travel over very, very long distances and still be audible and annoying. They can diffract or bend around obstacles smaller than their wavelength and there are also refraction issues that allow them to travel even farther under certain circumstances so as a result small obstructions like trees don't provide much coverage and in the winter time when the trees shed their leaves even less so

[05:12:23] obviously now low frequency noise itself has a number of problems that it causes for humans that we know of and i'll just go over the bullet points right here first and foremost it's stressful and annoying to be in the presence of this low-frequency hum that is always around you and you can't get away from it. It tends to interfere with speech intelligibility for a process known as upward masking in the auditory system. It reduces cognitive ability during work or school, so if people are working from home or homeschooling, they can be very distracted by it.

[05:12:56] It can disrupt sleep and lead to sleep disorders. It increases blood pressure and has other negative cardiovascular outcomes that it will lead to. And it also harms the wildlife ecology surrounding the area, which I know is an issue people are worried about. And in fact, that's shown to kick in from a level as low as 40 dBA, which is quite a bit lower than the noise ordinance allows here.

[05:13:22] So Rambl's sound mitigation report is analyzing the full spectrum noise in what are called A-weighted decibels. This means that they're counting certain frequencies more than others. And it estimates the project noise will be below 60 dBA in the residential area, which is what's required by the noise ordinance. First of all, that's a very high limit, as I've said, much higher than even affects wildlife, let alone people. And secondly, dBA is just an inappropriate metric for dealing with low frequency noise. And I'll try to explain this very quickly here. So a weighting assumes that the sound is already quiet. So if a sound is quiet, your auditory system will not perceive

[05:14:02] low frequencies as loudly as high or middle frequencies here. So if you look at the A-weighted curve right here in blue, for the frequencies we're talking about right here, you can see that whatever their true level is, it will have about 20 to 30 dB subtracted off of it if the sound is quiet. But if the sound is not quiet, say if there's actually a lot of sound energy, but it's just concentrated in the low frequencies, then A-weighting will only hide the problem and will not let you know actually what it would actually be perceived as. And if the sound is actually louder, then in fact, the B-weighted curve in yellow or the C-weighted curve over here might

[05:14:37] be more appropriate. As a result, you can have this thresholding effect where a low frequency sound doesn't appear audible, and then you add just a little bit and it gets very, very loud and very annoying. And because of the long wavelengths, you can't escape it. So in brief, my conclusions are that even if the proposed site is below 60 dBA, it could still emit a strong low-frequency hum that would harm the quality of life of Pleasant Valley residents in many ways.

[05:15:02] And I believe the applicant should provide third-octave band frequency data simulations of the units and their sound pressure levels in Pleasant Valley to adequately address this risk factor. Thank you for your time. Steele, I'm a resident of Chantilly, Virginia.

[05:15:19] Thank you. Our next speaker is a video, David Steele, to be followed by Nathan Brierley and Wendy Muson, if they could come closer if they haven't already. Thank you. I'm a resident of Chantilly, Virginia. As you heard from the acoustician, our primary concern is the low-frequency sound generated by this data center.

[05:15:38] Low-frequency sound is underrepresented by the DBA scale. The actual sound pressure at low frequencies may be up to 20 decibels higher. Trees and windows do not provide a sufficient buffer at these longer wavelengths. That means where the applicant's sound study indicates the sound pressure at 50 DBA, Pleasant Valley residents will experience up to 70 decibels at low frequencies, and all the unhealthy consequences of such noise, even in their homes.

[05:16:00] Just ask residents living as much as three miles from the Truth North Data Center in Loudoun. The constant drone from the data center has a real impact on their lives, with residents saying it led to anxiety and affected their sleep, mental health, and productivity. Arlene Bronsaft, who studies how noise affects people, said, Being alive is not sufficient. One is entitled to live a decent quality of life.

[05:16:20] These people are not yet physically ill, but they're miserable and unhappy. The applicant's sound study is in DBA, so it is virtually certain that lower frequency sound is being under-representative, but we can't know because they have not provided any of the inputs of their model or octave band frequency data for the equipment, supposedly because the information is proprietary.

[05:16:39] Yet the equipment is described as typical of data center facilities, which doesn't sound proprietary at all. The unusually high density will make cooling a challenge. For each story added, more HVACs are needed, resulting in a much higher number of rooftop HVACs than a single or even two-story data center.

[05:16:54] The applicant's sound study does not specify the height of the three-story building, yet typically data centers are not three stories nor 110 feet tall. The applicant's sound modeling software may be best in class, but if the inputs are incorrect, the model will be wrong. As we say in technology, garbage in, garbage out.

[05:17:10] Ideally, the applicant would provide some comparable data centers so we could go and measure sound specter and dB ourselves, but of course there is currently nothing comparable to this scale and density anywhere in Northern Virginia. Virginia. In your packet is the email our acoustician received from a data center designer at AXO Architects. AXO designed the nearby Renaissance data center, a project that the applicant has held up as an example, even though it is not yet operational. Most importantly, the designer complements our noise-studying admits acoustics is a big issue that designers at data centers like myself continue to tackle. He goes on to ask technical questions about the effectiveness of potential methods to mitigate low-frequency noise. Kathy Smith described our acoustician's

[05:17:49] analysis as not useful. If it is so useless, why is a data center engineer eager to get advice from our acoustician? What does this say about their actual ability to mitigate noise? It is clear that this unprecedented data center will generate an unprecedented amount of noise, but the applicant is eager to go forward and the county seems poised to approve its first ever three-story data center.

[05:18:10] Why does the applicant get to make a quick buck while residents are left with inescapable 24 by 7 noise? Why do we have to be the guinea pigs in this experiment? Thank you. The next speaker is Nathan Brierley, followed by Wendy Meusen, and then Kate Meisel, if she can come down.

[05:18:30] Thank you. So my name is Nathan Brierley, and I live in the Pleasant Valley neighborhood in Chantilly, Virginia. I'm here concerning the rezoning request to build a 110-foot data center less than half of a mile from my neighborhood and home.

[05:18:50] I respectfully request that this rezoning request be rejected. I'd like to speak about noise. You've heard quite a bit about it so far, but I'd like to add a little bit. The nature of the noise is as important to consider as the quality, excuse me, the quantity. Everyone knows that some sounds are more unpleasant than others.

[05:19:09] A Beethoven sonata at 50 decibels is a very different experience than a chainsaw at 50 decibels. And the disturbing fact is that many who live close to data centers are finding that they produce a kind of sound that is proven to be very annoying, very disruptive and intrusive, and very difficult to filter out.

[05:19:28] This kind of sound is described as low tonal noise. It may be technically below the zoning limits and volume. However, because of its nature, it can be as disruptive and intrusive as much louder sounds. Braxton Boren, assistant professor of audio technology at American University, says, Low frequencies have very, very long wavelengths, so they're not able to be absorbed by air molecules, he explained.

[05:19:54] You could build a wall, and those wavelengths would, by a process called diffraction, they would sort of bend and go right over it. You can't even block them in the normal way that you would with a lot of other sounds. There is a growing body of science on the nature of noise, and studies are finding that this kind of low tonal noise has been found to have a wide range of bad effects on humans and animals.

[05:20:19] A July 28, 2020 review study published in Applied Sciences looked at 142 scientific studies on low frequency noise from around the globe and found serious negative effects on human and animal health, both physical and mental.

[05:20:34] This type of noise is being reported from data centers in many places, Niagara Falls, New York, Chandler, Arizona, Chicago, Illinois, and our poor neighbors in Great Oaks, Manassas. Some communities have moved to ban these or restrict them to areas further away from humans and wildlife.

[05:20:51] The Fairfax County Noise Ordinance provides us with a right to an environment free from sound that jeopardizes health and degrades the quality of life. This building would be located in a highly populated area, close to houses, daycare centers, doctor offices, work areas, and churches nearby.

[05:21:10] This is children growing and trying to learn, people trying to heal, people trying to work and pray. These are not just faceless voters or taxpayers, but human beings trying to carry out their lives surrounded by a constant annoying hum that will not go away.

[05:21:27] Please ask the applicant to provide a noise study that accounts for the frequency octave band as requested in the new data center guidelines report to ensure that this data center does not jeopardize public health welfare peace and safety or degrade the quality of life of those who will be living in its shadow thank you very much thank you wendy musen then kate meisel and then warren shang please come down close wendy musen pleasant valley resident since 1990 ours is one of two

[05:22:04] homes closest to cub run stream and just beyond our fence is a vibrant woods full of life the resource protection area extends into our yard and with it a wildlife trail. We live in harmony with the waterway and riparian area as envisioned in the Cub Run and Bull Run watershed management plan. The rezoning request presented to you today is insidious. It's offensive. It imperils the plant and animal life in the RPA and the very watershed it is designed to protect. Decades of

[05:22:37] Research done by the National Park Service, the National Science Foundation, the Federal Highway Administration, and internationally documents both the direct and indirect harmful effects of noise pollution on animal and plant life. Research shows that wildlife responses begin at noise levels of approximately 40 decibels, yet the impact on wildlife and adjacent parkland, or RPAs, which can far exceed and will, by their numbers, exceed 40 decibels, is being ignored.

[05:23:07] Noise directly interferes with communication within a species, masking mating calls or alerts to danger. Noise can distract an animal from important information, such as the presence of a predator or source of food. Nocturnal species rely on auditory cues for both.

[05:23:26] Noise is deemed to be a direct threat to animals causing hypervigilance or altered behavior. Birds can become aggressive toward their young. Bats will purposely avoid traffic noise, hunting less efficiently. Certain migratory birds will avoid important feeding or breeding sites.

[05:23:43] When individuals or groups abandon an area temporarily or permanently, the balance of nature is disrupted in both their former and new locations. Noise can cause direct physical damage, such as hearing loss. Stress-related physiological damage can manifest as poor body condition, low reproductive success, and reduced hatchling vitality.

[05:24:06] When fewer mates are available, genetic diversity suffers. And when populations of pollinators and seed predators or dispersers are altered, tree and flower communities are changed in ways that can result in reduced pollen, nectar, fruit and seed supply, fewer seedlings and saplings, or worse, deforestation itself.

[05:24:27] You each have a list of the more than 270 species of wildlife in Fairfax County, not counting the invertebrates. Some will suffer more than others. For the record, even rats are stressed by noise. Why is the county not considering the effect of the harm that both truck traffic and continuous data center noise will inflict on wildlife in important ecological areas?

[05:24:51] Deny the noise and air-polluting warehouse option. Avoid the undesirable and unintended consequences to wildlife that noise from a 110-foot data center will inflict. Vote to go lower and go quieter or deny.

[05:25:07] Thank you. Thank you. Next is Kate Maisel, then Warren Shang, then David Meason. Hello, I'm Kate Maisel, and I live in the Pleasant Valley neighborhood in Chantilly.

[05:25:26] I was encouraged by your concern for the environment in the previous application. I'd like to discuss some issues regarding the environment as well. The applicant's property is located in a water supply protection area, which is supposed to protect our drinking water. The data center's 27 generators will store 135,000 gallons of flammable diesel fuel and 13,500 gallons of toxic diesel exhaust fluid adjacent to the Cub Run Stream, which is a tributary to the Occoquan Reservoir that provides drinking water for most of us here tonight.

[05:25:59] We have asked the applicant and our supervisor repeatedly to move the generators to the east side, away from our drinking water, giving us the additional protection of the building in between, but they won't. not because of the noise ordinance that exempts generators. No, for them, it is because it is not as profitable. They would have to redesign the site and possibly reduce the building size.

[05:26:20] Fairfax County Fire Department's hazardous materials program confirmed that some of the chemicals used to clean up spills and the foam used to extinguish diesel fires is hazardous to waterways and contains PFAs, more commonly known as forever chemicals. Moving the generators away from the Cub Run stream was considered a good idea by the battalion chief. The applicant will tell you that they will abide by all diesel storage regulations. Of course they will. They have to. But accidents happen. According to the EPA, each year thousands of oil, gas, and chemical spills occur on land and in water. Some from human error, some from natural disasters such as fires,

[05:26:58] tornadoes, and earthquakes. According to the Virginia Department of Environmental Quality, there have been 69 significant incidents from regulated above-ground storage tanks since 2018. And last July, a leak from a regulated generator in Germantown, Tennessee, contaminated the water supply for more than 40,000 residents.

[05:27:16] The threat to our environment and our drinking water is real. As confirmed by the county, there is no other facility storing this quantity of hazardous chemicals within 175 yards of our drinking water. So why are we willing to start now? Not requiring the applicant to move the generators to protect the Occoquan violates our resilient Fairfax policy and is simply not smart growth.

[05:27:39] Rezoning should be a benefit to the county, not a threat. I ask you one thing. Knowing that there is no other facility storing this quantity of hazardous chemicals next to our drinking water and knowing you can request a modification to protect all of us and the Occoquan, why would you not do that?

[05:27:55] Thank you. Thank you very much. Our next speaker is Warren Chang, speaker number eight. Speaker number nine is David Mewson, speaker 10, Cynthia Shang, speaker 11, Kathy O'Neill.

[05:28:11] If I called your name, please make your way down closer to the podium. Welcome, Mr. Shang. I'm Warren Shang. I live in the Pleasant Valley Development. Data centers are a vital industry, but like numerous other vital industries, it will have an impact locally and globally on the environment.

[05:28:27] So it must be planned and operated responsibly. All of these impacts must be well known so planning can accommodate and mitigate these impacts. Shoehorning this mega data center onto land that is near residential areas, a protected water supply, and that also requires a separate substation, is environmentally irresponsible.

[05:28:47] I attended a Dominion Energy open house where representatives expressed frustration that Fairfax County has a build-it-first, ask-Dominion-later approach to data centers. There I saw nearly six acres of RPA that will be destroyed to supply the data centers north of Route 50.

[05:29:03] The applicant contends less impact to the RPA than a dealership. But if you notice, no mention in both staff and applicant presentations of routing and the impact of transmission lines and a substation to the RPA and the surrounding areas. I'm hoping someone will bring that up to our panel of experts after the presentations.

[05:29:23] Even so, those plans lines will take up to two years to build north of Route 50, so what is your hurry for this application? Dominion and NOVAC have stated that data centers are driving demand for new infrastructure that they cannot keep up with. This demand is so massive that our governor withdrew from the Regional Greenhouse Gas Initiative so that Virginia can continue to rely on fossil fuels and pump more greenhouse gases into the atmosphere.

[05:29:50] Air quality is another concern for both options. The planning commissioners asked for an air pollution estimate for the planned 27 diesel generators, but has that been provided to you? Is it not enough that this board has allowed data centers by right in the county that you must add to the impact by allowing this unprecedented mega data center to be constructed here?

[05:30:11] Did you even know that Sully District alone has 4.3 million square feet of data centers under construction and that three new substations are required to power only them? Chairman McKay's website states the county's goal will be emissions-free by 2030, protecting the environment and addressing the effects of climate change.

[05:30:31] So why does the board keep approving applications that contribute to emissions and climate change? How are we expected to meet this goal by 2030? Supervisor Smith's website states to improve the health of streams and waterways to protect and preserve the county's tree canopy.

[05:30:48] advocating this seems contradictory to approving the rampant industrialization of the sully district i could go on with multiple quotes from your personal websites about your student stewardship of the environment but with the continuing rezoning of land to heavier industrial uses even when staff recommends denials as they did for parkstone i have to wonder if all those words are just empty promises remember sully district is not an island water and air quality issues in sully will impact all of fairfax no district is safe in conclusion this application is one step

[05:31:23] too far we must draw the line in the sand but the status center gold rush will affect all of fairfax we need you now more than ever to fulfill your promises to vote with integrity do the right thing for your constituents in the environment and do not approve this application as it is written thank you mr shay speaker number nine is david musen is david here is mr musen here okay again folks the closer you can get to the podium the better here uh cynthia shang speaker number 10 speaker number 11 kathy o'neill and speaker 12 fran o'neill please make your way down closer

[05:31:59] mr musen welcome hi i've been a pleasant valley resident for 34 years there's a proposal before the board to approve a high tube truck warehouse on a parcel of land on route 50 just east of pleasant valley road that road is a parking lot during the morning and evening rush hours driving 10 miles to the airport from my house in Pleasant Valley in the morning is a one to one and a half hour crawl approving this warehouse will add approximately 262 semi tractor trailers to the mix every day besides adding to the volume of eastbound traffic this warehouse will require westbound traffic

[05:32:37] to access the warehouse from the eastbound lanes a turnaround will be required a 45-minute drive around the airport to do so it does not seem cost The easiest closest place is the next intersection Pleasant Valley Road at Lafayette Business Center. This business park is not designed for the type of tractor trailer traffic that a warehouse will invite. Pleasant Valley Road is not very long. As shown in your crash data handout there were six accidents at Pleasant Valley Road Lafayette Center Drive intersection in 2023. This is double the number in the previous two years.

[05:33:14] Negotiating a turn in a large tractor-trailer rig seems to take a lot of skill. We've all been behind them as they've mishandled these maneuvers. At best, we've watched the rear axles move up and over curbs, destroying everything under them. At worst, we're stuck while the driver makes multiple moves to extricate his rig from the unfortunate situation.

[05:33:35] Of the estimated 262 trucks headed to the warehouse, 131 will be entering the business park to turn. A semi-tractor trailer is 70 to 80 feet long and 10 feet wide. The longest turn lanes in the business park are 180 feet.

[05:33:51] This is room for two semis and one or two unfortunate cars. A semi cannot make a sharp right turn while staying in the right lane. It will have to go wide and briefly occupy two lanes on Route 50. Because of that, a semi will be less likely to be able to turn right on red.

[05:34:09] This will back up traffic even further, especially rush hour traffic. Semi-tractor trailer rigs are noisy and malodorous. There's a daycare, a church, Montessori schools, and a birthing center in the business park, as well as other businesses that enjoy the quiet. One school has 90 children from one month in age to 12 years old.

[05:34:29] The day I took my head count, there were two ladies walking four sleeping infants down the empty street. Truck traffic will put an end to that. I found three existing Amazon warehouses in Fairfax County, two in Sterling and one in Springfield. Each warehouse is located in a business park with four-lane controlled access from all directions.

[05:34:50] I'm not a civil engineer, but Route 50 seems like a poor place to put a high-cube traffic warehouse. And this will not be the end of it. If this parcel is approved, our citizen committees will be right back here requesting road improvements, turn lanes, traffic lights, cross-meeting access, etc.

[05:35:10] Why approve something that is this silly? i had more but i just this silly song good thank you very much uh speaker number 10 and cynthia shang welcome i had some handouts hopefully you have them they have more detail than what i'm going

[05:35:45] to go to enter i should put that down okay i'm cynthia shang and i live in pleasant valley the green dot on this first uh screen is the first ever 110 foot tall data center this one the county's arc gis system confirms the two blue dots are the only buildings above 60 feet in land unit h the purple dot is the tallest building in the adjacent land unit and all the land units here

[05:36:16] are 0.35 far the data center's 0.8 far is more than double that of the entire area the 75 foot tall data center not yet online is the purple dot as shown here the proposed building is more than three story three office stories building taller and half a football field longer it'd be the tallest most massive building in the area inescapably visible for miles staff confirmed its height is unprecedented not only in this area but in all of fairfax unlike the two-story

[05:36:52] Renaissance data center. This is a three-story, more servers, more HVACs, more noise. The data center is really an 11-story building. It's 80 feet taller than the adjacent auto park buildings and eight times more massive. A month after the planning commissioner's hearing, a height test was finally performed. The top of each balloon is 110 feet, but they do not represent the enormous length or width of the building. This photo was taken by a woman returning from

[05:37:28] the vet. The clerk has the original because there was some question about it. The red lines were added on either side of the five-foot diameter balloons and the ruler at the top to help you understand that what you're seeing is only about three-quarters of the length. The building and generator yard is more than two football fields wide and more than two football fields long. As As Commissioner Old Felder said, this is massive.

[05:37:55] The sightline study confirms its visibility from homes in Pleasant Valley, but does the requirement to minimize the impact on neighboring areas not include these Loudoun County homes? Like electrical and water usage, the applicant has avoided revealing the true size.

[05:38:10] Mr. Jimenez reprimanded them for having an artist rendering instead of a 3D image. Because of this oversight, I doubt Supervisor Smith and staff were aware of the enormity of the building. Reducing the size preserves the area character, eliminates the threat to the aircraft, reduces the number of noisy HVACs and air-polluting diesel generators, and hopefully eliminates the need for a new offsite substation and transmission lines.

[05:38:39] Please honor your commitment to resilient Fairfax and CCAP. You can deny without prejudice and fast-track this to be re-heard. This is a rezoning. You have that power. I asked Supervisor Smith this. Why are you so willing to approve this application, especially without a reduction in height?

[05:38:58] Thank you. Thank you. Our next speaker is Kathy O'Neill, to be followed by Fran O'Neill. Matt Maisel and Scott Gorvett is speaker number 14. If I called your name, make sure you're down here near to give your testimony.

[05:39:14] Thank you. Welcome, Ms. O'Neill. I'm Kathy O'Neill, I live in Pleasant Valley, and I've been a realtor for 37 years. Let's talk about transfer of risk. Investors recently bought the land for the purpose of having the county rezone it so that their investors could reap huge returns.

[05:39:35] They took a risk. If the rezoning is approved, the risk is then involuntarily transferred to the local residents and business owners. These risks include risk to health, the environment, quality of life, and home values.

[05:39:53] As a full-time realtor, I want to touch on home value risks and the decline in the desirability of the area. I have four points. First, rezoning a property to a heavier industrial use and building a megastructure will increase pollution risks.

[05:40:12] We have three new data centers going in across the street from this one, and there is no agency to monitor the cumulative pollution. The nearest pollution monitoring station is 10 miles away from this site. Secondly, the sheer size would be so out of character to the air, and you've heard that from other people, that this would become an undesirable landmark.

[05:40:37] By the way, the FAA can recommend a height reduction, but it's powerless to enforce it. Number three, the height will set a precedence and the new substation will be an invitation so that our area all of a sudden will become a big data center alley.

[05:40:54] Again, this is not an attraction to buyers. Number four and last is buyers in our area are well educated and they're increasingly becoming aware of noise and other annoyances connected to data centers. There's no agency to monitor noise for the data centers.

[05:41:12] Many buyers will just choose not to take the risk and not buy in our area. putting everything together you can see a picture of a less desirable area for home buyers and a real possibility of lower appreciation are you willing to transfer these risks to the nearby residents and business owners data centers are necessary but they have to be positioned and located in the right spot rezoning this location to permit the tallest data center ever in fairfax

[05:41:46] county would be a detriment to both the citizens and the environment so here's the question that i would respectfully ask each of you is this rezoning really part of the legacy that this board wants to leave thank you thank you speaker number 12 is fran o'neill good evening everyone thank you very much for the opportunity to speak and thank you for your public service much

[05:42:22] appreciate it you all make difficult decisions we appreciate and respect that this should not be one of them and i'm here to represent of course our opposition to that and i'll start out with one basic question that I would have for you. Why is the original proposal so contentious?

[05:42:45] Why is that? And my answer would be, it's obvious, it's a massive overreach. Not a moderate overreach, a massive overreach. I'm referring to the 110-foot Empire State Building Data Center. Others have dealt with the traffic chaos shipping warehouse. And here's the principle I'd like you to just consider any effort to harmonize two inherently contradictory things results in failure or at the very best a perpetual oddity it's i guess a law a variation on the law of contradiction the point

[05:43:24] i'm making is that this 110 foot building is entirely out of character and in conflict with its location people seeing this i think would have a typical reaction something on the order of whoa what were they thinking it just does not fit and this perpetual oddity drops a you know it looks misplaced but it also drops a quality of life bomb on the area residents and people and while we're thinking out loud about that if I may say what if the owners wherever they might be

[05:44:01] of this property had said let's do this right let's have a great profit nothing wrong with that that's part of the whole mix. But let's also consider the impact on area residents and businesses and let's not leave controversy, conflict, chaos, confusion, and a boatload of other negative impacts and various assorted garbage in our wake on the backs of our neighbors just to squeeze out that extra bit of profit. Suppose they had done it the right way. I would ask you, are the benefits

[05:44:35] so compelling, so overwhelming, that you are ready to override the many impacts and risks that you've heard about? Let me end with a quote and a paraphrase. The quote is from the great British abolitionist Charles Spurgeon. It's one of the most glorious quotes in the English language, in my humble opinion. He said, do not wrap me in chains and tell me the jingling I hear is the sound of music and my paraphrase to that would be do not wrap our citizens in mislocated monster

[05:45:14] sized buildings clogged and dangerous traffic patterns industrial noise environmental dangers and who knows how many other unanticipated consequences and call it progress at the very least please adopt our good faith and common sense modifications thank you thank you our next speaker is Scott Gorvette. He'll be followed by Stephen Cholick and Tyler Ray. If I've called your name, please make your way down. And welcome. The floor is yours. Supervisors, thank you very much for

[05:45:50] having me here. My name is Scott Gorvette. I'm a 25-year citizen of Chantilly, Virginia. I'm asking you to vote no on special application number below in my presentation that's being handed around. Supervisors, I feel sorry. You're not supposed to be in this position.

[05:46:07] You got boxed in by a 100-day rule. Your planning commission asked great questions. At 12 o'clock at night, the citizens deserve better, but they left cutting room questions on the floor. It couldn't be advanced. The same application is now being used behind that by very nice people trying to do as much as they can, but they're using the one rule against you for one year voting, yes or no.

[05:46:30] we're asking you to say no and send this back around it's clear ask for why why do you want to do this and what's in it for you give your planning commission another shot let them ask the good questions that were left unanswered let them do the role for you then putting the pressure on you give the supervisors one more time to look through the fairfax county report that just came out of the guidelines avoid the media of the politics of this year supervisors what is virginia for data centers or Virginia's for lovers?

[05:47:02] Lead the county into a data center improvement area as Virginia's leading the way in 80% of the data centers in the country. The citizens since the 100-day rule have done monster work for you supervisors. We came together, 500 homes in Pleasant Valley, when the country can't even decide what to order and breakfast.

[05:47:20] The Sully District Council said no. The Western Fairfax County said no. Virginia Rum said no. The Piedmont Coalition said no. The Sierra Club said no. The media has asked why. Why do you have to change the entire character, and what benefit do we get out of this decision?

[05:47:39] My next page. I'm asking you to vote freely. Move away from the consideration of one supervisor, one rule. It's like the Lord of the Rings. One vote for all. Move away from it and use your decision freely to lead the county, lead the country, lead the state in best practices around data center construction and citizen protection.

[05:48:02] Vote no on this application. In conclusion, there's an old story. The citizens of Pompeii, once the Romans, you know them, they all learned too late living next to the tallest buildings in their community, a.k.a. a volcano, cost them dearly.

[05:48:21] It produced smoke. We'll see it daily, we're going to hear it daily, and we're going to touch it daily. It caught on fire. Diesel fuel. It shook the ground. Generator noise. 30 of them. maybe more. It frightened the citizens. Chrome value loss. There isn't one answering machine at Weikert that's saying, oh, please, I'm from Illinois. I'd like, where do I move? I want to move closest to the neighborhoods near data centers. And we all know how Rome ended that.

[05:48:54] Please don't make Chantilly the next volcano center. It's 110 feet. Thank you kindly, supervisors. Vote no. Send this back around. Do yourself a service. Respectfully. Thank you, Speaker. Number 15 is Stephen Chulik. Mr. Chulik is here to be followed by Speaker 16, Tyler Ray.

[05:49:14] Good afternoon. Good afternoon, supervisors. My name is Stephen Chulik, president of the West Fairfax County Citizens Association and a member of the coalition consisting of members of the organization Save Pleasant Valley Virginia Run Homeowners Association and Sully District Council of Citizens Associations.

[05:49:44] I'm speaking to voice two requests of our coalition. We strongly urge the Board of Supervisors to take the following actions regarding these applications. Deny the high-Q parcel warehouse option. Approve the data center option with the stipulation that the building be limited to a height of 60 feet.

[05:50:04] The coalition objects to the HICU parcel warehouse because of the high volume of truck traffic that is anticipated and the tortuous entry-exit of those trucks on the secondary roads adjacent to the residential communities. Such traffic would be a significant source of noise and air pollution to the nearby residential communities in both Loudoun and Fairfax counties.

[05:50:27] It would likely hinder traffic flow at these intersections and would perhaps be a source of frustration to other drivers. Regarding the data center option, the coalition objects to having the installation of the tallest and first-ever three-story data center building in Northern Virginia constructed at this location.

[05:50:46] The people of Northern Virginia have been overwhelmed by continuous news about data centers, and I would point out, too, recently in Prince William, The Devlin Technology Park, a data center built within feet of a townhouse community on land previously zoned residential.

[05:51:05] And the Digital Gateway, a 37-building, 23 million square foot data center complex on a 2,100-acre rural parcel next to Manassas Battlefield Park. The Sully District has seen the addition of 4.3 million square feet of data center development in the last two years.

[05:51:25] So many data centers that Dominion Electric cannot power them all. One might argue why there are so many data centers occurring in other, excuse me, one may argue that many of these data developments are occurring in other counties.

[05:51:41] They are occurring disproportionately in our state in general and in our area in specific. There's a gold rush going on here leading to poor decisions that have changed the whole character of our area. Northern Virginia is becoming an industrial park. Because this site is too small for a campus, the application specifies a three-story building, 644 feet long, 230 feet wide, and 110 feet high, 402,000 square feet.

[05:52:11] It would be almost half the size of the nearby four-building NRO headquarters, or one-fifth the size of Tyson's Corner Mall. The balloon test has shown that the building would loom over the tree line and would be visible for miles.

[05:52:29] The average data center is about 100,000 square feet. This building would be four times that. It is just too massive. The application is asking for the moon and the stars. We do not wish this monument to the Internet to be located here.

[05:52:47] Such a building should not be built where it is proposed, next to a stream in residential communities. Its size is a thumb in the eye to the people who live here. Its height dramatically increases visibility and crosses on the airport's flight path. Throw a bone to the community, offer the applicant just the moon, and reduce the size of this monstrosity.

[05:53:07] A reduction in size would reduce the required HVAC in associated energy consumption, noise, generators, and associated fuel storage, and the risk to the Cub Run and Occoquan. We have heard the argument that Fairfax County needs additional tax revenues but lacks suitable sites that are available in Loudoun County and Prince William County.

[05:53:32] Considering this, one might reasonably question whether such a building should be built here at all. As you are aware, this is a rezoning request. The board has the right and power to say no or request modifications. You have the power, and we are asking you to use it. The coalition is not attempting to stop construction.

[05:53:50] We have respectfully requested a reduction in size. We now strongly but respectfully request the board limit the size of the building to 60 feet. Thank you for your kind attention. Thank you very much. speaker 16 is tyler ray it's tyler ray here tyler ray is uh president of brent point homeowners association has five minutes welcome thank you uh good evening thank you to the board of supervisors for the opportunity to speak with you today on behalf of the brent point homeowners association we're a 97 home community in the brenmar section of the mason district right across

[05:54:25] from the alexandria city line i also wanted to congratulate our new supervisor for being a fresh face on the board. We look forward to working with you. We are a community that is under continued threat of data center development at the Plaza 500 property right next door, and we share the concerns of the speakers that you have and will continue to hear from tonight on the impact of data center development on residential areas throughout the county. It's in that context and that I'm speaking with you tonight. I'd like to first commend you all and the county staff on the completion of the just-released data center report and recommendations. I'm encouraged to

[05:55:01] see recommendations that once acted upon by the board will protect residential areas from potential negative impacts of data centers. And while it was encouraging to hear from the developer to see them making some of the recommendations, it shouldn't be up to data center developers to decide which ones they do and don't agree to. We need permanent ordinances and changes to the comprehensive plan before this and other data centers are approved. And I'm here today to support the concerns you've heard from residents near the proposed data center and to emphasize that your decision here today doesn't just impact the residents of Soli District. It sets a precedent for all of Fairfax County and

[05:55:39] has the potential for environmental and other impacts throughout the county. My ask is that you do not approve or support this data center application or any data center development either through continuing applications or by right until you've taken action to adopt the proposed changes to amend the comprehensive plan zoning ordinances noise ordinance and other chapters of the county code with provisions that give meaningful effect to the county staff data center recommendations i hope you'll inquire from county staff tonight whether the recommendations within the data center report whether there are recommendations that this applicant has not met that would be an

[05:56:18] enlightening for the public to hear i leave you with these two kind of questions to ponder if the urgency of these recommendations are so critical that the board repeatedly asked county staff to expedite the report why would you move forward with the application before you today until you have implemented the proposed recommendations and second if you move forward with the application today what message does that send county-wide to data center developers about the seriousness in which you are taking these recommendations what gives what guarantees do we have as a public that this will also apply to other data center applications

[05:56:53] thank you thank you somehow on my sheet we skip speaker 13 Matt Maisel is Matt here Matt if you're here you can testify at this time of the speech written I'm Matt Maisel I live in the Pleasant Valley neighborhood the warehouse single right turn only entry exit forces highway truck traffic on the secondary roads within 300 yards of our homes and a hundred feet from Loudoun County homes

[05:57:21] By bringing hundreds of diesel trucks a day, all day and night, every day and night, to our doorsteps, you are willingly risking our health and safety from constant noise, air pollution, and traffic congestion. Nowhere in the staff report was this ever considered.

[05:57:37] Nowhere. The applicant tried to pivot once we raised these concerns. He then suggested trucks could go up and around the airport. Get out of here. The airport. What trucker in his right mind is going to drive 40 minutes out of the way to make a turn? Now, considering the left turn from Route 50 to Pleasant Valley, even though it's two lanes and over 1,000 feet long, it's known as the forever light.

[05:57:59] If the warehouse is built, it will be considered the eternity light. And if these truckers catch wind of this, they're just going to go to the next light, which guess what the next light is? That's Loudoun County. And I guess one of my questions to you guys would be, has the applicant or any Fairfax County staff communicated with Loudoun County supervisors to let them know that this plan could easily bring an endless stream of tractor-trailer traffic to their county?

[05:58:22] Everyone is acting like the warehouse will never get built. If that is the case, why are you leaving it as an option? The applicant has made clear that their client is not willing to reduce the height of the data center, so if the FAA demands they do or the soil proves unsuitable for the massive building, then we're stuck with the warehouse. Rezoning requires, and I quote, neighboring properties will be protected from adverse effects of the proposed development to include vehicular access.

[05:58:45] We are not being protected from the adverse effects. We are being fully exposed to them. This is a rezoning, so you have the power to deny one or both options. You have the power to protect us. Please stop ignoring the warehouse. It's an option. It's a real option. It's a real bad option. If you had a family that lived here, would you approve the rezoning to build this high-Q parcel warehouse?

[05:59:05] I asked my supervisor to answer this. If the county is only going to receive $330,000 in taxes for the warehouse, is our health and well-being so valueless? You have the power to protect us to deny the options, so why don't you? That's what I promised my community I was going to say, and now I'm going ad lib.

[05:59:20] Do you know that the first architectural drawing submitted by these guys says not to scale? Do you know that the second sound study that they did, they ran their drone into a geofence for Dulles Airport? my god what does that say people and some of you guys are gone i mean does anybody really care this is uh you know this guy i i was here for the the two presentations before and there was like a max of two powerpoint slides this guy's got 50 why because he needs to because the community has brought things up this is smoke and mirrors if you brought him back up i could debunk it i was

[05:59:57] here in october and their site study the one of the main differences about the site study it does not depend on the rpa to be a site uh a a visible barrier between it and the thing it depends on the trees in our own yards so that means when it's winter it comes down and you know what when they were back here in october they submitted that picture i debunked that they left a tree in there to guard i bring bring it back up let's discuss and you know what you guys cannot really tell me that you're carefully considering this and this is too much for any human to consume in one night You guys probably spent more time figuring out which car you're going to buy.

[06:00:36] Thank you for your testimony. Speaker number 17 is Julie Bolthouse, who has submitted video testimony. Virginia is undergoing profound economic, environmental, and technological changes, all centered around the activities of one industry, data centers.

[06:00:53] Data centers are the backbone of our modern technological world. They enable everything from watching Netflix on our TVs to huge companies training artificial intelligence models. Northern Virginia has the largest concentration of data centers anywhere in the world, and while there has been some financial benefit to particular localities, the explosive growth of this industry is bringing massive costs and risks that will fall on the people and environment of the state and region as a whole.

[06:01:18] We need to start taking account of these hidden costs and stop subsidizing the infrastructure needs of the biggest corporations in the world. Northern Virginia already has the largest concentration of data centers in the world. At the moment, it's home to just about half of all U.S. facilities, and yet the data center market here is still growing faster than anywhere else in the world, driven in large part by the boom of artificial intelligence.

[06:01:41] With these new facilities comes a huge increase in demand for energy upgrades, extensive acreage, and lots of water to operate. This explosive growth is threatening to derail our efforts to meet critical climate goals, maintain reliable and affordable power, protect air and water quality in state and national parks, and to conserve land.

[06:01:58] development's been going on in our area for a long time it really wasn't concerning initially because we had planned for the growth in an area that already had existing infrastructure for that growth but recently during the pandemic we saw a much faster growth rate of data center development well big announcement for louisa county today amazon web services will build a pair of new data centers there. Yeah total investment about 11 billion dollars. Billion with a B. In Virginia itself there's over 300 data centers and in Loudoun County in particular on the east side

[06:02:34] and data center alley we have close to 150 160 data centers with more in the pipeline for approval. There's there's not really a comprehensive policy on any level that's looking at the cumulative impact of these data centers. The on the ground impact of data centers is is the land that they take up, but it's also the electrical infrastructure to power them. Data centers use a staggering amount of electricity. New proposals are averaging between 60 and 90 megawatts per facility.

[06:03:05] For scale, a single 60 megawatt data center building will use the same amount of electricity as roughly 15,000 households. Even if a data center's large roof were covered with solar panels, it would only produce a small fraction of the power needed. When data centers are proposed in Virginia, their applications are considered and approved solely by the county, city, or town that they'll be built in. The locality considers each application individually on its merits, how much tax revenue it'll generate, how it will look, the specifics of its design, and then they make a decision. Taken individually, a single new data center might not seem like it has far-reaching impacts, but one has to look at all of the facilities being approved across

[06:03:44] the region together to get a true sense of their total cost. However, there is nobody at the state or federal level keeping track of all the proposals and the cumulative impact that dozens or even hundreds more data centers will have as they come online. So as much as data centers will say that they're carbon neutral, their existence puts a lot of different renewable energy goals at risk.

