City Council Meeting

Catherine ReadThank you. Good evening. I would like to call the regular meeting of September 22nd, 2026 to order. Before we begin tonight's meeting, I would like to ask everyone to join us in a moment of silence to reflect on the tragic death of a young member of our community on September 9th. This is our heartbreaking and our thoughts and prayers are with this child's family, friends, classmates, and neighbors. Thank you. If you are able and so choose, please rise for the Pledge of Allegiance.

Speaker 20I pledge allegiance to the flag of the United States of America. and to the republic for which it stands,

Bill Rotingpublic commentone nation, under God, indivisible, with liberty and justice for all.

Catherine ReadI will now ask the Fairfax High School Latinos United Students Association to come down for the proclamation for National Hispanic Heritage Month. Thank you ladies for joining us. Whereas, each year Americans observe National Hispanic Heritage Month from September 15th to October 15th by celebrating the histories, cultures, and contributions of Americans whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America. And whereas the observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15th and ending on October 15th, it was enacted into law on August 17th, 1988 on the approval of Public Law 100-402.

And whereas the day of September 15th is significant because it is the anniversary of the independence for Latin American countries, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16th and September 18th, respectively. And whereas our nation celebrates its 250th anniversary, we take this opportunity to highlight the critically important contributions the U.S. Latino community has made to our nation's founding, its infrastructure, economy, and global competitiveness for over 500 years. And whereas during National Hispanic Heritage Month we affirm that diversity is one of our country's greatest strengths,

we also acknowledge the Hispanic leaders who have stayed in the struggle for equal justice to ensure that everyone in this nation can contribute their talents and have the opportunity to thrive. And whereas the City of Fairfax celebrates Fiesta Fairfax, an event on Saturday, October 4th, with October 3rd with cultural performances, music, food, and educational exhibits highlighting the contributions and experiences of the Hispanic, Latino, and Latinx community. Now, therefore, I, Catherine S. Reed, Mayor of the City of Fairfax, Virginia, do hereby proclaim September 15th through October 15th, 2026, is National Hispanic Heritage Month in the City of Fairfax and encourage our community to embrace and celebrate

our Hispanic and Latino neighbors, visitors, and businesses, and all they add to our quality of life. And with that, I will ask if you have remarks.

Speaker 2Distinguished community leaders, neighbors, and friends, thank you for joining us today to mark Hispanic Heritage Month and recognize how Hispanic Americans strengthen our local communities. Through time, Hispanic Americans have shattered barriers and achieved excellence across every field. They've served as Supreme Court Justices, astronauts, Nobel Laureates, military leaders, and groundbreaking scientists. Each success adds another chapter to our nation's ongoing story of progress and possibility. We are not only a pushing force that thrives on breaking the expectations of others, but a brightly colored culture that embodies the essence of close-knit family ties and diverse roots from all over the world.

To my fellow Latino community, always remember that our hard work is never in vain. Like my parents have always taught me, our effort, sacrifices, and humility are worth more than any material possession. Now more than ever is the time to continue to cultivate the blessings our culture brings from their native lands to the United States of America. Yes, we may have different names that people may translate into their tongue. Yes, we may have accents that make our mouths curve differently. And yes, we may be different than everyone else in every sense. but we are a part of a nation that we will forever contribute to and be part of.

Studenthispana good afternoon my name is Brianna and I'm a student at Fairfax High School recently I was asked what Hispanic Heritage Month means to me and what it represents to me Hispanic Heritage Month is all about being proud of my roots honoring traditions and recognizing generations of hard work it is a time to the sacrifices many families made to build a better future. Celebrating this month isn't just about looking back at our history, it is also about carrying our values forward with pride every single day. Even when time gets difficult, it serves as a constant reminder that our culture is vibrant, our history is powerful, and our resilience will continue to pave the way for future generations. Thank you.

Thank you. Do I have representatives from the Fiesta

Speaker 13Fairfax committee here?

Catherine ReadIs that you, Ms. Rodriguez? Please come down and join us.

Speaker 28Thank you, Mayor Reed and members of

Speaker 27council. Ladies, that was a

Speaker 28beautiful job. I'm so proud of you. Thank you for that. Yeah, Fiesta Fairfax Foundation is hosting Fiesta Fairfax on October 3rd, as Mayor Reed mentioned. We hope you all will join us for some music and food and celebration. Another part of the mission of Fiesta Fairfax Foundation is to support community groups that celebrate Latino culture. And I'm very excited to present to you not a physical check because it is stuck in the rainy traffic, but it's on the way. We're supposed to physically be here. But the first gift granted from Fiesta Fairfax Foundation will be to Lusa in the amount of $500. So thank you. Thank you. Thank you. Thank you.

Catherine ReadAnd there's a check. Please join us.

Speaker 27Sorry.

Catherine ReadNo, it's okay. Let's all move this way a little

Melissa Shinaberryclerkby voicebit. Okay. Okay.

Speaker 20One man has

Catherine Readarrived.

Speaker 20All right, big smile. Thank you. Okay, I'll give you this, and he will give you a

Speaker 27check. Okay, excellent.

Speaker 13Thank you. Thank you so much.

Catherine ReadChloe Ritter.

Speaker 13Is Chloe Ritter in the house?

Catherine ReadOur multimodal transportation guru. You know, Chloe is here a lot, which is really important because we are so committed to the committed to multimodal transportation and car-free days and all the things that help us think about ways in which we can make our city more livable by choosing something besides single occupancy vehicle trips. So whereas walking is a healthy and sustainable option for connecting to public transit, parks, neighborhoods, local businesses, schools, and other locations in the community, and whereas help create a welcoming environment for people of all ages and abilities and help make the city more accessible for everyone including the most vulnerable residents and visitors

and also our canine residents on leashes. And whereas pedestrian safety is a critical concern as the city and the region have seen increases in pedestrian fatalities and injuries in recent years. And whereas the City of Fairfax is committed to supporting pedestrian safety with the ongoing development of pedestrian and safety plans and investments in multiple projects to improve pedestrian facilities. And whereas ensuring pedestrian safety is a shared responsibility for the entire community, requiring drivers, cyclists, scooter riders, and walkers to remain alert, be visible and predictable, and treat each other with mutual respect on our roadways. Now, therefore, I, Catherine S. Reed, Mayor of the City of Fairfax, do hereby proclaim

October as Pedestrian Safety Month in the City of Fairfax and encourage everyone to enjoy the benefits of walking and to work together to promote safer roads and sidewalks in our community.

Speaker 27Ms. Ritter? Well, thank you, Mayor Reed, and thank you, City Council, of course, also for this opportunity to highlight the importance of pedestrian safety. that we did have a recent tragedy and it's a good good chance to remind us all to be respectful and share the roads safely. October is pedestrian safety month every year but especially this year we have that in our hearts. The city is does have a goal of improving pedestrian safety. We have a lot of projects underway between new sidewalks and intersection improvements and crossing improvements lighting improvements to make the streets and sidewalks safer and make it easier and safer to walk around the city and we are wrapping up or getting towards the end

of our plan to create pedestrian and safety plans across the city to give us guidance on our next priorities as part of the move Fairfax project this is also a good opportunity for all of us to remember this is a shared responsibility we need to watch out for each other so there's always things that we can each individually do because we're all pedestrians at some point of the day and when we're driving we also have people on the roads that we care about that we So we always want to practice seeing each other and being seen, being visible, being alert, and really paying attention to what's going on around us so we can all get home safely. So thank you. Thank you. All right, a

Catherine Readphoto.

Speaker 20And a smile.

Catherine ReadOkay, can I ask the Country Hills Garden Club to come up? This is a really, really big one. All right. Everybody, come on down, come on down.

Speaker 13No, it's all good, it's all good. I agree.

Catherine ReadAnd whereas the 15 charter members lived in Country Club Hills and began the club by supporting each other in landscaping and developing gardens on their own properties, as well as extending their efforts to the entire neighborhood in coordination with the Country Club Hills Civic Association. And whereas during the first year, the club expanded their focus to the larger Fairfax community with their first community project, helped landscape the grounds of Leighton Hall Elementary School, which is now Daniel's Run Elementary School. And whereas over the next three decades, the Garden Club continued to contribute funds and volunteer hours to the school landscaping program by installing shrubs and trees on

the ground of the new Fairfax High School, as well as expanding nationally through their efforts to help landscape the Kennedy Center with pines and help establish the Chesapeake and Ohio Canal as a National Historic Park. And whereas the Country Club Hills Garden Club continued for another three decades, fulfilling the motto of meet and reap by continuing to plant, volunteer, and contribute funds projects at Fair Oaks Hospital, Ronald McDonald House in Washington, D.C., the U.S. Botanical Gardens, the Fairfax Nursing Home, the National Arboretum of Fern Valley, and as a special bicentennial project renovating the grounds of the Truro Episcopal Church Rectory. Now, therefore, I, Catherine S. Reed, Mayor of the City of Fairfax, do hereby congratulate the Country

Club Hills Garden Club on their 70th anniversary. Their long-term stewardship of Country Club Hills and the City of Fairfax is a model for our community and one that should inspire us all to use plants for beautification, pollination, and community building through volunteer service. Are there someone going to make a remark?

Speaker 13Thank you, Mayor Rita. Thank you, Council. On behalf of Country Club Hills Garden Club, thank you for this acknowledgement of this milestone in our history. We've sort of grown up with the city as well over all these decades and we continue to try to provide as we can and we appreciate all the acknowledgement from the city because it is a wonderful city to live in and we all have enjoyed it and we have members that have been part of this for over 50 years. So it's a nice legacy I think in the city and we're happy with it. So we keep trying. I congratulate you all.

Catherine ReadAnd now a photo. Everybody scooch in, scooch in, scooch in.

Speaker 20And big smile.

Catherine ReadThank you so much for being planted. Keep planting. Keep planting. Last one. All right, I'm going to now ask our city's fire department to come down here so we can proclaim about Fire Prevention Week, which is also incredibly important. Everything we do is really incredibly important.

Joan Goodmanpublic commentGood evening, sir. Sir. Sir. Sir.

Catherine ReadWhereas, the City of Fairfax government is committed to ensuring the safety and security of all those living in and visiting the City of Fairfax. And whereas, fire remains a serious public safety concern both locally and nationally, and the presence of lithium ion batteries in many household devices introduces fire risks. And whereas most of the rechargeable electronics used in homes daily, including smartphones, tablets, laptops, power tools, e-bikes, e-scooters, and toys, are powered by lithium-ion batteries, which if misused, damaged, or improperly charged, can overheat, start a fire, or explode. And whereas the National Fire Protection Association, NFPA, reports an increase in battery-related

fires underscoring the need for public education on the safe use of lithium-ion batteries and devices. Whereas the way lithium-ion battery devices are charged can make a difference in helping prevent home fires. And whereas safe charging includes using the cord and charger that came with your device tractor, charging on a hard, flat surface, watching for warning signs like devices that are very hot or start to swell, unplugging when fully charged, and charging larger devices like e-bikes outside and away from exits. And whereas residents are encouraged to understand that safe charging means making smart choices every time they plug in. And whereas the City of Fairfax Fire Department remains dedicated to reducing the occurrence

safety education and community outreach. And whereas the 2026 Fire Prevention Week theme, Charge into Fire Safety, safe charging is a superpower, serves to remind all residents that safe charging can help reduce the risk of fires in homes and communities. Now, therefore, I, Kathryn S. Reed, Mayor of the City of Fairfax, do hereby proclaim October 4th through 10th, 2026, as Fire Prevention Week in the city of Fairfax and urge all residents to learn about and practice safe charging habits. And with that...

Cam LewisapplicantThere we go. Thank you.

