A day after neighboring Arlington County made waves by ending single-family exclusive zoning, Fairfax County saw its own zoning reforms reversed two years after they were approved.
The Virginia Supreme Court declared the county’s Zoning Ordinance Modification Project (zMOD) void yesterday (Thursday) because the new code was adopted at a mostly virtual meeting — a ruling could have consequences for other actions taken during the first years of the pandemic, as noted by Inside NoVA, which first reported the decision.
The county is now operating under its previous zoning ordinance, which had been in place since 1978, according to the zoning administration division’s website.
“We are currently evaluating the Virginia Supreme Court decision and considering our options,” Tony Castrilli, the county’s director of public affairs, said. “In the meantime, the 1978 Zoning Ordinance is presently in effect and available for reference on the County website.”
In a 29-page opinion, Justice Wesley Russell sided with four residents who argued that the Fairfax County Board of Supervisors violated the Virginia Freedom of Information Act’s open meeting requirements by not holding an in-person public hearing or vote.
The county contended that an ordinance adopted on April 14, 2020 gave it the flexibility to hold public meetings on the zoning update and other subjects electronically during the Covid state of emergency.
The Supreme Court disagreed that the ordinance allowed the county government to conduct all regular business electronically, finding that the zoning update doesn’t qualify as “necessary to ensure the continuation of essential functions and services.”
“The modification of a 40-year-old zoning ordinance after a five-year revision process does not satisfy this standard,” Russell wrote. “It is not a time-sensitive matter, and its adoption is not and was not necessary to allow the County to continue operations.”
The residents behind the lawsuit — David Berry, Carol Hawn, Helen Webb and Adrienne Whyte — filed a complaint in Fairfax County Circuit Court on March 5, 2021 seeking to prevent the board from adopting zMOD at a public hearing on March 9, 2021.
The circuit court denied the request and ultimately dismissed the complaint on Sept. 9, 2021, stating that it had been rendered moot by the adoption of zMOD on March 23, 2021 and that the county board’s emergency powers gave it the authority to act at an electronic meeting.
According to Russell’s opinion, the circuit court found that zoning “is inherently an essential act of local government” that’s especially “critical…in the context of a national emergency and state emergency because civility between neighbors is the foundation of domestic tranquility.”
In overruling the lower court, Russell pointed to the five years spent on the zoning code update, which began in 2016, and the fact that the previous ordinance had been in place for 40 years as evidence that its passage wasn’t time-sensitive and, therefore, not “essential”:
Everything about the history of Z-Mod suggests that the adoption of Z-Mod could have waited days, weeks, or months without throwing the County’s operations into even minor distress let alone chaos. Simply put, the consideration and adoption of Z-Mod was not time-sensitive, and thus, acting on it in March 2021 was neither essential nor necessary to allow for the continued operations of Fairfax County government.
The court acknowledged that Virginia adopted a new law more broadly allowing virtual public meetings during states of emergency, but that didn’t take effect until Sept. 1, 2022. The opinion doesn’t comment on the substance of the zoning changes.
Publicly launched in 2017, zMOD was intended to simplify and improve the accessibility of the existing code, which topped 1,000 pages in length.
The county also sought to update the document to better reflect modern trends in land use and development, introducing new categories like solar power facilities that didn’t exist in the 1970s and eliminating ones no longer considered relevant.
Proposals to ease restrictions on accessory living units and home-based businesses and limit the heights of flag poles emerged as the most controversial elements, inspiring five-hour-long public hearings before the board and Fairfax County Planning Commission.
As it determines how to proceed, the county says individuals and businesses can refer to the Department of Planning and Development website for updates.
In response to calls for additional legal assistance, Fairfax County is poised to establish a self-help resource center in the library of its courthouse complex.
At a Fairfax County Board of Supervisors meeting on Tuesday (March 21), the board approved a board matter that would allocate $96,000 in fiscal year 2024 to support the project. The board matter was proposed by Franconia District Supervisor Rodney Lusk and Chairman Jeff McKay.