[06:04:05] Most places energy usage is going down or staying flat because of increased energy efficiency. In Virginia, it is spiking up in Dublin, and that's solely as a result of data centers. Over the next 15 years, Dominion forecasts that it will need to produce twice as much power as it currently does.

[06:04:21] Nearly an additional 23 gigawatts in order to cover the demand of current and future data centers. That is equivalent to more than 5.5 million households, or 12 North Anna nuclear plants worth of additional power, just for data centers. And now what we're seeing is this increased demand is not going to be filled with renewable energy.

[06:04:40] It's in fact going to be filled with natural gas facilities. So who's paying for all of this? In Virginia, upgrades to the electrical grid, namely transmission lines, substations, and generation facilities, are not paid for by the specific company that requires the upgrade, but instead by all Dominion rate payers.

[06:04:58] That's you, me, our neighbors. When we pay our electric bills each month, we are giving a direct subsidy to multi-billion dollar companies like Amazon, Google, Meta, Microsoft, and Apple. I don't know about you, but that doesn't really feel fair. As new technologies that require ever-increasing amounts of computing power are developed, The key question is how can we ensure that this is done sustainably?

[06:05:21] There's very little regulatory oversight of this industry, and we know that there is so much at risk. Unless higher sustainability standards and more oversight are put in place, today's soaring demand for computing power will inflict huge costs on our society and our environment. We are now on speaker number 18, Jessica Grove. Is she on the line?

[06:05:44] Ms. Grove, can you hear me okay? I can hear you. Good afternoon. Welcome. My name is Jessica Grove, and I am actually a Prince William County resident, and I live very near to the Prince William Digital Gateway. And I implore you to listen to the citizens that are speaking to you tonight. Data centers are taking over our local area of Northern Virginia, and they are running rampant. And it's not only affecting the citizens here, it's affecting

[06:06:16] everybody to West Virginia. If you ask a citizen of Charlestown, Maggie G, there is a transmission line that is going to be upgraded that is in her backyard. They are going to take most of her farm land. She's not going to get a tax break. She's not going to get a benefit. They're going to take her land and no one's going to give it a second thought. So it's not just the residents of the Sully District that we are impacting here by the decisions that you on your Fairfax County board the Prince William County Board, and the Loudoun County Board are making.

[06:06:57] You are making decisions for the entire state and the entire region. And I implore you to take that into consideration. You are going to greatly reduce the quality of life of the people living in Pleasant Valley.

[06:07:13] And they are telling you that. And I believe you need to listen to them. Reduce the height if that is what is satisfactory to them. Make the traffic situation okay. But this 110-story-foot building in a resource protection area for the water that's going to serve much more than just the Sully District, it affects everybody in the region.

[06:07:38] And I implore you to deny these rezoning. Thank you. Thank you. Speaker number 19 is Clyde Miller. And after Mr. Miller, Aaron Gagnon, to be followed by Ann Bennett, to be followed by Craig Blakely.

[06:07:58] If I called your name, please make sure you're down here close to testify. Mr. Miller, welcome. The singular significant benefit of a data center for county residents is increased property tax revenue.

[06:08:18] If this were a proposal for a town center, as an example, benefits would include an addition to tax revenue, housing, retail opportunities, jobs, amenities, et cetera. A lot of benefits for residents. But the county allows data centers only to get the money.

[06:08:34] That's it. And we have plenty of customers, plenty of applicants that would be happy to build data centers in Fairfax County. There's no compelling reason to approve this application. While the money is good, data centers incur costs and daunting environmental risks.

[06:08:51] Data centers consume electrical power measured in the hundreds of megawatts and consume water measured by millions of gallons per day. And county residents are expected to shoulder some costs of the necessary infrastructure. Once in operation, a data center cooling system never stops making noise, and quite a lot of it.

[06:09:12] If the electrical power should fail, centers are allowed to run their diesel generators as hard and as long as necessary to keep the centers running, no matter the consequences for air quality. And to support the generators, they may be allowed to store diesel oil measured by the tens of thousands of gallons on site, even when the center is located in the watershed of a creek feeding a drinking water reservoir.

[06:09:38] Currently, certainly, the county should allow data centers where they can be compatible. At the same time, given the costs and the risks, the applicants we select must be worthy of our trust.

[06:09:54] trust that they will respect and care for our communities and our environment the board of mason district council does not trust this applicant during the planning commission hearing we heard the frustrations of pleasant valley neighbors who repeatedly had asked the applicant for basic information they believed to be essential for understanding consequences of the proposal the apparent attitude of the applicant was that neighbors have no need to know

[06:10:25] During the Planning Commission hearing, one speaker from Pleasant Valley referred to the applicant as the in-your-face applicant. The Board of Mason District Council does not support such applicants. They set a dangerous precedent that applicants can disrespect our communities.

[06:10:46] A second reason for distrust is the wording in the proffer for the all-important post-construction noise analysis. That wording is perfectly ambiguous. During the planning commission hearing, the applicant referred to post construction activity as an analysis, not as analysis, but as noise testing. Noise analysis is done with computer models and lots of assumptions. Noise testing is done in the field with sound pressure level measurements and the data center appropriately configured, for example, with the cooling system

[06:11:21] and all generators operating at full capacity. When the applicant speaks of noise testing, One naturally expects that certification of compliance with proffer noise standards will be demonstrated by real-world measurements in the field. But the nine-line proffer statement refers to post-construction activity as an analysis in two places, a study in one place, and a test in one place.

[06:11:49] The proffer should be rewritten to speak only of testing. As written, the proffer gives the applicant an escape route via analysis. An additional noise issue that should be resolved is the testimony of Dr. Bourne that we recently heard just a few minutes ago.

[06:12:07] The county should respond to Dr. Bourne's paper in a letter to the Pleasant Valley community assuring the Pleasant Valley community that their exposure to noise will be tolerable.

[06:12:25] Subject application should not be accepted. The environmental risks of this data center really are daunting, and this application is riddled with critical unknowns and ambiguities. Residence history with this applicant argues that these issues must be better resolved prior to moving forward, if at all.

[06:12:50] The money is not worth the risks. Thank you. Thank you. and we are on speaker 20 Aaron Gagnon if he is here is he here you are here okay we have 22 speakers signed up in advance if you're here to testify and you have not signed in please make sure you come down here to the clerk and sign in at this time Aaron welcome the floor is yours thank you chairman McKay thank you supervisors for the opportunity to speak up and hopefully be heard by our elected officials my name is Aaron Gagnon my wife and I have lived in

[06:13:28] Pleasant Valley for about eight and a half years. I'm here to humbly ask you to vote no on this data center warehouse proposal. I'm asking you to understand and value the people in our communities and protect our precious and finite natural resources. There is too much of a focus on unsustainable development just to make a quick buck and trying to continue to build, build, build.

[06:13:51] We are running out of forest. We are running out of habitat and that is unacceptable for our future. We need trees for oxygen, for shade, for stormwater management. We have a right to clean air. We have a right to clean water. Please allow us the freedom for peace and quiet in our neighborhood so we can be able to raise our children and enjoy our lives.

[06:14:12] You can see up on the screen, this is a view from my deck and what our neighborhood deserves. Our citizens in northern Virginia are tired of data center blight and unsustainable development.

[06:14:29] You can see these massive diesel tanks and generators and just complete clear-cutting and destruction, how does this help anyone's property values? More data centers equals more pollution from Dominion Energy, which will need to build monstrous substations, burn more fossil fuels, which according to most of your websites, you are against pollution. You are wanting to try to mitigate climate change. Approving this data center will do the opposite. I'm asking you to weigh the testimony of the people more than that of the applicant. We don't have 60 hours a week.

[06:15:09] We don't have millions of dollars to fund consultants and lawyers on top of lawyers that the developer has. It is astonishing that you will give a developer during your county meeting, Supervisor Smith, much more time than you allowed the citizens to speak, and you cut off the time that we were allowed to speak and the number of people that were allowed to speak there.

[06:15:32] We are trying to help you think long-term and sustainably. We want the county to grow, but we want it to grow in a sustainable way. Before making the decision and voting, ask yourself, will tearing down these trees help for the development make pollution better or worse? Will all the power lines needed make pollution better or worse?

[06:15:50] Will all the chemicals for all of the concrete needed to build this data center or warehouse worsen or improve climate change? One thing that hasn't been asked is what is it actually going to be used for? Is it going to be used for any cryptocurrency or crypto mining? Cryptocurrency is one of the biggest pyramid schemes that our country has allowed, and it is all going to fall apart, and you can approve that.

[06:16:11] And I don't understand why you would consider it. The applicant and other data center developers are creating a need that does not exist. There is plenty of data centers available already, and we need to put a stop to unnecessary and unsustainable development.

[06:16:28] Thank you. Thank you. Speaker number 21 is Ann Bennett. Is Ann Bennett here? Ann Bennett is here. to be followed by speaker number 22, Craig Blakely. And Ann Bennett is representing the Sierra Club Great Falls Group and has five minutes.

[06:16:43] Welcome. Thank you, Mr. Chairman, and welcome to the new board members. The accelerated growth of data center industry has us deeply concerned. Unfortunately, this SCRZ does not incorporate adequate clean energy and sustainability measures, and we believe that without more significant mitigations, This approach undermines the county's CCAP interim goal of 50% cut in emissions by 2030, which is just six years away.

[06:17:12] With new computing and cooling demands of AI, data centers will require far more energy, and they are the reason that there is such pressure on the grid. The landscape of negative impacts is far different than it was just a couple of years ago and with previous approvals.

[06:17:30] One large data center can equal the power consumption of 50,000 homes, and perhaps someone can share the anticipated load requirements of this proposed data center. By comparison, the Virginia Offshore Wind Project is expected to power 660,000 homes, enough power to equal approximately just 13 data centers.

[06:17:56] There's a graphic that I shared with you. I hope you have it. The data center industry in Virginia achieves a peak metered load of 2.8 gigawatts. You can see on the visual how sort of out of sync Northern Virginia is with the world in this and how much, and it's now expected to be 13 gigawatts by 2038.

[06:18:17] And this proposed data center and many of the campuses downstate are not part of this projection. The PC video said 23 gigawatts, it could be, we don't really know. Now the industry already consumes a stunning 22% of Dominion Energy's total energy supply for Virginia.

[06:18:37] This data center growth is driving Dominion's reliance on new fossil fuel generation and is projected to double state greenhouse gas emissions. Loudons are up 50% already due to this sector.

[06:18:53] So we already see a direct line from data center growth to new fossil fuel generation to increases in carbon emissions. All stakeholders have a role in fixing this energy problem, including local government. It's not someone else's problem, it's impacting us all.

[06:19:09] So especially with the added density of this application and asking for a special exception, and as mentioned in the data center study, we ask that you require that the applicant commit to and secure new renewable energy sources of electricity to help meet the increased energy demand.

[06:19:27] This helps clean the grid and protects ratepayers from bearing the burden of costly infrastructure investment needed for these private companies and this applicant. We ask that you avoid the use of unhealthy diesel fuel for backup generators.

[06:19:43] If we prove this data center would become part of a growing corridor of thousands of diesel generators from Western Prince William through Western Fairfax to Eastern Loudoun where there are over 4,000 already. Prince William is likely to surpass Loudon at full build-out, putting Fairfax air quality and the region in jeopardy, especially if there is a power emergency.

[06:20:07] Instead, to cover the backup power, we ask that you require onsite microgrids with solar and battery storage to at least cover backup power. From what I can tell, there's no solar required by the applicant for either use.

[06:20:23] Why would we be talking about an application with no solar in 2024. Good news that there are increased EVs parking spaces. We also ask that you substantiate renewable and total energy use with reporting requirements and make the information public. On green buildings, we appreciate there is a LEED silver requirement. It is our understanding that that does not ensure that the building will be energy efficient. What do you expect the energy efficiency performance to be with this building? Why not platinum? A better

[06:20:59] benchmark would be to have this data center perform in the top 10% nationwide for energy and water efficiency. We suggest that thermal heat should be captured for beneficial reuse and releases into the atmosphere should be eliminated. In terms of water, the increased use of liquid cooling needed for AI will put additional strain on the region's drinking water supply. We suggest impact studies moving forward since we don't really know how what kind of technology this data center will be using concerned about the RPA and the

[06:21:36] and diesel fuel and I hate to say RPA and these and data centers in the same sentence but here we are I just was wondering if the trail is going to be paid for by the applicant if someone could let us know that anyway I'll finish up by saying data centers are inherently unsustainable Fairfax County cannot say that it intends to meet at CCAP goals on the one hand yet approve projects like these that are going to increase carbon emissions we urge you to make significant modifications to this application and look forward to working

[06:22:12] with you to strengthen data center guidelines thank you thank you speaker number 22 is Craig Blakely good evening mr. chairman members of the board I'm an attorney with an active land use practice, including representing several plaintiffs in Prince William County who are now in court fighting the massive data center project there known as the Digital Gateway.

[06:22:44] Because of the education and familiarity I gained about data centers through participating in that litigation, I felt compelled to appear today in support of the Pleasant Valley residents who are opposing the proposal. I should note, though, that I'm appearing here today, notwithstanding my legal background and experience. I'm appearing as an individual, not as an attorney representing anyone, so I speak only for myself. My views are my own and no one else's. As several speakers have said, data centers are necessary. There's a growing need for computing power on the internet. Certainly the growth of

[06:23:21] the virtual world, the meta environment that we've all heard discussed, increases the need for online computing power. But the question, as Clyde Miller pointed out, is where to put those data centers. this is the wrong place for a data center. The location has to be chosen with care because they can be very disruptive, particularly when they're located in an established residential area or near an established residential area, such as would be the case here.

[06:23:49] They use large amounts of land. They have 24 by 7 air conditioners that they require for their operation. They consume enormous amounts of energy. They have the potential to pollute nearby water streams, water sources. If I were living in this area, I would undoubtedly be in court if you were to approve the current proposal fighting.

[06:24:09] But I'm not in the Pleasant Valley area. Nevertheless, I think strong deference needs to be given to the residents who reside near and who would be affected by the data center because they, after all, are the ones who are going to have to live with the consequences of this data center after you act.

[06:24:27] if you approve it, they will be the ones, they and their families will be the ones living with the consequences for several years. In this case, the coalition of people who live in the neighborhood have made common sense suggestions about how to make the data center at least more acceptable and reduce the adverse consequences that would result to their neighborhood.

[06:24:50] So if the Board is inclined to approve the proposal, I urge it to do so only with the common sense modifications urged by the save the valley coalition and others under those circumstances i would be willing i guess to concede that the uh data center could be approved but only with those modifications and certainly not in its current formulation thank you thank you i have a speaker who signed up speaker number 23 christopher christopher bell okay and christopher bell is the last speaker i have signed up if you still want to testify and you have not already

[06:25:26] spoken, please come on down and sign in with the clerk. Mr. Bell, welcome. Hi, good evening. So I moved to the Pleasant Valley neighborhood when my parents moved from California in 1993. So I've been here for 30 years. I ended up moving out, obviously, when I got married, moved to other locations within Fairfax County. And then I moved back, back to Pleasant Valley with my wife, who also lived in Pleasant Valley. We now have two children who are growing up in Pleasant Valley.

[06:26:00] In that 30-year period, I've seen a lot of change in that surrounding area. I remember when areas around the Pleasant Valley Road were a sod farm and horse farms. It's now full of churches. It's full of business parks. It's full of other housing neighborhoods. The Dulles Auto Park was built.

[06:26:20] Now there's data centers along Route 50, massive power line and transmission lines that are also going down Route 50. And now you're talking about building the biggest, no matter what they say, it is the biggest data center in Fairfax County. All of the requirements that they have stated that they're going to be using for this data center are based off of today's needs. Computers change over time. I know. I work with them every day. The power requirements for the processors that are in these computers that they'll be putting in these data centers, in the last 10 years,

[06:26:59] those power requirements have doubled. Technology improves over time, but that building is going to stay the same size, which means that they're going to be able to cram more processing power, more power requirements. Those processors are still going to take more heat, which means it's going to have to be vented, which means it's going to be cooled. Those AC units are going to make noise. And if they have an increased heat requirement to get rid of, they're going to need to get rid of it somehow. And that noise is going to go up. But what's to say that they're not

[06:27:32] going to ask for more capacity to to remove that heat 10 years from now i'm not worried as much now as i am i i want to live there again for another 20 years with my family so yes it is going it's going to be an eyesore regardless of what you say or what you think and what they say that balloon again sure it's one little blip in the scale of that building it is very hard to find such a dot in a massive skyline but if you build that building in that massive skyline it's not going

[06:28:08] to be a skyline anymore it's going to be a building we use computers every day and data centers are needed i won't deny that again i use them every day as do you i also use the bathroom every day but i don't want to waste treatment plant in my backyard so thank you okay um that brings up uh the end of our listed speakers here today uh is there anyone else in the auditorium who wishes to testify on this matter anyone else who wishes to testify on this matter this is a

[06:28:45] public hearing I'm not seeing anyone else let me ask the clerk if we have anyone who has called in there are no callers there are no callers at this time we'd welcome a rebuttal from the applicant just want to respond to a couple of things so one of the speakers said that the data center industry has taken a real build it first then talk to dominion later approach I can assure as Kathy Smith knows I want to show the other supervisors this is not done in a vacuum we we didn't my client didn't buy this property without doing quite a bit

[06:29:23] of due diligence and having more than a few conversations with Dominion and while I don't think the community will ever be satisfied that there's enough planning and effort going into this we're very comfortable that Dominion is up to the task of supplying the power we've we've had conversations about the substation that they propose to build that they're building regardless of whether our data center goes here or not that we're going to tap into we've entered into a contract to design study how those underground conduits I mentioned would come from this substation to our site so that's that's point number one the second one one of the speakers mentioned that FAA is is

[06:30:02] powerless to enforce any kind of height restriction I can I can attest that that is not the case. We have proffered to say that if FAA wants a shorter building, we'll build a shorter building. I say again, they have repeatedly told us they don't think that'll be necessary, but that proffer is in place and is very enforceable. And again, happy to answer any questions you have. Thank you. Okay. Thank you very much. Before we get to questions, let me

[06:30:36] ask our staff if they have closing comments or a recommendation yes thank you on September 20th the Planning Commission recommended approval of the application and staff concurs with that recommendation okay thank you very much at this time let me open it up to questions that board members have either of staff or of the applicant some of these I'm going to start on this side this time supervisor Herdy yeah I'll save my comments for a little bit later but I want to start by thanking the applicant for coming out and meet with me.

[06:31:15] I thought that was a very, very good meeting. One of the things that we discussed, interestingly, is how storage facilities used to be big, ugly things that we didn't want anywhere. And now we, you know, the storage industry, you know, industry has come along to where they're not so ugly and they can look like office buildings and look like they fit in places and communities.

[06:31:41] So we discussed a little bit, as you'll recall, why can't data centers do that, and why couldn't there be glass or whatever on the front? Do you want to share your response to me? And it's a lead versus looks kind of question, but I think that as we go, regardless of tonight, as we go forward with data centers, because we're going to have them, I think this is something important for the board to hear.

[06:32:10] It was certainly something for me to hear, but go ahead. Yes, absolutely. Thank you, Supervisor Herity. We have presented conceptual elevations. It is what it is. I mean, it is at the end of the day, whether it's a warehouse or a data center, it is a little blocky.

[06:32:29] We have tried to introduce some elements to soften that a little bit. To your point about glass, we have introduced that on the parts of the building where people come in and out. There is a challenge with glass.

[06:32:45] We've heard a lot about the competing interests here tonight, concerns about the environment. One reason why you don't see a lot of glass on data centers is for energy efficiency purposes. believe it or not uh there's also a consideration uh you know wildlife was mentioned uh you have a big glassy building as anybody works in an office building knows sometimes birds uh mistake glass for sky so you know those are some of the elements that that limit the glass um but at the end of the day the end user my client um hopes is going to go into this uh this what we hope is going to

[06:33:21] be a data center uh has has a good track record of trying to make their buildings as attractive as they can and I have no doubt that's going to occur here okay thank you thank you for that and I hope we do get something that's a little more attractive than most second question was more for staff unless you want to jump in and answer this that the traffic diagram for the warehouse model has traffic going down making the left and going through the business park is is that the only option and did we do a traffic analysis on that and what does

[06:33:56] look like and how is that acceptable yeah I'll toss that over to Danny Barlow or Mark Dreyfus from Fairfax County Department of Transportation hello Danny Barlow Fairfax County DOT a traffic study was not conducted for this site as the trip generation did not warrant one and the diagram provided by the applicant for the turnaround in the business park was found to be acceptable by staff okay so we've got a bunch of semis running through a business park you want to go ahead go ahead I'll listen to you so I so I one of the

[06:34:33] speakers earlier said I had 50 slides believe me I never want to come to you guys and subject you to 50 slides but this is another one of the you know issues that's been raised we this is an example of no good deed goes unpunished we as was just stated we didn't do a traffic study because as I said in my presentation this is a drastic reduction in the number of trips you heard tonight they're still concerned about yeah there's way fewer trips but they're semi tractor trailers so we tried our uh engineers wells and associates uh who've been in business for decades and you

[06:35:08] guys are all very familiar with them appearing speaking uh on on traffic issues modeled some potential uh truck routes uh that could that could come we don't anticipate a lot of trucks driving through lafayette business park however we did show that as a possibility because it was brought up that people were going to have to make u-turns on pleasant valley drive so our engineer you know sketched out some uh some few a few possible routes one thing that we've said in the community meetings is that we are not logistics centers center operators but we do know that the

[06:35:46] the potential users of such a facility do an exhaustive analysis about how to find the most efficient uh way to direct their drivers to get to and from uh the warehouse and they're not in despite what you hear they're not in the business of paying people to sit in uh the intersection of doom or whatever it was described they they do look at this very carefully and if they conclude that there's not a good efficient way to get in and out of this uh facility if it were a warehouse you know that they're they're not going to come thank you for that okay and i'll save my comments

[06:36:26] for later. Okay. Other questions at this time? Questions of staff or the applicant? Let me start on this side and work my way in. Supervisor Walkinshaw. Thank you, Mr. Chairman. A couple questions for staff. The park dedication, I think it was 67 acres, that struck me as pretty significant. I can't recall in my time on the board a dedication of that size. Can anyone enlighten me as to how common a 67 acre dedication is when was the last time we had one of that size

[06:37:04] um this is william o'donnell from department planning and development uh it is very unusual we get a proper of that magnitude um we do have park authority staff here to kind of support that statement um but a policy too that we try to implement with all rezonings is if there is rpa on the property we do encourage the applicant to dedicate it to it to us so that we can make sure that it stays within um you know fairfax county guidance um but if the park authority would like to elaborate more on what i just spoke randall yeah thank you uh randall farron with the fairfax

[06:37:44] county park authority um i don't have anything to add to billy's statement um it is um certainly accurate that this is the dedications of this scale are pretty infrequent I've been with the park authority since June of 2022 and we haven't seen anything anywhere close to this in my time at the park authority so I'd have to go back and see you know how this compares to others but just based on that this is this is a sizable dedication okay and one of the proffers referenced the

[06:38:16] applicant agreeing to do invasive removal do we have any sense of of how much is on that 67 acres in terms of invasives bamboo etc is is there a lot of removal work to be done um our staff has done a field walk of the site and we have not identified any uh invasive bamboo um we just as you know part of our due diligence didn't want to um take on a compromised piece of property with the bamboo ordinance in place. So that was part of why we negotiated that with the applicant. So

[06:38:50] they've committed to doing a survey that would determine whether or not there is any bamboo on site, but we don't know of any at this date. Okay. Energy efficiency questions. So data centers in the Commonwealth of Virginia, as of 2021, I think have to meet the ASHRAE, maybe I'm pronouncing that correctly maybe not 90.4 standard in terms of energy efficiency and I guess my question for staff and or the applicant how does that ASHRAE 90.4 legal standard for the Commonwealth of

[06:39:30] Virginia compare to what we expect to see to achieve the LEED silver certification? So I don't have a specific answer for you um supervisor walkinshaw the the lead uh silver um goal obviously is a kit of parts and provides a number of different options to to achieve the points necessary uh to to do lead silver um i i we have not obviously gone through the full exercise of

[06:40:07] designing the building. I can say that obviously the data center industry as a whole and the end user that we're talking to definitely wants to keep their utility bills to the minimum extent possible and also have their own corporate goals for reducing greenhouse gases and reducing energy assumptions uh uh emissions or energy consumption um so i i think this will be a very energy um efficient building so i hope that answers your question i guess i'm trying to figure out is it

[06:40:46] your um belief do you think that the lead silver certification will require you to do more than you would have to do just to meet the ashree 90.4 standard for virginia i'm not an expert on lead but i believe the answer is yes okay um water quality question uh the the applicant's presentation i think talked about uh pre-treatment and the the commitment to pre-treatment when necessary and it and i think your presentation said when uosa determines that pre-treatment is necessary

[06:41:23] The proffers say that the applicant will coordinate, we're looking at proffer 35, wastewater, that the applicant will coordinate with WPMD to create an agreement for water quality monitoring if it is determined by WPMD that the concentrations exceed applicable limits or requirements.

[06:41:49] the applicant will work with WPMD. Applicant must comply with Chapter 67.1 of the Fairfax County Code. Chapter 67.1 of the code references EPA, local, and state regulations and the need to meet whatever is the highest, most stringent standard. So can somebody, either the applicant and our staff just enlighten me as to UOSA's role in that process.

[06:42:21] Yes, I have Sherrod Regmi from Wastewater Management. Yeah, I'm Sherrod Regmi from Wastewater DPWES. The applicant has agreed to give us the monitor, the data.

[06:42:39] And at the time of site plan, they're going to tell us, you know, their expected discharge rate. And this is mainly for the salt, sodium, bromine, chlorine. And as of now, we have, EOSA does not allow to use any bromine or bromide, but we don't have any guidance or regulation for other salt.

[06:43:00] So what applicant has agreed is they are going to tell us at the time of site plan, once they do the design, their sodium concentration, and then we are going to take that to EOSA and see if we get any guidance at the time.

[06:43:19] As of now, we don't have any regulatory requirement, guidance, or instruction from any authority to enforce sodium okay so and in the proffer is that whatever that guidance is whatever recommendation uosa makes to you the applicant will meet and if in the future uosa says you know what we want it to be even stricter we want another reduction in the amount of chloride discharge from data centers the applicant will meet that new standard whatever

[06:43:54] it is at any point in the future yes so whatever uosa says goes yes with respect okay that's all i have thank you okay thank you supervisor lusk oh yeah i'm sorry did you want to respond chairman you were nodding so i yes and also i just wanted back to your question about the ash ray i did consult with the project architect and he he gives you a full-throated yes doing lead silver means that we will we will go further than the ash ray requirement on energy consumption reduction okay thank you sorry supervisor i just want to add to that is applicant has also agreed to give us

[06:44:32] the data monitoring data so that will not only they are going to tell us how much discharge they're going to do it but they're going to monitor and they're going to give us the data so so we can also monitor you know whether it's harmful to the environment or not and what implication we need to do thank you supervisor lusk thank you mr chairman uh was curious if we could pull back the image that shows the location of the diesel

[06:45:01] generators in relationship to the RPA thinking the image that showed the

[06:45:51] actual generators I don't know if you still have that yeah yeah yeah and then

[06:45:58] the and then sorry so in the interest of time mr. chairman maybe if we can talk

[06:46:48] through it possibly then if you can't pull it up and just try understand the relationship of where the generators are located versus where the RPA and the stream is yes distance okay I I yeah I'm gonna have a Jamie Cox or civil engineer give you the straight straight answer no problem you know everybody Jamie Cox civil engineer so as it relates to the gen yards they are facing west off of the building all of our generators are outside of the RPA the

[06:47:24] way the site was set up, if we get it pulled back up, I can show you, but there's a finger that sticks out at the bottom of the site where the RPA is. Due to that finger, that has caused the layout of the building how we have it. So if you look along the western edge, you'll see the RPA kind of runs down and then juts into the east and then comes back out. There's a little drainage rail that was there or something from the past that is part of the RPA now. By us trying to eliminate all impacts to the RPA we have laid out the building to where we are not impacting that finger it allows us to lay out that generator over there to the west and and can you give me

[06:48:03] an approximate distance from the generator to the to the RPA and the stream itself yeah around 100 feet 100 to 150 feet so you have the road which is 30 feet we have 20 feet of space from the road to the RPA and then we have 10 feet on the inside and then the generators are inside their enclosures okay and then the decision to locate it on that side of the building was driven by sound so we also have our neighbors to the east the car park that we have to meet our sound attenuation on that side as well so we have sound requirements on that side if we put the generators on that side of the building we would be

[06:48:43] harming our neighbors to the east as well okay interesting and I know you talked about the oil and water separator but clearly we do not want a situation there'd be some sort of contamination of that and so uh talk about this a little bit planning commission so the way the site is set up so the generators are in an enclosure and that whole area drains to one specific area okay at that specific point we put an oil water separator in that captures all the flow that goes out any contaminants diesel fuel oils your the shine that you see on the roads all of that will go through there and get captured in that oil water separator before

[06:49:22] it gets discharged into the stormwater similarly where the diesel is just discharged into these generators we have a fuel loading dock there that is all graded to one area that is all captured in one area so if there is a spill from the diesel fueling truck that is all captured in that area and does not get into the storm water okay all right that's helpful and then the second question i wanted to ask is about how do you address the cooling of the actual servers inside the data center is it the entire room that the servers are in that's actually cooled or are you actually just

[06:50:00] cordoning off the servers themselves and cooling that section of them what's the methodology so depending on the end user that we end up with it's either going to be air cooled or water cooled right air cooled is by blowing on it and cooling down the servers right there water cooled runs it through the system right and cools the coils that operate that system so water cooled pulls water in and circulates it through the system cools down the servers and then discharges back out as we talked about with the wastewater that's what we're going to monitor right see what's going to be in it on the air cooled side that's where it gets a little bit louder you have a you have higher

[06:50:43] condensers and things like that that pull in air and cool down those servers and then push the air hot air back out okay and one last follow-up mr chairman is if i think about this space if the this is the server room the servers are nine feet tall this space is at least 20 feet tall so would we just cool the nine foot section where the servers are in or are we cooling the entire room entire space the servers so we are just cooling the servers okay all right that's helpful

[06:51:20] thank thank you very much uh supervisor beerman thank you um i have a question that goes to both staff and to the applicant um and it has to do with noise a lot of uh residents brought up noise i think uh early on um it was miss me who talked about how anything over 40 decibels would be bad for the current wildlife um and a lot of other and of course it was uh the first two or three mr bourne mr steel talked about low frequency noise so uh my questions and they're

[06:51:58] basically the same for both staff and the applicant are um first what does the ambient noise in the location currently you know what's currently operational there when you're right by route 50 when you're right by the car parks.

[06:52:15] Secondly, what's the actual meaning? You know, tell it to me like I'm an idiot of the difference between 60 DBA and 50 DBA when it's proffered. Like, is that 60 minus 50? Is that 10 DBA?

[06:52:31] Like, what does that actually mean? And then lastly, you know, what say you to these questions about low-frequency noise and the data center report and recommendations about noise modeling that could include the frequency of octave band limits.

[06:52:52] And then actually I'll make it easier by asking my fourth question all at once, last question, which is there's going to be a post-construction acoustical analysis. What exactly does that mean, and what happens if you were to fail the post-construction acoustical analysis? And that goes to both staff and the applicant.

[06:53:13] sure either one can go first though okay so i'll on the the last question about what what happens the way we've worded that proffer is is we've got to go back to the drawing board and we have to satisfy staff uh that we're meeting those objectives and that would require new design changes to to you know do something more in terms of muffling baffling uh the sound until we get the the thumbs up from staff that we've they're satisfied that we're meeting the the objective so staff decide uh the the the county has to sign off on it uh just like any other proffer we we

[06:53:50] provide the data and the analysis and and the test results until they're satisfied that that we've covered it um for all your other questions i'm going to introduce uh brent farron our sound consultant before we leave that question just very quickly we're referring what you're referring to is proffer 30c which is the mitigation measures and i guess my question for staff before we move on to that to follow up on Mr. Beerman's question if for some reason you meet the requirements pre-construction and you're issued a permit to be able to build what happens after you're in

[06:54:26] existence there's no reporting requirement back to the county so in other words once you've been certified in at that number at the time of construction you would be guided by the noise ordinance in Fairfax County in terms of enforcement plus the proffered level that you've committed to your proffers here is that correct so there's no in perpetuity reporting process for noise attenuation correct after we do the the post construction testing and analysis then the the requirement would be in perpetuity and

[06:55:00] if the if there is ever a change on the site an inspection a neighborhood complaint, then the normal course, in my experience, would be we would hear from code enforcement and we would be asked to do a new round of testing.

[06:55:20] And the driver on that would be the proffered noise limitations because they're stricter than the Fairfax County zoning ordinance for every other similar property in the county. This is William O'Donnell again from Department of Planning and Development. Yes, that's correct. Department code compliance would enforce that proffer if there were a complaint or if there was a change in circumstance.

[06:55:43] Okay. I just wanted to make that part of it clear before we go to the other noise questions. Yes, Supervisor Smith. So on that and the updated proffers, it's 29D, and I'm going to read the added language. In the event that servers and associated cooling and backup generators are installed in phases, additional analysis will be provided for each subsequent phase of installation.

[06:56:06] prior to the issuance of the corresponding non-REP? Correct, we made that change because it had, that the issue had come up, thank you Supervisor Smith, exactly when the testing is gonna be done. We are not sure that the analysis we've done to date assumes full build out, everything's in, but we added that just to make sure we're covered and in the event that the installation is rolled out phases we're clear that we understand and the county knows that we're going to go back and

[06:56:39] and test with each additional ramp of of servers and air handlers etc okay thank you um so uh brent you want to come up and good evening my name is brent farron i'm with uh ramble and uh acoustical engineer um i was going to add to that last comment about the post-construction testing as well, that it is testing. It's not post-construction analysis, which I know was a question, but that testing would involve going out during operation, testing in all the off-site locations that are a

[06:57:16] compliance location to determine if it's meeting the proffer and the ordinance. So you had some questions, and I'll try to go back through those. You mentioned what's the difference between like a 50 and a 60 dba type level uh which i think what you're asking is what's the difference when maybe there's a 10 db change right yeah what i'm asking is you're coming in 10 dbas below the requirement so what does that mean how much less noise are you than what you could have have

[06:57:51] done otherwise so so if you have two sound levels and one's at 60 and one comes in at 50 when you add those together it's 60 so it seems like odd math but it's based on logarithmic scale and so when you add something that's 10 b 10 db lower than what what you're already experiencing there's there's no noticeable increase so two sound levels that are exactly the same if they're both 60 you

[06:58:23] put them together that's 63 and that is typically perceptible increase to most of us with with typical hearing so and what are the what's the ambient noise in the site and in the area currently look like i mean again we're right underneath a flight plan i think sure uh well i heard we were um and uh you know and there are other things going on in the area and uh i guess maybe also another sorry for all the follow-up questions but what is the effect of that 67 acre park

[06:59:00] as a noise buffer to the residential neighborhood sure in one of the the presentation slides there was a graph that you saw that was based on the ambient survey that was done out there and this one in particular I think was for the residential location and you saw significant variation right over the 24 48 hour period so the sound level in the area varies a lot it depends on the time of day the amount of traffic what's going on obviously it's quieter at night

[06:59:33] when things calm down it's much louder during the day also the proximity to traffic if you're if you're along along the roadway as opposed to tucked into a residential area it's going to be louder in those the levels at the location that was measured that's north side of the project along the roadway had discrete events that range from anywhere from 45 to over 80 DBA. Those are probably when aircraft are going over. So you had a short period of time when it

[07:00:09] was over 80. When you consider just background and maybe there isn't discrete events, the nighttime levels in that area were around 47 to be the quietest and 57 during the quietest daytime periods. The levels over in the residential side are lower than that, as you would expect. It's further from the roadways and so forth.

[07:00:32] Okay. Other questions? Does staff have anything to add to those questions or comments? No. I mean, the chart that we showed previously, basically the fact is the zoning ordinance requires a limitation of 60 dB and the applicant is proffered 50.

[07:00:54] We've explained that the department code compliance will enforce that proffer. There is no current limitation in the zoning ordinance for the generators, and the applicant has proffered to do those at 60. So all in all, the applicant has gone above and beyond in meeting or exceeding the, not exceeding, but meeting the intent of the noise attenuation.

[07:01:17] I just have two other quick questions. So the first one, this comes from the data center reports and report and recommendations. talked about how a data center could have 20 backup generators, but a hospital could have up to five. What's the noise difference of having five in a hospital versus 20 in a data center?

[07:01:40] We've got hospitals across the county as well. Do we see noticeable changes with that many backup generators? I can't answer that if the noise consultant could. Sure. Certainly when you add more sources, the cumulative noise is more.

[07:01:59] But in this case, when you're adding additional generators, you're comparing 20 to 5 in your example. What's happening is it's forcing the 20 generators to each be quieter. In this case, the applicant is looking at an upgraded low-noise generator kit that's rated at a 75 dBA level at 23 feet.

[07:02:19] Those typically are more like 85 or 90 as opposed to 75. And so the hospital may not have the low noise kits. So it's just. So last question. It relates to the questions asked by Supervisor Lusk. What is a jellyfish filter?

[07:02:35] That was in your, in the thing here. Can you explain what the jellyfish filter is and how that would be better or worse? Explain to me. I don't like jellyfish. When it comes to your diesel generators, what's the point of the jellyfish filter?

[07:02:53] A jellyfish, so Jamie Cox, civil engineer. The jellyfish actually has to do with water quality from the stormwater perspective. So it is a filter that pulls out any contaminants in that water before it goes into the stormwater system.

