minutes of fairfax county planning commission … · phillip dales, applicant's agent, walsh,...

MINUTES OF FAIRFAX COUNTY PLANNING COMMISSION

WEDNESDAY, MARCH 20, 2019

PRESENT: Peter F. Murphy, Chairman, Springfield District

James R. Hart, Commissioner At-Large

James T. Migliaccio, Lee District

Ellen J. Hurley, Braddock District

John C. Ulfelder, Dranesville District

John A. Carter, Hunter Mill District

Walter C. Clarke, Mount Vernon District

Phillip A. Niedzielski-Eichner, Providence District

Donte Tanner, Sully District

Mary D. Cortina, Commissioner At-Large

ABSENT: Timothy J. Sargeant, Commissioner At-Large

Julie M. Strandlie, Mason District

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The meeting was called to order at 7:36 p.m., by Chairman Peter F. Murphy, in the Board Auditorium of the Fairfax County Government Center, 12000 Government Center Parkway, Fairfax, Virginia 22035.

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COMMISSION MATTERS

Chairman Murphy announced that there would be a Capital Improvement Program (CIP) Committee meeting on March 21, 2019, at 7:30 p.m. and noted that the meeting was open to the public.

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Chairman Murphy recognized Boy Scouts Troop 1115 in attendance at the meeting.

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Commissioner Hart announced that the Environment Committee's next meeting was scheduled for March 21, 2019, at 7:30 p.m. and would be open to the public.

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SEA 88-D-008 VIRGINIA ELECTRIC & POWER COMPANY, D/B/A DOMINIION ENERGY VIRGINIA (Decision Only)

(The public hearing on this application was held on February 27, 2019.)

(Start Verbatim Transcript)

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COMMISSION MATTERS March 20, 2019

Commissioner Niedzielski-Eichner: Thank you, Mr. Chairman. We have for decision only

tonight the Dominion Power Station in Tyson's and we're still working through some of the

conditions. So, if you'll bear with me, I'm going to defer action on this to April P I, 2019. So, let

me read this motion, I MOVE THAT THE PLANNING COMMISSION DEFER THE

DECISION ONLY FOR APPLICATION 2232-P18-20 AND SEA 88-D-008 TO A DATE

CERTAIN OF APRIL 3RD, 2019, WITH THE RECORD REMAINING OPEN FOR WRITTEN

OR ELECTRONIC COMMENTS.

Commissioners Hart and Tanner: Second.

Chairman Murphy: Seconded Mr. Hart and Mr. Tanner. Is there a discussion of the motion? All

those in favor of the motion to defer decision only again on SEA 88-D-008 and 2232-P18-20,

that's the Virginia Electric Power Company, d/b/a Dominion Energy application, to a date certain

of April 3rd, with the record remaining open for comments, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed? Motion carries.

The motion carried by a vote of 10-0. Commissioners Sargeant and Strandlie were absent.

(End Verbatim Transcript)

ORDER OF THE AGENDA

Secretary Migliaccio established the following order of the agenda:

1. 2232-P18-21 — TYSONS EAST FIRE STATION

2. SE 2018-MV-021 — STARBUCKS COFFEE COMPANY

3. SE 2018-LE-019 — NPC QUALITY BURGERS, INC

4. ZONING ORDINANCE AMENDMENT — WIRELESS

TELECOMMUNICATIONS INFRASTRUCTURE

5. PA 2019-CW-1CP — COMPREHENSIVE PLAN AMENDMENT (MOBILE AND

LAND BASED TELECOMMUNICATIONS)

The order was accepted without objection.

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2232-P18-21 TYSON'S EAST FIRE STATION — Notice is hereby

given that the Fairfax County Planning Commission will hold a

PUBLIC HEARING under provisions of Va. Code Secs. 15.2-2204

and 15.2-2232, as amended, on Wednesday, March 20, 2019, 7:30

P.M., in the Board Auditorium of the Fairfax County Government

Center Building, 12000 Government Center Pkwy., Fairfax, Va., on

Application 2232-P18-21 to consider the proposal by Fairfax

County Department of Public Works and Environmental Services

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2232-P18-21 —TYSON'S EAST FIRE STATION March 20, 2019

to develop the Tysons East Fire Station # 44 located at 1766 Old Meadow Lane, Tysons, VA 22151. Tax Map: 29-4 ((6)) 96A.

Providence District. Area II. Copies of the application and a more specific description of the facility may be obtained from the Dept. of Planning and Zoning, 7th fl., Herrity Building, 12055 Government Center Pkwy., Fairfax, VA 22035. PROVIDENCE

DISTRICT. PUBLIC HEARING.