Speaker 15I'll let these guests talk about that. Thank you, Mayor of Council. I appreciate you guys taking the opportunity and time to recognize the importance of fire safety in our community. I'm going to let Chief Seitz talk about this year's theme here in just a second, but I just want to take this opportunity the community out to our open house which takes place every year during fall festival at fire station three we'll have activities for all ages plenty of fun come check out our firefighters get to meet them check out our equipment and chief sakes thank

John Chopublic commentyou

Speaker 16mayor reed and

John Chopublic commentmembers of council

Speaker 16as the mayor read in our proclamation we all live with batteries in our life every day from our to e-scooters if you're so inclined to ride those. But there's been a history over the last five years of increase in fires in our communities across Virginia and across the United States and around the world, really. These devices, when you go to charge them, ensuring that you have the right charging cords as the manufacturer instructs. And if you're ever in question, please call the fire department. We have some good resources we can share. We're going to have those at Fall Festival. Come by the fire station, pick some of those up. My office is in code administration, so if you have a vehicle and you're wanting to set up a charger at home beyond what comes with the charger or what comes with the vehicle, come talk to us at Fall Festival or give us a call.

We have good insight on what you might need to do to your home to prepare it to charge an electric vehicle. So thank you very much. Okay, thank you. We're going to do a picture.

Catherine ReadAnd just one last thing. do not throw them in your trash to end up in trash trucks because they will explode and set the trash trucks on fire. And the same for recycling because they end up in recycling, they get taken to recycling centers where they will also cause a fire. So hang on to lithium ion batteries. You can take them to the transfer station in Fairfax County is one of the places you can safely dispose of them so they do not start fires in recycling or trash trucks. Just my little tidbit there.

Speaker 28Alright, everybody, just switch it.

Speaker 20Alright, and big smile. Anthony A, if I can't see you.

Joan Goodmanpublic commentYep, right there, perfect. All right. Thank you. Thank you very much. Thank you.

Bill Rotingpublic commentThank you. All right. Thank you. All right.

Melissa Shinaberryclerkby voiceWe can move to the adoption of the agenda. Is there a motion to approve the agenda?

Stacey Hardy-ChandlerI move to adopt the agenda as presented.

Catherine ReadSecond. The motion has been made and seconded. A roll call vote.

Melissa Shinaberryclerkby voiceCouncil Member Amos? Aye. Council Member Hall? Aye. Council Member Hardy-Chandler? Aye. Council Member Peterson? Aye. Council Member Bates? Aye. Council Member McQuillan? Aye. Motion passed unanimously. We will go to initial general public comment. I had one speaker sign up prior to 5 p.m. today, so I will call that speaker up, Ahmed Al-Razi. I don't think they are here. So we can move on to the consent agenda.

Catherine ReadAre there any questions on any of the items on the consent agenda? Are there any items council would like pulled from the consent agenda? Is there a motion to approve the consent agenda?

Stacey Hardy-ChandlerI move to approve the consent agenda, item 6A through D, as presented, and the accompanying motions in the staff reports.

Thomas PetersonSecond.

Catherine ReadA motion's been made by Council Member Hardy-Chandler and seconded by Council Member Peterson. A roll call vote.

Melissa Shinaberryclerkby voiceCouncil Member McClellan? Aye. Council Member Bates?

Catherine ReadAye.

Melissa Shinaberryclerkby voiceCouncil Member Peterson? Aye. Council Member Hardy-Chandler? Aye. Council Member Hall? Aye. Council Member Amos? Aye. Motion passed unanimously. We'll go to consideration of appointments to boards, commissions, and advisory committees.

Catherine ReadIs there a motion to approve the appointments to boards, commissions, and advisory committees?

Stacey Hardy-ChandlerI move to appoint the following applicants. Board of Zoning Appeals reappoint Andrew Fernandez for a five-year term extending through September 28, 2031. Commission for Women, appoint Amber N'Dayyer for the remainder of a three-year term extending through June 24, 2028. George Mason, University Fairfax Campus Advisory Board, appoint Christian Manan Sala for a two-year term extending through September 22, 2028. Grievance Panel, appoint Kimberly Jackson Davidson for a three-year term extending through September 22, 2029. Housing and Healthy Communities Advisory Board. Reappoint Emily Ihara as the George Mason University College of Public Health Representative for a two-year term extending through October 8, 2028.

Reappoint Susan LaCroix as the at-large city resident member for a two-year term extending through September 24, 2028. Reappoint Gabrielle DeRosier as the representative of a lending institution which finances residential development. in the city of fairfax for a two-year term extending through september 24th 2028 reappoint dominic bonnet uto as the inova health system representative for a two-year term extending through september 24th 2028 appoint jenna crawl as the at-large city resident member for a two-year term beginning on september 22nd 2028 planning commission appoint daniel drummond for the remainder of a four-year term extending through April 9th, 2028.

Thomas PetersonSecond.

Catherine ReadA motion has been made by Council Member Hardy-Chandler and seconded by Council Member Peterson. A roll call vote.

Melissa Shinaberryclerkby voiceCouncil Member Amos? Aye. Council Member Hall?

Catherine ReadAye.

Melissa Shinaberryclerkby voiceCouncil Member Hardy-Chandler? Aye. Council Member Peterson? Aye. Council Member Bates? Aye. Council Member McClellan? Aye. Motion passed unanimously. We will go to the public hearing. We have one public hearing tonight, which is a public hearing and council action on a request from rjl associates inc for an amendment to the existing general development plan a comprehensive plan amendment from commercial corridor place type to townhouse slash single family attached neighborhood place type a zoning map amendment in parents rezoning pursuant to city code section 110-6.4 from pd-c plan development to PD-R Plan Development Residential while retaining the Architectural Control Overlay District and Prince ACOD and an approval of a master development plan with commitments and modifications

to replace approximately 21,566 square feet of office space with 14 front-loaded townhomes on 2.12 acres on the premises identified as 9495 Silver King Court and prints tax map parcel 58-2-10-0001-A1. I'm going to recognize Albert Frederick, our senior planner, for the staff presentation.

Albert FrederickstaffGood evening, Mayor and Councilmembers. This is a public hearing for our JL Associates with Bean, Kenny, and Corman, the applicant on July 16th 2025 the Board of Architecture review recommend approval of the major certificate of appropriateness for architecture and landscaping the Planning Commission held a public hearing on July 27th 2026 where the Planning Commission recommend an approval the plans for tonight's public hearing were submitted on June 15, 2026. The applicant is requesting an amendment to the existing general development plan, a comprehensive plan amendment from commercial corridor place type to townhouse single-family attached neighborhood place type, a rezoning from planned development commercial to planned development residential

and the architectural control overlay district. And finally, the land use application is subject to a major certificate of appropriateness architecture and landscaping. The subject property is commonly known as Mantua Professional Center and is located on Pickett Road, about a half a mile south of the intersection of Fairfax Boulevard and Pickett Road. To the east side of the property is the city county boundary with single family detached homes and Mantua subdivision. To the west side of the site is Pickett Road and Army, Navy Country Club. South of the site is Pickett's Reserve, a single family detached neighborhood. And to the north of the site is Theis Memorial Park. The original Manitou Professional Center was originally approved in 1975.

In 1985, a plan was amended. In 2004, the GDP was amended to accommodate for the expansion of the New School Northern Virginia property. 2015 the GDP was amended to develop 80 residential multifamily units and two four-story buildings with partial underground parking on 3.7 acres that project is a multifamily project and so for tonight the amendment seeks to replace approximately 21,566 square feet of office with 14 front-loaded townhomes on 2.2 acres. The density for this proposal is 6.6 dwelling units per acre. The total area for the development plan is 9.3 acres with an overall density of 10.2 dwelling units per acre. Looking at the map before you, you have a, on the top left side, you have a current future lineage map showing a commercial corridor. The top right photo

image shows the proposed land use of townhome single-family attached neighborhood the bottom left corner is the current zoning showing the planned development commercial district and the bottom right corner shows the planned development residential district the subject property is also identified in the comprehensive plan for a parcel specific considerations and so what What that means is that alternative uses could include multifamily, residential or townhomes and portions of the site currently

Scott Coombepublic commentdesignated

Albert Frederickstaffas commercial corridor and single family civic or excuse me, social and civic network. Any expansion of the residential uses in the complex should be cognizant of existing neighborhoods to the south and east and should provide adequate transitions in these areas. Again, the townhome, single family attached neighborhood place type supports up to 14.4 dwelling units per acre. Looking at the master development plan, the applicants proposing 14 front-loaded townhome units with 24 feet in width and 40 feet in depth. The master development plan shows 62 parking spaces, including 32 shared spaces and two visitor spaces, with a maximum building height of 38 feet, three stories in compliance with the building code and zoning ordinance.

Again, the density is 6.6 dwelling units per acre. The applicant is proposing a private one-way street. The street is a width of 23 feet. The applicant is proposing two open space areas through the center of the site connected by sidewalk as well as showing large setbacks to the rear of each unit. the applicant is proposing a mix of existing mature trees with new shrubs under stories and canopy trees while providing a retaining wall and fencing along the southern and eastern property line and part of the master development plan the applicant is required to provide a 10-year canopy tree canopy coverage that requirement is 20 percent the applicant is proposing 33 percent tree canopy coverage with the combination of new plantings and preservation of existing trees

calculation has been met per the zoning ordinance the applicant may present a 20-year and a 40-year canopy calculation however staff cannot confirm those those figures the applicant has provided a 10-foot wide transition regard of existing vegetation and proposed trees as well as seeking an alternative compliance through eliminated six-foot fence around the around the site the applicant is proposing to add additional plantings as part of the open space requirement the applicant is required to provide 20% open space and the applicant is provided 23% open space in terms of pedestrian connectivity the applicant is providing a connection to picket road sidewalks connecting interior to the site between parking spaces on the open space so on the northern side of the road you

will see sidewalks and throughout the site as well as connecting to the open space in terms of vehicular access there's interconnectivity throughout the site and the adjoining properties the applicants provided a one-way street again a one-way street the applicant submitted a trip generation memo showing reduction and total daily trips and am and pm trips in terms of stormwater management the applicant has proposed a stormwater area on the northwest corner of the site adjacent to the parking lot and the open space area and then finally on the southern side of the roadway and the passive recreation area between the two sticks of homes the applicants is proposing a second stormwater facility the applicant has received a

recommended nation of approval the major certificate appropriateness for architecture and landscaping with conditions the first condition reads as the proposed modifications shall be in general conformance with the plans and renderings received by staff in July 2025 and recommended for approval by the Board of Architecture review as of July 16, 2025. The second condition reads as the applicant shall secure all required zoning approvals and permits prior to construction. And the final work condition reads as the app, the landscaping is subject to change per urban forest comments at site plan approval stage. Staff has recommended approval of the comprehensive plan amendment. staff recommends approval of the zoning map amendment and the general development plan

and the major certificate of appropriateness with conditions of approval I'll stand by for any questions you may have any applicant is here with a presentation

Catherine Readthank you I will open the public hearing machine a berry is this public hearing been properly advertised yes it has does the applicant have a presentation they would like to share

Mark BionniapplicantMayor Reed, members of the City Council, thank you very much for your time. I'm Mark Bionni with Beane, Keene & Corman on behalf of the applicant. We do have a brief presentation. I'll get right to it. Let's go to the first slide. Just by way of orientation, I'm sure you're familiar with it. There's Pickett Street, you know, and then going Pickett Road. Then, you know, where our property is is the Mantua Professional Center. Immediately the south of us is the Pickett Reserve community, the golf course across the street, and Mantua community immediately to our east. Within the Mantua professional community, there's three components to it. There is our property, which is the southernmost property, and that's the offices that are

currently at issue. Then there, kind of the north and the east of us is the new school, and then directly to the north of us is an 80-unit condominium complex called the Enclave that was approved So what we're trying to do here is take the office component and transition it to townhouses, you know, and that would hopefully provide a really effective good transition from single family to townhouses to multifamily there. And, you know, how we got to where we are is, you know, these office buildings were the first components of this property to build back in 1980. Everything has a lifespan. And I certainly don't need to tell the council what's going on with the office market there. When we began this odyssey, these buildings would be, I'd say, kind of a Class C office at this point.