[07:03:08] So as part of our water quality aspect that we do, we install a jellyfish filter that pulls out, I want to say it's 20 to 30 percent of the solids that are in there before it discharges out and goes into our bioretention area. So basically, it's a second -- it's the first measure of cleaning out the water before we get to the next step of the bioretention pond and then going into the stormwater pond.

[07:03:30] So that's a jellyfish filter. Thank you. Yep. Okay. Supervisor Jimenez and then Supervisor Smith, and we're going to come on this side and see if there's any additional questions. Well, thank you, Mr. Chairman.

[07:03:46] Just a few months ago, I was able to see this case as a planning commissioner, and now I get to see it as a supervisor. So very interesting perspectives. Someone earlier thanked the applicants for coming. I'd like to thank all the residents for coming and spending their time and taking their time to come and testify tonight and ask their questions and have their comments.

[07:04:07] A question for the applicant. The current certification in the application is silver. Correct. Here in Fairfax County, we like to be the best of the best, right? Why not go for gold? So lead silver is point well taken.

[07:04:26] Gold is, at this point, pretty common for office buildings and for residential buildings. Lead silver is still relatively rare for data centers. So it does represent being progressive in that regard.

[07:04:44] So I think it's somewhere around like 30% of data centers or something like that are silver, right? And so obviously the standard is kind of around, you know, the original and the silver. I'd like to see you all commit to going to gold and pushing yourselves, pushing Fairfax, pushing your applicants, this application to do just better than what you can do.

[07:05:09] So I would like for you to think about that. I would like for you to try to commit to it. I think it'd be a great way to show the community that you do want to go that extra step, especially when it comes to environmental issues. um and that's my that's my suggestion uh supervisor smith a lot of my questions have been talked about but the question came up about the trail and paying for the trail and i know there's two trails there's an easement for the trail and the rpa and then there's the trail you're building along route 50 so could you address that piece sure and so this this has been

[07:05:48] a long uh series of discussions on on the trail you're right there's the there's the 10-foot asphalt trail we would pay for and construct that along route 50. Previously with the car dealership that was approved in 2020 that 67 acres RPA area was not proffered to be dedicated to the park authority however there was a commitment to go back and and survey a trail location. Now that

[07:06:20] we're dedicating the 67 acres um i am not uh i apologize super smith supervisor smith i'm not recalling offhand if we are uh committing to the trail beyond uh the 67 acre dedication i'm getting a no there i think that kind of went away once we said you're you're not just getting the easement you're getting the whole real estate uh yes so when uh the last case was not um was not uh dedicating the 67 acres they did have an agreement to give an easement to the park authority so the

[07:06:59] park authority could do the trail and that's no longer necessary since they are dedicating the property i don't know if randall do you have anything else to add um no i'll just add that the proffer also dedicates to field locating the trail alignment because we have to coordinate on the stormwater outfall and it's very important to us that the trail is basically uphill from the outfall for I think obvious reasons for you all so that's the only thing I'd add but no there's no obligation for them to fund or construct the trail and the proffers currently thank you okay Other questions?

[07:07:39] Supervisor Palchuk. Thank you, Mr. Chairman. And thank you to the applicant and for the staff for all the sharing of questions. I think I have one outstanding question that I have not heard yet and definitely heard, I believe, one of our final speakers and the concerns on the environmental impacts.

[07:07:57] I'm going through, I don't know if I have the full list here, but I'm wondering on the different scenarios how the proffers compare to other proffers of projects the size I have not seen one myself so looking at the tree preservation the soil remediation the site monitoring I believe that during and I assume right after construction the stormwater management the salt management and invasive species I think those are the ones that really stood out to me to

[07:08:33] have if i could from staff a general comparison of how the proffers that are being proposed here for those uh compared to other similar sites um we've seen yes this is william o'donnell again from dp dbd um quite honestly the applicant has has proffered a robust set of commitments um the the dedication of the 67 acres as we said earlier um is a significant dedication uh related to a

[07:09:05] rezoning application um the the ev um dedication of um i think it was what 10 percent is it's 10 spaces but it's um it far exceeds what we've been achieving on other mixed-use developments um the the the storm water management and the bmp that that is similar to what we're achieving in in mixed-use developments as well from the previous approval which was the auto dealership this site has significantly decreased the amount of impervious surface from what was previously

[07:09:44] approved that's a that's a tremendous commitment in and of itself developers will tend to maximize the amount of buildable space on their property and they have not done that so all in all they have met or exceeded what we have seen in mixed-use developments thank you I have one final follow-up question I'm trying to read through and where there are requirements for forest conservation branch or F con LDS approvals I believe in most of the proffers it required not

[07:10:24] just review but also approval there were a couple proffers where it wasn't as clear that approval of the plans was required whether there were remediation plans monitoring plans it might be the way the language is written I want to make sure that that you're confident and went through all of those and made sure that any time that a plan must go through FCON that it must be approved and monitored yeah and and when we do our landscaping plan proffers there there are several meetings that take place before construction during construction

[07:11:01] and after construction to ensure that the viability of what was shown on paper is shown on the site yeah I'll just add that this is the proffers have the exact language that was recommended by F con and they've reviewed them so okay thank you that's what I wanted to know appreciate it okay thank you other questions let me ask one question because it came up several times in the testimony the county analysis of data centers generally that was a board matter I brought forward to direct our county staff to evaluate that actually

[07:11:40] had absolutely nothing to do with this case but this case was already underway And subsequent to that, the county has produced a staff paper that's pretty far reaching in terms of things even beyond data centers, is not just data centers.

[07:11:56] And so a rather unfair question, but a question I'm going to ask anyway, just to get a general sense from staff. Do you find that the elements of this application are largely in alignment with the overarching recommendations of the staff paper?

[07:12:13] Not literally every word, but is there anything regarding this application that seems significantly out of alignment with the best practices and staff paper recommendations that have come forward for data centers generally? Thank you for that question.

[07:12:30] And as we indicated in the presentation, this applicant actually helped inform creating the framework for those six or seven categories that were in that data center report. And when you look at those six or seven categories regarding water, air quality, energy usage, and you compare what this applicant has proffered, they have definitely met the findings of that research.

[07:13:05] And staff is comfortable indicating that and indicating that we find it in conformance with the comprehensive plan policies and it meets all the zoning ordinance requirements. Okay. Thank you for that, because I do think it's a coincidental beneficiary, for lack of a better descriptor, because when that analysis was requested by me and the board supported it, it was over alarm over the context of data centers in our region. And we've heard that from some of the speakers. So I just, I want to be crystal clear on this because for good reason,

[07:13:44] there's a lot of attention, a lot of press attention on data centers right now for good reason. But I just want to make sure in context, and I asked the Economic Development Authority for this analysis of data center square footage in Fairfax, Loudoun, and Prince William counties.

[07:13:59] And if you include existing data centers, data centers under construction, and data centers that are in the pipeline, in Fairfax County, there would be 7,582,512 square feet. In Loudoun County, there's 45,722,483 square feet.

[07:14:24] And in Prince William County, there's 35,280,000 square feet. And so there's Fairfax at 7.5 total in the pipeline under construction or approved, Loudoun at 45 million, Prince William County at 35.3 million.

[07:14:43] So when we talk about Loudoun and Prince William, I think it's just important to understand the context overall for the county. And I know in this particular case, it may very well be perceived as far too much for this site or too high and to have intrusions on quality of life that have been spoken about, and I get that.

[07:15:05] But I just want to make sure in context of the overall county that what we're talking about here is far out of alignment, far out of alignment with what has happened in Loudoun County and Prince William County. And I just want to make sure because folks, they hear things, they see things, and they just automatically make a presumption that we are treating data centers in Fairfax County similarly to what our neighbors in Loudoun and Prince William are.

[07:15:30] And that's just numerically nowhere near the case. And so I just wanted to make sure we understood that in context. But it was those numbers that triggered us looking at this analysis of staff to make sure that if we did start seeing these come into Fairfax County, that we were holding them to a far higher standard than the ones that have been built in Loudon and Prince William.

[07:15:51] And it's not to demean Loudon and Prince William. It's just to say that many of those data centers were built many years ago. And as several of the speakers have mentioned, this is an evolving issue. And our purpose for the staff paper was to make sure that we were in alignment with best practice thinking forward, not looking back at what those other localities did and mimicking that, but demanding a higher standard.

[07:16:15] And so I just wanted to make sure that was in context on the record because it has been mentioned several times. Any other questions from board members of staff or the applicant? I am seeing and hearing none.

[07:16:32] So at this time, let me close the public hearing and recognize Supervisor Smith for a motion. Thank you, Mr. Chairman. I'll make the motion and then my comments. I move that the Board of Supervisors approve RZ 2022-SU-00019 subject to the signed proffers dated January 16, 2024, including both parts of those proffers.

[07:17:00] I further move that the Board of Supervisors approve SE 2022-SU-003 subject to the special exception development conditions dated September 7, 2023. And I also need to do this before we finish with get a second.

[07:17:21] Mr. Chairman, I request that the applicant confirm for the record their agreement to the special exception development conditions dated September 7, 2023. Yes, the applicant agrees to the conditions. Thank you. Thank you. You've heard the motion. It's been seconded by Supervisor Palchuk. Discussion on the motion.

[07:17:43] Thank you, Mr. Let me start with you, Supervisor Smith. Thank you, Mr. Chairman. I'd like to begin by thanking all the citizens who have taken the time to testify, submit letters, or otherwise participate in the process. This application has generated considerable interest in the community, So I appreciate the applicant's request to defer the public hearing to today's meeting to allow for more time to address various concerns.

[07:18:06] The approximately 12-acre application property is currently zoned to the C8, I3, and I5 zoning districts. It is in an industrial-planned and zoned location surrounded by industrial, commercial, and open space. The property fronts on Route 50 where other data centers are already located, including one across from the property in Virginia Mallory.

[07:18:29] The property is part of a larger 79-acre parcel. The 67-acre Resource Protection Area, or RPA, that is not part of this application creates an extraordinary buffer from the closest residential community, located almost half a mile away to the southwest.

[07:18:48] At this public hearing, at the Planning Commission hearing, in other community meetings, and in countless correspondence, we've heard concerns about noise, visual impact, energy demand, water quality, and the like.

[07:19:06] But we've also heard how thoroughly this applicant has addressed these concerns by submitting a more robust proffer package that any data center applicant has previously provided in this county. I'd like to take a moment to highlight some of the measures the applicant has committed to take to protect and preserve the application property and the neighboring areas.

[07:19:29] Regarding noise, the applicant conducted sound modeling, which showed that when all the air conditioning equipment is running, sound pressure levels for the closest homes were projected to be only 42 dBA, a level considered quiet. Even during emergencies or testing, noise level in the closest part of the Pleasant Valley Residential Community were projected to be only 52 DBA.

[07:19:54] Not only does the noise study indicate that noise will be lower than required by the noise ordinance, but the applicant has also committed to restrict noise significantly below the noise ordinance standards. The applicant's proffers impose specific limits on maximum permitted noise at the boundary of the residentially zoned area to the southwest of the property.

[07:20:18] The proffers also require that regular operations noise remain at 50 DBA at the Pleasant Valley property line, which is lower than the 60 DBA permitted during the day and 55 DBA permitted at night. And even though the noise ordinance does not limit noise during generator testing and emergencies, the applicant has committed to limiting noise to 60 DBA during those events.

[07:20:45] The applicant has proffered to conduct pre- and post-construction noise analysis to enforce the proffered noise levels. It has also proffered to enclose the generators, a measure that's not required in the I-5 district. In terms of environmental issues, the applicant has proffered to monitor water quality, including sodium concentrations of the water discharged into the sanitary sewer system, and to work with public works to provide required pretreatment or other appropriate on-site measures.

[07:21:19] The applicant has proffered to construct a LEED data center silver building, as well as provide safety features on backup generators to minimize diesel fuel spills and contain any leaks. The applicant has proffered to use Tier 4 compliant generators designated to limit any air pollution.

[07:21:38] Importantly, the applicant has committed to dedicate the 67-acre RPA area to the Park Authority after conducting an environmental cleanup and invasive species removal of the entire parcel. About 85% of the entire 79-acre parcel owned by the applicant will be conveyed to the Park Authority to become parkland stewarded in perpetuity, which is a significant public benefit for the county, the public, and the environment. To analyze potential visual impacts and address compatibility with the surrounding area, the applicant conducted two drone studies and one balloon study. During

[07:22:17] the first drone fly at 110 feet, the observation team determined the drone was not visible at all from Pleasant Valley through the dense forest. A second study was done with a larger drone flown at 150 feet. That study showed that even at 150 feet, the drone was visually obscured by the Cumberland Forest and was not visible more than 1,200 feet away. During the balloon study, the community had an opportunity to observe, and the balloon still could not be seen from Pleasant Valley. The closest homes to the property are four-tenths of a mile away, and the homes at the

[07:22:52] highest elevation are about one mile away. The drone and balloon studies showed that the data center would not be visible from any of these homes. I stood on the sidewalk along Route 50 during the balloon fly and could only see the balloon hovering just above the tree line. Based on this study, only the roof line will be visible from Route 50 above the tree preservation buffer.

[07:23:15] Therefore, the increased height of 110 feet does not appear to cause any negative visual impacts or concerns with compatibility with the surrounding area. To address concerns about energy usage and supply, the data center, if constructed, will be served by a new substation, and Dominion has provided assurances that has sufficient power to meet the future needs of the community, even including the proposed data center. With regard to the warehouse use proposed as option 2, this use is almost identical to the comprehensive plan baseline use, which is a warehouse at a floor

[07:23:52] area ratio of only 0.35 only this proposal is slightly less intense at 0.3 far the principal concern voiced by the community seems to have been about traffic impacts but the proposed warehouse would use would generate less traffic than that contemplated by the comprehensive plan baseline and significantly less than the previously approved auto dealership specifically this proposed use would generate 18.5 percent fewer trips than the baseline the existing road network is already planned to accommodate this type of use and the road network together with the right

[07:24:32] turn lane the applicant has proffered would accommodate even the large trucks serving a warehouse without diverting them into residential areas based on all i've seen and heard including the staff report staff report addendum the presentations today and the proffer package i am satisfied that this application meets the requirements of the zoning ordinance for a special exception to increase the height of the structure the application is in harmony with the comprehensive plan as it meets or exceeds the plan's recommendation it's also in harmony with the

[07:25:07] purpose and intent of the i-5 district which provides for a wide range of industrial business activities that must minimize noise and environmental pollutants a data center and warehouse are permitted uses in that district the proposed use will not adversely affect neighboring properties due to its extraordinary buffering and distance from residential areas given its location on route 50 surrounded by industrial commercial and open space it will also not hinder or discourage appropriate development and use or impair the value of a date adjacent or nearby land or buildings

[07:25:44] as we've heard the use will have adequate utilities and other facilities and it will not create traffic problems finally the proposed rezoning to the i-5 district is reasonable land unit h where the property is located is planned for industrial uses and developed with auto dealerships warehousing and storage facilities industrial flex space and some office uses the proposed warehouse or data center are entirely consistent with the existing uses in land unit h the proposed intensity of the uses including the 0.8 far data center is

[07:26:21] consistent with the floor area ratio permitted in the route 28 tax district again i really appreciate all the public participation that input helped to prompt real improvements to the application i have carefully considered the public's concerns and have discussed them extensively with staff and the applicant legislative decisions like this are legislative because they involve the weighing of various interests that sometimes compete in the end i'm satisfied that the application meets the

[07:26:56] applicable special exception standards and the proposed rezoning is reasonable thank you supervisor smith uh further discussion any further discussion from the board uh supervisor harry yeah and i'm And I'm going to try to be brief, as this is one of three contentious hearings tonight.

[07:27:15] So we still have a long way to go. I support data centers as long as they're properly sized and located, and I voted for them in the past, and I appreciate everything the applicant has done, because you guys really have gone above and beyond in addressing a lot of the issues, and I don't say that lightly, and I appreciate you taking the time to come to see me as well.

[07:27:40] It's a difficult application for a number of reasons. I think it's precedent setting in its height that's the highest in the county I think highest in the region comes before the board's been able to kind of discuss and issue our guidance on data centers it's on the Occon watershed it's just outside the RPA obviously a little talked about are the traffic issues with the warehouse and in we talked trips but trips aren't a big ubiquitous trips and cars and trips and semis are different trips it was so it you know this was so

[07:28:16] difficult um that it didn't get a supportive majority of the planning commissioners only six planning commissioners voted for this out of the 12 um they got a majority of those that voted but it was not a majority of planning commissioners as i said before data centers you know are the environmental issue of the future actually they're of today it's not even of the future between electrical air quality and water usage and we're all to blame we've all got videos and pictures on our phone that we'll never ever look at again they're sitting in a data center somewhere but they're necessary to improve our quality of life so they are

[07:28:55] necessary we're gonna have to deal with them my issues with this or several as I said the traffic concerns with the I wish we would have eliminated the the warehouse option that would have helped I've got the issues with the height precedent setting three times the size of the surrounding buildings I am dealing with my constituents with the Springfield garage that looms over the neighboring church and as I drive by that thing and look at what we did to that church it this is it it bothers me what we're going to do here and it's out of character with that area of the county I'd be happy to support this if

[07:29:34] it was a two-story data center even if some of it were in the RPA if you'd spread it out a little bit I would have taken that as a trade-off but in Properly located generators, but I'm not I'm not going to be supporting this application. Okay. Thank you, Pat Supervisor stork. Thank you. Mr. Chairman We've spent a lot of time talking about this issue listing most importantly and I've spent I've met with members of the community about it as well as

[07:30:12] Talked to my colleagues on the board and as District representative where we have a significant amount of industrial sites and commercial sites I recognize where data centers should be and shouldn't be and I I strongly support the ability to put them in industrial centers I think that's why we've created that Opportunity and that option. I think even some commercial places. That's appropriate Obviously where it's not is is areas that are At residential locations. This is one of those. I know one of those ones you can make some arguments, but I think the core of this is you have

[07:30:51] You have a data center that's met what I anticipate our future board standards are going to be for data centers In fact everything I've heard and understood Exceeds some of those standards. I think they've at least from my mind They've addressed the key water standard concerns that I have and that assurance for me is a way of protecting the aqua quant That's a critical part of this. We clearly have issues that we're not able to address here which are much bigger than the data center in Fairfax County or five or six times the number of data centers by square footage that you have in Prince William County or Loudoun County.

[07:31:31] But I think there is a need. We all can't deny that. We all use the services of data centers. I want to support that need, but I want to do it in a way that minimizes its impact because every time you do a data center, every time you do a major construction like this, there is an impact.

[07:31:48] I believe this location provides that opportunity with minimal impact, not that there isn't impact, but minimal impact while still protecting and conserving some of the key things I care about, which additionally are RPAs and protecting that RPA and that environment.

[07:32:08] and having that available for park i think adds value to this application in addition to the fact that they've met and i believe are likely to exceed the standards that we've we will automatically agree to as a board so with that i intend to support this application thank you thank you supervisor stork any other discussion supervisor walkinshaw uh thank you mr chairman uh it's obviously a difficult issue um supervisor smith knows because i've shared this with i probably spent more time on this case certainly than any case that's not in the Braddock district since

[07:32:44] i've been on this board because this is an issue that we really as a excuse me as a county have have to get right and i appreciate chairman case sharing the square footage numbers you know some of our neighbors have staked their economic development future on on data centers i think think that's a risky proposition for them and obviously has generated some some political challenges for us data centers are going to be a part of our future but a relatively small part of our future but we also have an opportunity to establish standards that are the highest in the

[07:33:23] commonwealth if not the highest in the nation and I think the work of this application and the work that staff has done with our data center report put us on that path. I think as we move forward into the future, we will be able to put in place standards that are even higher than what we're talking about today and what we're in the data center report.

[07:33:47] A couple of things that, you know, were my concerns starting out in this process, and Supervisor Herity mentioned that, you know, this is in the Occoquan watershed. The water discharge issue is just a big one for me. And we know that salinity in the watershed is a challenge.

[07:34:05] It's a growing challenge. And that's why I wanted to ask those specific questions to figure out who decides how much salinity, how much chloride can this facility discharge? And the answer is UOSA, the Upper Occoquan Service Authority, the folks who are responsible for ensuring that the drinking water is safe and clean.

[07:34:27] So I am satisfied with that. Energy efficiency, you know, folks know my passion for climate change and environmental and energy efficiency issues. Look, denying a data center case here and pushing a data center somewhere else in the Commonwealth or in the country doesn't do anything to address the climate crisis.

[07:34:52] The challenge is if we can establish the highest standards here and hold data centers to those standards, we can do better than other places where they would be built if they're not built here. And I've said this many times, the alternative to a data center is not no data center.

[07:35:08] The alternative to a data center is the way that a lot of data is still stored, which is a server in a closet somewhere that's plugged into a socket on the wall, which is the least efficient way to store data. I'm satisfied with Lead Silver.

[07:35:24] I agree with Supervisor Jimenez moving forward. I would like to see us go even further. And I think our data center report puts us on that path. I just, I want to say something because I've spent a fair amount of time looking at this and it was referenced today by a number of the speakers and I understand exactly where they're coming from.

[07:35:45] Dominion in there, and I appreciate Dominion folks for being here today. They're not going to love what I'm going to say. Dominion in their integrated resource plan, which is kind of their non-binding long-term plan to deliver electricity to their customers in the Commonwealth of Virginia, said that They would not be able to meet, essentially, the Virginia Clean Economy Act, clean energy standards, because of, among other things, the increased load that comes from data centers.

[07:36:15] And that's been referenced by even some environmental groups today. I think it's important to note that that contention is highly debatable. In fact, some of the experts from environmental groups across the Commonwealth and experts on utilities and electricity generation across the country heavily, heavily dispute that contention.

[07:36:41] Just one of the analysis that was shared, a comment at the State Corporation Commission, said that Dominion's load forecast adjustment for data center load is overly aggressive and does not consider factors that are likely to moderate data center load growth, including rising transmission costs, customer preferences for clean energy, demand reduction.

[07:37:03] They underestimate the role of demand reduction programs leading to suboptimal resource portfolios. They assume no inclusion of demand reduction programs, all basic things that we know are going to happen. So you might ask, why would Dominion miscalculate those numbers?

[07:37:23] And I think the answer, and a lot of folks who testified to the SEC, said that the goal is to actually meet a policy objective that the governor has laid out to perpetuate fossil fuel production in the Commonwealth of Virginia. So, obviously, energy use is significant with data centers.

[07:37:45] It is an important issue. I do not take Dominion's word for it that they cannot meet the clean energy goals that the Clean Economy Act has set out. Environmental experts and utility experts and electricity generation and regulation experts across the Commonwealth and the country agree with that.

[07:38:02] I do believe we can do it. We've got to have the highest efficiency standards for data centers, and we've got to hold Dominion accountable to meet the statute that's laid out in the Virginia Clean Economy Act. I think we can do that. But, look, this case, it meets all of our existing standards, and it meets the higher standards that we are likely to consider in the years to come.

[07:38:25] I don't think that we can in good conscience not support it. I certainly couldn't in good conscience oppose it or abstain from the vote. Thank you. Thank you, Supervisor Walkinshaw, Supervisor Bierman. First, thank you to everyone in the public who came out to speak today.

[07:38:44] Someone at one point said, we don't ever listen to you, but we actually do. And I was listening quite intently, like the other people up on this dais, and I actually think that there was one individual who summed it up very, very well. He said that data centers must be planned and operated responsibly.

[07:39:05] He said that we're going to have data centers, but the key question is, are they planned and operated responsibly? There was another individual who said, hey, essentially, you just came out with this new data center report and recommendations.

[07:39:23] It's the thing I keep waving around. What message does it send to accept this data center without requiring stuff from the data center report? And I actually agree with both of those people that it is about doing this responsibly.

[07:39:43] And what message would it send if we're accepting things with, you know, accepting a data center without stuff from the data center report? But I got news for you. There's a lot of proffers here. There's a lot here with this data center that matches this report. You know, I was talking to Supervisor Smith the other day.

[07:40:00] I said, so let's see. The report says that you should have Tier 4 backup generators, not Tier 2. What about this data center? Got Tier 4. The report here says you should work on water treatment and consider water treatment before it goes into your watershed. Does this, do we proffer about water treatment?

[07:40:18] We do. There's something in here about, you know, proffers based on lower noise requirements. We've already been over that. We proffered lower noise requirements. There was something literally in here about a post-construction noise study, and we've got that right here as well.

[07:40:38] Now, there was one individual who got up here and said, you know, it's all smoke and mirrors. Everything that's in the applicant's thing today wasn't there back in October. Well, that's how the process works. I mean, that's actually what we're supposed to do.

[07:40:55] They come in with a plan, and our job is to make that plan a lot better. That's what I think Supervisor Smith has been doing on this. And that's our job. That's the process. Like, I can't just say, well, you know, the applicant started out here and he got to here and I didn't like where he was first time, so I'm just going to ignore everything that the applicant did.

[07:41:20] Can't do that in the way James was in good conscience. I can't do it either. But I will say this, that the entire discussion and this entire discussion is really, really tough. I admit it was in a letter, so I had the line already, but Ms. Bennett from the Sierra Club said in the last line of her letter that data centers were inherently unsustainable.

[07:41:47] Well, if they're inherently unsustainable, then nothing's ever going to meet the requirements we want to put out. That's what inherently unsustainable means. So the question, though, is what can we do in the county to make sure that we are getting the best bang for our buck when we do have data centers?

[07:42:07] Are we doing that? Are we asking the kinds of questions that we asked on this case? And I think it's even tougher because data centers, in my view, are sui generis when it comes to land use cases. There is no other land use case where we're going to have to worry that there's a data center that uses 60 megawatts of power, whereas this building uses two.

[07:42:31] We're not talking about land use cases in which you've got 30 times power. We're not talking about, I mean, just to show you how different this is, I mean, there are 400,000 square feet of floor space. and we've got 50 parking spots, is there anywhere else in the county where we think it's okay to have 8,000 square feet of space and one parking spot? No, it's a totally different ballgame.

[07:42:55] So, you know, I do have concerns. I have concerns also about the fact that under CCAP, and this was in the data center report, we've noted that even though we'd grown by 12% from 2005 to 2020, we'd reduced our emissions by 30%. I don't want us to hurt those numbers necessarily through data centers, but that's why we need to continue developing regulations and figuring out ways that we can offset the power needs. So I'll lose a little sleep over this vote, but not much

[07:43:32] because we asked and we got a lot out of this applicant to make this a responsible plan. And so I'm going to support it. Thank you. Thank you, Supervisor Bierman. If there's not, are there any other comments? Let me just wrap up. I'm not going to repeat a lot of what was said, because I think my colleagues have covered it quite well. I will just say that this application has come a long way from where it started, and it does get hard when people say, you don't listen to us, and I look at

[07:44:05] evolution of this case from where it began the the staff in this county listen listen well the supervisors listen i went back and watched the planning commission uh public hearing i'm like supervisor walkinshaw i spent more time on this land use case than any other one in fairfax county in the last year and i will say after watching the planning commission uh testimony i think many of of us approach this public hearing with trepidation um i will just say i did not like at all what i saw that night at the planning commission because our community is is better than that and so i first

[07:44:44] want to thank the folks who testified here tonight uh for the civility and respect i want to thank the applicant for the movement that's been made on this case to try to address as many issues as possible. I want to thank the staff for the spectacular job they did reviewing this case.

[07:45:03] And I want to thank my colleagues for supporting the motion that I made to develop higher standards for data centers in Fairfax County. And that matters. Several other people have acknowledged, and that's why I asked the question of, you know, we asked our staff to give us an ideal set of recommendations to deal with data centers because of the alarming numbers that are happening in other jurisdictions that have not happened here to make sure that if we're going to do any data centers in Fairfax County, even if it's one-fifth or one-tenth of what other people are going to do, the ones we do in this county are going to be done at the highest standard we can possibly foresee.

[07:45:44] Absent this case, that analysis was done. This case was pending. We just got a confirmation that this application meets that highest standard of recommendations that is being considered by our board to adopt as a county-wide standard for any other data center that might, might come into the county. And I do think there are very limited land areas in Fairfax County where these could even be conceived. When I asked the EDA, if you looked at the entire county, the EDA is the Economic Development Authority who gave me the factual numbers of what our other

[07:46:19] jurisdictions have. I asked them, you know, tell me how many sites in Fairfax County could even accommodate a data center of any size and it's roughly 12 12 not a lot and a lot of that is because of a lot of the protections that were built in here the fact that there are not a lot of industrial areas in the county one of the last speakers said you know i like to use the bathroom but i don't want to live near a sewage treatment plant tell that to a lot of the folks in the county who do right now live near sewage treatment plants. I represent them. Supervisor Stork

[07:46:58] represents them. Others represent them. They don't like it, but they realize that a fact of life is that sewage treatment facilities are needed. Several others have said about data centers as being a fact of life. So our job is not to force people to change their lifestyle to prevent data centers from having to be built. We wish a lot of people would take steps to do that. Our job is to do a land use analysis to look at this application and weigh it against what our standards are, question ourselves whether our standards are the highest in the Commonwealth, and I would argue

[07:47:34] probably put them up against most in the nation in dealing with data centers. Are they at that standard? And they are. Does this application meet those standards? It does. Does that necessarily mean it would be the first thing I would pick to go on this particular site? No, but that's not what we're being asked to consider we're being asked to consider is this in conformance with the standards that are in place today but we're actually going a step further and saying if we were to adopt the standards and recommendations that our own staff has recommended to us as best nationwide practice after nationwide research would this application meet those and the answer

[07:48:11] was yes and so you know to me this is a hard vote to take only because it's not the first choice of what I would like to see built on that facility. On the flip side, it's already planned and ready to have an auto dealership built on it, probably the number one driver of our climate challenges.

[07:48:31] And so when I look at the trip generation, the impact on the community, the things related to that, and compare it to this, you know, certainly there are things here that will be more intrusive, but there's a lot of things that will be a lot less intrusive, like the amount of vehicles coming in and out, like the amount of pervious surface, like the fact that we would get nowhere near the dedication of land area that we're getting protected through this application.

[07:48:57] So weighed in its totality, we have to make a hard decision about what to do. And I feel like we've met the standard of the due diligence, the review, the amount of time that we have put into this. So I will support the motion. I will also support making sure that this is the standard on any data center that comes into Fairfax County because, frankly, we need to be setting the nationwide standard on these.

[07:49:24] And I believe that we can do that, and that's what we ask for, and I believe that this application will do that. The last thing I will say, and the reason why I asked the question about noise, is there are times where commitments are made through the land use process that people think will not be upheld.

[07:49:41] And that's why I'm making sure not only we got some things on the record, but also making sure that the proffers are so extensive. The proffers are legally binding. They exceed the zoning ordinance standards. The protections for noise for people related to this property are better than the protections for noise for anybody else living around industrial properties in Fairfax County, unless there's a proffer like this in here. And most industrial cases don't have that.

[07:50:10] And so I do think there are some cases, there are some elements of the proffers here, most certainly that exceed what our own county requirements are for industrial commercial properties in other parts of the county. And for me, that's a bellwether of whether we should make this change.

[07:50:27] Are we doing better than what our own zoning ordinance tells us that we need to be doing? And I think that this application does that. Finally, before we vote, there's one other group of people I want to thank, and that is all the folks who are in the auditorium that have nothing to do with this application because we have 60 some more speakers to hear from tonight with equal passions about things in their community and i appreciate you all staying with us while we vet this and make sure we do the best we can for this community to address the impacts that they have and so

[07:51:00] with that final word supervisor smith i can't believe i forgot to do this emma i can't thank you enough for all the hard work you put into this the time the work you did to make this a better application and really hearing what the community said and going to the applicant to ensure that we had a better application and i know billy spent a lot of time with us too but it was exceptional work so thank you so much thank you supervisor smith uh with that all those in

[07:51:34] favor of the motion please say aye aye any opposed parity nay any abstentions and that vote is approved eight to one supervisor Alcorn being absent from the auditorium with that we are going to move on and move on quick because we have a long way to go tonight so folks could please exit as politely as possible and we could get folks organized for our next public hearing which is a public hearing to consider an ordinance establishing the poplar tree community parking district in the

[07:52:06] sully district folks we're going to we're going to try to make sure we get assembled here for the

[07:52:17] next public hearing we're going to move on uh folks out of respect for everyone else here uh not

[07:53:05] to begin and we do okay and this is a public hearing to consider an ordinance establishing the poplar tree community parking district in the sully district and at this time i will recognize county staff for a staff presentation good evening chairman mckay and members of the board amir fashti with the department of transportation this is a public hearing to consider establishing the poplar tree community parking district on poplar tree road in suli district as shown on

[07:53:40] attachment 2. a community parking district is established to prohibit the parking of watercraft recreational vehicles, and all trailers on designated public roads in residential areas within the county. The requirements for the CPT, including submission of verified petition and associated fee, have been satisfied and staff recommends approvals as proposed. Thank you.

[07:54:14] Thank you very much. At this time, are there any questions for staff? Any questions for staff? seeing and hearing none this is a public hearing and i do have one person signed up to testify who signed up in advance and that is a new ah thank you can you say that name well good evening thank you so much this should be simple after that four hours i've been a fairfax county resident forever i lived in this community for about 17 years when we came in here the popular park and

[07:54:50] Autumn Glory way. The intersection was just a simple intersection. We used to take a right, and it used to be complicated because there are vehicles coming in. And the county decided to increase the length of, the breadth of Stringfellow and Populatory. Super excited. Heard about $20 million for that. Thought it was expensive. But we were excited because we could be safe, and our neighborhood could be safe because we had a lot of kids, school buses, so on and so forth. Well, the road did expand. Traffic did increase. We did have a traffic light.

[07:55:19] all that worked out good. Now when we take a right, there is a boat. One led to the next, to the next, to the next, to the next. There's about 15 boats. And then there is a Fairfax connector bus stop. Now days like last week, we have snow. So the snow ploying doesn't go all the way in. So it leaves snow outside. It leads to sliding vehicles. One of the boats was crashed one day because somebody hit it in the night. It's a small issue. I get it. But people should pay for their parking or take it to the neighborhood, not in our neighborhood. It doesn't look good safety and it's just a concern so sincere request as a citizen those

[07:55:57] boats should move on go where they belong and the trailers are not in front of our house that's about it thank you thank you mr. Karana for your testimony I have no other speakers signed up in advance to testify is there anyone here present who would like to speak on this matter anyone in the auditorium that would like to testify on this matter this is a public hearing seeing and hearing no one let me ask if the clerk has anyone who has called in there are callers no one has called in closing comments and a recommendation from county staff the staff recommends approval of this item thank you very much uh at this time uh if there are no further

[07:56:34] questions from the board i will close the public hearing and recognize supervisor smith for a motion thank you mr chairman mr chairman i move that the board of supervisors adopt the proposed amendment to appendix m of the fairfax county code to establish the poplar tree community parking district on the south side of poplar tree road from fallen oak drive to leafield valley drive i'm happy to second that motion is there discussion on the motion i'm just going to be really brief i i see the resident who brought this forward and i'm really happy about it we got a lot of emails from the community and i do have to admit i live in poplar tree estate so i drive by that on my way

[07:57:12] to work every day hopefully i don't know how soon the signs can go up but hopefully it won't take too long for that to happen i don't know if staff can provide any information thank you um actually why don't we get an answer to that just to make sure we maintain expectations what is the timeline for the signage to be placed should this be supported henry stein mccartney at fairfax county department of transportation signs are installed by a third-party contractor that we place the order for the signs tomorrow as soon as an item is approved we'll place the order

[07:57:48] for the signs uh they will install the signs um in the order in which they received uh the instruction from us to and to install them it generally takes two to three weeks to have uh signs implemented uh once we've ordered them so we we're we expect by mid-february we should see signs installed thank you very much uh if there's no further discussion all those in favor of the the motion please say aye aye any opposed any abstentions and that motion carries thank you very

[07:58:21] much on next we have a public hearing to convey board owned right away near near 6332 richmond highway to the virginia department of transportation in the franconia district and at this time i would recognize county staff for presentation thank you mr chairman my name is mike lambert i am the property manager of real estate services for the facilities management department krisky krispy kream donut corporation owns a bakery and restaurant located at 6332 richmond highway

[07:58:53] and identified as tax map number 83-3 subdivision 0501 parcel 11a as part of a special exception that allowed krisky cream to utilize a drive-thru in the restaurant facility the donut company was obligated to dedicate approximately 5 000 square feet of land to the county for public street purposes after dedication Krispy Kreme was required to construct various improvements within this right-of-way including a 10-foot wide asphalt path and landscaping strip and curb and gutter that all met with the Virginia Department of Transportation's current standards for street acceptance after a decade and a half of bond extensions Krispy Kreme became non responsive to

[07:59:31] the county's demands for completion of the right-of-way upgrades and was declared in default of its development conditions the project was forwarded to capital projects division of the Department of Public Works for completion, which incurred in July 2023. The entire cost of the streetscape construction was covered by the existing surety bond. Now, capital projects would like to have the right-of-way transferred to VDOT before the improvements begin to deteriorate. Note that this is a one-time command to property along Richmond Highway, resulting from a developer default. The dozens of parcels that are being purchased along Richmond Highway as part of the bus rapid transit project will be dedicated as a group to VDOT at the end of the acquisition process for the project.

[08:00:10] this concludes the staff report thank you very much are there any questions of staff I'm not seeing any questions I do just want to make one quick comment which is the significant improvements that are coming to the Richmond highway corridor that necessitate acquiring these properties to complete the road widening pedestrian improvements and bus rapid transit along the highway the one concern I repeatedly get and I know I got a good answer from staff in here but I want to stress it on the record that when we acquire these properties, we must demolish

[08:00:45] them as fast as we possibly can because them sitting vacant, boarded up, blighted are sending not only the wrong message to people along the Route 1 corridor, but they're also a danger to the community, these vacant buildings. And so I would just say generally speaking, and I know this isn't a vacant building per se, but I wanted to make sure people understood that because it is a common complaint we get.