Reportedly the first of its kind in the state, the center would provide legal information, referrals, forms and resource materials on topics related to court issues. The board matter states that it would serve as an alternative option for people who can’t afford legal services and don’t have pro bono help available.
“In my District, we have had constituents contact my office desperate for legal differential last hey are unable to obtain legal aid services. In one instance, a child custody case, the parents had no idea what to expect at their court hearing and thus were not able to prepare for or understand the court process,” Lusk said in the board matter.
First pitched by the Fairfax Bar Association, which runs the law library, the proposal is being led by Fairfax County General District Court judges Susan Stoney and Dipti Pidkiti-Smith.
A 2019 study by the bar association found that the cost of hiring an attorney and the belief that cases can be handled alone are among the top reasons litigants didn’t have a lawyer.
“Access to justice for self-representative litigants is a significant issue facing the legal community today,” the board matter said.
Springfield District Supervisor Pat Herrity noted that the challenge is not limited to “Black and brown communities.”
Responding to Herrity, McKay emphasized that the board matter specifically refers to economically challenged residents and other communities who are most in need.
He said that statement was “absolutely factual” and “all encompassing.”
Police took two people into custody yesterday (Thursday) after a reported armed robbery in Great Falls turned into a dizzying pursuit from Tysons to Herndon and back again.
Officers were called to the Safeway at 9881 Georgetown Pike at 12:05 p.m. for a report of a man and a woman stealing merchandise, the Fairfax County Police Department says. The suspects allegedly pointed a gun as they left the store.
According to the initial police dispatch, the individuals took Tide detergent from the store. The vehicle tag was traced to a man with an outstanding felony warrant for robbery in Prince William County.
“The two left in a car with a child in the backseat. Officers saw the car and attempted a traffic stop that resulted a pursuit,” FCPD spokesperson Sgt. Jacob Pearce said.
Per scanner traffic, the chase began on southbound I-495 (Capital Beltway) at Georgetown Pike before exiting to the westbound Dulles Toll Road toward the airport, as officers asked for a helicopter to assist.
After feinting an exit multiple times in the Reston area, the driver turned off at Centreville Road in Herndon and swung back around to the eastbound toll road. The screech of tires can be heard on the police radio.
“Do not PIT the vehicle,” a supervising officer said, referring to a maneuver used by law enforcement to stop moving vehicles. “At most, try to bring the car to a stop slowly. I do not want any reckless driving behavior to endanger the child’s life inside the car.”
The pursuit continued into the Dulles Toll Road’s airport lanes and exited onto Route 7 (Leesburg Pike), where the driver jumped a curb to cross from the eastbound to the westbound lanes.
After turning onto Trap Road, back onto the toll road, and off at Dolley Madison Blvd in McLean, the chase made its way onto the Beltway and finally ended in the northbound lanes near Lewinsville Road, where the driver was arrested.
: Wreck on 495.https://t.co/ZCXBmMXPPj
— Henry Bright (@HCBright10) March 23, 2023
The woman was also taken into custody, according to the FCPD.
“No injuries were sustained as a result of the incident,” Pearce said. “The child is safe and is currently with caregivers. No crashes were reported during the pursuit. Detectives are actively investigating. The names and charges will be released once charged.”
Close to 40 police vehicles were involved in the chase, including both local and state agencies, according to a tipster who said they followed part of the saga on Route 7 and the Dulles Access Road. At one point, an officer said on the radio that there were “too many vehicles” in the pursuit.
Photo via @notaveryh/Twitter. Hat tip to Alan Henney, Henry Bright and KKirkhart.
Police have identified the couple that was found dead in Reston Tuesday (March 21) afternoon in what they say was a murder-suicide.
According to the Fairfax County Police Department, Herndon resident Richard Garerick, 75, shot his wife, Patricia Garverick and then later killed himself.
The couple was found dead around 3 p.m. on a trail near Stratton Woods Park (2431 Fox Mill Road). The couple was found by a community member with gunshots wounds to their upper bodies.
Their car was found in the parking lot of Stratton Woods Park, along with cartridge cases and a firearm. They were pronounced dead on the scene by fire and rescue crews.