And, you know, they were about 30% vacant then. We're about 58% vacant right now, and it's a very, very highly competitive office market. It's very hard, and, you know, essentially, these buildings are kind of at the end of their lifespan. So the thought was, okay, if you don't have a viable office market, particularly for this, and there's kind of a natural arc to this property, it's kind of head towards obsolescence, that other uses might arrive that you may not want. The thought was, well, what is there a good market for? And what would really help kind of fulfill the goals of the city? And, you know, residential came to mind. And that's not an original idea. You're seeing that throughout Northern Virginia.

But, you know, looking at this, we said, okay, there's an opportunity to do residential. To do it, we wanted to do it in a way that we felt was responsible. You know, doing multifamily didn't feel like the kind of transition I was talking about. You know, doing it with high-density townhouses didn't feel appropriate. We kind of came in looking at doing about 6.6 units per acre, 14 townhomes, right? I would note that the city's own estimates show there's a need for housing. There's particularly a need for townhouses. Only 14% of the housing stock is townhouses. So we thought, well, this would be a good way to kind of put that in there and, you know, do that in a way. The goal was not only just to put the residential, but to put it in a community in a way that have you a lot of open space,

a lot of ways to redesign the property so it flows better with the adjoining properties as well. into that but that's kind of the history of where we were. Next slide. This is existing conditions as you can see they're basically single one and two-story office buildings you know they are at the end of their natural life span. We go to the next slide and this is also looking at the same buildings and again you're looking north you're looking due south here and then you have the trees behind you but you know those buildings are you know they're right this point now we're about 50% vacant. Go to the next slide. And then this is in winter conditions. You can see two of the homes from the Pickett's Reserve community kind of, Pickett's Reserve

community is located, you know, higher up in elevations. That's why you see them kind of looming over our properties. And this is what the existing conditions are there in the winter. And the goal is, you know, to develop this area, enhance and preserve that buffer, you know, and we'll get into what that looks like. Next slide. And that's what we're proposing to do here. three-story townhomes with a the option for a rooftop deck if you want all right so looking at these houses you have front load garage and you have the front first half of the first floor is a garage second half is kind of a little activity room that goes out to the back deck or the back patio second floor is your main living room your kitchen and you know your living room and stuff like

that third floor is where the bedrooms are all right now on top of that where you would ordinarily just kind of have an attic and we'd have typical of any three-story townhouse you see in Northern Virginia. What we did was instead put a stairway that goes up there that attic so that you have a rooftop deck facing internal to the Mantua Professional Center. Originally when we first came forward it was going to be facing the other way but the expressive concerns from the neighbors to the south we said okay we'll have them focused in. So the front half of these townhouses is going to be a deck, a rooftop deck if they want that. And then the back half of the townhouse would just be basically an attic.

So essentially if you had lawn furniture or something like that up there in the winter you would just put that in there. It's not occupiable space, it's not high enough, it would not be able to be occupied. It's just basically taking advantage of what is typically a three-story townhouse and providing a rooftop deck on it. Next slide. This is what it would look like from Pickett Street. What I like about this thing is you can kind of see, you know, you have the cars in the front half, then you have your back deck, then you have your second level, then third, then everything's going to get stuck in the street. But this is the way it would look like if you're going kind of heading northbound on Pickett

or if you're looking, I guess, southbound kind of, you know, really catch that. But that's the goal is to have this kind of cleaned up, make it look really nice, make it look seamless with the community, and, you know, just to provide a much-needed residential option for the area. Next slide. So this is what we're doing here is transposing the existing office buildings in light of the what we're proposing for the townhouses. So you have these in pink are the existing office buildings. Then you have a road that kind of runs through them and then superimposed where the goal is to take those buildings down, replace them with the community that you saw in the presentation and we'll get to in a minute here.

But essentially getting rid of those, putting in 14 new townhouses, a whole bunch of new open space new activity place that dialogues well with design that comes from the Enclave and hopefully also well with the with the new school as well we go next slide and go one more slide beyond that because we transpose it so this is what we're looking at here so essentially you have 14 townhomes now what you're going to look at here and you say okay 14 townhomes we have a peripheral buffer two parklets we're having about 48% open space and you can of townhomes there's townhomes one two three on the far left of the bottom there and what's different about them is they've been moved forward you know they don't have a large driveway in front

of it that's in order to provide additional buffering to our folks uh our friends and immediately south and pickets reserve the by additional 10 15 feet as they've been moved forward there all right that doesn't impact parking requirement of the townhomes for the zone is two spaces per unit we're going to be providing about two a little over twice as much So you'll have each of the units will have a two-car garage inside them. Then we'll have a lot of ample street parking along the street. And so the goal for that is to, you know, just allow people to have visitors, friends come and visiting. There's ample parking there. You're not creating a burden on adjacent communities. And so we're able to do that.

But also it kind of works well with the new school. You know, the other thing we're trying to do here is right now the road that goes in front of our school that loops there is bi-directional. And what we're doing is we're saying, okay, now it's going to be a one-directional road. So you have a situation where you don't have children and, you know, with most schools, you know, you typically have cars lined up loading, unloading. It'll be a lot more organized, be a lot safer to have everything going in one direction. So if you come off picket, you go right on Silver King Court right there, you go into the community right here, you come here, you loop around that way, all that traffic's going one direction.

You don't have as many conflicting movements. You also, let's just say it's science fair day or something like that, you know, you and get into the school you can also just park right there in the parking lot and unload. You know, we've all, I'm sure a lot of folks have done that before. But the goal is to, you know, make this, if we're going to be redesigning the site, let's redesign the site in a way that works best with the internal community and, you know, from a safety standpoint, from an infrastructure standpoint. And then also from the standpoint of infrastructure, you can see we have two open areas that kind of cross in the middle of that. And those are designed for tuning. The Enclave has a little open space on the other side of the Silver King Court, you know,

and it's kind of underutilized. And the thought was, okay, let's have one open space that kind of dovetails in with the Enclave so you kind of get the aggregation of those two open spaces together. And then you go across the little crosswalk, you've got a larger open space right there. And then on the perimeter of that we have our landscape buffer and the trees and stuff like that. So again, you know, in terms of community compatibility, when we first came forward We were proposing it four stories. We're now down to three. That's in compliance with the guidance of the comprehensive plan. We also want to make sure that dovetails well with the communities to the south and to the east of us. Also reduce traffic generation.

If these offices were operating at full capacity, there would be a lot more traffic. This is going to be a reduction in traffic. We're taking the, get into the trees and stuff, but ultimately we're going to be preserving and enhancing the buffer of the tree. and you know that's kind of the goals for that in terms of the benefits of the city eliminating vacant or obsolete office is going to help the rest of the office market it also just inhibit you just don't want decay and I guess I would take for someone who lives on Richmond Highway you know there are there's issues where properties just fall into disrepair or fall like that you want to avoid that you know this is an opportunity to take that take that weakness and

turn it into a strength and so the thought was you know this is what we thought we could do We're providing IHON Productions and Parks. Let's go to the next slide. We'll go one slide up back here. This is one more the other way, sorry. So this is, when we talk about the trees and the like, you know, we're looking at removing, we have 110 new native trees to be installed in the area and we're removing 105, all right? Of those 105, nine are dead. 32 are in very poor condition. You know, the thought is we want to provide trees. Right now you have lots of good trees in there, you know, for them because as we've had even on the property of the south as tree as tree buffers come in they list but trees themselves just like office buildings have a lifespan thought as you start

planting in there and the goal is to have this will be managed by the hoa in a way that you know the trees come down you have trees that people put trees up so the thought is okay we'll have that there in terms of the tree coverage we initially proposed you know the requirements for 20 percent We proposed at 33.4%. In response to some of our meetings with the council members who said look at ways to increase those trees. I'll get to the last slide and we'll talk about how we've been able to add some more trees in there. So that tree, that percentage is going to go up further. But you know right now 20 years percent, the tree coverage would be at 43%. At 40 years we estimate the tree coverage will be at about 81%.

That's versus 44% right now with 40 years of growth from the post construction of the 1980 office building. collective amount of 48% open space. We can go two slides down. With regard to how we dialogue with the community to the south, Pickett's Reserve is the homes here on the right side of the screen, we are on the left side of the screen. Pickett's Reserve has a great advantage to us of about a story and a half. By moving the houses we had right now further north, the three houses particularly, we were able to A, preserve more of the trees in that buffer but also kind of expand the setback to a total of 102 feet, right? That's for adjacent communities there we feel like that's appropriate you know these houses will not be

looming over their neighbors they're actually below them there and the thought was that's how we're going to dialogue with pickets reserve if we go to the next slide assuming there were no trees and there are going to be a lot of trees what would those what would those houses look like from pickets reserve well they'd look like your typical three-story town houses that you have in northern virginia and again just kind of looking at that you have the back deck you have the back patio on the first level, you have the deck on the second level, you have the bedrooms on the third level, and you have the roof on the fourth level of the thing. So typical three-story townhomes. Now obviously there's going to be robust trees in there so you won't see

it that way, but we thought it was important to kind of see what people would look like, how they look. Next slide. Mantua. When we first got involved in this project, the city said make sure you're talking to the county talking we did talk to the supervisor for that district we also talked to the chief of staff they introduced us to the leadership of Mantua we went out and walked with the Mantua there was not a lot of you know concern on that we have notified them as we've gone forward and you know we haven't heard anything further on there that fact notwithstanding we recognize there's a change in grade almost the inverse of what we have with pickets reserved we our property is over Mantua and so keeping and preserving those

We think we've had a, we only have really two houses on Mantua at the end of the cul-de-sac that are next to where we're developing. But the thought was maintain, keep that buffer robust, you know, we think it will be an appropriate transition from single family to townhouses there. And you know, we haven't heard anything to the contrary on that. So we feel pretty confident in where we are with that. We'll go to the next slide real quick. This is again the same kind of fantasy thing. If there were no trees, what would folks at Mantua look like? They'd see the same thing. a patio second level with the deck third level with the bedrooms the top of that is the roof next slide so now some of the questions with the history of this project this is you see here from

2000 and you can see kind of where the cul-de-sac is there you can see that's the existing silver cane court in our road and our houses are and our our offices are kind of the end of that develop area and then you have what is the future pickets reserve area there that's 2000 at that point that project gets approved. All right, we can go forward. In the mid-2000s that project is approved and it starts developing and development just requires clearance and stuff like that. So this is what happens with the Pickett Reserve property to the south of us, you know, and then you know it's a lovely community. It's going to come back in as they get post development. They plant new trees, you know, come forward and that's why it looks as high quality as

it looks like today. Next slide. Next slide. Then you see here's the northern end of it where they have the buffer, they have a, you know, some of the trees have been planted along the periphery of the retaining wall, and the first of the houses coming in there. And that's the house, those are the two houses that you see that and the future house right next there that we're using as our comparison for why we moved our townhouses forward. But that's the thought of what we had there. Next slide. Next slide. Just for real comparison, the question was like, well, how would this compare to a townhouse community? You know, we are at the, we use the plan development because that's, we're in a plan area.

It provides us greater flexibility and each of these categories that we've looked at, we've done to go above and beyond or below when it below is more advantageous to the community. That's why we're not at 12 units per acre, we're at 6.6 units per acre. That's why we have bigger buffers than we would otherwise be required to do. Last slide. I did mention this. This was the request by some council members to go back, look to see what else you could do for trees and stuff where we can come in there. A total of eight new trees, and that would be able to bump ourselves up, you know, get you from 30,800 square feet of tree coverage up to 32,000 square feet of tree coverage in the first 10 years, you know, taking our percentage up from 33.4 to 34.7.

And that's kind of what we did in response to that. And with that, I'm happy to take any questions, and I thank you very much for your time. I appreciate the favorable consider of the Architecture Review Board, the staff, and the Planning Commission.

Catherine ReadThank you so much for the presentation. Before I go to questions from the dais, I would like to ask the clerk to call speakers forward who would like to speak to the presentation.