David Stinson, Planning Division, Department of Planning and Zoning, presented the staff report, a copy of which is in the date file. He noted that staff concluded that the application was substantially in accord with the provisions of the Comprehensive Plan.

There were no disclosures by Commission members.

There was a discussion between Mr. Stinson; Chuck Ryan, Fairfax County Fire and Rescue Department; and Commissioner Ulfelder to clarify how to access the site through ongoing construction.

The discussion resulted in no changes.

Chairman Murphy called for speakers from the audience, but received no response; therefore, he noted that closing remarks were not necessary. There were no further comments or questions from the Commission; therefore, Chairman Murphy closed the public hearing and recognized Commissioner Niedzielski-Eichner for action on this case.


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Commissioner Niedzielski-Eichner: Thank you, Mr. Chairman. This will be a welcome addition to serving the Tyson's Urban Center. And, as we just heard, it will be also a welcome addition to increase the response time and support to the area neighborhoods. So, all in all, it's a great thing. I'm happy to support this. I concur with staff's conclusion of the proposal by the Fairfax County Department of Public Works and Environmental Services to construct the Tyson's East Fire Station at 1766 Old Meadow Lane, Tysons, Virginia, satisfies the criteria of location, character, and extent, as specified in Virginia Code Section 15.2-2232, as amended. Therefore Mr. Chairman, I MOVE THAT THE PLANNING COMMISSION FIND THE SUBJECT APPLICATION 2232-P18-21, SUBSTANTIALLY IN ACCORD WITH PROVISIONS OF THE ADOPTED COMPREHENSIVE PLAN.

Commissioner Tanner: Second.

Chairman Murphy: Second Mr. Tanner. Is there a discussion of the motion? All those in favor of the motion to recommend to the Board of Supervisors that it adopt 2232-P18-21, Tysons East Fire Station, say aye.

Commissioners: Aye.

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2232-P18-21 —TYSON'S EAST FIRE STATION March 20, 2019

Chairman Murphy: Opposed? Motion carries. Thank you very much.

The motion carried by a vote of 10-0. Commissioners Sargeant and Strandlie were absent.


II

SE 2018-MV-021 - STARBUCKS COFFEE COMPANY — Appl. under

Sects. 4-604 and 9-505 of the Zoning Ordinance to permit a restaurant

with drive-through. Located at 8098 Rolling Rd., Springfield, 22153 on

approx. 11.32 ac. of land zoned C-6. Tax Map 98-2 ((1)) 13B. MOUNT

VERNON DISTRICT. PUBLIC HEARING.

Ross Stevens, Applicant's Agent, Kimley-Horn and Associates, Inc, reaffirmed the affidavit

dated November 14, 2018.


Harold Ellis, Department of Planning and Zoning, presented the staff report, a copy of which is

in the date file. He noted that staff recommended approval of SE 2018-MV-021.

There was a discussion between Mr. Creed; William Capers, Fairfax County Department of

Transportation; and multiple Commissioners on the following issues:

• To verify the results of the queueing analysis performed on the site; and

• To verify that another analysis would be conducted after the business was in operation.


There was a discussion between Mr. Stevens; Josh Siegal, Real Estate Manager, Starbucks; and

Commissioner Clarke on the following issues:

• To clarify the prediction of traffic impact on Rolling Road;

• To clarify the placement of landscaping and dumpsters; and

• To clarify the possible activities that may occur before 8 a.m., such as trash pickup, food

deliveries, and staff setting up for the day.


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

Amy Moxley, 7820 Lake Pleasant Drive, Springfield, spoke in opposition to the subject

application because the impact that traffic generated from the business would have on the Lake

Pleasant neighborhood.

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SE 2018-MV-021 — STARBUCKS COFFEE COMPANDY March 20, 2019

Chairman Murphy called for speakers from the audience.

Colleen Sherren, 8072 Dulciana Court, Springfield, spoke in opposition to the subject application because the impact that traffic generated from the business would have Edinburgh Drive.

There being no more speakers, Chairman Murphy called for a rebuttal statement from Mr. Stevens, who had none. There were no further comments or questions from the Commission; therefore, Chairman Murphy closed the public hearing and recognized Commissioner Clarke for action on this case.