“The Office of the Chief Medical Examiner will be completing autopsies to confirm manner and cause of death,” FCPD wrote in a statement.
Supreme Court Tosses County Zoning Update — “The Virginia Supreme Court has voided a massive zoning modernization plan approved by the Fairfax County Board of Supervisors in 2021 because the board’s approval occurred during a virtual meeting. The court’s ruling, issued Thursday, could call into question scores of routine decisions made by local governing bodies during the first 15 months of the COVID-19 pandemic.” [Inside NoVA]
D.C. Cherry Blossoms Reach Peak Bloom — “The National Park Service announced that Washington’s cherry blossoms at the Tidal Basin reached peak bloom Thursday. Peak bloom occurs when 70 percent of cherry tree buds are flowering…The National Cherry Blossom Festival started Monday in coordination with the flowering of the cherry blossoms.” [The Washington Post]
Fire Department Advises Properly Disposing of Cigarettes — “During March, there have been two significant house fires caused by improperly discarded smoking materials…In addition, there have been a few, relatively minor, fires caused by improperly discarded smoking materials. Improperly discarded smoking material fires are totally preventable!” [FCFRD]
Public Hearings Set on Parking Changes — “The Fairfax County Board of Supervisors say they will take the time to get proposed ‘Parking Reimagined’ zoning, policy and procedural changes done right, rather than force them through despite concerns that continue to fester in the community.” Public hearings will be held by the planning commission on April 19 and the board on June 6. [Gazette Leader]
Tech Industry Finds Home in Northern Virginia — “HQ2 may be facing a hiccup, but local tech companies specializing in defense contracts, AI, space, cloud computing and healthcare are thriving. Northern Virginia is home to 17,000 tech companies, nearly half of them in Fairfax, a concentration that has led to an insatiable thirst for workers.” [FCEDA]
Park Authority Calls for One Hour Without Lights — “The Fairfax County Park Authority is encouraging participation in the annual One Dark Hour event, Saturday, March 25…To participate in One Dark Hour, simply turn off your outdoor lights on Saturday, March 25, between 8:30 and 9:30 p.m.” [FCPA]
Herndon HS Band to Play at Pearl Harbor — “It’s a big year for the Herndon High School Band: The Pride of Herndon which is celebrating its 75th year as a band. Amidst the celebrations, the band received the invitation to be Virginia’s ambassador at the 2023 Pearl Harbor Memorial Parade.” [Patch]
Hayfield SS Graduate Reflects on Journey to NASA — “Hayfield Secondary School alum Swati Mohan is making history as an aerospace engineer with NASA’s Jet Propulsion Lab and Mars 2020 mission. But in high school, Mohan didn’t imagine that’s where her career was going…until she was inspired by her FCPS physics teacher and two vastly different Science Fair projects.” [FCPS/Facebook]
It’s Friday — Rain throughout the day. High of 71 and low of 48. Sunrise at 7:07 am and sunset at 7:25 pm. [Weather.gov]
Reston’s annual Founder’s Day celebration will return to Lake Anne Plaza on Saturday, April 15 from 10 a.m. to 4 p.m.
The celebration, which marks Reston’s founding and founder Bob Simon, Jr., will feature community performances, cake, activities and music.
This year, the celebration kicks off with a community clean up.
“April is earth and volunteer month and what better way to give back to the environment than a community cleanup,” event organizers said.
Volunteers will gather at the Bronze Bob statue to clean up nearby Reston Association paths.
Residents can also contribute to Reston Museum‘s new Free Little Art Gallery by bringing artwork. Public Art Reston, a local nonprofit organization, will also have a free activity availability.
A ribbon cutting ceremony for the gallery is slated for 12:30 p.m. at the steps of the Washington Plaza Baptist Church, after which the gallery will be permanently installed at the museum. It will be Reston’s second Free Little Art Gallery, following an installation outside the Cathy Hudgins Community Center at Southgate.
Performances include a show by the Foley Academy of Irish Dance, Adrenaline Dance Studio, South Lakes High School Theater, Reston Community Players and Langston Hughes Middle School’s choir.