Melissa Shinaberryclerkby voiceSo I had six speakers sign up prior to the start of the meeting tonight, so I'll call those six speakers up and then we'll open it to the floor if there's anybody else who would like to speak on this item. So our first speaker is John Cho.

John Chopublic commentGood evening, Mayor and City Council. I am John Cho, a retired Army General, City Homeowner, and President of the Pickett's Reserve, HOA. I represent 89 homeowners and 152 registered voters who pay $2 million in annual property taxes. We are not opposed to development, but we remain deeply concerned about the Highlands of Antua Townhouse proposal. Despite a possible $65,000 tax benefit, we ask that it not be approved as submitted. Former HOA President Dick Cardinale and I have tried in good faith to work with the developer, but our concerns remain largely unaddressed. Offering only a choice of trees is not a meaningful negotiation. Serious, unresolved issues remain. The Comprehensive Plan and Zoning Ordinance 361 limit townhomes to three stories and 35 feet,

not the proposed four stories and 43 feet. The comprehensive plan in ordinances 668G and 381 recognize cognizance of existing transitions and adjacent communities. 43-foot townhomes should be at least 56 feet away from our HOA boundary to avoid encroachment. This plan fails minimum standards under 156 because regardless of the type of roof, the building would cast an effective 43-foot shadow onto HOA property. Common U.S. property law does not stop at the city gates, and the townhomes are not exempt from bulk-planned encroachment. Even Fairfax County treats 35 feet as a maximum townhouse height. Ordinance 351 prohibits building townhouses with direct vehicular access to a public street. The three proposed townhouses without driveways should be eliminated or relocated to provide compliant access.

Although the developer claims Silver King Court is private, the city manager accepted it as a public road in the 2016 City of Fairfax deed of dedication. Given the tragic loss of a teenager in a vehicle accident on Pickett Road two weeks ago, approving a plan that creates an unlawful backing out hazard would be especially troubling. Those waivers do not meet the safety, utility, and accessibility standards required to act in the public interest. Based on shortfalls of criteria 10 of 13, master plan is neither superior nor in substantial, substantial as required, conformance with the comprehensive plan under 3.8. Our latest letter to the City Council, 28 August, proposes alternatives that maximize the interests of the city, the developer, and pickets reserve, especially solution 3B.

We ask the council to reject the plan as submitted and allow a strategic reset toward a lawful practical solution that protects the public interest. We also welcome the opportunity to participate in the city's re-envisioning process for involving residents affected by proposed development from the outset. That is currently not the case. We are at the end of the line. The current process is inherently unfair to city residents. I thank you, and I thank you for your leadership.

Melissa Shinaberryclerkby voiceOur next speaker, Scott Coomby.

Scott Coombepublic commentGood evening. My name is Scott Coombe. I live right next to John Cho. We're next-door neighbors. I've been a resident of the city of Fairfax for 25 years. I've lived in Pickett's Reserve for 11 years. The proposed Highlands of Mantua development will be directly behind my property. Today, an appropriate 29-foot buffer exists between the HOA boundary and the Mantua Office Park buildings, which are 22 feet high. 43-foot townhomes are now proposed to take their place nearly double the height. And the height has grown from the April 6 application that stated the maximum building height of each unit will not exceed 38 feet. The proposal now shows 43 feet. This is unnecessarily high, in part due to the selection of a gabled roof with greater than 8 to 12 roof pitch.

A more common roof pitch is 6 to 12, which would be 4 feet lower, or a 4 to 12 roof pitch, which would be 7 feet lower than the 43 feet now proposed. Our City of Fairfax comprehensive plan states that development adjacent to single-family homes should have a maximum of three floors. RJL's proposal says the townhomes will be three levels, but the plan shows a fourth-level roof deck, terrace, balcony, railing, front and side windows, etc. This obviously constitutes a fourth floor. And the selection of a gabled roof permits more interior space for this fourth floor. maximize the vertical space directly under the roofline, providing extra room for vaulted ceilings or a loft room. We are not asking the city to stop development.

We are asking the city to ensure the proposal complies with our comprehensive plan, protects existing homeowners, and provides the transition the plan requires. Please investigate the story count, roof geometry, actual building heights, and buffering before this plan moves forward. Thank you.

Melissa Shinaberryclerkby voiceOur next speaker is William Roting.

Bill Rotingpublic commentGood evening Mayor Reed, council members and staff. My name is Bill Roting. I'm a research professor at George Mason University, a Navy pilot, and a 26-year Navy veteran. I have lived in the city of Fairfax for 17 years. I like it here. I currently live at Pickett Reserve and previously lived at Barrister's Keep. When Sudden Heights was proposed next to Barrister's Keep, the residents raised concerns about townhomes near established single-family homes, buffering bulk plane encroachment. In the end, the Sudden Heights developer and residents of Barrister's Keep worked out a mutually beneficial agreement that resulted in roughly a 90-foot transitioning buffer. The solution did not stop development.

It improved it. The final design resolved encroachment concerns, gave the neighborhood a real transition, and and resident needs. The Pickett Reserve HOA provided a similar solution to the Highlands of Mantua developer and we have been largely ignored. We are not asking the city to reject the development, we're simply asking for the same practical approach used at sudden heights. Require adequate buffering, resolve encroachment issues and ensure sidewalks, parking, and public street standards are satisfied. The Pickett Reserve Solution 3B offers a win-win solution for both parties, specifically 14 townhomes, required parking, public safety, and meaningful transition between communities. I respectfully ask the council to disapprove the Highlands of Matua plan as submitted by

the developer and direct a revised plan consistent with Solution 3b provided to the council. Thank you.

Melissa Shinaberryclerkby voiceOur next speaker is Russell Jeffers.

Russell Jefferspublic commentI can't read, Councilmembers. My name is Russell Jeffers, resident of Pickett's Reserve. I've lived in the City of Fairfax for 26 years. Okay. We thank you for unanimously approving the City of Fairfax Code of Ethics on September 9, 2026, for placing, quote, stewardship of public interest and the common good of the citizens of Fairfax first, end quote. Its comply with the law section requires council members to follow applicable laws, ordinances, open government rules, and city policies while performing your duties. That commitment is very relevant as the council considers the highlands of Mantua Master Development Plan. As submitted, it appears the plan conflicts with the City's comprehensive plan ordinances

and public safety requirements. In its April 2026 narrative to the June 2026 Master Development Plan, the developer requests modifications and waivers that appear to excuse deficiencies that instead should be corrected. One waiver in particular has grave consequences for public safety. I'd like to thank the council for having a moment of silence about the tragedy that happened on September 9th that underscores why the city should not waive Zoning Ordinance 351C4, Specific Use Standards for Townhomes. Quote, no townhouse shall be constructed so as to provide direct vehicular ingress or egress to a public street, end quote. Granting that waiver would raise serious public safety concerns. We recommend either eliminating three of the 14 townhouses without front-facing driveways

or moving them to a location where driveways can be built with no driveways for townhouse units one through three and Silver King Court, a public street owned by the city of Fairfax and is heavily used by students from the new school. It presents an accident waiting to happen, I am concerned. With that, we respectfully ask the council to reject the Highlands and Mantua plan as submitted and apply the code of ethics by placing the city, its residents, the rule of law, and public safety first. Thank you.

Melissa Shinaberryclerkby voiceOur next speaker is Joan Goodman.

Joan Goodmanpublic commentGood evening. My name is Joan Goodman. at the new school next door. I'm also the managing member of Potter Urquhart LLC, which owns the property adjacent to the proposed construction site. We're generally in favor of the project, but we are concerned about how the construction will impact the school, students, and staff. In addition to noise, dust, possible road closures, utility shutoffs, and keeping workers separate from our students. Another very important area of concern is how the construction will ensure the structural integrity of the school science building, located at 9455 Silver King Court, and the safety of the students and staff in the building. The 9455 Science Building shares a wall with the applicant's building located at 9481 Silver King Court,

which they plan to demolish as part of the project. It's critical to us that any demolition activities and future construction activities in the immediate vicinity of the science building take place either over the summer break or another time period when the school is on break because the school, that building, is constantly in use, okay, when the school is in session. And the safety and well-being of the students and the staff are of utmost importance. We also require, I don't believe this is part we require that they be obligated to repair any damage to the science building or surrounding school property that's caused by the demolition and the construction activities I don't know whether it's too late for us to have

input into the official construction management plan I hope not we would like to have input. We certainly request that the applicant, you know, keep us very closely apprised of what's going on with the construction and please to take very seriously the issue of demolition while the school is in session. Thank you very much.

Melissa Shinaberryclerkby voiceOur next speaker is Nathan Rickman.

Nathan Rickmanpublic commentThank you. Good evening, Mayor Reed, Councilmembers. I've been at Pickett's Reserve for 18 years, actually, next week. And I've been on the HOA for the last six years. And so I'm very familiar with our property and the surrounding area. So it was interesting to hear your presentation. While I certainly agree that townhomes and residential area would be welcome next to us, It was, you know, I had a speech prepared, but it was interesting listening to you talk in the gymnastics you were trying to go through to talk about how these weren't four-story townhomes. They weren't, you know, going to be overbearing for the community, how you weren't going to rip out all these trees. You did talk about 100 trees that would be replaced and how the canopy that would be

left there is actually only the canopy that is our property, the HOA property that's there. There is not much room between the existing townhomes and the buildings that are currently there. The majority of the trees are actually on the HOA property. There's very few trees that are there that are even on that property and the only ones that are there are going to have to be taken down. As a Fairfax City resident within our community, any time a tree is cut down or modified, if it's over five inches, we have to get city approval. You just talked about modifying and taking out 100 mature trees, trees that have been there in some cases for probably over 100 years. That's one of the reasons we moved

to that community 18 years ago with my family because it was in those pictures that I saw actually didn't appear to be accurate from when I moved in as well. But at any rate, I would strongly urge the committee to look at homes that can be put into that community but would also blend with the area and not negatively impact the area around us. Thank you very much for your time.

Melissa Shinaberryclerkby voiceIs there anybody else in the room that would like to speak on this agenda item?

Catherine ReadAll right. I will now close the public hearing and ask our council if they have questions of staff or the applicant. Do we have another speaker? Okay. Okay.

Srinivasan Goluburipublic commentGood

Russell Jefferspublic commentevening, everyone. I'm Mayor.

Srinivasan Goluburipublic commentI'm living in 14 years.

Catherine ReadHold on one second. I will now reopen the public hearing for your testimony. So go ahead.

Srinivasan Goluburipublic commentMy name is Srinivasan Goluburi. I'm living in the Prickett Reserv community last 14 years. I'm using the office in this Montauk last 14 years. When I moved here, at the same time I'm using. I have a small suggestion. I would like to add only converting all the office places into the townhomes. Instead of that, I am recommending some office place, townhomes would be helpful for me next to the house, my community. It is better to have some office condominiums also. Thank

Catherine Readyou. Is there anyone else who would like to speak on this public hearing? Okay. I will now close the public hearing, and we'll ask our council members if they have questions of staff or the applicant.

Thomas PetersonCouncil Member Peterson. Well, first, it sounds to me like everybody's in agreement that this really should be a townhouse development here, and that's good to hear and good to know. There seem to be some different takes on some facts involved, and I thought it would be helpful to get a little bit of clarification on a few things. Maybe just starting at the top, the question of the public street. My understanding is this is actually a private street, but perhaps staff or the applicant could clear up the designation of the street since that's been raised a couple times, I think.

Albert FrederickstaffIt's a private street.

Thomas PetersonIt's a private

Albert Frederickstaffstreet? Yes, sir. Okay.

Thomas PetersonRegarding getting in and out of that, questions have been raised about safety issues. I'm curious to know in the situation where construction moves forward here and it turns out that additional actions need to be taken in the future to make the entrance and exit safer than they are today, is that possible and have we considered that that may be necessary? And one of the reasons I raise this is we have a road safety study underway as we speak. We know this is a road that's a real hot spot for collisions and other accidents, and we may learn from that process that some additional action may be required to address those issues. And I'm just curious to know if that is in fact the case. Where does that leave us in terms of safety improvements that may be needed here?