[08:01:08] I know DOT is working as best they can. I know some of these properties are acquired by VDOT. Some are acquired by DOT. I just want to make sure everyone working on this project is well aware of this board's desire when we acquire these properties to demolish them as quickly as we possibly can. Any questions for staff? Seeing and hearing none. This is a public hearing.

[08:01:31] I have no speakers who have signed up in advance to testify on this matter. Is there anyone present who would like to testify on this matter. Anyone present who would like to testify, this is a public hearing. Seeing and hearing no one, let me ask the clerk if anyone has called in. There are no callers.

[08:01:47] No one has called in. Closing comments and a recommendation from county staff, please. Staff recommends that the board authorize staff to execute all necessary documents to convey the approximately 5,000 square feet of right-of-way to VDOT. Thank you very much. Last call, questions for board members.

[08:02:02] Seeing and hearing none, I will close the public record, And I will ask, this is in Franconia District, ask Supervisor Lusk for a motion. Thank you very much, Mr. Chairman. Very quickly, pursuant to the development condition requirement by Krispy Kreme, which we just heard of from the staff, I move the board authorize county staff to prepare and execute all documentation necessary to convey the 5,091 square feet of board-owned right-of-way located in front of 6332 Richmond Highway to the Virginia Department of Transportation

[08:02:40] for incorporation into the VDOT secondary road system. So moved. You've heard the motion. I'm happy to second it along with Supervisor Stork. Any discussion on the motion? Seeing and hearing none, all those in favor, please say aye. Aye.

[08:02:56] Any opposed? Any abstentions? That motion carries. Thank you very much. The only thing I'll add, Mr. Chairman, just for a little bit of humor, my daughter is a big fan of Krispy Kreme so when the hot light comes on she gets a little text and she leaves the house and goes so I just wanted to make that point thank you you might want to tell her we got some land from them tonight but we didn't get any donuts yeah all right we're going to move on to the next public hearing which is a public hearing to validate and convey property at

[08:03:32] the Franconia Governmental Center to the Fairfax County Redevelopment and Housing Authority in the Franconia District, and at this time I would recognize our county staff for a staff presentation. Good evening, Mr. Chairman. Tom Fleetwood with the Department of Housing and Community Development. The purpose of this item and public hearing is to reconvey and validate the transfer of the subject property to the Fairfax County Redevelopment and Housing Authority as was originally approved in march of 2021 this action will allow the fcrha to continue to explore and work toward the development of affordable housing on the site should the project move

[08:04:08] forward it is anticipated that such a project could yield up to 120 new affordable homes serving a range of incomes up to 80 of the area median income with an average of 60 of the area median income this is an early step in a long process that will include a number of opportunities for public input inclusive of the land use process with that mr chairman i'll conclude my presentation thank you thank you very much are there any questions of staff any questions of staff and again there'll be later time to ask questions but this is a public hearing and i do have a lot of

[08:04:44] speakers signed up for this public hearing as of now i have 39 so if you're here for this public hearing and you have not signed in please see the clerk down here to sign in and our first speaker is joy waller waller's here to be followed i'll mention again if i call your name please make sure you're you're close to the podium here uh william snyder patricia zisius and kevin cuss will be our first four speakers if you're here just make sure you're ready when it's your turn

[08:05:19] miss waller welcome hi i think actually some of those speakers um had to go to bed so there won't be 37 but um hi my name is joy waller and i'm representing the north franconia civic association we represent an area of approximately 800 homes in franconia immediately across franconia road from the property so we're very close i came across this county org chart when i was thinking about this hearing i'm sure you've seen it before but if not it has residents at the very top which i thought was good because the county government is supposed to implement the the will of the residents. So here we have taxpayer-owned property very close to our

[08:05:59] neighborhood, and yet residents, either near or far, have never been asked, how do you think this taxpayer-owned property should be used? In addition, the Board of Supervisors has never considered any use for this property other than affordable housing. Compare that to other taxpayer-owned property, like Lake Akatink, which is rapidly approaching the point where it will no longer be a usable lake. So did the county immediately decide to turn the whole area into affordable housing? No. The county put together a whole task force of residents to consider all sorts of ideas, determine what was viable, make a recommendation, and so on.

[08:06:39] For this property, there have never been any public comments until today with ideas from residents regarding other uses. That's because the first attempt to transfer this property to the Housing Authority took place on March 9th, 2021, when we were all trying to survive a global pandemic. No one in our neighborhood knew anything about the meeting since we weren't reading the legal notices section of the Washington Times, or else we would have had a lot to say. Today, we're not necessarily requesting a task force to make a recommendation on this property, but we do request that, first of all, community meetings should be held where residents can share

[08:07:14] their ideas for how they would like this property to be used. This is taxpayer-owned property, and the taxpayers should have a say. That has not happened so far. Second, the county should actually consider alternatives rather than simply defaulting to housing or anything else.

[08:07:30] It is impossible to say this is the highest and best use for this property unless you've actually considered alternatives. Now, we know that the board wants to address the shortage of affordable housing in the country. I'm sorry, county, probably country too. And that is important.

[08:07:46] However, we are opposed to the transfer of the Franconia Government Center to the Housing Authority because this location is unsafe for residential use due to its location next to one gas station, 100 feet from a second gas station, 150 feet from a third gas station, 415 feet from a fourth gas station, and just over 550 feet from a fifth gas station.

[08:08:14] As a point of reference, Montgomery County, Maryland requires large gas stations to have a minimum 500-foot setback from homes, daycares, schools, and other sensitive uses. Why is that? Well, benzene and gasoline is a known human carcinogen. Benzene exposure causes leukemia, among other medical risks. I've already summarized some of that research on the greatly increased health risks resulting from gas station proximity and benzene exposure and included it in written remarks, so it is now part of the record. But for example,

[08:08:50] the CDC recommends that people shouldn't let their families play near a gas station. So presumably, it is even riskier to live next to a gas station and very close to four others. The World Health Organization reports that indoor concentrations of benzene are commonly higher than concentrations in outdoor air as a consequence of the entry of benzene from outdoor sources such as gas stations.

[08:09:15] Fairfax County should not create environmentally unsafe affordable housing for low- and medium-income individuals, particularly given our one Fairfax policy where all decisions are supposed to be made with an equity lens. Unless a bunch of gas stations close, this site will never be safe for residential use.

[08:09:37] There is no point in spending more time, energy, and money attempting to transfer this property to the housing authority, only to have the property eventually transferred back because the site isn't suitable for residential use. The sooner that everyone acknowledges the site isn't safe for housing, the sooner everyone can start determining whatever is the highest and best use for the property.

[08:09:58] Our association has heard some ideas that could potentially be viable even with the gas station proximity. We don't have a particular preference. We're aware that both the local Koinonia Food Bank and also the Franconia Fire Department are desperately in need of additional space and could possibly make some use for the existing building and grounds. In closing, determining an alternative use is a decision for another day.

[08:10:22] For now, we urge you to reject the motion to transfer the property to the housing authority and at a minimum pause so that you can consider testimony from the county's health director regarding the safety of living near gas stations and the chief equity officer regarding whether it would be wise to move forward with this plan. The county should not build affordable housing for vulnerable human beings in a location that is environmentally unsafe for residential use and that's exactly what this is. Thank you very much. Next speaker is William Snyder. William Snyder

[08:10:56] here. He is. How about Patricia Zissias? Okay excellent. Mr. Snyder welcome. Good evening. I started by writing good afternoon but that's long past. My name is Bill Snyder and I appreciate the opportunity to speak here as a resident of Franconia District and a representative of my homeowners association Valley View Manor on the Franconia Land Use Committee. We're very close to the current Franconia Government Center and we are not in favor of transferring the current property to the housing authority. There are better options so I request this proposal be rejected

[08:11:33] or at the very least paused for complete consideration of better options. Our Land Use Committee and other public meetings highlighted numerous serious issues with the proposed redevelopment of the Franconia Government Center into housing development of urban level density.

[08:11:51] Those range from health concerns surrounding that property as a dense residential site, lack of accessibility to walkable grocery stores for potential residents, increased strain on the infrastructure, compounding traffic in an already congested area, and extremely high opportunity cost of not pursuing other high-value uses for that taxpayer-owned land and its existing structure. Our neighbor, Joy Waller, just articulated the health concerns that I can't stress enough the importance that this board take them into serious consideration,

[08:12:27] serious enough to reject this proposal. I would like to speak about all of the other issues I mentioned, but in my limited time, I'll contrast this proposal with our own One Fairfax policy under a section titled Areas of Focus to Promote Equity.

[08:12:43] Among these are quality built and natural environment that accommodates anticipated growth and change in an economically, socially, and environmentally sustainable and equitable manner that includes mixes of land use, that protects existing stable neighborhoods and green spaces, supports sustainability, supports a high quality of life and promotes employment opportunities, housing, amenities, and services for all people.

[08:13:14] Infill development and redevelopment should work to avoid destabilizing or adversely affecting older residential neighborhoods. Anyone here can tell you that a four-story urban density development with over 35 dwelling units per acre built adjacent to older townhomes and one- to three-story schools, churches, and businesses with few exceptions comports with none of those Fairfax County areas to promote equity.

[08:13:42] Though this is being pushed by Fairfax County as a standalone project, that's far from the truth on the ground. The county has already approved over 2,000 dwelling units in and around that short Franconia Road corridor, with almost 2,000 more in the pipeline, with these 120 included.

[08:14:00] This pace and placement of development here is not equitable in protecting existing stable neighborhoods and green spaces, nor does it support sustainability, a high quality of life, and amenities for all people. To equitably consider better uses for the taxpayer-owned property and its standing facility, this project must be considered in aggregate with a total of 4,000 units planned and pipelined in that small Franconia area.

[08:14:31] That broader, more equitable view would highlight opportunities to use significant county programs specifically designed to support lower-cost housing while at the same time exposing the impact of such unconstrained growth on an already stressed infrastructure and traffic congestion.

[08:14:48] That 4,000-unit view could likely reduce some of that redevelopment pipeline and provide our community the opportunity to reimagine the current Franconia government property and facility as a real center of the community with service centers, some critical green space, and any other number of benefits beyond urban-level development.

[08:15:12] I sincerely urge the county and other proponents of this proposal to elevate their decision matrix from this single-site flawed option for affordable housing to a wider, more equitable set of options for Franconia. I especially urge that higher-level perspective for proponents who do not live in the immediate vicinity.

[08:15:32] A final point on green space. The new Franconia Government Center is under construction on 6.6 formerly green acres that are now lost, and that lot is double the current government center's 3.3 acres. The county has no offsetting green space in Franconia for this project or any of those 4,000 units in the pipeline. If we don't take a pause and truly reimagine Franconia development in ways other than large 100 to 600 unit buildings, then it's time publicly to admit that Fairfax County

[08:16:06] is done with Franconia as a mixed residential area because you're urbanizing it rapidly and inequitably. So please reject this transfer or at least pause it for more complete evaluation of other value-added alternatives. Thank you for this opportunity. Thank you. Speaker number three is Patricia Zissius to be followed by Kevin Kuss and Elaine Anderegg. Welcome. Thank you. And again, good evening, Chairman McKay, Supervisor Lusk, and the members of the Board of Supervisors.

[08:16:40] My name is Dr. Patricia Zissius. I'm speaking today as a Fairfax County resident and taxpayer for 43 years, living in the Franconia District this entire time. I also served as a principal with the Fairfax County Public Schools at two high-needs elementary schools in the Franconia district so i'm well aware of the transformation of our area our neighborhoods our schools our streets and our demand on public services i understand the difficulties inherent to support competing needs across our district specifically and to fairfax county in its entirety the franconia center is a taxpayer-owned public property its location in a commercial area

[08:17:15] on an already congested major commuter byway in a close proximity to five carcinogenic gas gasoline stations precludes it being conducive for housing of any kind within the fairfax county strategic plan the five key themes are woven into the framework of the 10 community outcomes of those 10 outcomes the impact on the existing neighborhoods and residents in and around the Franconia governmental center can be reflected most in three outcomes one effective and efficient government states all people trust that their government responsibly manages resources is responsive to their needs and provides exceptional services and

[08:17:52] equitably represents them. The residents in North Franconia did not have their voices heard to offer alternative uses for the publicly owned property on Franconia Road. We did not have an equitable and responsive representation to our needs. We cannot ascertain that this is a prudent and responsible management of our real property with a transformation into 120 affordable housing units in lieu of alternative options. Two, housing and neighborhood livability states all people live in communities that foster safe enjoyable and affordable living experiences the current residents in North Franconia will be greatly impacted by the current building usage housing plan on their

[08:18:29] quality of life the tremendous transformation of the once undeveloped areas that have occurred over the past 20 years like Manchester Lakes Kingstown townhome our apartment complexes on Franconia Road Van Dorn Street and Beulah Street change the livability in existing neighborhoods the infrastructure schools and public services have all been greatly impacted the aging population is being forced out of their homes due to the added stress of dwindling supports available third mobility and transportation states all residents etc can move efficiently throughout the county beyond using well-maintained network of roads sidewalks trails and transit options

[08:19:05] as it is franconia road has become a commuter route it stays congested every day all day It is the route of choice for people hoping to circumvent the traffic on 495 towards Springfield or the Wilson Bridge. Residents who live from Beulah to Van Dorn are trapped in their neighborhoods, and adding more housing adds more vehicles to an already congested area.

[08:19:24] So in conclusion, I ask the Board of Supervisors to seek alternative uses for the site. Stay the process, hear our voices, be more transparent about the process, and invite innovative thinking, as Supervisor Lust proudly shares the story of the impetus behind the WISH, workforce innovation skills hub in the unused site in high of la valley why not seek what can be done on the franconia governmental site aside from housing units there are opportunities of public private partnerships to create what north franconia community wants let our voices be heard thank you thank you very much uh speaker number four is kevin cuss is kevin here he is uh how about a late

[08:19:59] ander anderegg here and um sherry roth okay very good uh welcome mr kuz thank you i'll just start off with my notes at work trying to get here and i'm going to kind of wing it just with stuff ahead so first off uh thank you for allowing me to speak today i kind of echo the previous three speakers they speak my voice but i'm going to take a little different approach i want to ask for your consideration not to transfer the franconi government center and police station to the residential housing. I'm saying residential housing and that's for a reason I'll get to that. I'm a U.S. Army veteran, a homeowner, and a member of the North Franconia

[08:20:36] Civic Association since 2010. I personally witnessed the traffic increase exponentially over the years. Beulah and Franconia intersection is dangerous. I personally witnessed seven accidents just coming and going in that intersection alone. As a parent what keeps me up night is the traffic safety kids pedestrian and pedestrian safety this project is adjacent to my home this effort directly impacts me i live here just because or i understand that the uh the need for housing i got that but this is not the place just because we can doesn't mean we should we

[08:21:13] already have congestion and it's no longer feels like it's safe safe space to place housing if a resident goes in it's not about if it's about when someone's going to get hit and i say that because we're well aware of that beulah street but there's a 7-eleven across the street and i see people running across the street not at the instant intersection at the crosswalk but i see people running across i've seen a unmarked police car get an accident there it will happen so it's a ticking time bomb for a resident that goes in there a kid a sibling a parent a mom a dad that's

[08:21:49] going to be hit by a car i'm just saying on the record because i want to be able to sleep well at night um i'm asking again what our previous three people asked to reconsider i think there's other opportunities our fire department the best these guys are the great like give them the space let them do training in it revert back to a park a playground a place where or like Brantoni residents have a place to go and actually can be outside and talk to other residents we don't have a place like that a place that I can have my dog walk around with well that being said I know times precious I want to emanate care I want to thank everyone for your time thank you our

[08:22:28] Our next speaker is Elaine Anderig, followed by Gray Komich, and then Sherry Roth, if they come down closer. Thank you. I'd like to confirm I have five minutes because I'm representing my HOA. Yes, you are listed for five minutes.

[08:22:44] Thank you. My name is Elaine Anderig, and I've been a resident of Franconia since 1999. I'm speaking on behalf of my HOA. I thank you for this opportunity to speak. We urge the board not to validate and convey the property at 6121 Franconia Road at this time.

[08:23:02] Community input was not solicited on alternative uses, and the board made a decision to convey this property during the COVID pandemic in 2021. Since this decision was made, we have been told nothing has been decided on the property, and the chance for public input is coming.

[08:23:18] Well, in two days, there is a public hearing on the proposed redevelopment into a four-story apartment complex. It seems like some decision has been made when a close to 400-page redevelopment proposal has been put together by outside agencies and developers.

[08:23:35] We have missed our opportunity, it seems, to look at other uses unless you vote against conveyance today. We urge you not to convey this property and to open up community discussion on alternative uses that would benefit the citizens in our district. Possible uses could be recreational, perhaps artist studios, workforce development training, maybe an expanded training area for the fire department, or used by non-profits that serve the area.

[08:24:00] Something that helps to create a focal point of community use for this area of Franconia. Our point being that we have not explored the needs of the local community and the district, and how this property could best be used as a public resource. It is too early to move ahead with the decision to turn it into housing.

[08:24:18] There's not a lot of county-owned property available to develop as new resources, new community resources for the ever-increasing population of Fairfax County. This is an opportunity to assure this property is staged to be of long-term use to the best fit of the needs of the citizens if we take time to fully explore alternatives.

[08:24:39] We cannot lose sight of the fact that there are over 4,000 housing units already approved for development in the district, with some 98% of them around Kingstown and the Springfield Town Center. This winter, another 2,100 units have been proposed in this same area.

[08:24:57] We already suffer from overcrowded streets and crowded shopping centers. Recently, a power line was hanging in the street at Franconia Road and Fleet Drive, halting traffic. I called the police and was told that the fire department had been out to the site and they were trying to get police to the situation.

[08:25:15] No one was currently there and traffic was honking at those stopped by the power lines. Why the fire department left the site? Why the police couldn't arrive when they're just down the road? I don't know. But it makes me question whether we are able to keep up with the services today, let alone after adding all these additional units to our neighborhood.

[08:25:36] What about the need for future schools, parks, and other public services? Where is the public land to accommodate these? Here are 3.26 acres of public land proposed to be tied up into more housing, housing that is totally out of character with our neighborhood.

[08:25:54] We live in a neighborhood of family homes and business, typically no more than two stories above ground. This four-story, 120-unit building proposed is totally out of character and will dominate the landscape of the surrounding area and change the look and feel of our neighborhood.

[08:26:13] Lastly, I think it bears consideration that this property may not be safe for housing. Having spent a career in the federal government as an environmental engineer, I have to point out this property abuts a shell station. Along Franconia Road within 500 feet, there are another four gas stations. There are many studies showing the health effects of exposure to chemicals coming off of gas stations. Benzene, one of those chemicals, is a known carcinogen. I have seen it reported that indoor air nearby can be a real health concern as the chemicals concentrate in

[08:26:47] the enclosed space. Do we citizens want to have a hand in the possible ill health of these residents? Before a decision is made to convey the property, there should be a risk assessment completed on the health impacts due to this exposure route. In summary, there needs to be more discussion and exploration on the future use of this property as to its best beneficial use as publicly accessible land for the community before a decision is made to turn in solely into housing. Please listen to those of us in the community and do not convey this property to the Redevelopment and Housing

[08:27:23] Authority. Let's start this process as it should have been done and had we not been in a pandemic and open up discussion on alternative uses for this public property and balance that with the community needs for public services before any decision is made on the future of the Franconia Government Center. Thank you. Thank you for your testimony. Our next speaker is number six, Gray Comish, followed by Sherry Roth, Jeanette Campbell, and then Catherine Hurdy. Is Gray here?

[08:27:54] Gray Comish, I have lived in Franconia since 1978. Can you hear me? Yes. All right. Supervisors Lusk and McKay know me, but for the rest of you, I'll briefly explain why I'm so passionate about the future of our Franconia Government Center. I care about our community and its families.

[08:28:17] Our kids were raised in Franconia schools and churches. I was a volunteer officer and still am in the North Franconia Civic Association, a scout leader, a leader trainer, a t-ball mom, a church choir member, a frequent donor to Quantonia, and I started my 20-year Fairfax County Public Schools teaching career at Franconia Elementary. For all of those activities, we never had a nearby community center. The proximity of a police station was an unspoken asset. Now that the county is relocating that asset, it seems like a perfect time to use the

[08:28:55] perfectly good building for the almost countless possibilities of community activities. Not unlike supervisor Lusk's High Blue Valley Community Center was created by repurposing a building. I and most of the neighbors I have spoken with would like to have the government center remain taxpayer property for taxpayer use rather than have it replaced by high-density housing which would be totally out of character for the neighborhood. But I'll get to the negative possibilities in a minute. I'm really trying to remain positive. I am positive. That was all

[08:29:34] of the civic-minded, capable families of all ages living in our area now, there would be no shortage of constructive beneficial uses of the building. I'm aware of the two very important assets that have been mentioned many times, Quinonea, which is how our neighborhood offers our hands up to those most in need, and the fire department, and I think our neighbor and the fire Chief Tim Blooming is there to speak. So this government center replacement, of course, is an

[08:30:08] opportunity for those two people to expand their meeting and training facilities and an adjacent property. So the bottom line is that as a very local taxpayer, I feel like a part owner of the Fangonia Government Center. I feel slighted that my opportunity to express my preference for its future use has been limited. I do feel like the supervisor's decision to raise the building and replace it with housing was made at best without consideration of the desires of the

[08:30:43] immediate neighbors who will inarguably be most affected by it. We would like to think that current residents' concerns would receive more consideration from their elected officials who were supposed to represent them. You have heard and will no doubt hear more on the negative effects that any high-density development in the relatively small space now occupied by the government center could have. I would just like to emphasize the two that concern me the most.

[08:31:18] At the Meet the Candidates gathering at the John Marshall Library, there were multiple comments from people who could not get out of their driveways because of traffic, much less get out of our neighborhood onto Franconia Road and then to Puyla or Van Dorn. It's ridiculous that one has to double their expected travel time from Franconia to anywhere because traffic is already messed up today.

[08:31:45] Just imagine what future high-density development will bring us. As a veteran teacher, I'm always concerned about education. My kids are a very successful product of the Edison Pyramid of schools. I really want my neighbor's kids who are now in that system to have the same opportunity to succeed without overcrowding and the resulting inevitable reduction of quality and services that this system can and should provide.

[08:32:15] And filling playgrounds and even parking lots with portable classrooms really is not a quality solution. So in summary, we would appreciate the counties regarding the concerns of the community of people who already live here. It's loud and clear that we do not want continued urbanization of this area.

[08:32:36] Please hear our voices. Good citizens of this community who have been here for a long time are frustrated with the lack of choice, not only about the tax dollars we pay every day, but how our tax dollars are spent.

[08:32:51] It has forced some very good people who have been here for decades to relocate, And that's just not fair to the people who have lived, worked, and invested in our Franconia community. Please do not devalue our investments.

[08:33:10] Please do not validate the property transfer at this time. Thank you. Thank you very much. We are on speaker number seven, Sherry Roth. Welcome. Hello, that would be me. Let me introduce myself. I'm Sherry Roth.

[08:33:25] I am a longtime resident of Fairfax County, born and raised right here, Lee District, excuse me, Franconia, 57 years. I'm coming to you, the board, because I'm opposed to the development of the Franconia Government Center.

[08:33:44] My family and I own the property that is directly across from the Franconia Government Center. We own the property that is La Fiamma and the property that is the Amerigo gas station that runs around Valley View. Now, I never knew that this even came up, that you all were proposing to build an affordable housing unit.

[08:34:07] Never heard of it. My tenants didn't hear about it. None of the homeowners associations all around heard about it. I've talked to the president of Kingstown Residential Homeowners Association, Rose Hill Civic Association.

[08:34:22] There are tons of different affiliates. Nobody's known about it. Supervisor Lusk, I don't understand why all this was floating under the radar. I mean, I'm just appalled that nobody knew about this. This is my backyard.

[08:34:41] Like I said, I've lived here for forever. This is not what the government center should be used for the property, a housing unit. The other thing is, is I don't know if some of you know, my father was Joe Alexander. He was a supervisor of lead district.

[08:34:58] And shame on you, Jeff. You know, he mentored you. And I thought that, I don't know, I'm just a little disappointed. I feel like my dad right this second would be rolling over in his grave if he knew what was going on here in the district and in the county, honestly.

[08:35:20] He would have had meetings. He would have had town halls. He would have met with all the homeowners associations. He would have had placards all over the place trying to get information out to all of his people because that's what Franconia is or was, his people, his neighborhood, his backyard.

[08:35:41] But nobody knew about anything. You know, again, everybody was talking about the gas stations. There's four gas stations right around that site. Would you want to live in a community and look out your window and have a gas station? Traffic in the area is horrible.

[08:35:58] I don't know if you've ever gone around there 3.30, 4 o'clock, 4.30. I mean, it takes forever on Frank Caney Road just to get on Van Dorn Street. Adding 120 units will just make matters worse. Frank County Elementary School is just less than a block away.

[08:36:15] That site is already over capacity. If you add any more homes and children, it's going to be even more so and add more trailers in the back. To make a long story short, this... development should not be transferred i think that this should be used for the community a recreational park a dog park something that the franconians can enjoy to to live in um i'm just a little disappointed that our district has gotten this way and i think that you know we're the

[08:36:53] residents we're the ones that matter and i think that you need to listen to us and not everybody else. So thank you. Thank you, Sherry. Our next speaker is Jeanette Campbell. Jeanette here. Jeanette to be followed by Catherine Hurdy. Catherine is here. How about Michael LaMarche?

[08:37:15] Okay. Very good. Ms. Campbell, welcome. I am Jeanette Campbell, and I have lived in the Franconia community for 31 years, and much of my background was involved in working with low-income and disadvantaged young adults.

[08:37:38] Although I recognize the importance of low-income housing, it's equally important to keep the current government facility available for use by the surrounding community.

[08:37:54] I think that for everything that has been discussed earlier, it just does not seem to be a responsible decision. So I'm asking that you not convey the Franconia Government Center to the redevelopment and housing authority at this time to allow input by community members who will be most affected.

[08:38:20] And also, to reiterate, discussions that led to housing happened during a time of COVID. And, you know, I read that it had been advertised extensively, and I always ask myself when someone says something, what would make that true?

[08:38:43] Because I don't like to think somebody's lying. But, and what would make that true is, yes, it probably was posted in online, in newspapers or articles, but that's really random in terms of who's going to see it.

[08:39:02] And certainly you want to make sure that the community members affected most are aware. And it's funny because even, I think there must have been a sign at one time in front of the government center, but it was right in that proximity where there was a sign that said something about locking your cars at night because of the theft.

[08:39:27] And so I think maybe some people may have even thought that it was that, more of that. but even so it sits a little bit back and when you're driving in traffic you can't it's hard to even slow down and if you do you still can't read it you've drive you've driven past it before you can read it and um you know you're trying to focus on the road anyway when significant changes are indicated are initiated i think it would be a good idea to at least consider notifying the

[08:39:58] In bringing in the homeowner associations, any of the surrounding committees, doing some mail-outs, some mailing notices, or placing signs at the entrance of neighborhoods, I think using the government center to provide resources and activities adds value.

[08:40:18] Adding a four-story apartment on Franconia Road is at odds with an area that is not currently zoned for this purpose. Am I okay? You can wrap up, please. Thank you. In this particular case, transferring the government center to the Redevelopment Housing Authority, that created an avenue during COVID when people weren't paying as much attention.

[08:40:42] Transferring it to the Redevelopment and Housing Authority created an avenue to bypass a procedure that normally would have required the scrutiny of zoning to be approved for it. And also, people that drive Franconia Road on a daily basis, they know all too well the traffic density, the backups, and the accidents that occur at intersections on Franconia Road.

[08:41:10] Low-income apartments, no matter how well intended, will significantly increase the density on that road, and there's no more room to expand the lanes on that road. And so adding these apartments may marginally solve one problem, but it's going to create other problems.

[08:41:34] Thank you, Ms. Campbell. Okay, thank you. Thank you very much. Speaker number nine is Catherine Hurdy. Ms. Hurdy, welcome. Hello, and thank you so very much for my opportunity to speak here.

[08:41:52] I am a resident of the Franconia. Kingstown area. I live right off of Beulah Road. I don't know how many of you have gone on Beulah Road any time of the day. And because we have a lack of law enforcement due to defunding, it's a speedway. I can barely get out of my road sometimes because people are going 40,

[08:42:26] 50 miles an hour on that road. So now you want to add approximately 200 more cars to that area. and where do you think they're going to go for stores? Wegmans is right down Beulah. So they're going to block it up even more. So I really oppose, strongly oppose this transfer for housing units.

[08:42:55] It's not fair to those of us who live in the area with the gas station issue. And I'm a naval engineer by background, so I know what gasoline can do and fumes. That's not fair to those who would be forced to live there because it's low and middle income housing. That's not fair at all.

[08:43:19] I propose that you hold community meetings to be held at times convenient to working taxpayers, by the way. 4.30 p.m. for this meeting, and I appreciate everything that you all do, But that's not really a convenient time for people who work, you know, regular jobs, 9 to 5, 8 to 5, whichever.

[08:43:41] And thankfully, I'm retired from the military, so I can do this. But what about those people who can't? So please hold community meetings so that we can discuss, you know, proper uses of this taxpayer-owned, and I do pay taxes, property.

[08:44:01] I ask that you fully and properly consider these alternate uses before deciding to do anything with this. I personally would prefer this space to be a green space. I absolutely understand that, you know, more tax money is, you know, preferred, but we need green space, please.

[08:44:24] I need a place for my dogs to go to a dog park. I don't have one here in Franconia that is close to where I live. So I know there's a lot more people to speak, and a lot of the items that I had in mind have already been covered. But I do want to add that I would request the Board of Supervisors to, in your newsletters, and Supervisor Lusk, I do get your newsletter, and I greatly appreciate all the information you put in there.

[08:44:52] But if you could add a link to the public notices, this makes it easier for us, because driving by those public notices, I can't read them. how many people can read them until you get out of your car and go read them so if you could please do that at the very least i would i think everybody would greatly appreciate it thank you so much for your time and thank you for all you do thank you very much uh we are now on speaker number 10 uh michael lamarche is michael here he is uh timothy fleming i know is here uh michael

[08:45:27] okay is here uh lee comic is by telephone so if i called your name if you could please make your way down a little bit closer that would be appreciated speaker number 10 welcome thank you uh good evening and thank you for the privilege to testify here tonight and hearing from directly from your residents from your taxpayer i'm here this evening i agree with all the speakers ahead of me in the sense that we kingstown were just in shock to learn about this development when we did

[08:46:02] I think a lot of that was by the pandemic, and I think you all relate to what that process was like for the average family. We're asking that, essentially tonight, that you delay the conveyance of the site, and we're asking that you do the same thing that we've witnessed and we're very grateful for Mr. Rodney Lusk do with our community, and Mr. McKay, we're very privileged that you've done the same over the years as well.

[08:46:31] And with that, I ask that you hold some more community engagements to get input from the site. After this, I'll be testifying again, and I have much better news for you all. So, but that engagement works, and I will go as far. I hope I don't get myself in trouble with the board I represent.

[08:46:50] So, oh, for clarifying, you know, our board, a supervisor, our board of trustees represents 5,300 households and 18,000 residents. We take transparency and communication very seriously. So I will go as far to donate one of our community centers to you all to assist with the community outreach and input from the community on the uses.

[08:47:17] I want to highlight that we did do a survey with our community. Given the timing, we were only able to do the North Village. We figured, well, that's about right. They're the closest. Mr. McKay, you're familiar with our community. And I wanted to highlight that 62% of our residents were alarmed, vehemently opposed the project.

[08:47:39] 23% supported the project. We believe if we were to hold a survey across our community, we would have pretty similar results. And the reason is that, you know, the primary thing residents are concerned about is not so much housing.

[08:48:00] And I will also go on the record that I'm not opposing the affordable housing because we're embracing it in your next topic tonight. It's more of you didn't get their input on the use. And, Mr. McKay, you're on the record of, you know, saying, you know, recreation in our community is important.

[08:48:16] We don't think that consideration has been made. We've heard from our colleagues on the Land Use Committee that that could be a great way to offset some of the development down the Franconia Corridor. And I just want to highlight a few topics. uh you know first uh we had no idea um that koinonia had interest in the site i think that highlights an opportunity for a mixed use opportunity you might be to accomplish many things on that site we also had no idea about the fire department we kingstown uh one of the things that is always a community is a dog park it's the most popular thing we have no place to put it

[08:48:53] on the land we have us we've already would have built it um we've engaged the county on the bank's property and our board I can't cut you a check tonight but I will say our board would be seriously consider partnering with the county with some financial means on an amenity for a county it's super important other counties have built pickleball courts they're taking off around the DMV everywhere you know all the way from Stafford up counties are building them we see an opportunity

[08:49:25] here um and uh you know lastly uh we've we've heard the need and you know from for more senior housing so i think that should be a consideration but what i want to highlight is out of that survey i just gave you and this is going to dovetail into my closing remarks later this evening is what people are worried about are not these 120 homes per se it's the macro lens and this is what we hear from the land use who has opposed other sites. It's the macro lens. We were presented by

[08:49:59] the county. About 4,000 homes planned around the Franconia-Springfield corridor and no funding towards infrastructure improvements along the roadways. No plans or assessments. Really good questions were asked. And we've gone on the record as Kingstown to ask for a comprehensive analysis for all the units planned or approved, for that matter, to take a global look at that.

[08:50:27] And I just wanted to close this. I heard the comments about traffic. I'll tell you, I've lived since 2008, and I've been the person who got off the bus and walked to the bus to Van Dorn station faster than the bus could get there.

[08:50:42] I think that says a lot. Thank you for your time, and we sincerely ask that you please consider the voice of all for equity. Thank you very much. Speaker number 11, Tim Fleming. Tim, welcome.

[08:51:03] Good evening. I would have said good afternoon, but that was a long time ago. I'm Tim Fleming.

[08:51:18] I'm the chief of the Franconia Volunteer Fire Department. We've been around a long time, since 1934. We started out where the current government center is, just so you'll know that we're still interested in it. We have two stations. We have the Franconia Station.

[08:51:35] We have the Kingstown Station. We provide facility for the Franconia Station, the building, the maintenance. We provide everything in that place for the career firefighters who staff it 24 hours a day.

[08:51:50] We also provide equipment, trucks, ambulances for Fire Station 37, which is down at Kingstown. We provide the funding for it as well, which is quite a feat.

[08:52:07] We do it through fundraising. We do it through bingo. We do it through a lot of other ways. We support the community. We're used for meetings. We have a mosque. We have Zumba there regularly. And so we're part of the community.

[08:52:27] In Fairfax County this year, we did 129,000 calls for the fire department. It was up 10%. It'll be up 10% again next year. Right now we have an aging population.

[08:52:43] In the Fairfax-Franconi area, we support facilities at the new buildings at Van Dorn. We support Sunrise. We go to Green Springs quite often. And another facility that the county has is Schoonmaker.

[08:53:01] 4,000 new ones going into our area. That's a bit. All right. We have the bays at the fire stations in the Franconia area are all full of apparatus.

[08:53:18] It's engines. It's trucks. It's ambulances. It's medic units. It's brush trucks. It's hazmat units. All right. This is what we do. But they're all full. We're looking at splitting the channels because we're getting so busy for dispatch so that we can do two different dispatches at the same time, one in the north end, one in the south end.

[08:53:46] We did an experiment last week on it. We now have two deputy chiefs, one on the north end and one on the south end. We're getting busier and busier. The reason I do this is because my building is getting old. It was built in the late 60s, early 60s, and has been used and abused.

[08:54:06] We were thinking about, probably in the next 10 years, replacing it. We were looking at the piece of property we started at as a nice piece of property to go to. It's on Franconia Road. It has immediate access to the main thoroughfare.

[08:54:22] We don't have to make two lefts and a right to get out on the boulevard. It'd probably be a lot safer for everybody involved. We're also looking at perhaps expanding and putting in some training space. Our equipment needs are going to grow. We're going to need more ambulances.

[08:54:37] I mean, that's the fait accompli. You can't keep raising the number of calls, the number of people, the number of actions that you take without addressing the fact that you need more apparatus. Our times are becoming longer.

[08:54:53] It's harder to get out. Our people are getting tired. We need to do additional units, and there's no place to put them. With Fire Station 37, which is the one in Kingstown, the place was originally built for six people, four on the engine, two on the medic.

[08:55:11] Right now, there are 12 people living there. I mean, it's pretty incredible. Our equipment needs are going to grow, and that's just the facts of life. One of the things that using the old government center would do for us, it would allow us to keep an operation ongoing while new buildings are being built or modified.

[08:55:31] We could do a parallel development while we operate out of either the old facility or something like that. And the other thing it does to us if we have access to that property would be it would continue the relationship between the volunteer organizations and ours in particular and the county so we need uh we need a little support we need to figure out how we're going to do this over the next 10 years because it's a lot of money for a volunteer organization so i would say you know let's let's not convey

[08:56:05] until we uh have gotten together a plan that we can work out any questions thank you thank you time. Appreciate it. We're on speaker number 12, Michael Ogin, to be followed by Lee Komich, who's a caller, Phoebe Coy, and Jill Norcross. If you all are here, please be ready to testify.

[08:56:30] Michael, welcome. Thank you. Good evening. My name is Mike Agin, and I live in Franconia, and I've lived here since 1991. I urge you not to validate and convey the property located at 261-21 Franconia Road at this time, the board had previously made a decision to convey this property in 2021 during the pandemic.

[08:57:00] I do not see any evidence that there was consideration of other possible uses for this property or that the community was asked for any input. So I will list just some possible other uses for this Franconia Government Center, which sits on a historic site, the old Franconia train station.

[08:57:25] It could be converted into a community center, which could include rooms for club and association meetings, artist studios, an expanded and improved history of Franconia Museum with a hands-on room for kids, a dog park, picnic area, a train-themed playground, a garden corner for children to learn about old Franconia Farm.

[08:57:57] Other possibilities would be like tennis courts or volleyball courts and or basketball courts. Transferring this property for housing as planned is also out of the character with this neighborhood.