Local food trucks will be on site at the event, which is presented by Reston Museum and Reston Community Center and cosponsored by Public Art Reston. Lake Anne Plaza hosts the event.
Cake will also be served at an event with local authors Rebecca Green, Shelley Mastran and Cheryl Terio-Simon at RCC’s Jo Ann Rose Gallery.
Get ready for a new summer Pickleball League at The Boro Tysons!
Join DC Fray on Wednesday evenings to play some pickleball. Also, cornhole leagues will be returning to the park on Thursdays.
Pick your sport and sign up as an individual, group or team.
#FrayLife #TheBoroTysons
The preceding sponsored post was also published on FFXnow.com
This sponsored column is written by the team at Arrowine & Cheese (4508 Cherry Hill Road in Arlington). Sign up for the email newsletter and receive exclusive discounts and offers. Experience Arrowine’s Tastings & Events. Have a question? Email [email protected].
Can we talk?
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You do what is right, what is moral, and honorable because anything less is undignified and selfish. I will have to work a bit longer or maybe until I drop, but that’s how it is.
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The preceding sponsored post was also published on FFXnow.com
Fairfax County could be taking some notes from New York City and Portland as it tries to turn back the surge of recent pedestrian fatalities.
The Board of Supervisors directed the Fairfax County Department of Transportation on Tuesday (March 21) to review turn-calming measures from other jurisdictions, discuss options with the Virginia Department of Transportation, and come back to the board’s transportation committee with an analysis of how that can be implemented.
“Over the past several years, this Board has taken significant steps to prioritize pedestrian safety,” Board of Supervisors Chairman Jeff McKay said. “Despite these efforts, there were still sadly 32 pedestrian fatalities in Fairfax County on our roads in 2022, the highest number since consistent statistics started being collected in 2010.”
As FFXnow reported last week, FCDOT’s Trails, Sidewalks and Bikeways committee (TSB) delved into the issue and asked the Board of Supervisors to prioritize additional safety measures along major arterial roadways throughout Fairfax County.
“The first is a turn calming, like in New York, San Francisco and Portland,” McKay said. “These programs can reduce turning speeds and thus pedestrian fatalities.”
Left-turn calming aims to reduce turning speeds, eliminate sharp turns, and create “hardened centerlines” that use rubber speed bumps to slow drivers.
McKay said county staff’s report on turn-calming should also include an estimate of the cost.
The second item is a request that no crosswalk at the site of a pedestrian fatality be eliminated unless there is a compelling reason to do so.
The question of eliminating crosswalks took some board members by surprise until Braddock District Supervisor James Walkinshaw explained that the TSB letter references the planned elimination of a crosswalk at Braddock Road and Kings Park Drive in West Springfield.
Walkinshaw explained VDOT intends to move the sidewalk to a safer location.
“The plan is to eliminate that entire signalized intersection and move the crosswalk to a different and safer location, where it’s separated from the turns from Kings Park Drive onto Braddock Road,” he said.
Hunter Mill Supervisor Walter Alcorn noted that, in addition to turn-calming and prioritizing crosswalks, the county also has an ongoing speed camera pilot program.
“I would also note that we are doing our speed camera pilot, which is also getting underway,” Alcorn said. “It underscores that this is really a tough problem…We need to look and see what else can we do to make our streets safer.”
Hundreds of residential units on two parcels on Association Drive could be on the horizon.
The plan by JLB Realty and Toll Brothers calls for a six-story, 400-unit building on the northern end of the horseshoe-shaped road, along with a 39-unit triplex on the southern end, according to Brian Winterhalter, land use attorney with DLA Piper.
The proposed development is the first of several that could come forward on Association Drive, which consists of 10 different office parcels owned by multiple owners near the Dulles Toll Road in Reston.
Winterhalter said it’s unlikely a consolidated plan will be proposed, but the development team will coordinate with other owners if and when opportunities for collaboration arise.
“We are hoping that it will be formally accepted for processing any time now,” Winterhalter said, referring to the county’s formal acceptance of the plan.
At a Reston Planning & Zoning Committee meeting on Monday (March 20), some members expressed concern about the density and overall design of the project.