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Commissioner Clarke: Thank you, Mr. Chairman. I'd like to thank Harold Ellis and Traci. Thank you very much for all your hard work and Harold, I appreciate you answering questions and taking my calls. It was — a very good job, and thank FCDOT and Will, thank you, and Greg — appreciate it. Starbucks, we appreciate you all being out tonight as well and having a second go at it. So, you had a lot of great information. You've heard some great conversation here. Ms. Moxley, thank you very much for coming out. We appreciate your comments. And with that, Mr. Chairman, I would like to move a motion to defer. And I MOVE THAT THE PLANNING COMMISSION DEFER THE DECISION ONLY FOR SE 2018-MV-021, TO THE DATE CERTAIN OF MARCH 27TH, 2019, WITH THE RECORD REMAINING OPEN FOR COMMENT.

Commissioner Cortina: Second.

Chairman Murphy: Seconded Ms. Cortina. Is there a discussion of the motion? All those in favor of the motion to defer decision only on SE 2018-MV-021, to a date certain of March 27th, with the record remaining open for written comment, say aye.

Commissioners: Aye.


The motion carried by a vote of 10-0. Commissioners Sargeant and Strandlie were absent from the meeting.


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SE 2018-LE-019 NPC QUALITY BURGERS, INC. — Appl. under Sects. 4-604, 7-607, 7-608, 9-501, 9-503, 9-505, 9-610, 9-611, 9-622 and 13-203 of the Zoning Ordinance to permit a restaurant with drive-through in a highway corridor, overlay district,

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SE 2018-LE-019 NPC QUALITY BURGERS, INC. March 20, 2019

commercial revitalization district and waiver of minimum lot size

requirements. Located at 6700 Richmond Hwy., Alexandria,

22306 on approx. 21,729 sq. ft. of land zoned C-6, CRA and HC.

Tax Map 93-1 al )) IA (pt.). LEE DISTRICT. PUBLIC

HEARING.

Phillip Dales, Applicant's Agent, Walsh, Colucci, Lubeley & Walsh, P.C, reaffirmed the affidavit

dated February 6, 2019.

Commissioner Hart disclosed that his law firm, Hart & Horan, PC, had a pending case with Mr.

Dale's law firm in which there were attorneys representing an adverse party, but indicated that it

would not affect his ability to participate in this case.

Wanda Suder, Zoning Evaluation Division, Department of Planning and Zoning, presented the

staff report, a copy of which is in the date file. She noted that use was discouraged by the

Embark Richmond Highway Plan (EMBARK), but staff had included a development condition

to make the use consistent with expected potential redevelopment horizon, as defined by

EMBARK. Staff recommended approval of application SE 2018-LE-019.

There was a discussion between Ms. Suder; and multiple Commissioners on the following issues:

• To clarify Development Conditions 16 and 17; and

• To clarify the use of language "shall" versus "must".


Mr. Dales gave a presentation on the subject application.

There was a discussion between Mr. Dales and Commissioner Migliaccio on the usage of the

terms "shall" and "must."

The discussion resulted in the applicant's agreement to the language change of "shall" to "must"

in Development Condition Number 16.

Chairman Murphy called for speakers from the audience, but received no response; therefore, a

rebuttal statement was not necessary. There were no further comments or questions from the

Commission and staff had no closing remarks; therefore, Chairman Murphy closed the public

hearing and recognized Commissioner Migliaccio for action on this item.


II

Commissioner Migliaccio: Thank you, Mr. Chairman. This is a fairly simple application for a

drive-through Wendy's at the Beacon Center. It is, as you heard this evening, replacing a closed

Wendy's that was on the Mount Vernon side of Richmond Highway at the Novus site. It has the

approval of the Lee District Land Use Committee, our professional planning staff, SFDC, and

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SE 2018-LE-019 — NPC QUALITY BURGERS, INC. March 20, 2019

the Mount Vernon Lee Chamber have also chimed in, in favor of this. Therefore, Mr. Chairman, I request that the applicant please confirm for the record your agreement to the proposed development conditions dated March 20th, 2019, with the correction on number sixteen for "shall" to "must" where appropriate.

Phillip Dales, Walsh, Colucci, Lubeley & Walsh, P.C: The applicant agrees to the conditions, as corrected.

Commissioner Migliaccio: Thank you. Mr. Chairman, I MOVE THAT THE PLANNING COMMISSION RECOMMEND TO THE BOARD OF SUPERVISORS APPROVAL OF SE 2018-LE-019, SUBJECT TO THE DEVELOPMENT CONDITIONS DATED MARCH 20TH, 2019, AS CORRECTED IN NUMBER SIXTEEN.

Commissioner Hart: Second.