[08:58:16] The character of this neighborhood is family housing limited typically to no more than two stories above ground with small businesses and gas stations along Franconia Road. This four story, 120 unit building proposed is totally out of character and will dominate the landscape of the surrounding area, which I don't think is going to cause you to change your mind since the last building was 110 feet.

[08:58:50] But this is right closer to our house. The other one was a lot farther. Okay. Also, and people have already stated this, the five gas stations located near this location.

[08:59:07] So there's a Shell station just right next to the property, and right across the street there's a Marigone Exxon. And then right down this road there's a Liberty and a BP. So all those five gas stations, the BP is the furthest one, and it's like just shy of 900 feet.

[08:59:28] So this fact alone should question whether or not you should develop this land for high-density housing or housing at all, for that matter. Is that time? It seems to me that more serious discussion must be taking place for the future use of this land and property.

[08:59:48] Considerations that best fit the needs of the community must be addressed before a decision is made to turn it solely into housing. Thank you. Thank you, Michael. Speaker number 13 is Lee Comick, who has called in.

[09:00:03] Is Mr. Comick on the line? I am. I'm Lee Comick. Let me introduce myself. I'm a retired U.S. Army and also retired as the chief pilot for the nuclear emergency search team and now the president of the North Franconia Civic Association.

[09:00:19] Through the association, I've had the pleasure of working with both Supervisors Lusk and McKay. Supervisor McKay, well, is now the chairman. I plan on coming to the meeting tonight, but at age 83, I minimize driving at night, particularly when it gets this late.

[09:00:39] So let me move on. While still on active duty in the Army, in 1978, our family was transferred to Virginia. After a lot of research, we decided to settle in Franconia, spent four years on a final overseas tour for a year in Alaska, and decided to come right back to Franconia.

[09:01:01] We're attracted by the great schools for our kids, the fact that we lived next to a big city, D.C., and yet we had a residential-style neighborhood here in Franconia. One of the many attractive features when we came in here was the proximity of the police station, which seemed to keep things pretty much crime-free.

[09:01:24] We didn't worry about the kids getting out. We didn't have speeders in the neighborhood, and that's changed. The reason we're here tonight is the county is considering relocating the police station, although losing our neighborhood police would be softened if we were replacing it with something else that would not increase the burdens on the infrastructure, but instead support the community.

[09:01:55] Most of the neighbors I have spoken with would like to have the government center remain taxpayer property for taxpayer use rather than have it replaced by high-density housing, which would be totally out of character for the neighborhood. I'm aware of two very important considerations for the community.

[09:02:16] Kona and Neil would love to have a space in that government center, and they, of course, allow us to give a helping hand to some of the less fortunate in our community. Also, we heard from the fire chief a few minutes ago, The Volunteer Fire Department would love to grab up some of that for their training facility.

[09:02:39] As president of the North Franklin Pacific Association, I appreciate getting to participate in this. Much of what I would have to say has been covered, and I don't know that saying it again is going to help anything. But I would appreciate it if everybody would pay attention to what we've heard so far tonight.

[09:03:00] The traffic is terrible. That's been mentioned. It can take over 40 minutes to get from the community center to I-95 down Van Dorn. For those who are familiar with the area, you'd realize that mile-wise, it's not very far.

[09:03:19] Car-wise, it can be. Clearly, we don't want to continue the urbanization of this area. Specifically, we don't want a very dense housing project crammed into a very small space where there will be inadequate parking, which no doubt will send overflow parking into our neighborhood streets.

[09:03:36] That's not fair to the people who've lived, worked, and invested in Franconia for so long. Please say no to the transfer of the government center property to the housing group. Thank you for allowing me to speak tonight. Thank you, Mr. Komich. We are now on speaker number 14, Phoebe Coy.

[09:03:54] Welcome. Good evening. My name is Phoebe Coy. I'm speaking on behalf of YUMBs of Northern Virginia. I also go to church in the Franconia area and previously lived there for three years. We enthusiastically support the conveyance of the Franconia Governmental Center property to the Fairfax County Redevelopment and Housing Authority for the development of affordable housing on the property. With the Franconia Governmental Center moving to a beautiful new facility in the New Kingstown Library, there is no better use for the county's land than to address our urgent housing crisis. Our region has not built enough homes for everyone who works here and this is a root cause

[09:04:31] of so many issues for our region. It's so important for Fairfax County to use all available tools so we can have the homes we need for everyone. The Franconia governmental center project will add up to 120 desperately needed affordable homes and 20 percent of them will be reserved for Fairfax County police, teachers, firefighters, and hospital medical staff who often struggle to find housing in Fairfax County that fits their needs and their budget despite their essential work for the county while it's unfortunate that this vote from 2020-21 has to be repeated we're so excited

[09:05:08] about the critical affordable housing this project will provide for franconia and we ask you to please vote yes thank you we're now on speaker number 15 jill norcross is jill here jill is here uh how about cindy marish speaker okay thank you for being down here speaker number 16 and carla taylor speaker number 18. You'll be speaker number 18. Ms. Norcross, welcome. Thank you. Thank you, members of the Board of Supervisors, for this opportunity to speak this evening.

[09:05:41] My name is Jill Norcross. I'm a Fairfax County resident and the executive director of the Northern Virginia Affordable Housing Alliance. Our mission is to promote healthy, sustainable, and equitable communities that meet the diverse housing needs of all Northern Virginia residents. And I would like to support the decision by the Board of Supervisors, originally made in March of 2021 to authorize the conveyance of the Franconia Governmental Center land to the Fairfax County Redevelopment and Housing Authority. I will say what was a bold and needed decision three years ago is even more necessary today. Since 2021, we have seen drastically rising

[09:06:17] rents resulting in even a greater need for affordable housing in our county. And over the past three years, according to Harvard's Joint Center for Housing Studies, the average rent in the U.S. would increase by 23.9%. Both our county and our regional government partners have identified the need of 15,000 net new homes for our county for families at 60% of the area median and below by 2034. That's just 10 years away. We know in Fairfax about 30,000 low and moderate income renters are paying more than a third of their incomes on housing. The lack of Affordable housing also affects our county's ability to grow.

[09:06:55] Affordable housing development is economic development. Companies looking to relocate to Fairfax County recognize the need for housing that is affordable to their workforce at all income levels. And this represents an investment in our county. While affordable housing development is a lengthy and complicated process, Fairfax County has been making incredible progress on our housing goals by using county-owned land for affordable housing.

[09:07:21] This best practice, award-winning initiative, has allowed Fairfax to become a regional leader through this innovative approach. Through the Public-Private Educational Facilities and Infrastructures Act, Fairfax County is able to use a request for proposals to identify reputable and experienced affordable housing developers to build the housing, provide supportive services, and keep costs down because of this use of public land.

[09:07:47] The Franconia Government Center is an amenity-rich and excellent, appropriate place for affordable housing. Additionally, this conveyance supports our county goals and our priorities to have inclusive, healthy, and diverse communities that allow people to live where they work, additionally helping with our sustainability goals.

[09:08:07] I'll just add that any new development on the site will obviously be subject to environmental studies and Phase 1 reports, So I think the appropriateness of the safety of the land will be determined at that later date and, you know, trust that we have the amazing processes here to address if it is appropriate to locate the housing along a main thoroughfare with other site uses.

[09:08:28] We do live in a mixed units county. We do have plenty of examples of housing, both luxury single family and multifamily next to gas stations all across our county. We are just beginning to see the success of all of our collective years of planning for affordable housing development in the county, especially through projects who use county-owned land like this one, in addition to One University, the Oakwood Senior, North Hill, Autumn Willow, the Residence of Government Center 2, and the Westox Route 50 site. Now is not the time to back away from a formula and a process that is working to address our critical housing needs. I know we

[09:09:05] elect you to make the hard decisions, and I respect all of the comments made by the neighbors tonight but i really ask that you approve once again the conveyance of this property so we can continue our work together to build much needed housing for our county thank you thank you we are on speaker number 16 cindy marish welcome hi i'm cindy marsh and i've lived in franconia for over 30 years i'm a member of the north franconia civic association for the past two and a half years i've

[09:09:44] served as secretary our president and his family have spent years dedicating their time and energy to neighborhood cleanups, 4th of July parades, yard sales, picnics, and potlucks, activities that bring a community together. I'm concerned, however, that the NFCA position briefed today on the important topic of land use does not, repeat, does not represent the people of North Franconia.

[09:10:08] By the numbers, only 8% of the eligible addresses are Civic Association members. I wanted to make sure that NFCA positions are based on the views of that tiny 8% member. But our bylaws are not followed. Coordination with members is not the norm.

[09:10:26] They have no voice. The vice presidents of the four geographic areas, quote, represent the interests of the community which he was elected to represent, unquote. None of the VPs indicated they coordinate with their neighbors or would in the future. One VP declared she did not discuss board meeting conversations with anyone.

[09:10:47] Another board member claimed we were elected to represent and if members didn't like how we represent, then they could run for office. At our last board meeting, a motion for or against the conveyances of this property was never made. The president appropriately encouraged members to register to provide comments at today's public meeting, but it also became clear that the president and other board members were adamant the property not become housing. I stated that without coordination with the membership, we didn't have a position. Despite my concern,

[09:11:22] The president and other board members sent out emails to membership encouraging them to comment against residential development. They offered other uses for this property, like a park or community center, but gave no details on how that would be funded. Positions contrary to theirs were absent.

[09:11:40] I had no vote. For today's hearing, I emailed the president requesting to know who would represent NFCA and what they would present. I received nothing. Over the past few months, I've communicated with neighbors who discontinued their membership because they are concerned, as am I, with the direction the association has taken.

[09:12:01] Consequently, I requested the NFCA provide members with positions reflecting both sides of this issue. I created a list of the benefits that affordable housing could provide to the community. I sent it to the president and requested he email it to members.

[09:12:17] He did not send it and instead countered the points. Last November, the people in my voting precinct and my district elected a supervisor who would create equitable, not just equal, communities of opportunity through inclusive engagement.

[09:12:34] I trust that he and the other board members will consider the need for housing and determine the best way for all districts to contribute their share in resolving this housing shortage. Thank you. Speaker number 17 is John Nicholson, who has submitted video testimony, if we could play the video.

[09:12:57] My name is John Nicholson, and I live in North Franconia. The strategic plan lists as evidence that government is effective and efficient when all people are respected, understood, and connected. Here in North Franconia, we think you have failed by this measure.

[09:13:16] An evidence of disrespect is the backroom way the board handled this matter in 2021. You chose not to engage with the community as to what we thought would be the best use of the public land on which sits the government center.

[09:13:32] Today's hearing is additional evidence of disrespect because while you're going to listen to us, what you're really doing is covering yourselves from a possible legal defect from the prior meeting when you transferred the site to the Redevelopment and Housing Authority. I see no way you will not simply endorse the last decision because FCRHA has finished source selection and negotiations and is ready now to sign an interim agreement with the developer pending the land transfer.

[09:14:03] But I'm going to tell you anyway what I think the land ought to be used for. That location is central to our community. You can walk to it from most North Franconia subdivisions. It's in the middle of almost a five-mile stretch on Franconia Road with no good park or playground amenities.

[09:14:21] All that's there is a summertime shaved ice truck sitting on the apron of a gas station. That's why so many of us want something for the community on this public land. Perhaps a community center or maybe a public playground. Something to retain and grow our sense of place.

[09:14:41] And having to drive to distant rec areas and parks utterly defeats your goals of getting cars off the road. If you're going to approve ever more housing density, where's the plan to increase parks and recreation to keep up? The Parks Policy Plan specifically says that as residential densities rise, the need for public open space, rec facilities, and play areas increases.

[09:15:08] So we'd like to see you provide some balance in this regard. Show us the long-range plan to increase parks and play areas in North Franconia while our density grows. It's not enough to say the Parks Authority has no money, up their budget, or do as is done with highways.

[09:15:27] Approve the project, but wait on the work until funds are available. Not building the 120 units you want for the site is a drop in the growth bucket overall. But when the public land is gone, it's gone for good. We urge you to undo this land transfer.

[09:15:45] Use the public site to benefit current residents as well as those you want to live here tomorrow. Thank you. Thank you very much. Speaker number 18 is Carla Taylor. Is Carla here? Carla, if you could come on down to be followed by Speaker 19, James Kobolus.

[09:16:06] Is Mr. Kobolus here? Oh, that's a call-in. I'm sorry. Speaker 20, Alyssa Densham. Okay, if you could come on down closer so you're ready when it's your time to testify. Ms. Taylor, welcome. Thank you. Good evening.

[09:16:21] I'm Carla Taylor. I'm a resident of Maple Valley Homeowners Association for the last 20 years. I strongly urge a vote against the transfer of the Franconia site to the Housing Authority. My neighbors and I have consistently been clear about our rejection of this project, yet the board continues to push forward.

[09:16:47] It feels like a fight for democracy in our very neighborhood. I, myself, am very much in favor of affordable housing when the process is done in a transparent way that ensures the safety of those who will be affected.

[09:17:10] One issue that was identified by Dr. Raymond Pla, MD, double board certified anesthesiologist in critical care, raised an issue. He's my husband. He works at George Washington University Hospital.

[09:17:26] his concern is about the increase in traffic we're not talking about because it's going to be inconvenient oh yeah well that is one issue we are talking about response times from first responders minutes equal lives my husband works in an er three minutes can be the difference between life and death the more traffic we have it's going to slow down responder times and and we are going to to see an impact from that, and that plays out again and again. We also heard what the fire chief

[09:18:05] said, so we can put two and two together. The fire chief said very clearly that they have capacity challenges. If we combine that with increased traffic, then clearly our response times are going to go down and people are going to suffer. Other risks have been addressed. I'm not going to get into the gas station one at this point. I want to know what impact studies, if any, have been done up to this point by the board on this project.

[09:18:38] I would assume, given a project of this capacity, that some impact studies would have been done by now. Okay, so if I think about the themes that I've heard so far, these themes have been lack of transparency.

[09:18:56] That is echoed clearly. We would like to see all of the documentation from the beginning of this project, including financial statements, for our own experts to review. Let's all be open here.

[09:19:14] There's nothing to hide. I think that would also be good for the relationship, because right now, trust has been damaged. I'm almost done. I've waited a couple hours, so I'm going to finish. The second is green space. The chair will allow that.

[09:19:30] Please, quickly. I'm running this meeting. You're not, ma'am. Please wrap up. I know I'm not running the meeting. Thank you, sir. Please wrap up. Thank you, sir. Green space is the other theme that has been reflected. So take heed. And finally, what the fire chief recommended, which I would also listen to.

[09:19:53] Thank you. We are on speaker number 19. Mr. Kobolus, is he on the line? Mr. Kobolus, welcome. The floor is yours. Thanks. Yeah, I'm James Kobielus. How are you all doing tonight? Yeah, I'm a longtime resident of the Franconia District.

[09:20:10] I'm 65 years old, father of five. grandfather of two i've been in the franconia district for almost four decades now moved here in july 1986 and i've been living in north franconia for the last 32 plus year right up up the street from the franconia governmental center and i enthusiastically support uh the board and i recommend that they validate and convey the franconia governmental center to the redevelopment Housing Authority for redevelopment of multifamily affordable housing.

[09:20:42] You know, this is the Craig community. We absolutely need multifamily affordable housing. You know, why should Fairfax County not retain the current building that houses the governmental center and convert to some other public use? Well, look at it. The existing Franconia governmental center building, even if renovated, is ill-suited to other uses.

[09:20:59] Look at it. It would need to be raised under any plausible scenario. The building and site of the governmental center have no historical value. They weren't the train station. That's a quarter mile away. That's crazy talk. Hence, it would not be in the community's interest to preserve them after they no longer serve their current purpose.

[09:21:17] Why should Fairfax County put new multifamily housing and not something else in the location of the current governmental center? Fairfax County has an expanding population, new residents coming in all the time. We're a community of over a million people. The density of population will continue to grow.

[09:21:33] I've been here for a long time, and I've seen it consistently grow year after year. Folks, that's an inexorable trend. None of us is going to stop that. There's a housing shortage in Fairfax County. That's clear. The availability of existing lots to infill for new housing in Fairfax County is steadily shrinking.

[09:21:49] We've all been watching that process play out. There's a perfect storm going out of expanding population, growing population density, housing shortages, diminishing lot infill opportunities. You know, that means that new multifamily housing options in Fairfax County must continue to be built. The growth of employment opportunities in Fairfax County continues to expand the demand for nearby housing.

[09:22:10] You know, depending on people who live elsewhere in the DMV to commute into our area by a car to work is not viable due to the likely impact on traffic congestion. Depending on metro rails and other things, like, you know, it's really inconvenient to have to catch boxes from the Van Dorn or the Franconia Springfield. There's a circuit of office space in Fairfax County, much but empty.

[09:22:28] So building new office space at the site of the current government center is not viable. A public park at that site? Seriously, folks, no, of course not. It would be underutilized due to the puny size of the property, the lax and attractive natural scenery or amenities of the site, and a nearby availability of far more attractive parks to be, especially Huntley Meadows, of which I'm a member.

[09:22:49] I love Huntley Meadows. Oh, my gosh, it's only a few miles away by bike or even a long hike. You all should go there sometime. And, okay, so a public community center? No, no, the Franconia Government Center is moving a mile south, folks. So, you know, putting a community center at the site of the old center, a governmental center, would be pointless.

[09:23:07] And there's bus links and everything to the new center there will be and so forth. So why should Fairfax County put affordable multifamily housing in the location of the current center and not say expensive housing for affluent people? Fairfax County, we all know this, is a really expensive place to live.

[09:23:23] Oh, my gosh. People of low and moderate incomes can scarcely afford to live here. But many work here and many perform essential services. I'm talking about police officers, firefighters, teachers, medical personnel. You know, the lack of affordable housing means that people with low and moderate incomes also have to commute a long way to get here.

[09:23:41] The lack of affordable housing in Franconia District effectively shuts out diverse segments of the population, low to moderate income groups, retirees on fixed income, recent immigrants, historically disadvantaged minorities. You know, we need to promote diversity and equity and inclusiveness in this community.

[09:23:56] Look at our community. I've been living here for a long time. It's a very diverse community already in terms of races, nationalities, and so forth. That's one of the beauties of this area. I grew up in a very all-white suburb outside of Detroit. That's not healthy. I think it's great we need to keep diversity going, especially for new socioeconomic, you know.

[09:24:17] But also look at, you know, multifamily housing. There's plenty of it in Rose Hill, Kingstown, Manchester Lake, Springfield. How would it be out of character for Franconia to have more of it? It wouldn't be out of character. We're part of a larger community, and frankly, there's only one piece of a larger community.

[09:24:33] Here we are, folks. We need multifamily housing. Thank you very much. Thank you very much for your testimony. Speaker number 20 is Alyssa Densham, who is here. Let me ask if Kathy Hosick. Kathy is here.

[09:24:48] Jean Terrell. Jean is here. And Laura Walt. You will be next on deck. If you can make your way down a little bit closer, that would be appreciated. Welcome. the floor is yours. Thank you. Good evening. My name is Alyssa Densham and I'm the pastor of Provision Church, a Methodist missional community in Northern Virginia. We live at our mission in community with our neighbors who are struggling with the lived realities of generational poverty and systemic racism. We currently operate three community cafes across Northern Virginia, providing day centers where those who are experiencing housing insecurity can find

[09:25:26] abundant welcome, chef-curated nutritious and delicious light meals and snacks, connection to desperately needed resources, and a safe place where they can linger for as long as they like. Between June 1st and December 31st of last year, we served over 2,600 meals to our neighbors in Springfield and Alexandria. Often when people hear about what we do, they assume that we're sending meals to our friends who are unhoused to our folks that sleep rough every night

[09:25:59] and while that's true we're actually noticing that that's a really small number of what we do the most of our community members are people who we might better describe as housing insecure these are individuals and families who might have access to overnight lodging but access might be temporary, unstable, or unsafe. They may live with others in similar unstable financial positions or rely on others to provide financial access to housing. And even when our community members are allowed to enter more stable housing situations, they struggle to find an accessible exit from

[09:26:39] food insecurity as their monthly financial resources must be committed to maintaining their housing status. The number of people that we encounter on a weekly basis who are housing insecure in places like Springfield and Franconia is staggering. One of our friends is a woman who works two jobs. She's a customer service agent for people who have issues with their flights.

[09:27:06] She's really good at what she does and she receives high praise from her supervisors. She's truly a phenomenal woman, and for some time now, she's experienced homelessness. Living in this area, even working two jobs, she couldn't find a way to exit housing insecurity.

[09:27:26] And then we have our community connections assistant, who is currently utilizing Fairfax County's hypothermia shelter system. He showers at Planet Fitness because for $10 a month, he has daily access to their gyms and showers.

[09:27:46] We've been working with him to secure housing, but he can't even afford to rent a room in the basement of someone's house in this area. We have so many stories of people like these, incredible people who are truly trying to make ends meet.

[09:28:04] But every time they lean down to pull themselves up by their bootstraps, they find out that their boots have been stolen. And I mean that literally. One of our friends, as they were moving between where they stay during the day and the hypothermia shelters, found out that the bag with their boots, some clothing, and hygiene items were taken.

[09:28:26] When we shared their story, people were incredibly quick to offer to buy our friend new boots. But you know what? he doesn't need new boots. He needs a secure place to live where his boots aren't in danger of being stolen in the first place. As I look at the incredible growth that is happening in the Franconia district of this county and the incredible amount of wealth that is being generated by the astronomical rise of property values here, I have been struck tonight by the level of opposition to this affordable housing project. It seems that it's okay for those who are housing

[09:29:05] insecure to be intimately connected to our lives, to serve us our meals in restaurants, to cut our hair, to care for our children in our daycares and in our after-school programs, but not for them to actually live next to us in our communities. The injustice committed by a community that doesn't want to care for its neighbors unless those neighbors can afford the same things that they can should be enough to leave us all ashamed here tonight. Franconia needs this affordable housing

[09:29:39] project. We need this affordable housing project. I urge the Board of Supervisors to support this proposal and support our communities in the Franconia district. Thank you. Thank you. Speaker 21 is Kathy Hosick to be followed by Jean Terrell, Laura Walt, and Maureen Brody. Please be ready to testify. Welcome. Thank you. Good evening. I put evening, I knew. My name is Kathy Hosick and today I would like to speak to you about the Franconia Government Center Workforce Affordable Housing

[09:30:15] Site. As a long-time community advocate, I see firsthand the need for more affordable housing in Fairfax County. This site on Franconia Road would be a great way to address this need. I am a firm believer of work where you live, and many of our county employees cannot afford to do this.

[09:30:31] Community is such an important factor in the quality of life. Fairfax County needs to take this opportunity to follow through on its promise of providing more affordable housing to the hardworking employees of Fairfax County. The current site of the Franconia Government Center is an ideal location for the county to come through on their promise of contributing to the county goal of building 10,000 new affordable units by 2034. Land for new housing is not only hard to come by in the county, but it's very expensive. This is the perfect opportunity for the county to use land they already have to work toward the goal of adding affordable units at the lowest cost possible. This location would be accessible to many county employees who work

[09:31:10] nearby. The fire station is within walking distance, and the new police station is right down the road in Kingstown. Several schools are in the area, and you all know I'm a school person, Franconia Elementary, Key Middle, Springfield Estates, Bush Hill, Rose Hill, Forestdale, Edison, Lewis, high schools, to name a few. All the employees in Fairfax County deserve to have the opportunity to live near their place of employment, and this location would be easily accessible not only to their jobs, but to transportation, retail, the new Innova Health Plex, and Nova Community College. Fairfax County is a great place to live. Let's move forward to ensure that all of our neighbors can afford to live where they work and allow them to be community

[09:31:48] members in the community that they serve, and I will add two things to that. Driving over here, the traffic was horrible and if I didn't live here and I drove here to work here and then had to drive home in that every day I would no longer work here I'd be like I'm out second thing um is that um as a community builder like teaching knitting and schools I understand how important it is to advocate where you live and build community and I'm awestruck that most of the people testifying tonight are the community members I've heard no one say anything about

[09:32:23] I can't afford to live here please do this so I can live where I work it's the it's that's not what we're hearing right so just consider the voices that you're hearing and the opportunity that you have thank you speaker number 22 is Jean Terrell hello and thank you for letting me speak tonight my name is Jean Terrell and I have lived in the Franconia district for 20 years now I am

[09:33:02] a retired accountant where I had a long career with the federal government after my retirement and during my career as a volunteer, I worked primarily with low-income people. In these positions, I worked for Fairfax County, Arlington County, Columbus, Ohio, and the City of Alexandria.

[09:33:22] I was also a member of an organization that won national recognition for their work with low-income people. So I speak to you today with years of experience of working with low-income people. We all hate homelessness. Low-income people must live somewhere.

[09:33:44] But is the only choice for these people to live with other low-income people? What my experience showed me is that approach doesn't work. The best solution is not having low-income people live with other low-income people.

[09:34:03] The best solution is having them live with higher-income people. They become part of a well-respected community. They can look at their neighbors with inspiration. They can learn about achievement and diversity, and they can be pulled up by example.

[09:34:24] I have seen it work. In my jobs, I often visited people in their homes. And the clients I had that lived in a normal apartment building that had subsidized housing thrived compared to the clients who lived in low-income housing.

[09:34:44] The clients in the low-income developments were pulled down by example. The areas they lived in were high in crime and drug-infested. There was always trash around. In Columbus, I saw new developments for low-income housing turn into slums and later be torn down.

[09:35:04] It did not work. Let's try something different. Many of you have probably heard of the Oxford House. It's a nonprofit that helps drug addicts. What they believe is they put a group of alcoholics or drug addicts, they buy homes in higher-income areas, And they put a group of people into these homes, and they thrive.

[09:35:29] This organization has been in existence for over 31 years, and it's been highly successful at changing people's lives. If after this meeting you still plan on building a low-income development, please don't build it on the grounds of the Franconia Government Center.

[09:35:49] This is not a suitable location to house residents. Even if you built a million-dollar condo there, you could not pay me to live there. It is a business commercial area, not a residential environment. The only stores attracted to young people are across a busy street.

[09:36:09] There is already crime going on in the shopping center across the street from the police station. What will it be like without the presence of the police? Instead, please consider using some of our park and recreation property. And please vote no. Thank you.

[09:36:24] Thank you. Speaker number 23 is Laura Walt. Is Laura here? Welcome. And there are some seats right down here in the front accessible for folks who are speaking. We have still a number in person, Ronnie Wolfram and, okay, and Therese Chaplin. Is she here? Okay. Welcome, Ms. Walt.

[09:36:51] Yes, good evening. My name is Lara Walt, and I'm the chair of the board for the Koinonia Foundation. We operate a food pantry, clothing closet, and provide emergency financial assistance and social service referrals to qualified county residents in the Franconia District.

[09:37:09] We support over 1,000 clients a year. In our work, we have partnered with the county for many years, particularly during COVID, when we assisted the county in distributing CARES Act, Emergency Rental Assistant Act, and CCFP funds.

[09:37:27] The purpose of our work is to help our clients find a greater path to greater self-sufficiency. We are here today to testify regarding the proposed conveyance of the property of the Franconia Government Center to the Fairfax County Redevelopment and Housing Authority for the purpose of building affordable multi-unit housing for low and moderate income households.

[09:37:50] We understand that there are perspectives here from groups that have very different perspectives about whether this conveyance should occur. We do not take any position on that particular issue. Our goal is, and always has been, to focus on helping those in the community who need our assistance to the best of our ability.

[09:38:11] However, we do note that should the county approve the conveyance and development due to the nature of low-income housing, many of the residents of this new housing could qualify for Koinonia's assistance programs. While Koinonia is willing and able to provide any assistance needed to residents of the proposed development, Gaining additional clients will require Koinonia to increase its services.

[09:38:37] Currently, Koinonia has already outgrown its very small office space, so serving additional clients will make the need for a larger space for confidential client interviews, proper storage of food and clothing, and expansion of our programs even more urgent.

[09:38:54] Should the Fairfax Governmental Center be developed into affordable housing, We believe that it would be beneficial to both Koinonia and the new housing development if Koinonia were able to lease about 4,000 square feet of space in this new development. This arrangement that Koinonia seeks is similar to at least one other arrangement between an apartment complex and a provider of social services in the Franconia district.

[09:39:22] Having a presence in the new development would permit any residents seeking assistance from Koinonia easier access to Koinonia services. Having more office space would permit Koinonia to expand its services to better assist clients who live in the new development and elsewhere in the Franconia district. We acknowledge and are grateful for local community support for Koinonia services and hope the Board of Supervisors will consider our proposal as you evaluate whether to convey this property and how to develop it. Thank you so much for the opportunity to provide testimony regarding the conveyance of the Franconia Governmental Center.

[09:40:01] Good night. Thank you. Speaker number 24 is Maureen Brody. Maureen Brody here. Thank you for having me.

[09:40:17] I came tonight with prepared remarks in advocacy of a community center, but it became apparent to me that what really is needed is to clarify that this property has many potential uses.

[09:40:35] The idea that we would... transfer this property permanently to housing without any kind of community input is really deplorable to me, and especially Supervisor Lusk, since you and I have had extensive conversations about alternative uses for this property, which apparently without community input you have rejected. That's quite disturbing to me that you would pursue this transfer, this conveyance of

[09:41:11] this property when you know good and well there are legitimate business plans out there for a community use of this property. And I would like each of you supervisors to take that very seriously. The fact that Supervisor Lusk knew that there were serious proposals for community use of this property, and he has chosen to attempt to convey this property to housing to pursue his personal goal, as laudable as it may be, to have affordable housing.

[09:41:47] I mean, we've heard beautiful, compassionate stories about the need for affordable housing. I myself am a beneficiary of affordable housing. I'm all for it, believe me. But the process has got to be one that is reasonable.

[09:42:04] And that is that all of these wonderful ideas that have been proposed out here should be fully considered as alternatives before this property is conveyed. So I urge you, each of you supervisors, to seriously consider that process.

[09:42:23] And then we can have a wonderful debate and discussion about the appropriate use of that property. But the first step is to stop railroading that property into a pigeonhole that prevents that discussion.

[09:42:39] Thank you very much. Thank you. Speaker number 25, Pam Vanderberg. Ms. Vandenberg, we were unable to reach. Unable to reach. Oh, you're here. Ah, we have you as a call-in. Okay, Pam is here.

[09:42:56] Welcome. Thank you. My name is Pam Vandenberg. I live in the Kingstown community, and I serve as vice president of the Kingstown Resident Owners Association. I have resided in Kingstown since 2005, and I would like to thank you for the opportunity to speak.

[09:43:18] On January 25, 2024, there will be a public hearing held at the Fairfax County Redevelopment and Housing Authority. This public hearing will address the proposed interim agreement to create approximately 120 affordable multiple units for low- and moderate-income households.

[09:43:37] If approved by Fairfax County Board of Supervisors, this conveyance will set aside approximately 20% of the housing to include the Fairfax County Magnet Housing Program for qualified professionals such as police, firefighters, teachers, and medical staff.

[09:43:54] Some of the community are concerned that a 20% in this area may not be possible when financing the project by selling low federal income tax credits. While in the community, we strongly believe in providing affordable housing to residents in need.

[09:44:14] There are still many questions that need to be answered. Will this service be provided only to Fairfax County residents, or will the project provide housing to be offered to residents outside the county, outside our state, or others? What strategy will be utilized to determine the number of units assigned to each income level?

[09:44:33] What precautions will be in place to ensure those applying are adequately vetted to enter the program and there will be a continuous vetting process to ensure those remaining in the program are still in good standing? What is the strategy going forward once the program is in place to address other residents with similar needs?

[09:44:52] There are those in the community that also believe this publicly owned property could also provide services to our current residents. We believe other opportunities for recreational amenities should be explored before any conveyance by the county for housing be made at this time.

[09:45:13] We also realize that this is not a done deal, and there will be chances for community engagement after the conveyance. But why not engage with our residents now? This may slow down the process in the short term, but in the long run, it will provide the County Board of Supervisors an opportunity to have a vision into what our community thinks would be the best use of this public land.

[09:45:41] It would be an attempt to provide for a consensus among our residents and the county. I've got to say, I've learned a lot today, and I know it's late, but there's a lot of opinions, and transparency is very important.

[09:45:57] And I feel like as a resident, and I know others do, that there needs to be more communication in this area. And we believe community engagement should occur now prior to the conveyance. Thank you. Thank you.

[09:46:13] Speaker number 26, Reverend Michelle Matthews, can you hear me on the line? Can hear you, yes. Can you hear me? Yes, we can. Welcome. The floor is yours. Thank you. Good evening. Good later evening now.

[09:46:29] My name is Michelle Matthews, and I am the pastor of the Kingstown Communion, a United Methodist Church that actually gathers for worship on Sunday mornings in Hayfield Secondary School because we know well what it's like to be a mobile nonprofit, having experienced corporately what it's like to work for the common good in our area where we and most small businesses, too, will never be able to afford a week-round lease.

[09:46:58] We have come to consider this a gift for us, still being able to serve our community, to which we've been called. But reality, residentially, is far different for many in our area who serve and resource and work in our community, but are priced out of living in it.

[09:47:19] Of course, the issue of affordable housing isn't a new crisis in our area or nationwide, right? And much like other aspects of American life, it's one that for those of us who know, who do not know the experience of it, we would really like to avoid it.

[09:47:41] But we can't because like other health, other public health concerns, affordable housing is not the only concern to ensure that people have secure housing.

[09:47:59] Forgive me for quoting Lauren Hill. Everything is everything. It is all interconnected always. What happens when a teenager who attends, say, Hayfield High School is unable to get a comfortable good night's rest before having to take on the next day or take a test even the next day?

[09:48:21] What happens? Who suffers when housing authorities across the country neglect and villainize the tenants or perhaps even, tonight even, the advocates of government projects?

[09:48:38] When low-income families must pay rent that equates to more than 30% of their income to provide their children with homes in safer neighborhoods, how can anyone expect them to afford reliable health care, too?

[09:48:55] These questions, friends, we know aren't rhetorical questions, and the answers are very uncomfortable. Like I said, I'm the pastor of a United Methodist Church in the Franconia district where currently at least two new housing developments are being proposed, each including opportunities for affordable housing in the Kingstown and Franconia area that do not currently exist.

[09:49:26] And I wonder this evening if anyone else in the room or anyone else listening online or any other of you supervisors are also people of faith

[09:49:44] When conversations of affordable housing are had among people of faith, I tend to reflect on our friend Jesus, who tended to live this nomadic way of life, but who found shelter in the homes of those who welcomed him and the communities that made room for him.

[09:50:07] And so I ask, how do we enact change? How do we provide for our neighbor? How do we work toward the common good of our community? How do we live as Jesus taught, not as the keepers of our own way of life, our own home value, but rather our brother's keepers, our sister's keepers, our neighbor's keepers?

[09:50:38] How? We do so by advocating for any and all projects and proposals for affordable housing, standing for just and equitable residential opportunities, and standing with those who have been and are currently priced out.

[09:50:57] And so for this reason, I ask you tonight to please vote yes on the Fairfax County Comprehensive Plan Amendment to allow the top call site to be developed into townhomes with at least 18 of them being affordable housing. I know you'll do that later tonight. You'll talk about that. But also, please vote yes to allow the transfer of the Franconia Governmental Center property to be developed into affordable housing. This is the need. We know it is. Thank you.

[09:51:26] Thank you. Speaker 27 is not here. So, Speaker number 28 is Therese Chaplin. Welcome to be followed by, let's see, we have a number of call-ins after that. Okay. Ms. Chaplin, welcome. The floor is yours.

[09:51:42] Okay. Good evening. My name is Therese Chaplin, and I've been a resident of Franconia for almost 40 years. I'm here to ask you to vote yes to the conveyance of the property and the affordable housing project because housing is an urgent and basic human need.

[09:51:59] Franconia is a great place to live. We have a nice community spirit here. But I don't think my husband and I could have afforded to live in this area if we were just starting out today. Apartment rates are ridiculous, and buying a home is out of reach for a lot of people. You would think people with careers in teaching, health services, and public safety should be able to achieve the American dream.

[09:52:20] But we have job vacancies in all these areas in Franconia because people can't afford to live near where they work, and they don't want to spend hours commuting to get here. They are missing out on a wonderful place to live, and we are missing out having them in our community.

[09:52:35] We need our schools, hospitals, police, and fire stations filled with workers who are invested in the local community because they too reside in that community and we all thrive that way this affordable housing project won't make a big dent in the ever-increasing need we have in fairfax county for housing we really need to do more and all districts need to be sharing in this endeavor i know that many in our community are worried about the impact more housing will have on franconia it's a great place to live but there are some issues like traffic as we've heard over and over tonight but i expect

[09:53:11] our county officials and i trust that they will do their due due diligence study all the concerns that have been heard here tonight and make the necessary infrastructure improvements in franconia given all the proposed housing projects all these upcoming projects need to be looked at as a big picture with regard to traffic schools etc and speaking of our county officials i would like to take this opportunity to give a shout out to our franconia supervisor rodney lusk i see you supervisor lusk showing up all over the district and working hard to make this community

[09:53:48] even better thank you i helped with an effort this past week reaching out to faith communities and non-profits in the franconia area asking them to support housing at tonight's meeting because after all faith communities and non-profits are in the business of caring about people and how better to do that than to make sure that people have homes our faith communities and we as individuals differ from each other in many ways, but what we all have in common is our humanity. We're all in this life together, and it can be hard. Finding affordable housing is hard

[09:54:23] these days. For those of us who have enjoyed living in this community for many years, let's help the next generation have the same kind of experience that we have had. Having this housing where valued workers are able to live close to where they work, well, this benefits us all, and we all thrive. Thank you. Thank you. We now have speaker number 29, Celeste Puhok. Are you on the line? Yes. Hello. Can you hear me? We can. Welcome. The floor is yours. Thank you. Hello. My name is Celeste Puhok, and I live in Franconia, just off of Valley View Drive, which is within

[09:55:03] one mile from the Franconia Governmental Center. So I'm directly impacted by the proposed decision to build an apartment complex. I ask the county to not convey this government center to the redevelopment and housing authority and to consider uses other than housing for this taxpayer-owned property. Since this is my first time, I was asked to comment, due to the lack of transparency of our elected members, I would like this center to be utilized for the community. Some suggestions are to utilize the space for a workforce development training center using the existing

[09:55:42] building. This workforce center could give job search assistance and opportunities to individuals looking to improve their employment and ultimately their economic situation. Another suggestion for this space could be the Konya Food Bank that we all discussed earlier that could play a vital role against the fight against hunger by collecting, storing, and distributing food to our struggling families while also working to address the root cause of hunger and food insecurities. In addition, this space could be utilized for expanded fire department facilities, as been discussed earlier,

[09:56:20] which is greatly needed due to the increased population and therefore increased fire department calls. I know the fire station is nearby, and this would greatly improve their ability to serve the community. One thing that can be agreed upon by personnel is that well-advertised community meetings and stakeholder input are needed before use of the property is decided and before the conveyance of the property. One, requests that the county hold meetings to ask surrounding neighbors most impacted by the use of this property, our preferred use for the property. I know previous

[09:56:56] meetings, residents were being told what they were getting, not being asked what they wanted. The county should consider these alternative uses before deciding the highest and best use for the property. Furthermore, the property is inappropriate for housing. This property is directly next to one gas station and within thousands of feet with four other gas stations.