Speaker 29From a public works perspective, we can always look into making Pickett Road. a safer road and the entrances at Pickett Road, the aprons that take you into the development safer, but the rest of development is private. So, you know, we could work on Pickett.

Thomas PetersonAnd the current study that's underway is including this section, obviously, as a part of the entire corridor. That is correct. And it is including the potential for this development to be put in place as it's considering safety issues I'm guessing as well.

Speaker 29That is correct. And we've looked as we review the site plan, we look at things like crosswalks and lighting and sidewalk to try and make, give comments to make the development itself as safe as possible.

Thomas PetersonOkay. Great. Thank you. Height issue, just maybe this is a code and standard clarification. I think I've heard maybe two things and I'd like to try to get to the bottom of it. One is that this is a residential standard. The other is that it's a commercial standard and there are different heights associated with each. Could somebody perhaps, Mr. Harden, clear up what the applicable standard here is for height for this particular location? MR.

Brooke HardenstaffI think, Council Member, there was a question regarding whether the bulk plane requirements in the city's zoning ordinance are applicable. Those would not be applicable on this property or in this district. Those apply to residential development adjacent to commercial development and would be a 45 degree bulk plane, you know, as has been described. But that's not the standard for residential adjacent to residential.

Thomas PetersonGiven that, then, is the proposed development in compliance?

Brooke HardenstaffIt's a three-story building. It is proposed at 38 feet. The standard for a residential townhouse district would be three stories and 35 feet. So it is slightly taller in that regard. The measurement is taken to the midpoint of the roof. This proposed development provides greater distance from those units to the nearest property line than would a residential townhouse standard townhouse zoning district provide for. So it does have that additional height but also has additional setback.

Thomas PetersonOkay. Thanks. Trees, and I don't know whether we're going to be able to totally answer this here, but I heard 105 trees removed, it's 112 or some such are replaced. Most of the 105 removed, if I recall, there were eight or nine that maybe it's nine that are dead, 32 that are diseased or in some state of health that indicates that they probably should be removed. But I want to just drill a little harder on that. I have heard from some residents a concern, I think everybody shares in this area about noise and one of the great benefits of trees is that they provide a barrier to noise and consideration here. Of the 105 minus 9 and what's left, have we done the best we can at retaining as many mature trees as possible? Because there is the obvious issue that when

you take out mature trees and you replace them with immature trees, you've got a lag time. And while it's highly beneficial in the long term that this next generation of trees comes comes along that's a pretty long wait for people who live there and I'm just curious how much progress we've been able to make and whether we have maximized that or whether there's still any potential for retaining more trees and I'm specifically interested in knowing whether we can retain trees so that they're not removed during construction can we maybe get a little bit more information about that

Albert Frederickstaffso the applicant has made progress with with the tree plan as each submission has gone forward and the urban forester has reviewed the plan and the urban forester is um fairly um confident that the plan provided has in the right direction and that the applicant has provided a true preservation plan that would consists of saving 96 trees and of those trees more than 50% of those trees that would provide a canopy coverage also within the plan the urban forester has staff has counted that 110 trees will be planted with 65 of those trees being 12 inches in diameter and then approximately 40 of those would be less than 12 inches so the applicant has made quite a bit of an attempt to preserve trees as well as provide new plantings well above and beyond of what's required

by the ordinance the ordinance requires 20% the applicant is looking at around 33% so they've done a you know more than adequate job in terms of what the projects that have been approved for townhomes there above and beyond what those projects have been approved.

Thomas PetersonIt all sounds like there has been quite a bit of progress, although what I'm hearing is the urban forester who's not present says this is headed in the right direction, which is very positive. I think I heard earlier in your presentation that she wasn't able to validate, verify, I can't remember exactly. that

Albert Frederickstaffwas in terms of the of the 20 and 40 year projections that they provided in their uh presentation staff looks at the 10-year uh tree canopy based on the ordinance so there's no way to to um to verify that information they're providing i mean they're talking 20 and 40 years when we look at a 10-year um tree canopy requirement which they meet the 10 10-year uh tree canopy requirement All right. So that was that statement was referring to there, 20 and 40 year projections that they prerogate.

Thomas PetersonOkay. Well, and as I say, helpful. It sounds like a lot of progress has been made. My general question is not compliance with the ordinance. It's whether we've really done all we can to try to retain those trees or whether there's still some potential that's left that we could capture. And perhaps we can circle back to that. But the tree issue has been a sensitive one and I'm just curious about whether we really are at our end point here in terms of how much we can do.

Brooke HardenstaffAnd just to echo Mr. Frederick's comments we spoke with the urban forest manager this afternoon and she certainly reiterated that the adjustments that have been made for example pulling those three townhouse units on the western end of the proposed development forward moving those north away from the shared property line and trees that were able to be preserved and maintained there is a significant change and a significant improvement. And that the preservation component, that over 50% of the proposed tree canopy will be provided through preservation, those are trees that don't have to grow from sapling. those are trees that will exist and maintain today and continue to contribute to that canopy.

So hopefully with respect to noise and those sorts of factors, as you noted, Council Member, that existing canopy will help to attenuate that.

Thomas PetersonOkay. I'm going to leave that point for the moment. I know others have questions. My last Last question, I'd like to reserve the right to come back. It's just maybe the applicant and or staff could reply to, I think, statements that we heard from residents in Pickett's Reserve that there is another option. I think it was referred to as a 3B. Can you comment on what the perspective is on that option from the applicant in terms of its viability? It seems like it's an option that's different. and I don't know that we've seen the rollout for what that might look and why that would or wouldn't work. But if you could fill us in on that, that might be a little bit helpful.

Mark BionniapplicantThank you.

Brooke HardenstaffIt sounds like the applicant maybe is not familiar with that. Staff has seen that proposal from the neighborhood in terms of it would basically reorient the site in a way where the townhouses as proposed are oriented along the southern and eastern sides of the property It would orient the townhouses toward the northern and moving some west as well and moving the street and parking to the southern and eastern portions of the property. It's not a proposal that's come forward from the property owner, and so that's not an application that staff has reviewed. an initial you know kind of preliminary view though councilmember it appears that that proposal doesn't acknowledge that there's a property line in between the

proposed development site and the enclave condominiums that are located to the north and would place those buildings on top of that property line or across that property line, which is not a part of the application, not a part of the ownership of the applicant, and would impact existing landscaping, open space, and tree canopy associated with the townhouse development. Would also move the parking and drive aisle street through the property in a location cause more retaining wall and an infill to occur to hold up a road and and in parking spaces in that area as the topography I think council is familiar it's a top topography slopes away the townhouses can absorb some of that change in elevation by the rear walls and sidewalls of the building whereby a

be supported by a retaining wall that would hold both it and the parking. So in terms of impact of land disturbance and kind of visual impact of a retaining wall look to be more significant than what's been proposed. But happy to, you know, hearing that the property owner, the applicant may have additional thoughts as well.

Catherine ReadChair Greg Musil. Trustee Lee Cross Thank you. Trustee Lee Cross Councilmember Maquillen.

Rachel McQuillenYes. So is this the, I'm sorry, I have a question now for the property owner. Is this the first time you're hearing about this solution?

Mark BionniapplicantWe've heard about a related solution along these lines. And if we can go, the concern we would have with that is you're trying to integrate the town, almost essentially flip where you have, put the townhouses internal and have the road running around the perimeter. Okay. Okay. All right. So at that point now you've got the road coming through there. If you're concerned about tree preservation, you're concerned about, you know, you're going to have to do a retaining wall there, It's going to impact the trees, more clearing, stuff like that. And then we also have, you can see kind of the property line that kind of runs. We have our two open space areas, one down at the bottom there and the one kind of in the center, right?

We don't own that land on the other side of it. That's the enclave, all right? So you don't have enough land to do that. So the goal is if you were to flip that around, say you take those townhouses and you truly do flip that around. Now you have the house road running around the perimeter of

Daniel Alexanderstaffby voicethat,

Mark Bionniapplicantright? Well, then you basically are in a position where you probably end up having more clearance than you would for there. And it just doesn't work well as a community. Now you have also the roadway, the traffic coming there from the school is now going around those houses, a little more securities, and you're having more activity. Those townhouses act essentially as a buffer from the activity on the little road for the school to the surrounding communities. You're putting residential against residential in our current design. So, have we seen a graphic plan that shows this? No. Have I heard about this plan? Yes, we have. Instead, what we did was said, let's focus on what's going on with the trees, with the

buffer, trying to move the houses away as we could, but most sensitively against the houses on Pickett Street. So that's what we did. We moved that in there. The goal all throughout this whole is also not just to just providing a reasonable compromise between the community to the south, community to the east, but also to make it workable within the community within that is Mantua Professional Center area. So that's what we've been trying to do.

Rachel McQuillenThank you. Thank you. Let me get back to my spot here. This is going to be for staff. What constitutes a fourth floor?

Albert FrederickstaffWhat constitutes a fourth floor?

Brooke HardenstaffI want to have Mr.

Albert FrederickstaffHarden answer.

Brooke HardenstaffYes, and I need to, I can pull up the definition. Just give me a moment here.

Catherine ReadWhile they're doing that, I will just add that I think the applicant has stated it's not habitable on the fourth floor. There is a deck and there's storage space. it is not a habitable space there's not clearing ceiling ceiling clearance for it to be a living space on that level so but i'll wait for mr harden to pull up a definition but my understanding from what the applicant said is there's a deck in their storage it's not habitable space

Brooke Hardenstaffthe story is that portion of a building included between the upper surface of a floor and the upper service of the floor or roof next above it's measured as the vertical distance from the top to top of two successive tiers of beams or finished floor surfaces and for the topmost story from the top floor finish to the top of the ceiling joists or where there's not a ceiling to the top of the roof rafters that is that is a story

Rachel McQuillenso how does that differ from what we're seeing here

Brooke Hardenstaffwhat what's shown here is space that is underneath a gabled roof it is not permitted as habitable or occupiable space where there is access into that area it's provided to allow access to the exterior patio space on the rooftop that's facing toward toward the north or toward the east excuse me toward the west depending on the unit the space that is to the rear of that is storage space it is not conditioned for use it doesn't provide habitable space and our code official is not here this evening permitted space that could be used for living space bedroom any of those sorts of things it would be the way you think of an attic in a space it would be attic type space that most of our single family attached homes around the city

have space in the gable portion of the roof that is above above the rafters of the upper story that provides for storage of goods and that's that's what I know there were some questions about windows, and there are windows proposed on the end units. But as townhouses are, most of those units will be completely self-contained without any view or access to the outside the way that an attic would be. And so it's not something, again, that could be used for living space or a bedroom or something of that nature.

Rachel McQuillenDo we know how much space that is by chance? How much square feet?

Brooke HardenstaffWe do. Do you have, I think, 700? I'm going by memory, 750? Come on up. Come on up. Come on up. Introduce yourself.

Speaker 20I do not have the exact calculation of the space, but I would say that two-thirds of the upper attic space is the attic and the other third is the outdoor patio space. so that's probably 400 or 500 square feet for the outdoor patio space but I do want to reiterate that this is attic space it's not uncommon for townhouse space

Rachel McQuillenthank you let's see I did have another question

Brooke HardenstaffI'm sorry actually I just pulled that up And the attic storage space is 372 square feet. And again, there is stairs and or an elevator closet that would provide access to that outdoor terrace.

Speaker 20And there's also mechanical space. There's also outdoor mechanical HVAC outdoor compressors up on that space. Okay.

Rachel McQuillenare on the patio portion. They're not on the internal closed-in area, the non-livable attic space that I'm focused on. Okay. So that you would think would be about 372 square feet. Is that what you're saying? The enclosed area? Thank you. Perfect. And then, so how will construction management plan to handle and protect neighboring residents? We heard here today from the new school and the students regarding the noise and construction?