Matt Stevison, a committee member, said he was concerned about the way the triplex units — which would be for sale — are designed without any architectural cohesiveness.
“The way the units are stacked from an architecture standpoint.” Stevison said. “It just doesn’t work for me.”
Committee member Tammi Petrine said she were concerned about the residential units’ close proximity to the Dulles Toll Road. She also said the impact of the applicant’s proposed grid of streets would have a detrimental impact on specimen trees on the property.
“Basically, this Association Drive area has some of the most beautiful trees in Reston and you all are talking about a grid of streets that has not taken into account where the specimen trees are,” Petrine said.
A total of 57 affordable units are planned on the property, along with a little over two acres of open space and 1.2 acres of urban parkland.
Winterhalter said the development plan includes a grid of streets that is in Reston’s comprehensive plan.
That grid is different from one suggested by a task force that recommended revisions to the Fairfax County Comprehensive Plan for Reston last year. A draft of the new plan is currently under review by the county and slated for discussion by the Fairfax County Planning Commission later this month.
Winterhalter said seven of the 10 property owners on Association Drive are in support of the county’s current proposed grid of streets.
The proposal is moving alongside a Site-Specific Plan Amendment currently under review for Association Drive. That proposal calls for shifting the zoning from office uses to residential uses — including at 1900 and 1920 Association Drive.
“We can develop this property prior to the development of the other properties,” Winterhalter said.
(Updated at 12:10 p.m.) Fairfax County’s police helicopters have a new base of operations.
The emergency choppers and their crews will now be housed at the Fairfax County Police Department’s new David M. Rohrer Aviation Center, which was welcomed with a grand opening celebration yesterday (Wednesday).
Located at 4604 West Ox Road, the two-story, 23,000-square-foot facility replaces a smaller heliport that was built on the same site in 1984 but no longer met the helicopter division’s staffing and equipment needs.
Known by the call sign “Fairfax 1,” the division includes two helicopters and flight officers, pilots, paramedics and maintenance crews.
They were performing over 150 helicopter missions per month and more than 80 medical evacuations per year out of the now-demolished, 9,500-square-foot heliport, the FCPD reported when pitching the project for bond funding in 2015.
“Similar to a firehouse, staff remains on-site throughout their shift, but locker space, helicopter equipment space, storage areas and training space is insufficient to meet current operational needs,” the department said. “The helicopter hangers are not large enough to house the county’s two twin-engine helicopters, and the sloped landing pad causes safety issues especially during winter months.”
The project received $13 million from that public safety bond referendum, though the county ultimately approved $14.1 million, according to the current capital improvements program.
In addition to a landing pad for the helicopters, the new aviation center has a two-bay hanger, parking for 25 vehicles, and upgraded locker, storage and training spaces.
At my request, the Board honored Chief Davis’ request to name the heliport after Chief Rohrer in recognition of his 41 years of outstanding service to the County.
The operational needs of our flight officers, pilots, paramedics and maintenance crews have grown significantly. pic.twitter.com/LS0D1Kynrx
— Supervisor Pat Herrity (@PatHerrity) March 22, 2023
The facility is named after former deputy county executive for public safety David Rohrer, who retired last year after a 41-year career that he started as a patrol officer. The name was requested by Fairfax County Police Chief Kevin Davis and Springfield District Supervisor Pat Herrity, whose district includes the heliport site.
“The operational needs of our flight officers, pilots, paramedics and maintenance crews have grown significantly,” Herrity said after participating in the grand opening. “This new facility will provide lifesaving medical treatment and crimefighting services to our citizens.”
Speakers at the ceremony included Herrity, Davis, Rohrer, Board of Supervisors Chairman Jeff McKay, County Executive Bryan Hill and Department of Public Works and Environmental Services Director Chris Herrington.
At the time of the opening ceremony, helicopter crews hadn’t officially moved in yet, but the FCPD anticipates they’ll be able to operate out of the aviation center starting at 8 a.m. Saturday (March 25).
“That depends if everything gets moved over in time,” the police department said.