[09:57:21] Benzene and gasoline is a known human carcinogen, and studies show even low levels of benzene exposure is associated with increased risk of cancer, particularly leukemia and other cancer of blood cells. I've personally seen cancer in personnel in my hometown where I grew up due to the housing being located near a gas station.

[09:57:42] With your conscience, could you do affordable housing on this location? Do the close proximity to the gas stations and the increased risk of cancer and the chaotic traffic. I request that the government center is not conveyed to the redevelopment and housing authority until all uses are explored.

[09:58:02] And there is community involvement. Thank you for your consideration in giving me the opportunity to speak and would ask you to consider adopting these points. Thank you. Thank you very much. Speaker number 30, Mustafa El-Nahas.

[09:58:17] Are you on the line? Yes, I'm on the line. Welcome, sir. The floor is yours. Welcome, sir. The floor is yours. You can go ahead. Okay. So, esteemed board members, fellow residents, I'm Mustafa El-Nahas, stand before you today, not just as a car-free resident of Fairfax County from West Post Church Metro in the Drainsville District, but as a voice for a brighter future, a future where our community thrives, connects, and flourishes.

[09:58:49] And as someone who does work in the area, the future is within reach, embodied in the proposed redevelopment of the Franconia Government Centre. This project isn't just about brick and mortar, it's about unlocking the potential of our community. Consider the possibilities, empowering residents, imagine vibrant, affordable housing options right here in Franconia.

[09:59:12] A beacon of inclusivity, welcoming diverse families and young professionals, picture them seamlessly connecting to jobs, education, and entertainment through transit options. The Franconia Springfield Metro, VRE, and Fairfax Connector Buses.

[09:59:31] This is a future where opportunity and connection are woven into the very fabric of our lives. Building a vibrant heart, this redevelopment is an isolated island. It's a dynamic hub seamlessly integrated into the existing ecosystem.

[09:59:49] It steps away from retail, grocery stores, schools, healthcare facilities, and entertainment, all within the easy reach. Imagine bustling streets with activities, a place where residents can truly live, work, and play with their own neighborhood. Elevating the landscape, this project sets a new standard for excellence.

[10:00:07] We're talking innovative architecture, sophisticated design, and green spaces. Picture streets, pilot design for pedestrians, not cars. This isn't just the development, it adds vibrancy and character to our landscape. Honoring our future, let's remember that transformation comes with a commitment to sustainability.

[10:00:25] The redevelopment embraces smart business practices, prioritizes pedestrian and bicycle connection, and offers 20% allocation for housing our first responders, the heroes who keep our community safe. this is the project that plays the foundation where we sustain an inclusive future the opportunity for us is monumental it's not just about replacing a building it's about replacing the staff skill with the vision that puts people first embraces innovation and propels our community forward by supporting the francolia governmental center conveyance we invest not just in bricks and mortar but in the heart of our soul of our community let's choose progress let's choose connection

[10:01:05] let's choose a future that benefits every resident of Fairfax County. Thank you. Thank you. Speaker number 31, Mary Payton. Mary, are you on the line? Can you hear me? We can. The floor is yours. Okay. Good evening, Supervisors Lust and Stork, Chairman McKay and the other supervisors.

[10:01:26] I'm Mary Payton. I'm the chair of the South County Task Force, which is a volunteer organization that's advocated for health, housing and human services in the Route 1 corridor and Franconia and Mount Reddy District since 1975.

[10:01:42] We strongly support the transfer of the site of the current Franconia Government Center to the Fairfax County Redevelopment and Housing Authority for development of workforce and affordable housing. This is an excellent location for workforce housing because it's buildable, located near transit, schools, shopping, and medical care.

[10:02:03] County demographic data projects a need for 15,000 housing units affordable to families, making less than 60% of the area median income by 2034. The Board of Supervisors has committed to providing 10,000 new units as well as retaining current market rate affordable housing.

[10:02:26] It must take every opportunity to move toward that goal. By offering a long-term land lease on this property, the county will enable an affordable housing developer to construct a project of up to 120 units and four stories at this site at no significant cost to the county because the developer will obtain state or federal tax credits and financing through various means.

[10:02:52] In return, it must keep the units affordable for 15 to 30 years. This is not a very low-income project. It's not one that's owned by the county or in the HUD category.

[10:03:08] This is more of a middle-income project. The county is pursuing similar projects near its main government center. In Fairfax, where it's leasing seldom-use parking lots for housing development, It's a one-university project near George Mason University and other areas.

[10:03:30] One of our county's biggest challenges is that many people who work here cannot afford to live here, forcing them to commute long hours, adding to traffic congestion. This development is expected to be included in a program to set aside 20% of the units for county workers, including young policemen, firemen, educators, and medical workers.

[10:03:53] Note that Fairfax County median income in 2023, $152,000 for a family of four. Most of these units would be priced for such a family making, which is about $91,000, and some at 80%, which is about $122,000.

[10:04:15] So people will be working, they will have some income, but just not enough to rent at the commercial rights in Fairfax County. You know, both of those have skyrocketed in recent years, putting intense pressure on working families.

[10:04:35] Under this project, it's proposed to all the residents who have concerns about schools, traffic, water, runoff, and other switches. All of these concerns should be thoroughly addressed and mitigated by the planning staff as the project moves through its approval steps.

[10:04:53] At this point, the question is whether the land should be used for affordable housing, and our answer is yes. It's in line with the board's priority for building 10,000 new units, housing for county employees and other essential workers.

[10:05:10] The location is ideal because it's near transit schools, employment, and health care. Yes is the best answer for the good of Franconia District as a whole and county residents overall. Thank you very much. Thank you.

[10:05:25] Our next speaker is William Benz. Mr. Benz, can you hear me? I can. Can you hear me? We can. Welcome. The floor is yours. Thank you. Good evening to the board. Thank you for taking the time today and staying late. I know you guys are all pretty tired.

[10:05:42] My name is Bill Benz, and I've been a Franconia resident for over 16 years. My wife and I have two daughters and chose to move into this area because of the sense of community, the old, quiet neighborhood, and the close proximity to many surrounding areas. I will likely echo the sentiments of others here tonight, but please first consider the following points.

[10:05:59] I, and many neighbors like me, are angry with how this has been handled from the start. The initial approval for the property transfer was done with zero input from the people most directly impacted by it. The board approved the transfer during a difficult period of COVID restrictions and differing governmental approvals. I know the board disagrees that anything unethical occurred with the initial approval in March 2021, but I and many Frank Coney residents don't see it that way.

[10:06:22] At the very least, the board must understand the optics of that situation certainly don't paint it in a positive light. This meeting today is presented as a sort of reaffirmation of the March 2021 approval, but that is an inaccurate statement. Today's meeting should be seen as the start of community discussion on this matter, which should have occurred nearly three years ago.

[10:06:40] Let the record be clear. This is correcting a previous mistake and doing things the right way and nothing else. This is taxpayer-funded and owned property. Many county residents pay a hefty chunk of their income to Fairfax County and deserve a say in how their tax dollars are spent. There is no indication of any alternative options being considered at any time.

[10:07:00] The board is here to represent the wants and needs of county residents. Here, tonight, you're hearing from many of these residents who are adamantly against the transfer of this property. Listen to them and take what they're saying into account and let that inform your decision. I fear that the board has made their decision already without any input from residents, especially local residents, and that this hearing is only for appearances.

[10:07:20] I sincerely hope that I am wrong. Over the years, we've seen the calm, quiet community of Franconia slowly change as more and more housing is built up in the surrounding areas. I ask the board to reject the transfer of this property to the housing authority at this time. The reasons are numerous, but not limited to Number one, traffic is a major concern on Franconia Road, as others have said.

[10:07:39] The addition of a proposed new 120 apartments will only worsen this problem. It's already quite difficult for residents to leave the neighborhood or choose a direction of egress during rush hour. And further development makes this much, much worse. Number two, the proposed plan for a multi-level apartment building doesn't fit well with the existing decor and feel of the neighborhood at present.

[10:07:57] The proposed building would be an eyesore and offer nothing aesthetically to the area. Number three, area schools are already taxed with class sizes above average and many school buildings overcrowded as it is. So further student additions would worsen this problem. Number four, there are some very valid safety and environmental concerns articulated by others.

[10:08:16] And number five, other speakers tonight have posed this as a racial or equity issue, which is simply not the case. This is a housing density and community issue and should be handled in a pragmatic manner. Again, please reject this proposal for transfer to the housing authority. I ask that you consider something such as a mixed-use community center, offering spaces for boutique shops, restaurants, or other forms of entertainment.

[10:08:37] Alternatively, there are other entities in the community that might benefit from an available space, including the Franconia Fire Departments or local food banks, to name a few. It would be nice if this space was converted into something that the local community can use and be proud of, rather than something that serves as a constant reminder of how the board failed to listen to residents.

[10:08:54] We have a proud community that is counting on the board to do the right thing here. Thank you for your time this evening. Thank you. Speaker number 33, Stephanie Preshlock, can you hear me? Yes, sir, and you said it perfectly. Good evening, everyone.

[10:09:10] Stephanie Bowen Preshlock here. I am a resident of Fairfax County, Franconia District, and have been with my husband for over 10 years. Thank you for this call and option this evening. We are dual working professional parents with two young children, and we were actually able to get them into bed and still be a part of the hearing this evening.

[10:09:29] Both of our children attend Franconia Elementary School. I urge you very strongly to please vote no this evening regarding a transfer of the Franconia Government Center to the Housing Authority for the purpose of a 120-unit high-density housing facility.

[10:09:47] We already have diversity in our community. It was noted by a couple of people who spoke in favor of 120-unit affordable housing to have this be a means for more diversity in our community, but that's not the issue.

[10:10:02] We have a very culturally and ethnically diverse community, and even with regard to income. As Supervisor Lust noted in the November 16th message, the Freconia District in Fairfax County, where the Springfield site is located, is a majority-minority district with 22% Hispanic-Latino, 18.9% Black, and 16% Asian residents.

[10:10:26] When looking at economic disparity, 19.9% of residents have incomes under $50,000, and 42.7% of residents have incomes under $100,000. So the residents are already here. They're already in our community with lower income caps compared to some of the other communities throughout not only our immediate neighboring districts, but throughout Fairfax County.

[10:10:53] So our neighbors consist of immigrant families from all over the globe, as well as Franconia District natives. Many teachers already live in or very near the Franconia District neighborhood. The biggest concern that needs to be considered this evening as brought before by others is infrastructure and congestion. Those are the two major reasons to vote no. One caller stated the Franconia district has grown a lot over the years, but at what point do we slow down the growth in order to allow for our critical infrastructure to keep up? In our immediate district, Franconia road traffic has increased significantly in the 10 years my husband and I have owned our home.

[10:11:32] There have been significant accidents regularly at the Franconia-Vandorn intersection due to residents rushing, running red lights, not paying attention, and for a slew of reasons. A study on traffic at that intersection alone, which is very close to this proposed transfer of the government center, needs to be conducted way before the housing authority gets this land transferred to them.

[10:11:55] There have also been very recent significant car accidents just outside the Franconia Government Center itself at the intersection of Franconia and Valley View. Schools are already at capacity, with approximately 86% to 95% as just released by Fairfax County Public Schools for all of the Franconia district schools.

[10:12:16] that has forced several of the schools to add to the less than desirable trailers as a means to deal with the population increase and those trailers don't seem to be going away anytime soon and that should never be a solution for our kids to be plopped into trailers. Additionally the loss of a police station is is very unfortunate for us. I understand that that's probably going to happen. When we moved here 10 years ago the police station was a huge draw for us in terms of major crime deterrent and it brought a lot of peace and still does at this very moment

[10:12:50] peace of mind to our family and our community with with young children running around but knowing that that's going away the alternative should not be to move our police station and then bring in 120 more housing units it should be considered for more county community use such as parks like others have mentioned walking trails tennis courts pickleball all of those are much more uh seated reasons for and uses for that uh property as it already exists thank you thank you very much uh stephanie your time expired a while ago appreciate your testimony yep appreciate

[10:13:27] you guys take care sure speaker number 34 is jane kelly um miss kelly can you hear me yes can you hear me we can welcome the floor is yours okay thanks um well coming at the end here everybody's gone over, you know, all the different reasons not to do this. I just want to say that this needs to be paused. There, you know, it seems like it was done in haste. The Board of Supervisors should have held community meetings so taxpayers could share what they want to happen with this

[10:14:05] property. Fairfax County taxpayers and especially Frank County District taxpayers should get to say what happens to this taxpayer-owned property. So let's just take a pause and do more research and figure out what would be the best for this space.

[10:14:26] Because even having combined space would be wonderful. The Konanian Foundation would like some space in there. There's many things that could be done with this space. And I'm also very interested in the police or the fire station moving back there with all the new units that have been added to the plan and thousands more that are in the works.

[10:14:56] It seems like that would be a better location for them to get out on calls. The traffic on Franconi and Beulah, it took my husband and I an hour to get from that intersection to Landmark Honda to drop off a car for maintenance.

[10:15:12] I mean, it's ridiculous. That's a couple miles. So the other thing is I'm concerned with the four stories. I don't think it's fair for the neighbors, and I believe some are townhouses and some might be single-family houses that are located behind that current building.

[10:15:35] Four stories, is that going to shade them and totally change their quality of life and what they've known for? I believe those houses have been there for years and years, and now they're going to have a building towering over them. And like other people said, Frank Toney Elementary is already at overcapacity.

[10:15:57] Do we really want students for us to learn in a trailer? And that site doesn't have enough parking anyways for volunteers and parents to come to events and meetings. This building in this area should be used for everybody's benefit.

[10:16:16] And not be in such a rush to put the affordable housing there. So at this point, I think you need to do some more community engagement and more meetings and have more transparency before you go ahead and vote to transfer the property.

[10:16:41] Thank you. Thank you. Speaker 35, Robert Preschlok, are you on the line? I'm here, yeah. Thanks. Welcome. Thanks, everybody, for taking time to listen to me. I'm going to request that you vote no on this project.

[10:16:58] I have two main concerns, the first one being crime. I think it was just last month someone backed up to the 7-Eleven directly across the street from the police station and pulled the ATM out with a chain. That's directly across from the police station now.

[10:17:16] So removing the police station from the immediate area seems to me it reduced deterrence and response time for that type of stuff, and it's going to increase. In addition to that, I read the police reports provided by the captain.

[10:17:32] Frequently, kids are breaking into cars in the area. Perhaps they had something to do, like a skate park or some type of other community center. They'd have less opportunity doing that rather than cramming this place with more housing.

[10:17:48] So my first step point is crime. My second point is congestion. I've personally witnessed someone get hit here on Franconia Road just between the proposed site and the CVS on Franconia. It's something you can't unsee, and it happens.

[10:18:08] It's real, and with people in traffic coming through here between 3 p.m. and 5 p.m., it's ridiculous. It takes you an hour to go four miles, and it's already congested. So now if we add another 120 units here at the Franconia, and I forget how many you're thinking about adding down there by the Topgolf, both feeding directly into this intersection at Franconia and Van Dorn, it's just going to get worse.

[10:18:38] And the fact of the matter is that Franconia has not kept its infrastructure at pace with these housing plans. So until we come up with some type of solution to alleviate the traffic, it's not a matter of whether, you know, I've heard a couple of bleeding hearts tonight about people without homes and yada, yada, yada.

[10:18:59] I understand that. But it's not a matter of whether we need public housing. It's a matter of whether this is the right site for public housing. And if you're going to jam us with all these additional units, 120 units, roughly 180 cars added to the already congested area, plus however many are coming from the Kingstown area, when you haven't kept up with the infrastructure, that makes this the wrong site for that.

[10:19:22] So we would respectfully request some type of community park, skate park, basketball courts, community center, anything other than more congestion. And we respectfully request you vote no.

[10:19:38] And I guess I'll end it with that. Thank you. Speaker number 36. We were unable to reach speakers 36 and 37. 36 and 37. Do we have speaker 38, Jesse Lee, here? If you can come on down.

[10:20:05] Hello. My name is Jesse Lee. I'm the director of the community connections at provision church. Thank you so much for allowing everyone time to share about their experience in the community I provide case management services to individuals who are experiencing housing insecurity near the site in question When when helping people I find there are many reasons that they are experiencing housing insecurity lack of affordable housing is one of them Typically, it's not for lack of effort

[10:20:44] They apply for affordable housing every time the application opens. They look for apartments and basements within bus riding distance, and they try to room with friends or others in the community. A nearby apartment's rent costs $1,500 per month, but to qualify, tenants must make at least $60,000 per year.

[10:21:04] This is not affordable for many. I will share one case with you. A husband and wife team and their five-year-old daughter were living in a neighborhood not too far from the site a couple years ago. The wife was lost to metastatic breast cancer. The father, I will call him Michael, who has a learning disability, rendering him unable to complete paperwork on his own and does not drive, relied heavily on his partner.

[10:21:29] Michael could no longer afford to live where they were and moved in with a family friend. The daughter is now in first grade and their living situation with the family friend is no longer working out. They are experiencing food and housing insecurity. The community is doing what they can to help, providing child care and emotional support, but they only can do so much.

[10:21:50] They did sign up for the affordable housing wait list when it was open earlier this month, but have not heard back. They've also reached out to two housing agencies with no response. Voting yes to allow transfer of Franconia Government Center property to be developed into affordable housing would be ideal for families like Michael's, who have fallen on hard times and need a second chance to stabilize and thrive.

[10:22:13] Thank you. Thank you. Speaker number 39, Stephen Carman. Mr. Carman on the line? Yes, I am. Can you hear me? We can. Welcome. The floor is yours. All right. Thank you. I just found out about this meeting yesterday, so I don't have anything written, but I do have some strong thoughts about this.

[10:22:32] To transfer the property to the housing authority without community input is just not acceptable. I mean, the reasons that it's going to cause and create are just more problems. People have already mentioned, I'll try to be very quick about this, congestion on Franconia Road.

[10:22:52] There was no community input into this project because people have stated the fait accompli, reverting back to the COVID era, that this is already previously decided. There is no, to have no conveyance to the housing authority, it's totally out of character with the surrounding neighborhood to put one of these giant box units in.

[10:23:17] And if you've seen the area around Beauregard and King Street, it's just almost a surreal imagination that that can go into that area around the fire department now. This is taxpayer property.

[10:23:33] It should be for taxpayer use. Raising the building shows no consideration for the residents. I agree with previous speakers who have said that. We didn't know about this redevelopment. and it was a surprise to us because there's been so very little communication.

[10:23:49] I would suggest to Commissioner Randy Lesk that we get some listening sessions that are held monthly, and they're advertised so we know where we can bring our concerns and give him the projects that he needs to work on for us. We're the taxpayers in this community.

[10:24:07] Community members should be the ones who are most aware. I'm also concerned about response time, getting emergency vehicles. We've had two cases within the last year where we needed to have an emergency vehicle reach us. And it took an inordinate amount of time for them to get here, even from the area where they are presently located.

[10:24:27] And we only live six blocks from there. So we're directly north of Franconia Road in the affected area. I would say promoting the personal agenda of Rodney Laskis is opposed to the will of the residents.

[10:24:45] I would like to suggest some other reasons for why can't that housing development be built in other areas instead of this small space that isn't really suited for it, perhaps across from the property where Randy Lusk lives.

[10:25:02] Why can't we have more frequent communication to this area through a variety of means, and they should be spelled out where they are. The reason there are certain people coming up to promote this sort of thing, Why haven't there been more opposed to this project?

[10:25:20] For one thing, we're not paid to promote by developers or political entities, and we're not paid to oppose because we're already paying the taxes for these projects. And the third reason, it's not ecologically friendly. We all talk about the environmental spaces having to be ecologically friendly.

[10:25:40] And to those people, if I could just freely respond to the various people that have spoken in favor of transferring that to the housing authority, like Phoebe Coy and Jill Norcross and James Kobelius, they simply missed the point. We do not villainize low-income people, and the issue is whether or not to build that project in this location, and I strongly urge you not.

[10:26:06] And if churches want low-income housing, then they should pay for it. It's not Christian to accept somebody else like the taxpayers to have to pay for these projects. It's just simply cheap virtue signaling. And so it's not, I don't feel like it's fair for them to attack people who do oppose this idea.

[10:26:25] Let's look at it on the grounds of the strength of the argument that they have. And there are too many reasons to oppose this. It is just not suitable for the area that it's in. I do appreciate your forbearance for me, but I have one more comment to make, and it's about people making the argument that police and firemen will like to live in these subsidized housing.

[10:26:49] I'm a refugee from the Banana Republic of Alexandria, and we came out here to get away from this nonsense because when they wanted to put subsidized housing projects in down there under the authority of ARHA, they said police and firemen need to be able to afford to live where they work.

[10:27:06] Well, when we found out that there was not a single police or fireman that applied for this area because they don't want to live in a project where they have to work to police it and to discipline it. And so this is a false argument. And also the fact that if they can't afford to live in it, I think the County Board of Supervisors should tell the school board to save the $8 million in lawyers' fees that they've had to pay out to fight parents and take that $8 million and raise police and fire salaries so they can afford to live in a proper house.

[10:27:37] Thank you very much. Thank you. That's the end of our speakers who have signed up in advance. Is there anyone else here who has not spoken who would like to speak? Anyone else in the auditorium who has not already spoken that would like to speak?

[10:27:56] I'm not seeing and hearing anyone. Let me ask the clerk if anyone has called in. We do have two callers. Yes, the first caller is Ben Packard speaking as an individual. Ben, I'm sorry, can you repeat the name? Packard. Packard. Okay, Mr. Packard, can you hear me okay? Yes, thanks. Can you hear me? We can. The floor is yours. Great, thanks. I know, so my comments will be pretty brief. Thanks for the opportunity to comment here. So I live about two to three blocks away from the government center on the north side of Franconia Road, and I definitely understand the need for affordable housing. I

[10:28:31] understand that, you know, housing prices here are really high, and it's an ongoing challenge to provide housing for all income levels. But I just wanted to, again, highlight the impacts from the proposed development. I know I'm echoing previous comments, but driving in the area, like especially during rush hour, is really difficult.

[10:28:53] So if you're taking kids to and from after-school activities around 4 to 6, it's really miserable. And it looks like it's not going to get better. So I just encourage you to consider the impacts from all the housing combined at Franconia and Kingstown before you make the decision to transfer the property, especially since, as others have said, this is one of the last publicly owned spaces here in Franconia.

[10:29:21] And so in addition to traffic, evaluating things like parking, school capacity, available parks in the area, I feel like these should be evaluated before the property is conveyed to more housing in the area.

[10:29:38] And honestly, I'm kind of surprised that Fairfax, given all its resources, wouldn't be already doing that. So anyway, when you look at the context of all the new development proposed in Francony and Kingstown, I think the density does become a factor, and it really looks like it's going to become more difficult to live here.

[10:29:59] So that said, I think a more robust planning and public engagement effort should take place before the decision is made to transfer the property. And also, like I mentioned, one that considers all of the new proposed housing development in the area.

[10:30:15] So that's pretty much all I have. Thank you. Thank you. We are now on Speaker 41. You have another caller? Yes. Our final speaker will be Sonia Brighi, speaking on behalf of the Coalition for Smarter Growth. Okay.

[10:30:31] Sonia, welcome. The floor is yours. Great. Good evening, Chairman McKay and members of the board. Her name is Sonia Brighi. I'm the Northern Virginia Advocacy Manager for the Coalition for Smarter Growth and a resident of Fairfax County. CSG advocates for walkable, inclusive, and transit-oriented communities as the most sustainable and equitable way for our region to grow and provide opportunities for all.

[10:30:56] Providing affordable housing near transit and jobs is essential to ensuring an inclusive and economically prosperous Fairfax County where people are able to live near their work, helping to reduce long commutes, and contributing to a diverse and vibrant community.

[10:31:13] Parfax County and the region is facing a housing crisis, as we've talked about tonight, and you all know, having lost thousands of affordable housing units over the years and with rents continuing to rise. In fact, many renters, people who work in our communities, essential workers and their families, are cost burdened, paying over 30% of their household income, probably more than 30% of their household income for rent.

[10:31:40] The lack of affordable housing forces many to leave our communities to find more affordable homes farther away and then end up saddled with long and expensive commutes. Both Fairfax County and regional government partners have identified the need for 15,000 net new homes for families at 60% of the area medium income, sorry, I'm getting tired, and below by 2034, which is really coming up quickly.

[10:32:10] And in that short time frame, we have no time to waste in providing more affordable housing for folks. Fairfax's use of county-owned land for affordable housing has been hugely successful in bringing down development costs and has made way for much-needed affordable housing around the county.

[10:32:28] I was glad to see the county using this approach to provide affordable housing on the Franconia Government Center property. This site is a good location offering future residents access to transit and the many services and amenities in the area, increasing access to opportunity and lowering their combined housing and transportation costs because they can live close to these things.

[10:32:49] A well-designed multifamily building on this site can provide a vibrant community and stable home for 120 families. And providing pedestrian safety improvements, enhanced transit options, and other transportation improvements along Franconia Road could help address many of the concerns discussed tonight.

[10:33:10] CSG appreciates your continued efforts to address affordable housing. the affordable housing crisis our county and region faces, and I ask you to once again approve the conveyance of this property so this much-needed affordable housing can be built for our community.

[10:33:26] Thank you. Thank you very much. That brings us to the end of our speakers, unless we have no one else has called in. Okay. At this time, let me ask if staff have a closing comments or a recommendation for us. Mr. Chairman, staff has no further remarks and recommends approval.

[10:33:49] Thank you. Thank you very much. Let me ask questions from board members. I have a couple, but let me start by recognizing Supervisor Lusk. I can yield to you, Mr. Chairman, if you'd like to go first.

[10:34:06] My question is about the process and outreach that was done. I mean, clearly something went wrong here. I don't think I've ever seen, I know I've never seen, I've been here a long time and represented this particular district for a long time.

[10:34:24] I don't think I've ever seen this amount of response from the community in terms of there being a lack of community outreach. And so I'm hoping someone can help explain to me what amount of community outreach has occurred, recognizing that this decision was made, we hit reset as a result a while ago.

[10:34:46] We had quite a considerable period of time since then, between then and now, and I'm just trying to figure out what type of community outreach was done. And I don't know if that's a, I mean, if there's certainly a staff or Supervisor Lusk would like to answer that, but I think that's what we all want to hear.

[10:35:04] If you'd like, I'll go ahead and start and suggest that we did have a number of meetings in the community. I actually had the opportunity to go and meet directly with the folks in North Franconia at one of their community meetings.

[10:35:22] I also had the opportunity for them to come over to my office and meet with me in my office to talk about some of these issues as well. And then we also held, with the Department of Housing and Community Development, a joint meeting where Tom and I were in attendance at the Franconia Elementary School.

[10:35:43] And we had, I don't know, in excess of 70-plus people who attended that meeting. And I think we were there for at least three hours. So we did have community outreach. we did have the opportunity to talk about this project but I will suggest I feel that if folks feel that that wasn't sufficient and I guess that's what we are probably hearing I'll accept that I'll accept that that's the community's assessment but I don't accept that there was no outreach and there was no

[10:36:22] communication there's a difference of opinion with regard to that the the reference meetings we're talking about happened since we re-advertised this public hearing or give me an idea of when when those were relative to this public hearing they were before but excuse me so we did the deferral at the request of the community community said that they needed additional time to prepare their comments and remarks for the hearing that we had scheduled at the

[10:36:56] end of the year which was i guess in october we deferred that um public meeting until today so we gave them opportunity to um collect the community thoughts and then also to send us any information that they wanted to share so i just i just want to make sure i'm clear on this those meetings then happened since october or before no no no before those are before the okay this is a chance this is

[10:37:31] we we have heard everyone's testimony yeah we've been here since 9 30 this morning this is a chance for the board to get its questions answered now this is an opportunity i will recess this meeting i will recess this meeting i i am we are going to keep ordering this meeting this is an opportunity for the board to ask staff and to ask questions we have already received a lot of public testimony let's respect the process and let's make sure that we get our questions answered as well i'm sorry so the meetings were prior to the decision that we deferred last fall so those were earlier so i

[10:38:10] don't remember the date tom of the meeting that we did at franconia elementary so we'd have to probably pull that and share it with you mr chairman if i may uh tom fleetwood with the department of housing community development a couple comments uh with respect to the town hall meeting my recollection is that that occurred in october of 2021 okay and uh and subsequent to that uh you know the housing authority went through the process of advertising uh advertising uh an rfp

[10:38:48] under the ppa act uh and you know then we you know had this uh had this issue with respect uh to the public hearing and came back to answer your question uh since the deferral uh there there were no public meetings since that deferral uh other the outreach that was conducted was the usual um advertisement of the public hearing uh subsequent to the deferral but there was not there was not a community meeting in the intervening time okay i appreciate that that

[10:39:24] clarification i i will just uh speak for myself and and say you know a couple things one um you know this is the beginning of the process in terms of the land use process technically that's right but the beginning of the process is when we were considering uh transferring this property and and you know i've been through a number of these with housing before and you know i think the community outreach piece from my perspective from what i've heard here today has been inadequate um and not i i don't think personally what i would have expected uh to happen and certainly not been what my

[10:40:04] experience has been for whatever reason and so to me uh not having having a town hall meeting in 2021 and being here in 2024 without much happening in between in terms of community engagement uh in my mind is a missed opportunity and and you know for those reasons you know i'd like to hear you know where we go from here um i i don't have a problem necessarily with the proposal but i have a big problem that the community wasn't more involved in it and and issues that

[10:40:38] have come up uh that i believe uh could have been hashed out and worked out uh in the community to get us to this point. And so we may never reach an agreement in terms of what the facility is used for, but I most certainly feel like there needs to be more community engagement that's happened than has happened.

[10:40:59] And so that's why I asked the questions about what the timeline was and what the process was. So those were my main questions, but just to clarify for the community where we are today in terms of a land transfer, if this property were to be transferred to the RHA, they would have to go through a rezoning proposal.

[10:41:19] That rezoning proposal would be another series of public hearings. If for whatever reason the Board of Supervisors did not approve the rezoning application, the property would revert back to the Board of Supervisors from the RHA, and that's the way it has always traditionally worked.

[10:41:38] I just want to get a confirmation for people to understand in terms of process and procedure that if this transfer were to occur, this transfers for the purpose of going through the land use process of getting the entitlements to build affordable housing. If that affordable housing is not approved by this board, the property remains in the ownership of Fairfax County and reverts back to the Board of Supervisors.

[10:42:02] Is that correct? That's correct, Mr. Chairman. Okay. I think that's important for people to understand here because we're not deciding affordable housing tonight. What we are deciding is whether or not the Board of Supervisors wants to transfer this property to the RHA for the purpose of discussing affordable housing in the context of a land use case where infrastructure, ingress, egress, all of those things would be worked out.

[10:42:27] And in my mind, most clearly, continued consideration of the use is a part of that process, and that process would unfold from this point going forward. And so my recommendation would be to, we've held a public hearing, we've gotten a lot of community feedback.

[10:42:46] My recommendation would be that we defer decision, do more extensive community outreach than has been done to date, which I, as one supervisor, don't feel like was enough, and revisit this. But if that's not the case and this board were to move forward, I think the community needs to understand that that moving forward be transfer the property to the rha for the purpose of pursuing a land use decision which would go through this same scrutiny process a much more scrutiny than the process we've gone through here before because that's when traffic analyses

[10:43:21] proffers you know impacts on infrastructure all of the many things that we've heard from people here tonight would need to be discussed fully in that process and i just want to make sure people understand that because i think people think we're rezoning this property for affordable housing that's what we're being asked to do tonight and that's not what we're being asked to do and i just want to make make that abundantly clear um other questions from board members supervisor lusk okay yeah i appreciate your um your thoughts here mr chairman and i'll say clearly that um i was going to make the same point that this is the first step we've not

[10:43:58] made any definitive decisions with regard to this property yet and even the number of units the size of it all those things are going to be a part of the review that would happen in the future so this is not yet fait accompli and I think some of the comments sort of suggested that and unfortunately that's not true and we want to be clear in letting folks know that we are going to have that public process and we're going to get that feedback and make those decisions i would say you know in terms

[10:44:34] of some of the other comments that came out the issue on traffic is one that we've heard also very specifically with the next case that's coming up and we can agree that there are a number of projects that have been approved in our community and i think the community has a number four thousand that they're saying are going to be coming, a number of those projects are actually pending SSPAs.

[10:45:03] So we've not decided those as of yet. So from the standpoint of the impact of those pending SSPAs, they're just possibilities at this point. We've not rectified and said that those are going to be approved and go into the list of potential projects.

[10:45:26] The idea about looking at the collective impact of traffic is something that we also are talking to the staff in the Department of Transportation as well as Department of Planning and Development, and I'll leave that conversation more definitively there.

[10:45:43] But we are looking at ways to look at the cumulative impacts of both those projects that we've actually approved and looking at the SSPAs for a defined geography so we can know what the impacts are along Franconia, along Van Dorn, the Fairfax County Parkway, and Beulah, so the whole quadrant, to be able to look at that and understand it.

[10:46:11] So that is something that we're going to be able to more definitively talk about as a part of that process. Some of the issues that we heard about benzene and the safety of the housing, that's something that we'll have to work on through the process as well.

[10:46:29] And clearly, we're not going to have people living in a place that's unsafe. And then thinking about the other users, Koinonia, the volunteer fire department, and others having the opportunity to use space, we definitely have the opportunity to have that conversation as well and determine what might be appropriate.

[10:47:00] it. So I just want at least the folks here to know, I've heard the points that you've made. I acknowledge that we will need to do more in terms of the conversation, that we're going to figure out what happens with the property and then also figure out what happens with the decision around the affordable housing as well. So I guess with that, Mr. Chairman, I'll make a motion before you

[10:47:37] make the motion let me just make sure that other this is a chance for other board members to ask questions before and then we'll of course we'll have discussion on whatever motion is made I just want to make sure everybody has a chance supervisor Herdy well I you know I'm confused here because you know I hear you mr. chairman then I hear supervisor Lusk and I hear that we're really not making a decision here we are making if we do not defer we're gonna make a decision to move forward with affordable housing on this without the conversation with the community without the ability to examine the other options it's putting it into the land use process yes you can address the land use issues in the land use process

[10:48:17] but it's making a decision to transfer it to the FC to the housing authority for the purposes of coming up with affordable housing it's not transferring it to them for the purpose of having a community discussion on what is the best use of our last little remaining property in Franconia. So it is making a decision to move forward with affordable housing. If it doesn't work, it comes back to us, but it is, somebody correct me if I'm wrong, but that's what we're doing if we move forward today with a motion to approve this. It's going to transfer it to RHA

[10:48:57] for the purposes of affordable housing. I haven't made a motion to approve it. Okay, I'm just trying to clarify what I hear here because I kind of heard that we're not going forward with the process we're not really making a decision today um can somebody clarify is that what we're doing mr director we're transferring it to you you're not going to have a community discussion if we transfer it to you you're going to move forward with the affordable housing correct supervisor herity uh were the property to be transferred we would have a public hearing related to an

[10:49:32] interim agreement to give the selected developer license to seek land use approval or an affordable housing and and many and and potentially a you know accelerate ancillary use that's correct okay thank you okay other questions of board members other questions of board members okay uh supervisor lusk okay mr chairman uh i'll say in light of the the comments that i've heard from the public

[10:50:07] speakers here this evening and comments i've heard here from my colleagues here on the board as well I would like to move to defer action on transferring the property to the Department of Housing and Community Development and to have an opportunity to re-engage with the community and have a conversation with them and then come back to this board with follow-up action.

[10:50:44] You've heard the motion. The chair will second that motion for a conversation, conversation, discussion on the motion. Supervisor Palchik. Sure. Thank you, Mr. Chairman. Thank you, Supervisor Lusk.

[10:51:01] Yes, I would say that hearing what we've heard at this point, that we know there was a deferral in October. And from what I've heard, there were no there was no outreach or engagement.