Mark BionniapplicantGo ahead. We've worked, we've had a really good relationship with our neighbors, you know, in the new school and stuff. And, you know, this design is reflected to ultimately accommodate that. You know, coming up with construction management plans that deal with complex environments happens every day. You know, and so it's just something, you know, we, those good relationships, you know, we want to continue to foster like that. Obviously also when you're talking about children,

Anthony Amosyou know,

Mark Bionniapplicanttalking about children in an educational environment. So, you know, we, if the question was, I heard earlier, you know, it's too late for a construction, it's not. We're, we're, the construction management plan can be

Speaker 15addressed, can be addressed in

Mark Bionniapplicantduring site plan process. And, you know, and it's one of those things to be more informed when you start saying, okay, okay, what are the mechanics of actually taking apart that joint wall? what is your what's your curriculum look like when are you going to be in session when you're not going to be in session you know and also the question was so you know that's all easily workable plan that happens every day the other question is like what happens if we damage their property we damage the building you know we're absolutely committed you know first of all even if we weren't committed the law would make us committed you know if we damage it you got to fix it but you know we're obviously you know as you just with any other project when you do

construction if you damage the adjacent property you're responsible for it you have to fix it You know so that that'd be all part of the construction management plan There'd be a whole bunch of guarantees and you'd like post bond and stuff like that So in case god forbid something happened to someone in terms of the development, you know You know they have someone they can call on without having to rely on taking people to court They have a bond they can take in so that those are that happens every day in northern Virginia

Rachel McQuillenExcellent, so working around their school schedule would be okay that one absolutely challenge. Okay. Excellent perfect

Mark BionniapplicantWe can put that more specifically in the plan. The plan is not drafted yet, but you know, it's hours of operation, days of operation, times of operation, you know, and just, you know, you make it work with a different phasing schedule.

Rachel McQuillenGreat. Thank you. Appreciate that. And then this one is for staff. The comprehensive plan currently designates this property as a commercial corridor, correct?

Speaker 20Yes.

Rachel McQuillenOkay. And residential uses are generally not recommended place type what changed since the plan was adopted that now supports converting the property to residential use

Albert Frederickstaffas part of the comprehensive plan the parcels specific considerations speaks to a portion of the site to be changed to townhomes to accommodate townhomes or lots of family so what you have before you as part of this application is a comprehensive planning amendment so you're changing it from commercial corridor place type to townhome single family attached so that the the comprehensive plan speaks directly to this site being residential there

Brooke Hardenstaffare a dozen or so sites in the comprehensive plan specifically identified that provide for additional recommendations regarding future uses and so as Mr. Frederick noted this is a happens to be a property identified in that way that contemplates a residential a potential residential use.

Rachel McQuillenYeah potential okay but was any analysis done by staff regarding the long-term loss of the commercial land and revenue producing capacity?

Albert FrederickstaffYes Yes, staff has had a discussion with economic development and if you allow, I'll basically read the correspondence between the director and staff. While we continue to study the impact of office to residential conversions on the city and the long-term economic implications, this specific property has not been an area of focus. We have no major concerns with the project as presented. FCED would only ask to be included in any tenant outreach or displacement opportunities to ensure that every business has access to the resources and information necessary to transition to a new space within the city. So the Equinite Development Director has reviewed it and provided comments.

Catherine ReadThank you. I appreciate that. Thank you. That's all. Council Member Hardy-Chandler.

Stacey Hardy-ChandlerGoing back to, I think it is slide eight, they're not numbered so I can't tell. There is a slide where there is an overlay with the existing buildings. Can you talk about your attempts to sort of preserve the layout in alignment with what's there already and what went into that?

Mark BionniapplicantRight, yeah. Sure. Sure. You don't see here and probably the defect of this slide is you can't see where the existing roadway is. Yeah, but if you imagine the roadway kind of runs in front of those buildings and like that. And the goal was if we're going to make ultimately a good quality reuse of this property and with a community that, you know, frankly the city can be proud of and it's vibrant and stuff like that, the thought was when you look where the townhouses are on the first thickest townhouses like that, they're generally in line with where those buildings are. All right? those houses there and then the other town the other thing kind of takes the townhouses 10 through 14 those take those out if we move those townhouses

there we had a better chance to kind of create some critical mass in the center portion you know the first open space area that you really would not have happened really would not have had yeah because you'd have basically the road kind of running right through the middle of that open space area so the thought was okay like that you know part of this was how do we take what we have in terms of how these three properties dialogue together and make it better. You know, the Enclave has a nice open space area, but it would be better if you had a larger nice open space area in the center of the portion. You know, if we can go ahead and do that, but then we take the road and wrap that around there, you know, take that, reduce the size of that road down to 23 feet, you know, to

point that it's safe like that, but also make it one directional. You know, that allows better for stacking, that allows more parking for us and for the use those and the thought was okay we could do that and we just felt like frankly we just came up with a better design in terms of a community where would you if you're not just buying a townhouse it's buying into a small community and having the amenities and having the trees and the open space and having dialogue well with so just from a design standpoint that was really kind of how dictated we went from the red dots the red squares to the townhouse the way it's laid out right now

Stacey Hardy-Chandlerthank you and i also appreciate your response regarding the comment in collaboration school you talk about it happening every day I get that but it may not happen to that school every day so maybe you can speak to how you have worked with other adjacent properties in the past to navigate some of those concerns that were voiced right

Mark Bionniapplicantwell I'll kind of take you kind of kind of clockwise starting with the new school I think we've talked about we I think we've had a pretty good relationship with them we intend to continue to have a pretty good relationship with them you know working through the construction management but also just as the community you know we're really going to provide kind of a runway for their way their traffic's coming in there and you know and do so in a much more safer manner so that's one way we're doing it and it will handle their construction in terms of impact but post post development I think they'll work well together with regard to going to the Mantua community we've reached out to them we had good

conversations with them you know they've been kept we've sent information they provide notices we've gone ahead where their trees are being their fall falling down or the trees are diseased those trees are going to be reestablished with new planting stuff and the boys basically preserving and enhancing that buffer there when we were planning commission there was one comment that came in from someone who was not an area resident saying could you provide a pathway through there and we chose not to do a pathway through there because that would really kind of revolve require taking down additional trees the goal is to really provide a meaningful and substantial buffer for those folks and for our residents too so that's how we've

worked with the Bantua community. With the Pickett's Reserve community, obviously you have a lot of residents here from Pickett's Reserve that are gonna say they're not happy with what they're seeing here. Recognize that, every time properties change and get redeveloped, there's gonna be change and that's a little jarring. In the exhibits we saw that that happened with the Pickett's Reserve community there. We have gone ahead, we have moved those townhouses up. We're committed to, Council Member Petersen asked about trees and stuff like that. It is an iterative process. approved today it doesn't end here you know we went out the day before the Planning Commission hearing we said okay can we move these things here maybe save

some more of these trees you know no one wants to take down big trees no one wants to take down mature trees but you do want to have a buffer that has a lifespan and is constantly renewing and you've got to have accommodated development there so that's why we're doing you know providing over 20 well more than the 20 percent tree coverage that we're required to do and you know if we get this project approved and this project you know in response to some We added new trees on additional trees beyond what was proposed in the application. But if you get through site plan and there's an ability to save more trees, why wouldn't you do that? You know, I would note that, you know, when the Pickens Reserve Committee came in, you know, there was a lot of clearing there.

One of the things that was important there and it was recited by Planning Commissioner Cunningham was there was a champion tulip poplar there. And the thought was, okay, save that and, you know, have that be an amenity. And unfortunately, the tree died eventually. You know, all these trees, even as large and as beautiful as they are, they will die. So right now we're trying to preserve as many as we can, you know, and allow our development forward, but also to recognize that even as beautiful as they are, you know, they will have a lifespan. And, you know, it's sad when a tree goes down, but there's another tree there, you know, ready to take their place. It maintains the buffer. That's our commitment to the folks to the south of us.

You know, on Pickett Street, you know, we're, you know, it's just a street, really. And then, you know, to the north of us, the Enclave, part of what we're trying to do there is, and we've got a letter in here from the folks at the Enclave, was to take their open space, make that larger in collaboration with our property. You know, and again, that carries kind of a small little central park for the entire community. You know, our open spaces, both there in the center and on there, those aren't restricted just to our residents. You know, and practically speaking, people are just going, if you're out there and you're walking your dog, you're out there with your kids and stuff like that, no one's going to know that, you know,

I'm on the Enclave, but by the time I get to Fred, I'm over on our Town House Committee. The goal is to have them all be seamless and work together. And so essentially to provide additional buffering, additional landscaping, additional open space in the MEDIS to make it really what you'd want to see as a residential community. And we will be residential if we're approved. They are residential. It will work well together. And that's the thought of how we try to work with all the folks around us.

Catherine ReadOkay. Thank you. Councilmember Hall.

Stacy HallThank you. I have a couple of questions for staff. and I think some for the developer. What could go here by right without any additional requests, changes, et cetera?

Albert FrederickstaffSo this is part of a previously approved plan development. So you could have uses like retail. Of course, office could go there by right. personal services those types of uses so if you're thinking like that's a gas station no wouldn't work there but office or uses that would that would basically fit within the confines of the office buildings there and in terms of parking so the uses wouldn't be too intense but they will be along the same lines of commercial retail uses and it based on the parking and things like that so you know but if you're thinking it's going to be more intense on it in terms of the type of uses I would say there would be retail oriented or personal services those types of uses

Stacy Hallokay so you couldn't have like a storage And what is the max height if it were to be redeveloped by right with retail office personal services?

Brooke HardenstaffThat.

John Chopublic commentJust

Brooke Hardenstaffto chime in there. So it's a, what exists today is a planned development. Now this goes back to 1975, so it's a little different than what we have today. but as mr. Frederick noted the buildings the layout of the buildings the parking how it's oriented all that is is locked in by the plan and so if you wanted to build something bigger or taller the plan would need to be amended so what is approved there is what's there today as part of the plan development that that was approved there's not a general district underneath this that would allow for additional height or different building dimensional standards it's what's out there okay

Stacy Hallso if someone wanted to come in and just update what's there they could essentially tear down what's there and rebuild same height same footprint those kind of things is that what you're saying or they would just need to modify what's there and renovate

Brooke Hardenstaffyeah I would hate to go too far with that But they could reuse the buildings for different types of uses.

Stacy HallOkay.

Brooke HardenstaffBut by and large, the buildings themselves would need to stay in their current configuration.

Stacy HallOkay. Thank you. And I think maybe it's just me. Everyone else hasn't had a question yet. But I'm having trouble understanding the one way. Is all of the traffic for the new school and the Enclave now going to use this new road in and then go around and then come up and back on Silver King Court? MR.

Mark BionniapplicantPractically speaking, Silver King Court is two ways and the existing road we have in front of the office buildings are two ways. You know, Silver King Court will remain exactly as it is. All right. What we're proposing to do is what practically happens is people just end up using the road right in front of the office building. You just have, you know, it just, you've seen schools before. It just kind of parks there and it's kind of get in, get out, get in, get out, get out like that. But you have the ability to go two different directions. Our goal here is to make that just go one direction. So vehicles can only come in off picket onto Silver King and then take your first right off Silver King into our road.

And then they can go kind of counterclockwise around our road out there to get back onto Silver King in the process of doing so when they leave the northern terminus of our property, they're in front of the school. And so that's the goal. I don't know if that answers your question.

Stacy HallSo Silver King will still remain two-way traffic. Yes. But the goal is to funnel traffic in front of these townhouses.

Mark BionniapplicantPractically speaking, that's what basically happens right now with the existing office buildings. And so recognizing that, you know, and that bypass is two-directional, this would change that and make it one-directional. So you would not have a – it would be safer.

Stacy HallOkay. And I don't doubt that it would be safer. I'm just wondering people now are having a street that's a one way right behind or in front of their houses wherever they are And now you have I don't know how many students to be honest or at the new school. I assume hundreds Thank you, so I don't know what the stacking is there. I know we're not allowed to ask questions and dialogue back and forth here, but I so residents that moved in here would expect potentially to have essentially a kiss and ride line In the morning and in the afternoon as they are coming to and from school.