Chairman Murphy: Seconded Mr. Hart. Is there a discussion of the motion? All of those in favor of the motion to recommend to the Board of Supervisors that it approve SE 2018-LE-019, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed? Motion carries. Thank you very much.

Commissioner Migliaccio: Just another. Just a couple of modifications and waivers.

Chairman Murphy: Sony.

Commissioner Migliaccio: I ALSO MOVE THAT THE PLANNING COMMISSION RECOMMEND TO THE BOARD OF SUPERVISORS THE APPROVAL OF THE TWO MODIFICATIONS AND ONE WAIVER FOUND IN THE STAFF REPORT DATED MARCH 5TH, 2019.


Chairman Murphy: Seconded by Mr. Hart. Discussion. All those of that motion, say aye.

Commissioners: Aye.


Each motion carried by a vote of 10-0. Commissioners Sargeant and Strandlie were absent.


/1

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ZONING ORDINANCE AMENDMENT — WIRELESS March 20, 2019

TELECOMMUNICATIONS INFRASTRUCTURE/PA 2019-CW-1CP

COMPREHENSIVE PLAN AMENDMENT (MOBILE AND LAND BASED

TELECOMMUNICATIONS POLICY PLAN GUIDELINES AND OBJECTIVES

ZONING ORDINANCE AMENDMENT — WIRELESS

TELECOMMUNICATIONS INFRASTRUCTURE.

COUNTYWIDE. PUBLIC HEARING.

PA 2019-CW-1CP — COMPREHENSIVE PLAN AMENDMENT

(MOBILE AND LAND BASED TELECOMMUNICATIONS

POLICY PLAN GUIDELINES AND OBJECTIVES) — This

amendment is to consider changes to the Public Facilities section

of the Policy Plan Element of the Comprehensive Plan in response

to legislation adopted by the 2018 Virginia General Assembly on

wireless telecommunications infrastructure and the September 26,

2018, Declaratory Ruling and Order adopted by the Federal

Communications Commission (FCC). Changes to the Mobile and

Land-Based Telecommunications Services Guidelines may include

removing language that is outdated or pre-empted by new Federal

and State legislation, adding or updating existing language

regarding design and/or location of wireless facilities, and

expanding types of wireless facilities to be considered an

Administrative Review "feature shown" of the Comprehensive

Plan subject to new guidelines. COUNTYWIDE. PUBLIC

HEARING.


Michelle Stahlhut, Planning Division, Department of Planning and Zoning, and Lorrie Kirst,

Zoning Administration Division, Department of Planning and Zoning, presented the staff report,

a copy of which is in the date file. She noted that staff recommended adoption of Comprehensive

Plan Amendment PA 2019-CW-1CP and the Zoning Ordinance Amendment regarding Wireless

Telecommunications Infrastructure.

There was a discussion between Ms. Stahlhut; Ms. Kirst; and multiple Commissioners on the

following issues:

• To verify any limitations on the poles and their appearance;

• To verify how covenants might be impacted by the poles;

• To verify if the poles could be located underground;

• To verify if the poles would affect areas from becoming listed as historic sites; and

• To verify the size of the equipment;


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

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ZONING ORDINANCE AMENDMENT — WIRELESS March 20, 2019 TELECOMMUNICATIONS INFRASTRUCTURE/PA 2019-CW-1CP COMPREHENSIVE PLAN AMENDMENT (MOBILE AND LAND BASED TELECOMMUNICATIONS POLICY PLAN GUIDELINES AND OBJECTIVES

Frank Stearns, representing T-Mobile, 201 Liberty Street, Leesburg, Virginia, spoke in support to the subject applications and was in agreement with the staff recommendation outlined in the staff report.

There were no more speakers and staff had no colosing remarks. There were no further comments or questions from the Commission; therefore, Chairman Murphy closed the public hearing and recognized Commissioner Cortina for action on these cases.


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Commissioner Cortina: Thank you.

Chairman Murphy: I got carried away there.