[10:51:17] There was an expectation, if I heard correctly, that the community members would have the opportunity to discuss with each other, if I'm hearing correctly, and there was not an opportunity or outreach from your office to bring in the housing authority or the nonprofit developers to work with the community, to hear from the community, and to help address outstanding issues in order to provide, you know, I think a process as well as a proposal for that first this first step of the public hearing I don't I don't want to waste anyone's

[10:51:54] time I don't want to waste the housing authority's time and the housing director's time and so I think it's I would support the deferral I guess I want to hear from you Supervisor Lusk that you will have had you have a robust plan and you will ensure that there is that engagement and those processes are worked out before we come back for another public hearing. Of course. It is almost midnight at this point. Believe me, I'm at midnight with you, so when I've been here. We have one more

[10:52:31] with you, yes. I know, I know, and I apologize. This is not. This is critical. I think we all believe in the importance of this work. Of course, and I'll say clearly we will definitely engage the community have the conversation and then we will come back to the board to work on the next steps with the Department of Housing so my intent would be to host another meeting and I'll ask Tom if he can at least be a part of that only because we might have questions that are going to be specific to the project

[10:53:10] we have before the department of housing um and at this point i don't think i don't think we engage the rfp uh participants yet right we probably shouldn't but let me hear from you mr fleawood supervisor lusk my suggestion on that case would be uh would be that it be uh your staff certainly and department of housing staff to answer questions about the process and about the

[10:53:42] potential here okay that's what i was thinking as well um so we'll we'll do that and then uh come back to the board i don't want to set a date now because i guess i can't say definitively we'll get the meeting with the community first and then we'll come back to the board after that we'll get that meeting as soon as possible though okay my only request at this point um would be that before i feel comfortable to say that we are ready sure for the next step that there is an engagement with the chairman who also represents and used to represent the district and with your colleagues the land use process being important and I

[10:54:22] guess since I'm chairing housing I'd be happy to have those conversations as well I do want to make sure that we continue to to support this process and to feel of course comfort and moving forward in the next I'm happy to do that I think that's been clear okay sure okay any further discussions again Supervisor herity. Yeah, mr. Chairman what I heard from a lot of the community members was a desire to talk about options Not just the housing Authority proposal So I hope those meetings would include a broader perspective on the other things that could be done with this property because that's what I hear

[10:55:00] It's what I heard from the community pretty loud and clear So I would hope it would be broader than just this is what we're gonna do if we do this but it's what should we be doing with this piece of property and hearing from our residents in that capacity as well as the housing part of that.

[10:55:18] It would be very nice to have the volunteer fire department there to present their kind of thoughts on what they think they could use that property for as well. Supervisor Beerman. So my understanding from what you said, Supervisor Lusk, is that plans, the whole, this is definitely going to be 120 units, it's going to be four stories, that none of that has happened yet.

[10:55:50] Has not. And I want you to correct me if I'm wrong. Sure. It's entirely possible that the plan that comes through is 95 units and a volunteer fire department or 90 or 82 units and a dog park or, you know, something like that.

[10:56:11] Is that is that still on the table? Again, I don't want to define what it's going to be, but I think we need to have a conversation with the community and to figure out what are the options that make sense and that will work also with the Department of Housing.

[10:56:28] Because this still has to perform out as a project. It's got to qualify for, you know, the low interest tax credits. There's some components here that we've got to ensure that they are met. assuming that we can do that yes thank you let me just make this simple if I can I first of all and just profoundly disappointed that we're at this point and this lack of public engagement has occurred on something this important so you know with regard to what supervisor Herity said I guess I will disagree on

[10:57:07] one point because ultimately no matter what comes back comes back to this board this board decides uh if we don't want affordable housing there we vote against affordable housing that's why i asked the question um that you know ultimately there will be other public hearings this this comes back traditionally this has been the first step of the process to get community engagement um you know frankly on something this important i think the community engagement should have started for far before uh we get to this process and and you know i would say you know

[10:57:40] look at what we did not long ago at Oakwood in terms of community outreach and how successful that model was. And I don't want us to, from this dais, to be suggesting to a district supervisor who he should be including in meetings and whatnot. I will just say this. I think there hasn't been the community engagement that's needed to happen. The supervisors acknowledge that needs to be fixed. What form that comes back to us in, I think we've given our feedback.

[10:58:10] what form that comes back to us in is is at the discretion of the district supervisor and this board will determine if based on the community input and what we know that is or is not the proper way to proceed and so i don't think we should be micromanaging those meetings other than to suggest that at least this chairman is not comfortable that that proper community engagement happened and until i feel like that did happen i'm not going to be prepared to vote on anything here.

[10:58:37] And so I appreciate that the motion was made to defer. I guess my question for the county attorney is, and this becomes very important, the motion was to defer decision, which means we have had held a public hearing on this now.

[10:58:53] So what that means is if community engagement is to begin with the community on this issue, it will be coming back to us as a decision only, not as another public hearing. if it is based on the parameters that were advertised in this transfer.

[10:59:11] Is that correct? Is that your understanding? Well, in light of the statutory amendments, I'm concerned about the possibility that we'd need a second public hearing. I'm looking at Cynthia Bailey to see if she has any input on that. Oh, gosh. Okay. Oh, no.

[10:59:29] That's what we do with land use decisions. Thank you, members of the board. Cynthia Bailey, the Office of the County Attorney. This is not a land use application. this is merely a conveyance. Under 15.2, 1800, the conveyance may occur. There's obviously has to be a public hearing, which has in fact been advertised. So there's a distinction, I think, between a land use application and a mere conveyance. But I think we would like to take

[11:00:04] that question under advisement and to be entirely clear that another public hearing would not be required? I think that's really important because if it comes back in some other form other than a complete transfer to the Redevelopment Housing Authority, then it's something different that we didn't really have a public hearing on. And so I'm raising these questions because I have concerns. And this is why, you know, we need to come to these meetings ready to know what it is we're doing here and be clear with people. This, in my mind, has to be deferred. I would suggest,

[11:00:39] just based on on my own experience that this be deferred to a date certain and that in the interim that research is done with county staff about what the what the parameters of that would be but if we if we don't make a motion with a date certain here you're looking at an indefinite deferral I think in trend out of transparency we should be deferring this to a date and give supervisor lost the time to have the community engagement, have staff have the time to work with his office about whether what it is that's coming back would be in conformance with what was

[11:01:16] advertised and whether or not that would require another public hearing or not, and that we're very clear about that. So I guess the motion was made to defer. Is that, are you making a motion to defer to a date certain or are you making a motion just to defer and does that have a material impact on the review that would have to be done by the county attorney well i will say in the old days i had the same inclination to always defer to a date certain because that would take care of your advertisement requirements my concern in this situation is the statutory amendments that

[11:01:55] we all know about at the planning commission and the board level have had an impact and so So my concern is that even though you defer to a date certain, we may still need to re-advertise.

[11:02:12] And we may still need to re-advertise because things have changed. And so I'm not sure, the long and short is, I'm not sure that deferring it to a date certain will eliminate the need to re-advertise. But we certainly know how to take care of those things and are happy to help if re-advertisement is needed.

[11:02:33] So what I would suggest, Supervisor Lusk, is that you defer this to a date certain, and if it doesn't meet the criteria for being able to not have another public hearing, the county attorney will make that determination. But I think the community needs to understand what the date is we're deferring this to, to give them an idea of what we're talking about.

[11:02:54] And if it is the same subject that comes back to us as a result of that community engagement, then perhaps with the date certain you have that. if you don't, you're back to what we said anyway, which is this whole thing has to be re-advertised and re-heard. So that would be my suggestion, but I will allow you, obviously, if you want to just make a motion to defer it outright, that's certainly acceptable as well. Yeah, I guess I'm trying to figure out when that date certain would be. It's a little difficult without knowing the

[11:03:26] timing for the meeting, but I guess I'm looking at you too, Tom, in terms of timing here. If I go out second what's the second second meeting in february is the 20th second meeting in february is the 20th and then there are two march meetings so march let's look at march then march 5th and

[11:03:50] march 19th all right we'll go with march 5th so um do you need to restate the motion or yes please um mr chairman i move to defer um action on the public hearing to validate and convey property at the franconia governmental center to the fairfax county we open housing authority to a date certain

[11:04:24] of march 5th at we can do four o'clock four o'clock four o'clock you've heard the motion it's been seconded by supervisor palczyk any discussion on the motion i think we've we've all stated clear what our expectations are uh if there's no further discussion all those in favor of the the motion please say aye aye any opposed any abstentions and that motion carries and that brings us to our final public hearing of the night which is another Franconia case it's a public

[11:05:02] hearing on PA 2015-4-RH1 Topgolf site Kingstown area Franconia district at this time I would

[11:05:11] recognize county staff for a staff presentation. Thank you, Mr. Chairman. I'm Aaron Kleibanner

[11:06:06] with the Department of Planning and Development, and I'm accompanied by Graham Owen, also with the Department of Planning and Development, Tom Burke with the Department of Transportation, and Mike Garcia, also with the Department of Transportation. Board authorization directed staff to consider redevelopment on the subject property with uses that are compatible to the established communities to the east of the site and a strengthened connection to the Kingstown town center the board requested that staff consider an amendment to the comprehensive plan for a mix of residential uses up to approximately 275

[11:06:43] residential units at 16 dwelling units per acre and up to 70,000 gross square feet of retail use since 2015 the proposal has undergone a series of changes and as a result the current amendment considers a reduced program of of up to 174 dwelling units at 10 units per acre and no retail use the amendment is concurrent with rezoning application which will be scheduled separately the 17 acre subject site is located on

[11:07:22] the south side of south on the east side of south van dorn street near the kingstown village parkway and south van dorn street intersection and contains the rudy's golf facility former Ruby Tuesday restaurant, which is now vacant, and associated surface parking on two parcels. The site is surrounded by a child care center, funeral home, and church to the north, three-story townhomes to the northeast, and two-story single-family detached homes to the southeast. Across South Van Dorn Street to the west are four-story townhomes and four-story

[11:07:59] condominiums, a stormwater pond, and the Kingstown Town Center is located to the southwest, which contains a mixture of office retail shopping centers and recently approved mid-rise residential development. The site is planned within the Lehigh community planning sector which contains as its core the Kingstown Town and Village Center CBC which is planned and approved for medium-high density mixed use development. The subject area is adjacent to this core and is planned for residential use at three to four dwelling units per acre. The recreation

[11:08:39] use on the site today was approved through a special exception in 2004 under this plan guidance. The general land use recommendations for this area encourage a planned development community with a mix of housing types and a sense of place established through superior design.

[11:08:58] Since 2015, the concept has seen changes. The first iterations included both residential and retail uses, and then later transitioned to all residential. The proposed density has steadily decreased beginning at 16 dwelling units per acre in 2015 down to 10 dwelling units per acre inclusive of affordable housing bonus with the latest concept introduced in 2022. As a result, the current proposal consists of up to 174 townhouse units, which is 100 fewer units fewer than originally

[11:09:33] authorized the april 2023 proposal submitted by eya and concurrent updated rezoning application includes the 174 unit program as described on the previous slide a publicly accessible community park along the southeast property line as well as two additional private open spaces and increased buffers along the east north and west property lines this concept also produces fewer vehicle trips than the current entitled use on the site, the Rudy's Golf and the Restaurant

[11:10:11] Space. This slide shows the surrounding net or effective residential densities for the built footprint of the townhouse and condominium neighborhoods near the Topgolf site, exclusive of open space areas, amenity areas, and stormwater easement areas. This shows that the effective density is very similar to other neighborhoods immediately to the west, such as the Waterside townhouses across South Van Dorn Street, and far lower than the effective density at the

[11:10:46] Chancery condominiums across the Stormwater Pond. Of note, however, none of the surrounding townhouse developments provide a publicly accessible community park, which would provide an amenity and also helps establish an effective and compatible transition to lower-density neighborhoods to the southeast. In considering the proposed change, staff notes that the site is located in a suburban neighborhood where infill development is recommended to be of a compatible density, character, and scale. While the proposed density is higher than the residential

[11:11:24] communities to the east, the cluster design and townhouse form are consistent in character with the surrounding uses, which range in height up to four stories, and with the proposed substantial buffering, achieves a compatible transition. The site is also immediately adjacent to the Kingstown Community Business Center across South Van Dorn Street, which is planned as a mixed-use center for both medium and high-density development and has included recent approvals for mid-rise multifamily buildings. Other planning considerations have included multimodal transportation connectivity

[11:11:58] and access and stormwater management facilities. Given this, considering a residential density of 10 dwelling units per acre can achieve a compatible transition between the CBC and the rest of the would be advantageous and sound.

[11:12:17] Thank you, Mr. Chairman. - Are there any questions for staff at this time? Any questions for staff? Okay, seeing and hearing none, we are gonna move into the public hearing portion, and this has a lot of speakers again.

[11:12:34] I have 23 that have signed up in advance. If you have not already signed up for this, please see the clerk and sign in at this time. And our first speaker this afternoon is Mark Looney, who is an agent for EYA Development. Welcome.

[11:12:50] Thank you, Mr. Chairman. Again, Mark Looney. I'm with the law firm of Cooley representing EYA Development. EYA is the contract purchaser of the property that is the subject of the plan amendment before you. I apologize up front to Supervisor Jimenez, who has already heard bits and pieces of this presentation in a prior life, but I'm happy to be talking about it this evening with you.

[11:13:13] I want to add a little bit more context to what staff indicated in their presentation, and I've got a couple of slides just to illustrate this point. First and foremost, we have a planned amendment before you this evening, but there is also a companion rezoning application that EYA has filed in anticipation of the planned amendment, largely to be able to demonstrate to the surrounding communities why this plan is different than prior plans that have been before the Kingstown Residential Owners Corporation and the immediately surrounding neighborhoods.

[11:13:51] As staff indicated, the redevelopment proposal for this project really began in 2015 when the property owner looked to pursue redevelopment of the property because the Topgolf operator was going to leave the facility and the owner was looking for a different use.

[11:14:11] And that redevelopment effort has suffered through a number of fits and starts over the last eight and almost a half, almost eight and a half years. As staff indicated, it started with a very high density, relatively high density at 275 units in total.

[11:14:28] And through 2021, slowly had been reduced in density in an effort to try to build support from the adjacent communities. All along the way, those communities expressed concern about the development proposal in terms of density, orientation, buffers, traffic, and other things.

[11:14:49] So much so that by 2021, when this plan amendment was before the Planning Commission, Planning Commissioner Lagana recommended an indefinite deferral of that plan amendment, which effectively left the property owner with no other option than to reinstitute an entertainment use on the property, what is now today the Rudy's golf operation.

[11:15:12] In early 2022, Supervisor Lusk and Commissioner Lagana contacted EYA and said, you guys have a different approach in how you do this type of work. Would you mind taking a look at this to see if you can turn opponents into supporters?

[11:15:30] And so EYA spent a good chunk of 2022 into 2023 conducting somewhere between 25 and 30 different meetings. Small group meetings, coffee shops, larger group meetings, public meetings at Kingstown community facilities and in other places, providing different options, different opportunities, and to try to build supporters where there had been opponents.

[11:15:59] And that culminated earlier, I guess, in the middle of 2023 when the Kingstown board voted unanimously to favor this development project where they had been previously opposed to all of the other efforts by the property owner to pursue the redevelopment.

[11:16:18] If staff could throw up on the screen, there it is. I'll show you why I think that is. I won't belabor some of these slides given where we are. But if we go back, if I go to this slide here, on the left-hand side, this is the proposal that was before the Planning Commission in 2021 that was ultimately deferred.

[11:16:38] On the right-hand side is EYA's plan. What you'll notice is that there are now big, significant buffers around the perimeter of the property. The development is now centered in the property, and there is a fairly significant public park on the right-hand side of the screen that would have public access associated with it, climbing facilities, and even a putting green if the rezoning application is ultimately approved.

[11:17:10] And it's really that change in design and the context-sensitive nature of the planning effort that really turned the Kingstown board and the adjacent communities from opponents into supporters, as I hope you will hear tonight. And this is how they went about it, looking at the perimeters first and then diving into the center of the property and trying to figure out exactly how to arrange it.

[11:17:33] Just to give you some perspective, this slide shows the dimensions from the property line and the other existing communities around it. EYA went out on site and put up cones to demonstrate where the houses would be located relative to the existing development.

[11:17:50] I'm giving you a preview of all of these things because you'll see it in the rezoning application. But two quick things I'll note, Mr. Chairman. One, the property owner since 2015, as I mentioned, has always been pursuing redevelopment. There has been expressed concern at the Planning Commission and in probably correspondence that you all have received about the loss of Rudy's as an operating business on the site.

[11:18:12] I distributed a letter that was submitted to Supervisor Lusk that talks about that and essentially reiterates the property owner's intent to always pursue redevelopment. The second thing I'll note, and you heard some of this in the conversations earlier tonight about sort of the changing nature of Franconia District.

[11:18:33] And that brings with it questions about traffic and other things. Staff mentioned in their presentation, and we can dive into the details if you'd like, that this proposal, the plan amendment, represents a significant reduction if implemented to what the traffic otherwise could be if the shuttered Ruby Tuesday's restaurant were operating as one or two restaurant enterprises.

[11:18:59] And in fact, even with the restaurant closed, this proposed development only offers slightly more traffic than what is existing on the site today without the restaurant operating. And so when we talk about sort of when you make changes to land use and you change land use decisions, Effectively, what you're doing is you're locking in, with this change, the potential to actually reduce traffic as opposed to increase traffic.

[11:19:26] So I'll be available to answer questions if you have any or respond to public comment. But thanks for your time. Thank you. Speaker number two is Tim Nank. Is Mr. Nank on the line? Mr. Nank, if you can hear me, welcome.

[11:19:43] The floor is yours. Okay. You can hear me okay? We can. Thank you. Okay, great. Yes, my name is Tim Nank, resident of Kingstown for, I think, 23 years and been living in Prestwick since 2011.

[11:20:02] I bring that up because Prestwick neighborhood butts up to the parking lot of the Topgolf site that we're talking about tonight. Just briefly, I just want to say that I support this EYA project.

[11:20:18] We've been working with them. Oh, I should also mention that I'm a Kingstown board member as well. We've been working with EYA for a while, and already that's been pointed out is the density number has gone down significantly, and so that is very attractive to me and to the people that I know that are in very much support of this development.

[11:20:47] Having 10 units per acre, totaling 174 units, is far more attractive than what has been proposed in the past. I also just want to add that the aesthetic value, what they have proposed in terms of what the area is going to look like in terms of greenery, there's going to be a little park on the side there, and, of course, the housing development as well is also conducive to Kingstown's.

[11:21:19] theme, or I'm sorry, I can't remember what the thing of the word is, but kind of conducive to how Kingstown looks throughout the community. And then I guess the traffic issue and the stormwater management's already been addressed. We've addressed this through town hall communities, and then I think there's been some studies released as well. There have been some studies released as well. So I'm confident that that has been addressed sufficiently. And that is really about it I don't want to take a lot of time I'm actually overseas six hours ahead of you guys so

[11:21:56] it's morning time for me so I'm gonna leave it at that but I am very much in support of this I know some of my neighbors are in support of this as well as some other Kingstown residents and neighboring neighbor other residents in other neighborhoods around surrounding the area I think that's all I have if there's any questions of me I'm happy to answer them over Thank you very much, Tim. I appreciate that. We are going to move on to speaker number three, Mark Engelbaum. Is Mark here? Mark is here. Welcome. The floor is yours.

[11:22:33] initially say good morning yeah that's right you are well i used it anyway thank you very much uh i said i'm mark engelbaum um like like like tim um i am a member of the kingstown hoa board of trustees so i appreciate the opportunity coming by i'm speaking as an individual tonight i'm also speaking as as a resident of preswick in fact my my home directly abuts the parking lot i look right out and i'm most affected along with several of my neighbors i have been a vocal opponent to this development for many years to this point where i really got my neighbors together i've

[11:23:13] spoken to you before at this this very hearing in this board in opposition today i'm here supporting this this endeavor um i think it's really key to point out and very quickly i won't go into it because there's gonna be a lot on that is the exceptional work that's been done as opposed maybe the last project i do want to extend my appreciation to supervisor lusk for bringing this up re-engaging and really giving a voice to the community letting us be heard we oppose this but we oppose this for very good reason um and we've been very very pleased with eya and the development look i'll be the first to say i'd be happy if we kept it at three to four okay most anybody would

[11:23:52] but part of this is also compromise and understanding the need for housing but but But taking our points into consideration and building something that is aesthetic, that fits in, and that respects the community, that allows the past residents, but also future residents to live in that community with pride. But very quickly, though, again, I'm going to touch upon something else because it has been, we'll have a lot of discussion on that.

[11:24:12] But it's about what are the alternatives? I go back when I was sitting through the network data center discussion. What are the alternatives? As was mentioned already, the person that owns it plans on developing this. But regardless, we hear about this, about the Save Rudy's, about Topgolf.

[11:24:29] I respect that. I respect their opinion. But even if it were to maintain, I wholeheartedly disagree. Those people that do that, I respect where they come from. But they go there, have fun, leave, or do their eight hours and then go home. I have to live behind there.

[11:24:45] My neighbors have to live behind there 24-7, 365. I can tell you the number of times over the last decade that I've had to call police. I can go into so many things from trespassing, illicit activities, fights, parties going on throughout the night into the early morning, continuing in the parking lot.

[11:25:02] I will admit Rudy's has been better than Topgolf, maybe probably because of density right now, but problems continue. Music, seven days a week going on from morning to late at night. Sometimes they forget to turn it off and 2 o'clock in the morning I'm in my bed listening to music from the parking lot.

[11:25:18] I've had a call, in fact I called two nights ago, to say please turn down your music. I can hear it inside my house at 10 o'clock at night or whatever it was. I know there's noise and oranges and stuff, and they're generally pretty good. But even then, I cannot sit in my backyard. There's music out there day and night, morning and night, seven days a week.

[11:25:35] And we have to. I've had to go out back with Topgolf. Every Sunday, I would go up and pick up all the broken bottles, all the whiskey bottles, all the stuff and other objects out there that were thrown behind because they always like to have their parties right at the edge of the parking lot. I've done that a couple times already, if you can indulge me just for another minute.

[11:25:51] wrap up so those problems continue this is zoned as was pointed out for residential use that is a commercial property that is operating by special dispensation it is not designed for those of us that live immediate adjacent to us it's nice to be able to shoot a couple balls and stuff like that but it's not really fit in with our neighborhood and where we want to be i wholeheartedly support and urge the support from this committee for this development thank you thank you speaker number four is John Nicholson, who has submitted a video. My name is John Nicholson and I live in Franconia.

[11:26:27] I recommend the board take no action on the top golf proposal until you can get Fairfax County DOT and Virginia DOT to come forward with a plan on how to ameliorate traffic congestion on local roads, including Van Doren, considering the total impact of all the recent and proposed developments.

[11:26:48] What the board seems to lose sight of is that development occurs on a one-at-a-time basis, while traffic problems are cumulative and long-lasting. Van Doren is an important thoroughfare, and even when a new development doesn't directly feed onto it, drivers from all over, including other recent dense townhouse projects, make trips on it.

[11:27:11] Right now, Van Doren is very congested during drive time on workdays. No matter what your traffic estimators say, drive time congestion is the true baseline. As you know all too well, the Franconia District Land Use Committee voted twice to disapprove the top golf plan over the objections of the closest subdivision. This was a very unusual step for this group of HOAs and civic associations because we all give great deference to the closest neighbors. But we did it because we all drive on Van Dorn. We all are frustrated and we

[11:27:49] all suffer in congestion on Van Dorn. It's more than one neighborhood's problem. I and others on the land use committee view the comprehensive plan as a serious document that gives county residents is a good notion about how their communities will be made stable and livable in the future. I know it says, hey, we're going to urbanize Fairfax County, so get used to it.

[11:28:15] It implies the rest of the document is irrelevant. Our view is it isn't irrelevant. If the vision and plan for the Topgolf area in question is for residences at density three to four units per acre, why shouldn't developers be expected to build three to four units per acre? A plan is no plan at all if it's not followed. It's meaningless as a community vision if you simply change it whenever a builder says, forget that, I want more. It ought to be tough to build at some high density and not plan for in advance. For the board to change the plan every time you buy into

[11:28:52] a non-compliant development scheme means you really don't share the vision and aren't serious about having a plan the public can count on. Anyhow, hold off on Topgolf. Work the traffic problems for us first. Thank you. Thank you. Speaker number five has also submitted video testimony. If we could play the video. Good evening. I'm Svesa von Pelt. I'm a resident of the Northampton neighborhood of Kingstown, just up Bandone Street from the former Topgolf site. I'm here to speak

[11:29:28] because I am supportive of EYA's proposal to redevelop the site. I know EYA has been working with Kingstown and members of the community, and they have reduced the number of dwelling units in response to concerns about the size of the project.

[11:29:48] EYA has a reputation for developing high-quality communities that I believe will add to the vibrancy of Kingstown. We need more housing in our region at all levels. And I also believe that more residents will allow us to attract even better retail at the town center.

[11:30:08] I understand that there are concerns about traffic. My family has lived in Kingstown along Bandor Street since 2009. corridor has always been congested and I believe it will always be. That should not be a reason to stop this project because it is the best interest of our area that it goes forward. I would definitely support a greater look at mobility in the broader Franconia and Kingston area, one that not only

[11:30:44] just looks at vehicles but also improves transit and pedestrian and bike connectivity. Again, I I believe EY's project will have a positive impact on our community, and we'd like to see it move forward.

[11:31:01] Thank you very much. Thank you. Speaker number six is Michael LaMarche. If you can come on down, speaker seven is a video. Speaker number eight is Keith Jordan. Is Keith here? If you can be ready to testify when it's your turn, and speaker number 10, Ethan Beale.

[11:31:18] If you all can be ready and on deck, that would be appreciated. Michael, welcome back. Thank you, Mr. Chairman. I can't believe I'm saying this. Good morning, Board of Supervisors. The second time I've been here, the second time I'm here at a 1 a.m., it looks like. I just wanted to say I'm here representing the Kingstown Residential Owners Corporation as the chair of the Board of Trustees.

[11:31:41] As you heard, our Board of Trustees unanimously supports this proposal. We have 5,300 households, 18,000 residents. As you're aware, this has been a controversial topic for 10 years. Tonight, I'm here to ask you not to delay this site, to move forward with the proposed changes of the comprehensive plan for a maximum of 10 dwelling units per acre, inclusive of the affordable dwelling units.

[11:32:09] Before getting into the details, we would like to express a sincere thanks to Supervisor Lusk. We thank you very much with holding the multiple forms, the engagement with the community. We're super grateful, and I will make sure our community knows that all you've done for our community.

[11:32:27] Same thing, Mr. Chairman McKay. I thank you for, over the years, your hesitancy to hit the go button on the site to do the right thing. And I'm here to tell you, I think we're at the moment where we've reached the optimal design due to the hard work.

[11:32:48] I just want to say that, I also want to thank Dean Logano, but I also just wanted to say that this evening you'll hear from several members of our board, as well as our community. why the change is urgently required for the site.

[11:33:04] Some of the testimony tonight comes from members, especially some of it later, I think, of Kingstown who were once strong opponents. In fact, one of them, Mr. Pete McDowell, friends of Kingstown Lake, asked me up to just a month and a half ago to save Rudy's.

[11:33:22] And believe me, I had many pitches of beer with him at Rudy's, and I appreciate Rudy's. However, they all understand that given the economic realities of the site, a very difficult site owner, which I have personal experience with because I've met with him on multiple occasions.

[11:33:40] I even held him accountable with our district attorney's office. I also wanted to say, you know, the hardships and you heard about the hardships day to day. The board of trustees recognizes that this might not be embraced by everyone, but we've done our due diligence.

[11:33:58] We've had a survey. It's embraced by the majority. everyone we've talked to. We've had multiple town halls, and even the person who started the Change.org survey in 2021 said in a town hall that she now supports this site. She backed up.

[11:34:14] She said, this is a great plan. And what I wanted to get along the lines of the details of why we support it. First, obviously the density decreased, but it's not just the way the density decreased. We think EYA's plan was brilliant in how they handled that density. Density is not always bad. In this case, this was a great plan. It's consistent with the current comprehensive plan. I wanted to highlight the addition of 174 homes in Kingstown. And by the way, it's our full intent to annex this property. After March, when the rezoning is approved, I will be working

[11:34:51] aggressively with EYA for community outreach to start the discussions to get the community support in the fall to vote to annex this site. And we believe on, you know, past precedents and engagements with the community, it'll be successful. But the 174 homes in Kingstown will only increase the overall density by one-tenth of a percent. You will still be below the threshold of five homes per acre. The counter-comprehensive plan, three to four homes per acre. As you know, Kingstown's 1,200 acres, and we have a lot of open space. That's how we can do that. The density of the proposed neighborhood is compatible with adjacent

[11:35:30] neighborhoods. As you already heard, you know, three to four homes per acre, not common, even in kingstown the fact is the neighborhoods average seven ten homes per acre for townhomes single families more like five per eight uh the proposed setbacks the streetscape is directly compatible uh with the comprehensive plan and we're very thankful that uya listened and residential near the center should be planned with densities to help bolster the commercial town center that's another reason why we believe this should be supported because in our view we're fearful that commercial base is unsuccessful what we're going to have is a situation where the community is

[11:36:08] have a worse-off problem with lots of apartments. We understand that the opposing members of our community and the Land Use Committee, we understand where they're coming from. I just wanted to, you know, ask everyone to think about, you know, a quote from President Kennedy. And that's, that's a change, you know, change is inevitable. That's the law of life. And those who only look only to past or present are certain to miss the future. And in closing, I'm not going to,

[11:36:40] i've already said it and others said it but we're making a a a very unique decision on the site and we're doing this for the bigger vision and understanding that you know impacts the community is why we're approving this but we're sincerely asking you again to please do a comprehensive infrastructure analysis of franconia and the residents i think will be will be applauding you doing that and knowing that you listen. Thank you for your time. Thank you, Michael, and I know

[11:37:16] you've got a difficult position and know we appreciate you, so thank you. Speaker number seven is Joshua Booth, who has submitted video testimony. I'm Joshua Booth of Lincolnia, and I'm in support of this comprehensive plan update to permit 174 new townhouses on the former Topgolf site. This change will advance the goals in the policy plan of Fairfax County. It aligns with the interests of the Kingstown Residential Owners Corporation, or KROC, and it advances the goals of YIMBYs of Nova to improve housing affordability through building more housing.

[11:37:50] Infill development like this is ideal for improving housing affordability while minimizing impacts on neighbors. The days of improving housing affordability through suburban sprawl are behind us in Northern Virginia. Infill development that is adjacent to neighborhood grocery and retail, close to transit, and close to parks will minimize the miles traveled by car without creating an urban experience that some find undesirable.

[11:38:13] This comp plan change will advance the affordable housing goal in the housing policy plan. Multifamily housing is rarely built, with units large enough for families, let alone affordable units. The 18 affordable townhouse units that will be created by this change will be a welcome addition to the supply of affordable housing for larger families.

[11:38:32] This change will advance a number of land use objectives in the land use policy plan. Objective 4 encourages a diverse housing stock, advanced by building townhouses instead of detached single-family homes. Placing so many homes next to bus stops advances Objective 6, which encourages land use that increases transit efficiency.

[11:38:53] Objective 12 asks that the development location and intensity advance the county's broad goals. This amount of intensity will help to meet the county's goals in a way that more detached single-family homes will not. Negative impacts will be minor or offset by smarter planning.

[11:39:08] Some would argue that this comp plan update will destabilize existing neighborhoods and they claim it will cause excessive extra traffic, overcrowd schools, or will allow a density that is incompatible with adjacent neighborhoods. Staff has shown that the increase in trips will be small. The developer will mitigate impacts on schools by proffering more than $5,000 per unit.

[11:39:28] Screening, buffers, and parks will mitigate the visual impacts of density. The desire to ensure stability of existing neighborhoods is given voice by Objective 8 of the Land Use Policy Plan. Stability doesn't mean that a neighborhood stays the same, as it always has been, forevermore.

[11:39:45] Stability means that residents are committed to the neighborhood and confident that they have the resources to solve problems. Neighborhoods are destabilized by vacancy, foreclosures, crime and drugs, a lack of resources to solve problems, and people who want to move away but don't have the ability.

[11:40:00] The support of KROQ and other neighbors shows a continued commitment to the stability of adjacent neighborhoods and confidence that the state, county, and local organizations will have the resources to solve problems that may arise. But enough abstract discussion of objectives.

[11:40:16] Would someone actually want to live at the former Topgolf site? I'm over here at the former Topgolf site, and I think this is a great place to put 170 townhouses. It reminds me so much of where I live in Lincolnia. Just like where I live, across the street, there's a shopping center with a giant.

[11:40:33] The Giant's only a third of a mile away, and when you live that close, you really start to ask yourself, should I really get into my car and repark it just to go get some groceries? The walking path behind the Lincolnian Senior Center is great for me to de-stress with a nice little walk around, but Kingstown is great because you've got an even better walking path around Kingstown Lake, and then when this development comes in, they'll even put a nice little park right here.

[11:41:00] Driving in rush hour traffic is frustrating, but that's why having access to the bus system is a great amenity in Kingstown. Down there, there's bus stops that'll take you to the Van Dorn Metro in 10 to 15 minutes. And there's this path on the side of the road here, where if you're a bit more athletic, you can go and take a bike over to the Van Dorn Metro.

[11:41:23] The hill coming back from the Van Dorn Metro is tough, but any bike would make that climb a cinch. I used to work in Franconia, and I still have fond memories of going to the Kingstown Topgolf for after-work happy hours. But ultimately, this fun place to hit some golf balls with friends is in a prime location for much-needed housing. I urge you to adopt this proposed comprehensive plan amendment. Our next speaker is Keith Jordan, to be followed by Ethan Bell and Joy Waller.

[11:41:59] Good morning. Yeah, I've been a resident of Kingstown for 29 years, 9 months, and 24 days since it's morning. For that period of time, I have been pretty adamant about the development of Topgolf site and for the number of units. And we talk about the 2004 and the 2015 proposals for the

[11:42:32] number of units. That number came up when I moved in, and that was in 1994, prior to Topgolf going in. So that type of development is certainly inconsistent with the northern portion of Kingstown. There's been a lot of conversations about traffic, stormwater management, and the things that this proposal from EYA has provided are at least consistent with the criteria for planning, and in some cases, above and beyond. The traffic component as a function of that was a main

[11:43:08] concern for the number of units being put in. And right now, given what's occurring in terms of the number of units it's actually equal to or lower than so you're reducing it and so the the folks who I I'm listening to about the traffic that's been on Franconia and Van Dorn Street I've lived that dream for 29 years but that's also a function of development in Stafford Prince William and everywhere else everywhere else in between so you can't pretty much go after a developer for

[11:43:43] providing criteria that they have no control over, nor do I. But I do have control over at least my say in saying that this has been an exceptional group of individuals coming in and being transparent about the development of this property, negotiation, listening. Again, in the 29 years, they've actually gained my trust. I think that the community outreach that It was provided by Supervisor Lusk, and the EYA folks, for the number of times, constant, they listened.

[11:44:21] It is, I believe, one of those developments in urbanization that should be a lesson learned, kind of like why river development on the eastern shore and how you do that in certain environments. And I think that if the board does not accept it, it would be the consequence of a misopportunity would be I think substantial and I think it would probably be then one of those things that we study in school about the things that you don't do so I do appreciate your time and listening and I hope

[11:44:54] you vote yes for this proposal thank you thank you is Ethan Bell here and people can get closer and then Joy Waller and then that's followed by Sonia Brehe which is a phone call good morning and I didn't expect to be here so late but that's okay. My name is Ethan Bailey and I am a member of the Edison High School golf team coming here to express my disapproval with the current

[11:45:29] townhousing proposal. A couple months ago I attended the Board of Commissioners meeting here and was obviously disappointed with the final vote but kind of this kind of gave me a renewed desire to help out and spread the word about advocating for advocating for keeping rooties and me with the help of my family have created a change.org petition which currently now has 779 signatures of people in our community we've distributed flyers to houses and posted this on

[11:46:04] discussion boards i've contacted people on my golf team just kind of to get the community aware I would like to read just one or two comments from the Change to Org petition. One person said, Rudy's was the original Topgolf. I went there before I had kids and a lot more after.

[11:46:21] We would hate to lose this great place to more housing. Our community needs green spaces also to thrive. Rudy's makes Kingstown a mixed development neighborhood. These sort of things really kind of give Rudy's a personal love that people have for it and prove how people value it as an important recreational facility.

[11:46:43] It's a fun, inclusive, and great place to socialize just for everyone. It could be pro golfers or just people who want to go and have a good time. It has an atmosphere that can't be matched and great employees that work there all the time, which I would like to note that the Ruby Tuesdays is not vacant, but it is a catering company that many employees from the Rooties do work there.

[11:47:09] And I'm going to put this out there now that I'm not completely opposed to any new housing developments. I understand the board wanting to provide an opportunity for more people to live in a great area and to access affordability and low-income housing.

[11:47:28] But really, it's an issue of what's the better investment and what has more value. And from the people that I've gone to, just door-to-door, really, in my community and in the Kingstown area, they'd much rather see Rudy's instead of the townhousing development and recognize its value.

[11:47:46] Opportunity, I know, is an issue, and I recognize that the board wants to give people the opportunity to access low-income housing, But opportunity also applies for people who want to take part in recreation and want to keep those options open.

[11:48:05] Opportunity also applies for golfers who, like me, and other golfers, too, that may not have the accessibility to go to a country club or go to other places in the area, like a golf course miles away. So in this, I ask the board to consider the long-term effects of housing in contrast to what we already have and decide which has more value.

[11:48:30] Because to me and to other people in my community, we strongly believe that Rudy's has much more value to offer the community. And I hope that the board doesn't lose sight of what makes Franconia a really great place to live in.

[11:48:46] Thank you. Thank you for your testimony. Joy Waller. Ms. Waller actually asked to be called back later on, so the next speaker will be number 12, Sonia Brighi, who is on the phone. Okay. Thank you. Good morning, chairman and members of the board.

[11:49:07] I'm speaking again for this hearing. My name is Sonia Brighi. I'm the Northern Virginia Advocacy Manager for the Coalition for Smarter Growth and a resident of Fairfax County. CSG advocates for walkable, bikeable, inclusive, and transit-oriented communities as the most sustainable and equitable way for our region to grow and provide opportunities for all.

[11:49:30] My testimony tonight, this morning, on behalf of CSJ Reflex, joint comments that we submitted with our partners, the Northern Virginia Affordable Housing Alliance, South County Task Force, EMBs of Northern Virginia, Nature Forward, Fairfax Alliance for Better Bicycling, and the Washington Area Bicyclists Association, in support of the proposed redevelopment of the top golf site in Kingstown.

[11:49:55] Our organizations assess proposed development projects in the county with the principles that they provide more homes for a mix of incomes, be accessible to transit with good walking and biking options, and provide good environmental sustainability and design.

[11:50:12] The developer of this proposal, EYA, has sought input from neighboring communities and environmental groups throughout this process and has continued to fine-tune its design to address concerns and provide a quality proposal. The result is a well-designed plan that should be supported and approved.