Speaker 30Yes,

Stacy Hallthat's correct. Okay. And then residents from the Enclave could choose to come here to then go to their house if they didn't want to go up Silver King Court for some reason.

Mark BionniapplicantThey could. Say there was a utility work in the middle of Silver King. Silver King was closed down. That's the way they would do it. And then obviously they would have to, if you, well, we can't see here, but there is a northern entrance for the Enclave, actually for everybody. road uh there's this entrance here exactly thank you and then there's an ordinance so you know you could if you wanted the enclave you know say for whatever reason you could use us as a bypass there but you could only use it one way you know you would still be able to leave the committee but you just leave the committee through the northern entrance way that makes any sense

Stacy Hallyeah no it does thank you i've only ever come in from that entrance closest to pickets reserve and I do also recognize that it's it's a change of behavior and right now with who is occupying those office spaces I imagine it's very easy to just go along that because it's a lesser traveled road I'm sure the new school likely encourages that for stacking purposes and for child safety but I won't say that's for sure that's just my speculation on it I'm curious what proffers are being offered. You mentioned that there were city school contribution and park contribution. MR.

Mark BionniapplicantThere are a set of conditions being, I think, with their date of June 15th, I believe. MS.

Stacy HallI'm sorry. I'm having trouble with my laptop, so I wasn't able to search for a few things. MR. It's a big

Mark Bionniapplicantreport.

Stacy HallMS. It is, but I need to give my laptop to Melissa before we leave here. I press a letter and it just keeps doing that. MR. Let staff respond on that.

Albert Frederickstaffwhat's being for the commitments there, commitments for public access, townhome parking, bicycle racks, shared parking, sustainable design, landscaping and screening, stormwater management, construction management plan. There's a proper for, or there's a commitment for recreation, amenity contribution, that's $376 per unit. and Scholes is I think that's it I don't go ahead Brooke if you have I think I missed on a page give me just a moment here

Brooke HardenstaffI believe that's okay so

Stacy Hallwhile you're looking for that one so parks and rec park and recs and amenities 376 per unit times 14 units works out to $5,264 okay

Brooke Hardenstaff376 per unit on parks and 600 per unit on schools so

Stacy Hallthey're contributing $8,400 dollars to schools.

Speaker 30Okay, which is

Stacy Hallabout one-third of the cost of one year of education. So thank you for that information. So I recognize that you're saying you went from four stories to three stories because the perceived fourth story is deck and storage space. What I'm not totally clear on is that per the small area plan, three stories is 35 feet. I thought per the plans that were here that you're proposing 38 feet, but I think one of the speakers said it was 43 feet. Can you answer, respond to that?

Mark BionniapplicantThe project was originally proposed. It actually was significantly told, about 48 feet in front of the townhouse. So it was an initial full level on top of that. that came down to three stories in response to the comments by county staff. You need to be three stories. And so when you look at this and the exhibit there, what we did was essentially just say, okay, we will go ahead and we will just essentially do, if you take a standard kind of three-story townhouse, and you just say, okay, I'm going to put a rooftop deck on the front third of it. Beyond that, everything else is pretty much exactly as you would have there. I mean, we lived in a townhouse like that when we first got married. That's actually where all the Christmas decorations would go and stuff like that.

You just kind of walked up there, you shoved up there, and you just dealt with it this time next year. That's essentially what we're proposing to do. The only difference being that we're going to have a front deck. Now, the way the city measures under the zoning ordinance is there's the, it's an analysis of what the difference is on the angle of the roof. It's weird right now. Exactly. It's a technical thing. That's where our 38 feet front comes from. The peak of it is 43, but as it's measured for the zoning ordinance, as it would be for any other house, as it would be for any property in Pickett's Reserve, that's the measurement we use on the zoning ordinance.

Stacy HallOkay, so it's fair to say that the small area plan calls for 35. You are asking for an exception to be 38, which then gives a 43-foot roof, which is not your fault, for lack of a better word.

Mark BionniapplicantThat's an accurate reference of the facts. Okay. That's everything you can calculate.

Stacy HallOkay.

Bill Rotingpublic commentJust

Brooke Hardenstaffto be clear, Councilmember, the 35 feet that's mentioned in the comprehensive plan is to the midpoint of the roof.

Stacy HallRight. So this is three feet above what is recommended in the comp plan. Okay. I appreciate it. I feel like I had one more question, but I'm not seeing it right here, so I will pass the floor and come back if needed. Thank you.

Catherine ReadCouncilmember Amos.

Anthony AmosI only have a couple of questions because I think all of my other questions were already asked. quickly touch on these I'm glad to hear about the construction management plan I read the letter from the new school and was concerned about that but just frequent dialogue during that process if this were approved I would recommend would be mandatory and expected two things I wanted to touch on first there was one comment regarding the heightened setback when we were originally looking at sudden Heights and Barristers keep versus this project if we could just get little bit of context from staff on what the difference is and how we feel that we got to this point rather than what was proposed outside of the the usual I

imagine larger site and some other things like that.

Speaker 19Yeah it's a great question. So the the fundamental difference between Barristers Keep and Pickett's Reserve is the inverse of the situation here in that there's a gray differential where the Metro Church site which is now Sutton Heights sits up 10 feet above the neighboring barrister's keep, whereas here the reverse is that Pickett's Reserve is higher than the

Scott Coombepublic commentMantua Professional

Speaker 19Center site. What was also provided in the Sutton Heights project was a 50-foot buffer along the side of that project, which resulted in that buffer is the required open space for the site. They just chose to put it there as part of the negotiations for a little more buffer. it to that part of the site. Now the closest unit though from the closest unit on Barristers Keep to the closest townhouse unit is 70 feet versus the over 100 feet here.

Anthony AmosThank you. The other question I had and this is just for confirmation we've talked about the one-way throughput traffic the new road and this is all good with fire and code, and we feel confident that we can safely enforce this.

Albert FrederickstaffThat is correct. The fire marshal has reviewed the plans, and they don't have any issues with the plans as presented.

Anthony AmosOkay. Thank you. I appreciate that.

Catherine ReadCouncil Member Bates.

Billy BatesFor some additional context, talk about the you know how the the distance from the existing single-family homes to the new townhouses compares to the recent breezeway hotel and Fairfax Garden apartments redevelopment

Albert Frederickstaffsure so the breezeway so the breezeway the nearest home on 2nd Street is approximately 25 feet from from the single-family from the back of the townhomes that are that are but 2nd Street so you have a setback of approximately 25 feet so in terms of this project you're looking at 40 feet 43 feet and 37 feet so if you get there's three different sticks and the setbacks are beyond what was approved for a breezeway yeah up against the second street

Billy Batesand for Sutton Heights is about eight to ten feet above there is keep for this do you know how many feet roughly it's the gray differential is below pickets reserve

Albert Frederickstaffif you give me a second. I'll get that number for you.

Billy BatesAnd and also you're looking for that. Just to clarify, pickets reserve the, you know, the one or two houses that would basically be adjacent to this property themselves have about three stories above ground facing this property plus a significant attic space above that. Is that right?

Brooke HardenstaffThat is correct.

Billy BatesThanks. okay

Albert Frederickstaffso I don't have the exact number but the it's there's a significant elevation between both properties in fact the Prickett's Reserve is is at least if I had if I'd guess I would say at least 10 15 feet above so they're they're the backs of their units will be looking down towards towards the townhomes or for by the table

Speaker 20so

Albert Frederickstaffand then of course you have to consider also in the fact that there's a significant distance between the back of the units as well as the tree tree preservation it's going to be there and the existing trees that are on the HOA property for for figures or

Billy Batesthank you it's very helpful that's all for now thanks.

Catherine ReadCouncil Member Amos.

Anthony AmosSorry just a quick point of clarification on the comment raised earlier so use this may be directed towards the applicant I don't know if staff has this already so 65 out of the 110 trees would be more than 12 inches in diameter for is that correct? Did I hear that correctly or was that inaccurate?

Speaker 19Just to clarify that one, out of the approximate 105 trees to be removed, 65 of those are over 12 inches. Thirty-five of those are under 12 inches. Staff would consider planting of new trees to be directly comparable with smaller trees that are less than 12 inches.

Anthony AmosThank you. I'm glad you corrected that because that did not make sense to me when I thought I first heard it. I wish we could

Speaker 19plant large trees, but.

Anthony AmosWere it so easy.

Catherine ReadCouncilmember Hall.

Stacy HallThank you. I finally had to read my handwriting here. If we can go back to the driveways, which is on the screen right now, is there a concern with driveways or with garages opening directly onto the street? Is that a staff issue? Is that a safety concern? I'm curious what the footage, for lack of a better word, is, what the distance is between the edge of the garage there and the street itself. we have that information available so

Albert Frederickstaffthere's there's no concern from from staff perspective in terms of the distance between the garage and in the street in fact a lot of times the building official would rather see it either it's closer to the street or provide a full debt so in this way you don't have a card basically trying to park within that space there's not an adequate

Daniel Alexanderstaffby voicespace to put a car there so

Albert Frederickstaffyou know so in terms of preference of what the building official would like to see this is you know something that either you provide a full debt for a car which is basically 18 feet or you do that or you eliminate that space which they've basically done that

Stacy Hallokay and is that just in the first three townhouses or was that in all of the townhouses

Albert Frederickstafffirst three townhouses they move those units closer to the street to help accommodate for the separation to the adjacent property again right I

Stacy Hallunderstand that but the other ones then they still have sufficient room for a car to park in the driveway as well as the garage

Albert Frederickstaffthat's correct

Stacy Hallokay and then this is a question for the developer And I don't I'm sorry if

Speaker 19you wanted specifics the driveway lengths or I'm not gonna call them driveways The entrance lengths are between six and ten feet. Okay, that's comparable to a number of units in the city Mount Bingard for example or the breezeway.

Stacy HallOkay, thank you And I don't know if you can answer this question or want to answer this question. I will totally defer to what you're allowed to say, but if the rooftop deck Were to be eliminated and it would be more of a normal style roof that would make The residents or some of the residents next door happier How much of a decrease in your sales price would that? Bring I

Mark BionniapplicantDon't know I'm not I have a law degree and political science degree, so I'm not really that the number so I'll have to defer to the I think the rooftop deck is an option. Well,

Cam Lewisapplicantit's there. How's the channels?

Stacy HallGot to get on record. You guys are all getting your exercise tonight.

Cam LewisapplicantCam Lewis, applicant for our jail associates. We haven't done any studies on market pricing or anything like that or what a rooftop deck would get. But, you know, basically that rooftop deck, you can access it and sit on it. It has HVC equipment and a door into the attic space, which that attic space is not 300, 400 feet of clear space. This is a sloped roof, so you lose headroom as soon as you get in there. But to answer that question, as far as I can, we haven't done any studies on the market.

Stacy HallOkay. So then from your perspective, then, what is the downside of making this a true three-story townhouse and eliminating that option or component?

Cam LewisapplicantI think today's market would want a rooftop deck. I think it's an amenity, honestly. But we, by addressing the concerns of our neighbors to the south, I think it became a better product because we had the rooftop deck oriented towards their community by flipping it around. I think it helps this townhouse community as well as theirs. So they get, they're afforded privacy. They're just looking at a shingled roof. And then from the front, there's really no neighbors that get affected other than the enclave.