Commissioner Cortina: They've listened to the comments from the community — what few that we did have, frankly — and to industry and tried to be responsive. And I do want to say that I was pleased with industry attending the committee meetings that were open to the public. And they've been very helpful, actually. I mean they have an interest in this, which we understand. But I have not found them to be reticent about sharing their plans necessarily. It's hard to share a specific plan because there are obstacles in the transmissions and so where particular holes might go, relative to trees, which we have a lot of, and other structures, is more challenging. Having an overall idea of where the network is going to deploy, I think they already indicated that that would be in highly dense areas. They've also indicated that Northern Virginia is definitely a target for — for this network. So, I would agree with the Chairman that, you know, this is coming and that the standards that we have to apply are the aesthetic standards. And those, we have to make a decision on by April 15th. The Board of Supervisors — there won't be any going back later. That's what everyone just needs to understand because the industry needs direction. They want the guidance. They want to be able to work with the community and have some good outlines. They can't buy, you know, 100 or 200 hundred poles and then find out that we, down the road a year, that we don't like this particular pole color. It's so, the decisions have to be made and so we — we're going to defer. And I just want to say one other thing here, about the — oh — the so, the bottom line on working with industry, I haven't found them to be unwilling to do that and there's no reason why in our telecommunication committee meetings we couldn't ask some of these questions like we do for the other utilities — what their plans are, their coverage, things like that, that are outside of the approval process but are information for our community. But in order to consider the remarks from the public hearing this evening on this important matter we are, I WOULD LIKE THE MOVE THAT THE PLANNING COMMISSION DEFER DECISION ON PLAN AMENDMENT 2019-CW-1CP TO UPDATE THE MOBILE AND LAND BASED TELECOMMUNICATION POLICY PLAN GUIDELINES AND OBJECTIVES TO A DATE CERTAIN OF APRIL 3, 2019, WITH THE RECORD REMAINING OPEN FOR WRITTEN COMMENTS.

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Commissioner Ulfelder: Second.

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

favor of the motion to defer the decision on these items, PA 2019-CW-1CP and the proposed

Zoning Ordinance Amendment dealing with wireless telecommunications structures to a date

certain of April 31d with the record remaining open for comment. All in favor, say aye.

Commissioners: Aye.


Commissioner Cortina: Mr. Chairman, I'D ALSO LIKE TO MOVE THAT THE PLANNING

COMMISSION DEFER DECISION ON THE PROPOSED ZONING ORDINANCE

AMENDMENT TITLED ZONING FOR WIRELESS TELECOMMUNICATIONS TO A DATE

CERTAIN OF APRIL 3RD, 2019, WITH THE RECORD REMAINING OPEN FOR WRITTEN

COMMENTS.


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

of that motion, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed? Motion carries. Mr. Ulfelder.

Commissioner Ulfelder: Thank you Mr. Chairman. I had something I want to put forward, a

motion to follow on with the deferral. Its - as a result of the letter we received today, March 20th,

from the Great Falls Citizens Association. And while the issues that their letter raises are outside

the scope of the ad for this public hearing, therefore not for us to decide, I would like the Board

of Supervisors to have the opportunity consider expanding ARB review in certain circumstances.

Therefore, I MOVE TO DIRECT STAFF TO INCLUDE IN THE ADVERTISEMENT FOR

THE BOARD OF SUPERVISORS PUBLIC HEARING, IF POSSIBLE, ARB REVIEW OF

NEW 50 FOOT OR SMALLER STRUCTURES ON HISTORIC ROADWAYS AND

HISTORIC PROPERTIES THAT ARE NOT ALREADY LOCATED IN A HISTORIC

DISTRICT.


Chairman Murphy: Seconded Mr. Hart. Discussion?

Commissioner Ulfelder: I just - it's - this is just to open the door for that, for staff to take a look

at that as mentioned earlier, there's a basic issue here which is, is it even legal under the current

Virginia Code. And, second of all, does it make any kind of sense and how would you properly

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define what are historic properties and historic roadways for the purpose of that kind of review.

But I felt that in - because of the historic nature of Georgetown Pike and many of the properties

out in that part of the county, I thought it would be an opportunity to at least look at that

possibility based on the fact that the current ad doesn't allow it.

Chairman Murphy: Okay. Ms. Cortina.

Commissioner Cortina: Just like to ask staff, do we have time to advertise that?

Lorrie Kirst, Assistant Director, Department of Planning and Zoning: For the Board public

hearing, yes.

Commissioner Cortina: But not for this? Okay.

Chairman Murphy: That's April 9th right.

Lorrie Kirst: Correct.

Chairman Murphy: Okay.

Okay. Thank you.

Chairman Murphy: All those in favor of the motion, say aye.

Commissioners: Aye.



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CLOSING March 20, 2019

The meeting was adjourned at 10:57 p.m.

Peter F. Murphy, Chairman

James T. Migliaccio, Secretary

Audio and video recordings of this meeting are available at the Planning Commission Office,

12000 Government Center Parkway, Suite 552, Fairfax, VA 22035.

Minutes by: Keisha Strand

Approved on: October 24, 2019

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minutes of fairfax county planning commission … · phillip dales, applicant's agent, walsh,...

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