[11:50:30] More housing in the county is desperately needed, as we've been talking about tonight, as the shortage of homes is causing significant affordability issues and forcing people to find homes farther away and forcing them into longer commutes. This proposal will deliver 174 single-family townhomes, including committed affordable units.

[11:50:51] With a bus stop immediately adjacent to the site, the new homes will be served by major bus corridors with direct routes to the Van Dorn Metro Station. The site is directly across from the Kingstown Town Center, making it walkable to shopping, restaurants, and other services.

[11:51:09] Plans include walkways throughout the new community and a 10-foot shared use path along the Van Dorn frontage. And I would add that to further enhance safety and connectivity to the bus stops and nearby amenities, the county should consider the addition of high-visibility crosswalks and other pedestrian improvements at the adjacent intersection of South Van Dorn Street and Kingstown Village Parkway.

[11:51:34] The current site is overwhelmingly impervious with parking lots and a concrete pad under the turf of the Gulf Range with minimal stormwater management. As part of this redevelopment, the developer will be providing significantly enhanced stormwater management, including managing stormwater from adjacent subdivisions.

[11:51:53] The water will not flow into Hultman Meadows, but instead be metered out into Doe Creek below the park. The proposal has been thoughtfully designed to preserve and improve the existing tree buffer around the property and includes a one-acre publicly accessible park.

[11:52:09] This proposal will provide much-needed housing in a walkable community with access to transit and offers enhanced environmental design and open space. The current proposal is superior to the by-right housing that might otherwise be built without this and will achieve far more community benefits.

[11:52:29] So I ask that you approve the plan amendment. Thank you. Thank you. Are we calling Joy Waller now? At the end of the list. Oh, at the end. Okay. So next, we have a video from Ruth Massey. Hello, Chairman Lee Kay, Supervisor Rusk, and board members.

[11:52:49] I am Ruth Massey, a resident of Kingstown at 6616 Thurlton Drive, and I am Secretary Treasurer of the Friends of Kingstown Lake. I joined Friends because of my concern for the quality of the lake and its surroundings.

[11:53:06] The cleanliness and beauty of the lake are important, both because of maintaining the property values of nearby homes and also the value to our residents. If increased development causes damage to the lake, we will suffer diminished home values. Just as important, the lake draws our residents together. Walking around the lake for exercise is extremely popular.

[11:53:29] The Path Lakes exercise is very accessible and watching the wildlife makes it a joy. The lake is a place for calm reflection and meditation in our busy lives, where we can also build a sense of community.

[11:53:46] As a summing of how the residents value the lake, many volunteer quarterly for cleanup days, which also builds our membership. Our group advocated for fences to catch the trash, and we got them with the help of K-Rock and Howley Corporation.

[11:54:07] We also organized a number of popular nature tours with naturalist Alonzo Avogadis. We have found ourselves repeatedly called on to rescue our great blue heron and several geese from fishing line entanglements. The nearby high school uses the lake for research by its students and professional and amateur photographers take beautiful wildlife photos.

[11:54:33] EYA has been sensitive to these issues and assured us that their development will not harm the lake. We believe that their plan will minimize overdevelopment, which could damage the lake. Admittedly, our first choice for the property would have been a park or recreation area.

[11:54:50] But if development is inevitable, EYA has a record of community involvement that we believe is best suited to this project. For all of those reasons, I ask you to support the EYA player. Great job.

[11:55:12] Next, we have a video from Peter McDowell. Chairman McKay and members of the Board of Supervisors, my name is Pete McDowell. I live in the Chancery Condos here on the lake at 6587 Grange Lake.

[11:55:29] I'm a board member of the Friends of Kingstown Lake and served as the president of Kingstown Lake Improvement Association, our original name for three years. And I'll be speaking for Friends of Kingstown Lake today. In a more rational world, there would be different options before you for the top Gulf site.

[11:55:51] It would be a wonderful place for a small park, as others have said. Failing that, we, like Rudy's, think it serves an important function for family recreation. We'd love to see that restaurant develop, but it's been very clear from our speaking to the owner and from other comments that that is not an option.

[11:56:18] Rudy's is a temporary holding pattern for the owner. Furthermore, we've said repeatedly that traffic on South Van Gorn is terrible at rush hour. Any new development on the site really should be based on a comprehensive review of the options for reducing gridlock and take those considerations into account in a strong way.

[11:56:49] It would be also important to have more public transportation, a better bus service from the site. But development decisions are largely driven by search and profit. Respect for the neighbors and the natural world count little in most equations.

[11:57:10] EYA has been a very welcome exception. Evan Goldman made himself available for at least three individual meetings with our group and three larger hearings. He was both very responsive to detailed questions and transparent about what was happening.

[11:57:26] EYA clearly cares about its reputation in building and maintaining relationships. Furthermore, it was clear that he was listening and changing the design in response to input from the neighbors. Our concern about the increased foot traffic around the lake for the development was met by his assurance that people around the lake would be welcome to the natural areas in the proposed site.

[11:57:59] Most importantly, it became clear that EYA saw the lake as an essential part of what their vision for the community development there would be, that the lake and nature was something their customers would want and they would want to.

[11:58:18] We saw it as critically important that, accordingly, they would be a critical ally for preserving the lake. So our choice to support the UIA project is not that it's perfect or guaranteed to increase traffic congestion.

[11:58:39] Rather, we think the project is very likely to be a better neighbor with less negative impact on the area than the next proposal. We strongly recommend that it be voted affirmatively tonight.

[11:58:54] Our next speaker is a phone call from Pam Vandenberg. Sorry about that. Pam Vandenberg, thank you guys again for staying up with us.

[11:59:19] You've heard from the residents, you've heard from the developer, and I'm going to kind of cut to the chase. Now the county has an opportunity tonight to approve a proposal which significantly reduces the units per acre to 10 inclusive of affordable dwelling unit bonus densities for approximately 172 units, which is a significant improvement of the proposals submitted in the past.

[11:59:45] Not only does this proposal afford lower density, but enhancements were also made to the site plan to address density concerns. These enhancements include setbacks to the road, retaining berms, green spaces, parks, and additional treescape. If the Board chooses to approve this project, we would request proffers be included to ensure the final development product received by the community aligns with the EYA proposal in architecture and site enhancements.

[12:00:16] We would also request, if the Board approves this development, that the affordable housing dwelling bonus densities, which would be approximately 20, be set aside for the Fairfax County Magnet Housing Program for qualified professionals such as police, firefighters, teachers, and medical staff, and workforce development housing only.

[12:00:38] Lastly, while we support this development request, which is significantly lower in density than past requests, and to that end would mean less traffic created than other proposals, we feel the county has not addressed the issues arised in our community.

[12:00:57] The impact of approvals for continuing series of new developments without a strategy to mitigate the increased traffic these projects will bring to our community is a concern. It places our residents in an unsafe position when traveling on our roadways and attempting to make way for emergency vehicles.

[12:01:20] These vehicles may be on their way to saving a life but cannot get there because of congested traffic. This puts all of us in danger. We have not seen any plan put forth to enhance our teacher roles and increase emergency personnel to include fire and police and provide an increased budget to provide those services.

[12:01:42] We would request that the county provide a comprehensive plan that looks over the horizon and our community as a whole, not one development at a time. And moreover, this strategy should include some sort of timetable for some sort of completion of some sort of traffic study.

[12:02:04] Because if you've heard from everybody out here, it's going to get worse. And we just want some sort of solution that's amenable to the county and amenable to our residents. Thank you. Thank you. Speaker 16 is Leah Lambda Skidmore.

[12:02:24] Good morning. Good morning. I didn't think I was going to speak this early in the morning.

[12:02:40] I'm normally not that good this early, so forgive me. My name is Leah Lambda Skidmore. I've been involved with land use since the early 2000s. And I was told when I engaged in that process that it was a contact sport.

[12:02:57] It is. And it will continue to be because people are passionate. I have three things to cover. One is that in Virginia, landowners have the biggest lever. And if we want change and we want accommodations, we have to give in order for us to get more.

[12:03:21] And in that, the density here is what we need because we also get the ADU units that I would like to see. So our support people, our hospital people, our police officers, and our firefighters can live in the area that they work.

[12:03:42] It will help also in diminishing the amount of traffic coming through the area and having people be in the area. The other thing in the land use process that I've always supported is that when the neighbors support a program, then we should support those neighbors.

[12:04:07] The current use on this site, I feel, has not been a good neighbor. When you have to call police for noise, when you have trash coming through, it is not sustainable for the neighbors.

[12:04:24] And in that respect, to be good stewards of our area, we need to consider their concerns much more than other people's concerns. Because we have limited a number of developments that we've seen come in here, and we've seen people do more and more of the no word because their fear of seeing change, but they're taking a step back and realizing there's not been a whole lot of new development

[12:05:01] in our area. So the price of the housing has gone up. The people have had to move out. The traffic has increased because of the through traffic, and it's not sustainable. We need people to live here, work here play here pray here we need to make a community that stays in the area that will help us limit the amount of traffic that changes the dynamics as we add new housing at a lower cost

[12:05:40] point for the community at large that's all i have leah thank you uh very much and just point a personal privilege. Leah was a long-time chair of the Land Use Committee, and I have not seen you in a long time. It is great to see you. Thank you for coming out. Thank you. Speaker number 17 is Linda Rhee, who has submitted video testimony. Good morning. My name is Linda Rhee, and I am a resident of the Hayfield Farm neighborhood within the Kingstown community of Alexandria, Virginia.

[12:06:17] My position is in connection with the proposed redevelopment of the former Topgolf site. A quick background on me is I've grown up and lived in the Northern Virginia area for 36 plus years. I am very familiar with the Kingstown community, and as much as I would like to continue keeping the current location as commercial retail space, it is apparent that Topgolf is no longer a good fit for this community.

[12:06:45] The space is completely underutilized. The venue is empty most days and has become a nuisance for the neighborhood directly adjacent to it. EYP's comprehensive plan amendment is a significant improvement from prior plans.

[12:07:02] I fully support the amendment and seek county and community leaders' active engagement to approve with the goal of creating an outstanding project that will benefit all of Kingstown. Thank you. We are now on speaker number 18.

[12:07:24] Speaker number 18, who has called in. Chris, can you hear me okay? Yeah. Welcome. The floor is yours. Okay. Like an echo. But my name is Chris Polazzolo.

[12:07:41] I live in Kingstown in Alexandria within the Kingstown Residential Owners Corporation, otherwise known as CROC. Let me try something to stop the echo. Anyway, I've been a Kingstown resident for 20-plus years.

[12:07:57] I've been on the CROC Board of Trustees for over four years, and I currently serve in that capacity as a board trustee. I'm in favor of the plan amendment. CROC has a strong interest and also a legal and fiduciary duty to provide quality amenities to our members and to do the best we can to maintain and hopefully increase home values for our residents.

[12:08:23] And I believe this proposal does that in a number of ways. Some of them are that it's a combination of public benefits and the quality of the homes to be built do that, and the plans for its common areas also do that.

[12:08:40] I think that this would benefit croc members, residents, and surrounding non-croc members. A couple other points. The landowner, my understanding, has expressed his desire to redevelop the site and has actively marketed it.

[12:08:55] So it's not a choice between Rudy's and the EYA development. It's a choice between the EYA development and potentially some other development, which most, in my mind, would be less desirable than EYA. The property owner has also proposed in the recent past density levels that are much higher than the current EYA proposal and higher than what we think is compatible for the surrounding area.

[12:09:24] I also think the proposal will improve stormwater maintenance in Huntley Meadows and Doe Creek. I believe that this proposal is better for all parties than the uses that the landowner can develop right now by right under the existing special exception for those lots.

[12:09:46] Further, I believe the EYA development will bolster the Kingstown Town Center, the commercial and retail area within that town center, and ensure that those retail and commercial uses there remain successful into the future.

[12:10:05] That's important because the Kingstown Town Center success is a key driver to home values in the surrounding areas, both within the Kingstown HOA and outside the Kingstown HOA. So in conclusion, given the market reality, the history of proposals for the site, and the desire to redevelop it, I think the EYA proposal warrants approval, and I ask you to do that.

[12:10:32] Thank you. Thank you very much. Speaker number 19 is Bill Shuttleworth. Billy, can you hear me okay? Sure can. Jeff, how are you doing? I'm doing great. Welcome. The floor is yours. Thank you.

[12:10:47] Mr. Chairman, Supervisor Lusk, members of the board, I'm Bill Shuttleworth. I represent the Springfield Forest Citizens Association on the Franconia District Land Use Committee.

[12:11:07] And I'd like to respectfully request your support for approving this plan amendment application. I've been a member of the Land Use Committee for over 20 years.

[12:11:29] and voted approval when a visionary and very bright former supervisor proposed a use for this site that delivered the very first Topgolf in the USA.

[12:11:51] I've heard all of the plans since Topgolf abandoned the site,

[12:11:57] And this plan before you includes significant reductions in both trip generation and dwelling units, parking, seating code requirements, a developer of top-end projects, EYA, approval of Kingstown neighbors, to mention a few factors.

[12:12:37] Therefore, I respectfully submit that you move past all of the B.S. and just vote Y.E.F. to approve this application today. Thank you for the opportunity to speak this morning about this application.

[12:12:59] Thank you. Thank you very much, Billy. Good to hear from you. Speaker number 20 is Mustafa El-Nahas, who has joined us by phone. Mustafa, can you hear me? yes i can hear you welcome the floor is yours good morning esteemed board members my name is mustapha nahas i live car free in west falls church metro area in the jameswood district i visit the kingstown area for work a lot i'm here to express my enthusiastic enthusiastic support for the proposed redevelopment of the top golf site this project offers something truly

[12:13:37] remarkable for our community a balanced accessible and forward-thinking development that addresses our needs while embracing a greener future. Firstly, let's talk about location. This site boasts incredible connectivity with three nearby metro stations and bus accessibility.

[12:13:54] Imagine residents leaving their doorsteps and seamlessly hopping on public transit, connecting to jobs, education, and leisure with ease. This alone speaks volumes about the project's commitment to sustainability and reducing car dependence. Secondly, the proposed 174 units paired with 10 affordable housing units per acre paint a picture of inclusivity and opportunity we can finally welcome diverse families and young professionals into vibrant accessible housing options bolstering our community's economic and social fabric affordable housing right beside a major retail center by kingstown town center it's a dream come

[12:14:34] true for so many individuals looking to plant roots and contribute to our county and let's us forget the green space. In a world where nature is increasingly precious, this development prioritizes ample green areas, offering much-needed pockets of calm and recreation within our urban landscape. Parks, playgrounds, and green spaces become the lungs of our communities, fostering mental and physical well-being for all residents. We can and should have both leisure, and sustainable living solutions coexist in harmony. This redevelopment offers a much

[12:15:14] better land use, one that caters to a wider range of residents and prioritizes community needs. In conclusion, I urge you to see the immense potential of this project. It represents a step towards a more connected, inclusive, and vibrant future for our county. Vote for a top growth redevelopment and vote for a future where everyone thrives. Thank you. Thank you very much.

[12:15:37] Speaker number 21 is Michael Doyle. Is he connected? So we were unable to reach speakers 21, 22, and 23. Okay. We do have two call-ons, though. Okay. Is one of those, one of those is not speaker 11, right?

[12:15:54] Yes, one of them is. One of them is. Okay. Can we do that one first? She is in the process of being connected, so if we could do the other one first. Okay. All right. So this will be speaker number 24, and do we have a name? Yes, Tom Rickert, speaking as an individual.

[12:16:10] Okay. Tom, can you hear me okay? Yes, sir. Welcome. The floor is yours. Thank you. Yeah, this is Tom Rickert. I'm the land use representative from Jefferson Manor in the Franconia District. The Franconia Land Use Committee has voted against developments on this site two out of three times in the last eight years.

[12:16:33] From my viewpoint as a member of the Franconia Land Use Committee, nothing has changed since the committee voted decisively last month not to approve this EYA development. The negative impact on Franconia community's existing traffic congestion, tools that are already at capacity, and the Huntley Meadows wetlands are of particular concern.

[12:16:59] The top plan reads, protect existing neighborhoods by ensuring that infill development is of compatible use and density and that adverse impacts on public facilities and transportation systems will not occur.

[12:17:16] Okay, the argument about matching the existing Kingstown density nearby is fallacious. The top golf site is not part of Kingstown. All of Kingstown is zoned R1 and planned for three to four units per acre.

[12:17:32] The same as the Topgolf development site. However, Kingstown was able to achieve clustered density primarily because of all the open space they were able to set aside. The Topgolf site does not have enough open space by a long shot to achieve EYA's proposed density.

[12:17:54] Even if Kingstown annexes the Topgolf site, they need to show the complete density to open space map to the public. For these reasons, the future integrity of the Comprehensive Plan and the future effectiveness of the Franconia Land Use Committee, I urge the Board of Supervisors not to approve the proposed development.

[12:18:16] This is really about the county's transportation plan. It's not kept up with the development plan, and traffic affects us all. Thank you. Thank you. And speaker number 25, do we have? The next speaker will be Joy Waller, who was number 11.

[12:18:35] Joy Waller, who is listed on our speaker list as speaker number 11, but we'll be testifying at this time by phone. Joy, can you hear me okay? Yes, hello. Welcome. The floor is yours. Thank you. Sorry, I had to go home and put children to bed. So this is Joy Waller, and I am speaking for the North Franconia Civic Association.

[12:18:56] Our homes are very close to Kingstown, and I note that only because I saw the Planning Commission comment from the YIMBY representative from Drainesville and the commenter tonight from Linconia, and they have absolutely every right to speak, but some of us commenting live very close and sit in traffic by this site every single day.

[12:19:17] That said, our association very much supports our friends and neighbors represented by the Kingstown Association, which makes this situation hard because our association has not supported this particular proposal. In the legal world, we have a saying that hard cases make bad law.

[12:19:38] And a hard case is one where there's a hardship upon a sympathetic plaintiff who is without remedy. In that situation, a judge is tempted to stretch or even disregard a principle of law at issue of sympathy to get what they feel is a more just result. The phrase hard cases make bad law means that an extreme or hard case is a poor substitute for a general law, which is a law that's meant to apply generally to the whole population. In the Topgolf case, we have all the necessary ingredients to illustrate why hard cases make bad law. First of all, we have the comprehensive plan,

[12:20:18] which, although it is not law, is supposed to guide development. It calls for a density of three to four dwelling units per acre for this site, but this proposal is up to 10 dwelling units per acre. The proposed developer can't lower the density due to the purchase price for the property combined with difficult site conditions like the topography, which is a bowl, and a condition of the former dumping grounds for a concrete company.

[12:20:44] EYA isn't a nonprofit, and we understand that. We have sympathetic plaintiffs who have experienced hardship. Those are the Kingstown residents who live next to this property and have frankly experienced some pretty miserable living conditions.

[12:21:00] particularly at the height of Topgolf's popularity. I've spent hours talking to Tim Nink and Mark Engelbaum and Michael Marsh, and Kingstown residents who live near that property have legitimate grievances. After Topgolf left, there was a period of time where the property was vacant and subject to rampant vandalism and lots of other unsavory behavior.

[12:21:20] We even have a difficult property owner who, by all accounts, is not particularly interested in working with anyone from the county to the community. There's also a general belief that he could inflict additional pain on the community if he chose by attempting to open several high-traffic restaurants on the property, which he could do by right.

[12:21:40] We have the current operator, Rudy's, which has a short-term lease and is viable, but there's no doubt it hasn't been as popular as when the facility was run by Topgolf. And if Rudy's did become as popular as Topgolf, the nearby residents might be just as miserable once again from all the same problems.

[12:21:58] We have a new developer, EYA, which has been much more accommodating with setbacks and quality exteriors to better blend with Kingstown with a plan to improve existing environmental conditions on the property. We have the closest association, Kingstown, who is in favor of this proposal due to the misery of the residents near the property.

[12:22:18] And we all recognize that the entire land use process in the county generally defers to the residents closest to a property, which in this case is Kingstown. And based on past history, this property will probably be annexed by Kingstown if built. And yet, the Land Use Committee, one of the main county-designed methods for citizens to provide input, has rejected this proposal, even though the committee almost always defers to the association closest to a property and therefore most affected, which is Kingstown.

[12:22:49] So other than traffic, why did the committee reject the proposal? In short, it's because hard cases make bad law. Ignoring the comprehensive plan undermines it and sets a terrible precedent. If we simply ignore the comp plan, what's the point of having one?

[12:23:06] If the comp plan says three to four dwelling units per acre, but we ignore it anyway, why stop at 10? Why not build 100 units per acre? If the citizen input and recommendation provided by the land use committee are simply ignored, then some would say, why bother having a land use committee?

[12:23:22] If a property has become a nuisance, the solution is to address the nuisance, not to ignore the comprehensive plan and change the use in our haste to solve a problem. We know that the gulf use has significant community support, as evidenced by the 750 people who signed the change.org petition, and we believe that there should be some sort of ways to keep the gulf use while ensuring that the neighbors aren't miserable.

[12:23:45] Regardless of your decision this evening, we will be constant advocates for our neighbors in Kingstown. We will expect accountability and assistance from the county, Meaning that we will expect the zoning administration to ensure that the property owner is keeping the property in compliance with all legal requirements at all times.

[12:24:02] And expect that the property will be well policed in the event that it becomes vacant again. People near the property like Mark and Tim should never have to be miserable again. In closing, we urge you to respect the decision of the Land Use Committee and reject this proposal because it is more than double the density of the comprehensive plan for this property.

[12:24:22] the event that you do override the land use committee's recommendation we ask that you recognize that this is a very unusual situation for all the reasons i mentioned and should not be taken as setting a precedent for disregarding the comprehensive plan and future matters thank you very much okay uh we are going to go back to speaker number 21 uh michael doyle who is now connected uh michael can you hear me yes can you hear me we can the floor is yours all right thank Thank you very much. My name is Mike Doyle. I'm the founder of the Northern Virginia Families for Safe Streets.

[12:24:58] We are a pedestrian-focused organization, all volunteer, about 1,500 members. We have chapters in Alexandria, Arlington, and, of course, Fairfax. And pedestrian safety in the state of Virginia is a challenge.

[12:25:18] And Fairfax County Health Department calls pedestrian safety isn't just a transportation problem, it's a public health problem. And compared to other injuries of humans, for instance, overdoses of opioids is number one per 100,000, 23 people per 100,000, firearms a second at 21, and pedestrian injuries is third at 20 out of 100,000.

[12:25:53] It's a problem. It's growing. In Fairfax County, the number of fatalities actually did drop from 32 in fatalities in 22 to only 10 in 23. But of course, if that was your family member, that's a tragedy and devastation. And the serious injuries actually went up. Pedestrian serious injuries went up in the county. So with respect to this project with 174 townhouses with

[12:26:31] some of which is affordable housing, it's obviously going to generate a need of transportation for the residents. We applaud this project because it puts in an infrastructure that helps on multimodal transportation. It has a 10-foot-wide pedestrian trail. It has a bus stop will be in the front, and it's walkable to the Kingstown Shopping Center. And by the way, we do think that the

[12:27:06] county should take a serious look at that intersection between Kingstown Village Parkway and Vendorn, where the people will be naturally walking. That's just an improvement. But overall, in our focus on pedestrian safety, we think that the design of this project can be used as a template because it does have multimodal, good, safe pathways and infrastructure for pedestrians, cyclists, and all vulnerable road users.

[12:27:40] We support it. Thank you. Thank you. We also have Speaker 23, Jane Kelly, who is connected. Ms. Kelly, the floor is yours. Okay.

[12:27:56] I want to bring up a name, Joe Alexander. He was the first lead district supervisor from 1963 to 1995. I'm going to read you something.

[12:28:13] This was, he passed away in September, I believe, of 2020. Fairfax County Board of Supervisors Chairman Jeff McKay praised Alexander saying, Nicknamed Pothole Joe, no level of constituent service was too small to rate a personal response.

[12:28:30] Over 32 years, with the help of scores of loyal citizen volunteers, Joe shepherded his district from unregulated gravel pits into the vibrant planned communities we know today, most notably Kingstown.

[12:28:46] He first brought unified water and sewer service, then sidewalks and streetlights to neighborhoods that lack the most basic services. The comprehensive plan is what we need to follow.

[12:29:07] And as Joy said, you know, if you're going to override the land use committee, voting it down twice, then, you know, it better be a pretty good clause that we're not going to do that very often. You know, the comprehensive plan is three to four dwelling units.

[12:29:28] So thanks for your time. Thank you. And we have two more speakers who have signed up. We'll be Speaker 26, Catherine Nerdy. I hope I'm reading that right on here. To be followed by Elaine Anderegg, who will be Speaker number 27.

[12:29:46] If Elaine is here, you will be next. Welcome. Hello again. Thank you. And you've definitely earned your money this evening. Morning. Day. So I just had some questions to clarify for this. Affordable housing units, it's been mentioned a couple times.

[12:30:04] Actually, at least more than a couple times. What is the number? 18, 20, 80? 18. 1-8. Okay. All right. Great. Just wanted to clarify that because somebody else said 80. And so is there a percentage set aside?

[12:30:23] you know we've talked about affordable housing set aside for first responders who work in fairfax um yeah actually uh miss nerdy this is not a back and forth this is us to receive your testimony so if you want to ask all your questions out there we'll try to get them answered in the rebuttal period absolutely thank you um everyone seems to be assuming people only use the bus or walk what about in the rain and snow and heat so we just can't assume that you know there will be less traffic congestion with these 174 units.

[12:30:58] So that needs to be clarified and considered. And how will you not overwhelm the schools? I didn't hear anything about, you know, infrastructure, you know, how that's going to be addressed. So thank you so very much for your time. Thank you very much. Our final speaker, Speaker 27, is Elaine Anderegg.

[12:31:18] I was signed up for this. As representing my HOA, I understand something didn't work. So it's going to be a little rough, but I'm going to attempt to keep within my three minutes. I am still Union Andregg, and I'm the representative of my HOA, as I said.

[12:31:35] I want to reiterate what we've heard in the last couple of speakers about the Land Use Committee and the fact that we did turn this down twice, but more importantly, I want to put into the record, is that on the last meeting, we followed that up with a recommendation to this board that the comprehensive plan delineating these parcels at three to four dwelling units be maintained. And that was an almost two to one support. It was, let me get the numbers for you, 15 yes, eight no, and three abstentions went with that recommendation that came to this board.

[12:32:14] Okay, I'm a relatively new member of the committee. And I just want to point out that since I've joined this committee, it's been maybe a year and a half, maybe two years, We have seen, and this is to address the issue where people keep talking about not wanting growth and not wanting to put units in and not wanting to support housing, but 150 unit senior living complex has been put in on Van Dorn, and there's 166 unit continuing care being built as we speak on Telegraph.

[12:32:43] This committee, the Land Use Committee, has approved 136 new housing units in the district, including one on van dorn and one nearby on beulah street additionally 400 a 460 unit apartment complex and 140 room hotel have been moved forward for construction in the town center springfield town center and let me remind you there are 970 units approved in kingstown this was never even brought up as these 174 homes project was presented on top of this

[12:33:22] There are 2,438 residences and hotel rooms approved for the Springfield Town Center just waiting to be constructed. These are already approved. These are done deals, we have been told.

[12:33:39] Add to this now another 2,100 units in our local area are on the plate with the SSPAs that Supervisor Lust talked about. And this ignores the Tier 2 and 3 projects on the county's list, which could add 800-plus more when they come before the committee.

[12:33:59] Okay, why did the committee not like this? Part of it has to do with the roads we've talked about. And, for instance, there is an interchange at Van Dorn and Franconia Road that remains unfunded on the transportation listing, as do other road improvements.

[12:34:14] We're asked to approve these projects one by one and not look at the comprehensive which you've heard now from several people we need to take a look at and I will say that Supervisor Lusk has committed to do that. We've raised concerns about the school board and I know that the developer mentioned that there were monies to be paid but that development when it goes in there's no guarantee that those funds will actually make it to the schools affected.

[12:34:43] That money goes to the school board to use as they see fit and it's a one time only payment. We've raised concerns about water, electrical, sewer loads, and parking required, and we're told it's all covered in the proffers. Something as simple as more guest parking spots we know will be needed for holidays and parties are dismissed.

[12:35:04] At times, we have been told the county staff won't allow more spaces. So altogether, there are some 7,640 units approved or proposed that have come before this committee. And lest you say I exaggerate because not all the units will happen, well, we are asking right now that some of those units don't happen.

[12:35:27] It remains to be seen whether you listen to your citizens or not and whether all these units will be built or not. I ask you to give weight to the recommendation that the Land Use Committee has sent to this board. Thank you. Thank you. And that completes our speakers who have signed up in advance to testify.

[12:35:46] Let me make sure that there's nobody else on the line that I'm missing. Nobody else is on the line. Closing comments and a recommendation from county staff. On September 27, 2023, the Planning Commission recommended adoption of a plan amendment for an option for residential use up to 10 dwelling units per acre, inclusive of affordable housing bonus densities, with consolidation of the two parcels.

[12:36:12] Additional plan recommendations include a publicly accessible community park, pedestrian and bicycle connections, mitigation of transportation impacts, buffering and tree preservation, and stormwater management. Thank you, Mr. Chairman. Thank you very much. Questions from board members?

[12:36:28] Any questions from board members? Supervisor Lusk. Thank you, Mr. Chairman. And if it's okay, Tom Burke, if you can help me with this. This issue about traffic and infrastructure is one that we've heard a lot this evening on both applications.

[12:36:46] And I know we've been talking about how best to address that, particularly in the SSPA process. So I wanted to maybe give you a minute here to talk about some of the things we're thinking about and how we might structure a couple of the reviews through the sspa process to help capture some of the information about traffic flows and and possible areas for improvement and then funding if you could take a minute and talk about that i'm sure tom burke senior transportation planner with the department of transportation uh there are a number of uh plan amendments sspas in

[12:37:25] the in the area that are um on our radar on the horizon and we have started to think about how to handle those and how to review them and assess impacts uh we are definitely looking to do cumulative analyses meaning we're not going to look at every every case piecemeal we're going to look at logical groupings for example there's a there's a couple uh nominations on the west side of west side of 95 in the CBC on Springfield Boulevard and Amherst Avenue. We're going to look at those together with the new commuter garage and the Inova site on Springfield Center Boulevard, as well as

[12:38:05] Brandon Avenue and Villa Park. There's a lot of sites on that side that we're going to look at cumulatively. Then getting a little bit closer to Topgolf, we have the Franconia Triangle, which is the site on Beulah, as well as the site that was potentially discussed earlier at the Franconia Governmental Center. We would look at those together along with the impacts from Topgolf, Frontier Drive. I'm sorry, there was a Frontier Drive SSPA that would be looked at as part of both Springfield Boulevard and Franconia Triangle. So we're definitely trying to logically group these plan amendments together so that we can look at the impacts cumulatively.

[12:38:44] And it's also important, in addition to traffic, we want to make sure that we're addressing the multimodal side of things as well to make sure that there's adequate bicycle and pedestrian facilities serving these areas and not just the sites, but more broad areas. We want to make sure that new residents are able to get to area attractions, get to metro and bus routes and things.

[12:39:07] And then in addition to that level of analysis, we are also pending funding availability. We are gearing up to do an area-wide study of the CBC and the TSA, sorry for the acronyms, the Community Business Center and the Transit Station area.

[12:39:28] And we're also requesting funds to do a corridor study for the South Van Doren Corridor from the Beltway down to Telegraph. we definitely have heard loud and clear that there's a lot of issues you know we've we've worked with the community with some nominations up on oakwood road that loud and clear south van dorn was an issue top golf it's become an issue it's been known as an issue so we want to be able to study the corridor and come up with a multimodal solution to the the traffic congestion in the south van dorn corridor as well as the broader area a little bit further to the west

[12:40:05] Okay. No, I think that's important and that's helpful. So we'll be able to start to look at some of these cumulative impacts, as you've talked about, and have some traffic analysis that we can share with the community prior to their making their decisions, particularly at the Land Use Committee or any of the other meetings that we have scheduled.

[12:40:26] Absolutely. We've heard that loud and clear, and we're trying to schedule things so that we can come back to the Land Use Committee with results to share. I appreciate that very much. And then the last point I'll make is we heard several people talk about the plan language.

[12:40:41] And I know as a former planning commissioner, the plan is sacred. But there are times when we do need to amend the plan to allow us to do something strategic in the community.

[12:40:57] And we've done this many times. And I think about the Springfield Town Center. I worked on that with Supervisor McKay and Dana Kaufman, and to be able to make the revisions to allow for that new town center concept has been pretty important.

[12:41:15] The same with the EMBARC plan, the same with the BRAC, the Base Relocation Enclosure Plan. These led to physical community improvements that we would not have otherwise gotten. So I think there is a need to consider that at certain times.

[12:41:33] And then last, I'll say I want to acknowledge to the applicant in this particular proposal for the transportation analysis that they did as it related to pulling in the Kingstown M, N, and O parcels because that isn't what's normally done.

[12:41:58] That was a little extension of their work, and it allowed us to understand what the cumulative impacts would be if those projects were to come online in addition to the Topgolf site. So I just want to acknowledge that the applicant did that for this particular plan amendment as well.

[12:42:18] So with that, I'll conclude my questions. Thank you, Mr. Chairman. Thank you very much. Other questions from board members? Seeing and hearing none, I will close the public hearing and I will recognize Supervisor Lusk for a motion.

[12:42:36] Okay, Mr. Chairman, I'm going to truncate my motion in the interest of time. So with that, Mr. Chairman, EYA, the current applicant and contract purchaser of the Topgolf property, has been working diligently with the community over the last year to develop a redevelopment proposal that is sensitive to the surrounding neighborhoods, provides a publicly accessible community park and other open spaces, and provides a pedestrian and bicycle-friendly design that generates fewer vehicle trips than both previous redevelopment proposals and the existing uses that are entitled on the site.

[12:43:15] While there are differences of opinion about the proposed plan change in the Franconia community, most of the comments that we've received, both here in this meeting and also in letter format from those who live close to the site are largely positive.

[12:43:33] This plan amendment has the support of the staff, the Planning Commission, the Kingstown Residential Owners Corporation, the Friends of Huntley Meadows, the Friends of Kingstown Lake. I think the proposed plan provides significant opportunities to provide a new future for this site that would integrate well with both the surrounding residential communities and the kingstown area more generally therefore mr chairman i move the board of supervisors adopt the planning commission recommendation for plan amendment 2015 dash roman numeral 4 dash rh1

[12:44:09] as shown in the board item so moved uh you've heard the motion uh the chair will second that motion discussion on the motion any discussion on the motion um let me just uh briefly say that you know it's it's never a happy day when the land use committee and the the local community surrounding this property have have a difference of opinion and and that has only happened very very rarely and having known and worked in this district for a long time the land use committee recommendation is typically what what is followed but as supervisor lusk outlines there are times

[12:44:47] when there are more strategic things that have to be addressed. And I can't help but sit here and go back in history a little bit further than anyone who testified here because I was around in the supervisor's office when Presswick was replanned.

[12:45:04] We heard from a lot of people in Presswick. Presswick was a high-rise tower of residential development in the original Kingstown plan, The largest, tallest building to be built in Kingstown, a tower that was replanned to single-family detached neighborhood that is now Prestwick.

[12:45:27] So there are times when amending the comprehensive plan is important, and there are times when there are significant downzonings and downplannings that happened in Kingstown. And at the time, there was a hunger for single-family detached homes in Kingstown.

[12:45:43] And the Crock Board of Trustees work very closely with the supervisor's office to significantly downplan that property to the community that it is today. And so we do need to be careful when historians talk about a plan change must necessarily be a negative thing or a plan change must necessarily add density because there are times that doesn't happen.

[12:46:05] So, yes, the comprehensive plan is sacred. Yes, it is a living document. Yes, it needs to be amended to fit what fits into the community at the time as best we possibly can. I am supporting this because I've seen more plans than I can count to redevelop this property, and I have never seen one as good as the one that is presented here today.

[12:46:29] And there was quite a bit of resistance. When I was supervisor, we turned people away left and right that had plans that did not meet what the criteria of the community around there supported, didn't fit into the site. And, you know, as many other speakers have said, and I just want to reiterate, this is not a question of Rudy's and Topgolf versus this development. It has been very clear that the property owner will not continue their lease with Rudy's. It has been very clear.

[12:46:58] And so we have an obligation to approve what we think will best fit in with the community. We'll respect the community around there and respect the wishes that are beyond our control of this property owner who will discontinue that use and that has been put in writing and so that's not something that this this board can control and so i do think it's the best plan we've seen in decades and i think is far more compatible with the neighborhood around there and that is overwhelmingly what we heard in the testimony here tonight and this morning so for those reasons i will support the motion if there's no further discussion all those in favor of the motion

[12:47:35] please say aye. Aye. Any opposed? Any abstentions? That motion carries. Supervisor Lusk. Thank you, Mr. Chairman. I just want to thank the staff who worked so diligently on this application and appreciate all of the heavy lifting. I know we had a lot of community meetings, so Aaron Kleibanner, thank you. Graham Owen, Tom Burke, really appreciate what you've done here.

[12:48:00] And then in the back, Evan Goldman, I can barely see you back there. But I just want to say how much I appreciate it, having the opportunity to work with you and to see how committed you are to engage in the community and making sure the commitments you make, you follow through on them.

[12:48:20] And I appreciate having had the opportunity. And then also, I will not forget you, Mark Looney. Thank you as well for your service representing the applicant here as well. Thank you, Mr. Chairman. And of course, we once again thank the community for testifying and improving this process as we went along.

[12:48:39] And most importantly, for those for hanging out with us tonight into the wee hours of the morning. But as we heard from several people who testified, because we allow remote testimony, phone testimony, We literally heard from somebody tonight who was overseas, and we literally heard from parents who had to go home and put their kids to bed, but still had an opportunity to participate and to testify to their local government.

[12:49:04] And so it was a long night, but we wanted to make sure we heard from everyone. So thank you all. And with that, our board meeting of January 23rd slash 24th is adjourned.

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