Mark BionniapplicantI think the goal also was to produce a beautiful community. I think that's what the Architectural Review Board liked. We did take this thing through the Architectural Review Board. You're trying to provide needed housing. You're trying to provide needed housing in an area for where there's a particular need within the city. But you're also trying to provide, you know, it should make the community look good. was this is a way to provide additional amenity that looks good and frankly you know maybe invite people you will be this place people want to allow to interaction you know it just it makes the community itself

Stacy Hallyeah no i i don't disagree with you i was just curious if you if there was a burning desire financially for it or if it was simply because a lot of the other communities have something similar and i'm just curious

Mark Bionniapplicantdon't think the decision was based economically it was more based on compatibility and well

Cam Lewisapplicantwe thought about it it is an amenity that you see in a lot of townhouse communities i think it's it's a valuable asset to this community thank you very much thank you

Catherine Readother questions from the dais all right then i will there are a series of motions for this application is there a motion for the comprehensive plan amendment council member

Stacey Hardy-ChandlerCity Council adopt the attached resolution recommending amendment of the comprehensive plan of the City of Fairfax, Virginia from commercial corridor place type to townhouse single family attached neighborhood place type on the future land use map property indicated as City of Fairfax tax map parcel 58-2-10-0001-A1.

Catherine ReadSecond. a motion has been made by councilmember Hardy Chandler and seconded by councilmember Peterson is there any discussion on the motion councilmember Bates

Billy BatesI just want to say that I've spent a lot of time going over the project going over the zoning ordinance speaking with staff the applicant and neighbors and I think that a lot has hopefully been clarified for the community tonight and i think it's abundantly clear that staff has done their due diligence on this project which was never in doubt as far as i'm concerned and i believe that this project would be a more effective use of the site here and would provide much needed housing to the area um and the uh i want to thank the applicant for working with us to try to make some improvements to the project along the way.

Catherine ReadThank you. MS. Councilmember Peterson?

Thomas PetersonWell, yeah, I agree. There have been a lot of very helpful clarifications. What I'm not sure of is that we have yet a common understanding and confirmation of them. I really appreciate the clarifications that have been brought by staff, by applicant. I've also appreciated very much the questions raised by the residents here. And it seems that based on that, potentially a lot of the questions that the residents have had either have been or could be addressed or could be resolved. On the other hand, the information we've received this evening and the discussion around it includes information that just came about this evening. And it's a little bit difficult to make a decision when we haven't had a chance to digest it

a common understanding on this. And so I personally think it would not be unreasonable for us to give this a little bit time to do that. I also do not want this to be dragged out. I think it can and should be resolved sooner rather than later. But I would certainly suggest, if other council members are amenable to this, that we try to give this a little bit more time to confirm a common understanding that I think has come out of this discussion this evening. and that would alleviate some of the concerns that we've heard, I would hope. Are you suggesting a substitute motion, Council Member Peterson? Well, it could be a substitute or it could be amended. I'll turn to the attorney to ask my best to do that.

Brian Lubkemanstaffby voiceIf you're proposing deferring to a date certain, it's a substitute.

Thomas PetersonI would propose that, but I would also propose that we discuss that date certain. Again, I don't want this to be unreasonably delayed, be open to what that date certain would be looked like.

Brian Lubkemanstaffby voiceChair Greg Musil. So in terms of process, I would suggest you get a motion on the floor and then there can be discussion about modifying it.

Thomas PetersonTrustee Lee Cross I'd like to move that we defer this to a date certain to be discussed. Chair Greg Musil. No. Sorry.

Brian Lubkemanstaffby voicePick a date certain.

Thomas PetersonTrustee Lee Cross Okay.

Brian Lubkemanstaffby voiceChair Greg Musil. I think we would, the next meeting is the 13th of October. Next regular meeting.

Thomas PetersonChair Greg Musil. Is that possible? Trustee Lee Cross Okay.

Speaker 19I think the question we would have is what are the expectations for additional information and change if the applicant is to provide any design documents that would have to go through a complete staff review which would not allow for the next meeting. MR.

Brian Lubkemanstaffby voiceAnd the other thing I would add is the legal status of this. This is an application for rezoning with a master development plan. So it's pretty much you all are looking at what's before you right now in terms of the plan. It's not, as he just mentioned, if there are changes that the applicant desires to make, that's one thing. Obviously, the dais can't impose any changes on the plan. plan, but you have to take the plan as it's presented. That's the process. So either vote it up or down. So the same comment that he has is one that I'm wondering as well is what type of information could be provided that hasn't been provided?

Thomas PetersonWell, I think one question is whether new information can be provided. The other question is whether the information that has been provided, for lack of a better term, can be digested a little bit because we've had new information this evening. material in terms of addressing concerns. On the other hand, it's kind of new. And it would be helpful to confirm that we have a common understanding that would not require any suggested changes to this such that we could go forward.

Brian Lubkemanstaffby voiceChair Greg Musil, So are you suggesting that your motion would be simply to defer action to a date of October the 13th, but that there be no follow-up by staff? Is this simply to allow you all time to evaluate this a little more? The

Thomas Petersononly follow-up by staff that I would suggest is that there be an opportunity to be available to work with the community to really confirm the responses that have been provided this evening on the questions. I'm having the sense that while those responses should address concerns, they may not be completely understood yet. So I would just say that the action would be information sharing between now and then. I'm not asking for anything in addition to that.

Brian Lubkemanstaffby voiceAnd again, only asking, and I'm sorry, Mayor, what form would that interaction take? Because the legal process is what's before you this evening, a public hearing. And I'm just trying to understand. Obviously, staff will do whatever the council wants to do, but we're trying to understand what that interaction would look like between now and the 13th, considering that the public hearing has been closed. before you at this point is consideration of the applications. MR.

Thomas PetersonIs it possible for the Council to be able to have dialogue in that period

Brian Lubkemanstaffby voiceof time? The Council can always interact with residents and always does.

Thomas PetersonMR. Well, then maybe that would be a helpful thing to be able to do if there is no other avenue here, but I do think it would be a good idea to be able to do that. And so my motion would be to give us until October 13th to try to do that. MS.

Stacy HallIs there a second? May I comment first? have a second if

Brian Lubkemanstaffby voiceI would suggest you second it just have the motion on the floor

Stacy Hallokay I will second the motion then right and so there

Catherine Readis their discussion on the motion council

Stacy Hallhall thank you I think this is something that we see frequently and it's no discredit to this plan this developer this proposal I really dislike having a public hearing having it closed and then expecting a vote immediately after I think there are a variety of reasons for that I think that sometimes when you have a public hearing people all of a sudden at home are watching and they're like oh I have a thought on that I have an idea I want to make sure that I still reach out to counsel about that but I also think that there's a big onus on council to either walk in with the decision already made because you already feel some way about something or to be able to ponder and sit here and think through the things and I just don't think we've had a a

serious conversation about this I can't think of the right word but we've had a serious conversation about this tonight and I just think that there's needs to be time to absorb and and that's that that is why I don't like voting immediately after public hearings so to me this would be an opportunity to absorb thank you

Catherine Readcouncilmember Hardy Chandler

Stacey Hardy-ChandlerI appreciate those perspectives but this is not the first exposure to this information council has had opportunity to have individual briefings to ask questions to get information in a lot of ways leading up to this and this is additional information adding to the breadth of information we've been offered previously so I am NOT in supportive of delaying this any further the information that we have had the opportunity to dig into to reflect on leading up to the conversation today has been extensive. So I want to, I'm supporting moving forward with this project. Any, Council Member Bates.

Billy BatesYeah, on that note, I was wondering, Council Member Peterson, if you could talk about what new information was presented tonight that brings this to the level of wanting to defer that is needed.

Catherine ReadCouncilmember Peterson. Thank

Thomas Petersonyou. Well, trees, in terms of the numbers, I mean, I've heard from residents the concern about 100 trees and wanting to minimize the number that can be removed. I think we've heard tonight comments to the effect that this is headed in the right direction, but it may well be that we could get a little bit more clarity even than that, that this is more than just headed in the right direction. This is really reasonably done all that's possible. We've heard clarifications on the status of the public versus private street. It sounds like that ought to be relatively straightforward, but that has been a concern, and it would be good to make sure that that has become clear so that that is no longer an issue that the community has,

because attached to that has been a concern about road safety. We've got Pickett Road, quite a situation on Pickett Road, and I think to Councilmember Hall's point, We're just trying to absorb what's going on here with respect to the impact that this has on safety. I would just say also it's my understanding that the presentation that we had today, which was very helpful, was made available just late this afternoon. And not that there's anything incorrect with it, but to Council Member Hall's point, that's a short period of time to be able to absorb new information, not just for us, but for people who are listening. And I think we sort of have the right, if not the obligation, to hear how people feel

about this. There are a number of other things that came up in terms of issues of fact here where people have different viewpoints. It would just be very helpful to confirm that we get a common understanding of those so that we can move forward without unnecessary conflict in the community. And I do believe that we should strive whenever possible to avoid unnecessary conflicts in our communities when what is standing in the way is a difference of viewpoint on facts that can be resolved and if it takes a little bit more time to do this so that community conflicts are eliminated then I think that it is in the city's best interest to do so councilmember Bates

Billy Batesso you know thinking Thinking about that with regard to tree canopy, I'm still not sure what's new there. We've been seeing the same thing here, as was mentioned, for some time now in a work session and one-on-one briefings, other than, of course, the additional 1.3% of the area that was mentioned by the applicant, which I personally wouldn't see as within itself a reason to defer. and with regard to the street it's been consistently stated throughout the process by staff that this is a private street that's one and done as far as I'm concerned I don't see what else there is to clarify regarding that and you know especially within the context of trying to minimize further conflict I think that's been clarified and that that should just you know be the end of that

issue there other than that you know the the pickets road the picket road safety audit is you know a separate project and this site here does not directly have access on picket road it's on Silver King Court which you know connects to Pickett Road, but this is not directly even on Pickett Road itself, the road access point, as you know what I mean. So, again, I'm just really not seeing what there is there that is significant enough to justify delaying this vote when we've already had significant public engagement and work sessions and one-on-one briefings. Thank you.

Catherine ReadAny other discussion?

Anthony AmosJust wanted to reiterate my thanks to staff, to the community members, and for everyone being so well engaged. Definitely after we took, I guess you could say like a year break on this, getting caught up to speed in the one-on-ones, meeting with community members, meeting with my colleagues to really discuss it a bit further. There were two things that I, one, a question slash comment directed towards staff. if this were approved for example wanting to look at how can we save more trees obviously incorporating some of the residential feedback and the new school feedback that get that will also be taken into account in the site plan and permitting process as well as a construction management plan

Albert Frederickstaffso if this project is approved tonight the applicant will need to go through the site plan approval process and so the that there's language in the Board of Ark the Board of architectural review conditions that gives the arborist some flexibility I'm gonna turn to mr. stuff and to make sure that I'm thinking of this isn't right

Speaker 19in the right manner. That is correct. We build a flexibility in because as engineered and thick as the plans that you all see are, they're not construction plans. They don't detail every utility and every subsurface condition on a property, particularly things that are in a field that are discovered while the shovel's in the soil. As part of that, our arborist is out there evaluating and field conditions and also has the opportunity to work with the developer to think through the routing of utilities and the width of those work zones that can tighten up those tree buffer areas. So Mr. Frederick used good terminology before it's getting there. It's a work in progress. It will be until those final construction

documents are actually sealed by an engineer. Thank you.

Anthony AmosAnd then my only other comment is in terms of any substantial or new changes being observed with this proposal, I think back to when we deferred the courthouse decision last year and in that timeframe we got a relocation plan, a new connection, incorporating some of the staff feedback for a potential phase development. That was very substantial. I'm not sure and I'm not quite seeing that here. Based off of the feedback I've heard tonight, a lot of this information is, I believe, was already provided. And I think I've had a good enough time to digest and be prepared to make a decision tonight. So I likely won't be supporting to defer it just because I don't feel like I would be able to defer it based off of the project itself.

And I just don't feel comfortable doing that.

Thomas PetersonCouncilman Peterson? Well, one issue that came up that I think is a bit old and new both is the 3B alternative. And I appreciate that that's not been something that the applicant has actually formally been able to review and opine on in terms of its lack of feasibility or desirability. We heard that this evening. We heard a live discussion. It was very helpful. I think what I heard from the community is a belief that there is another option. What I heard from the applicant and the staff is that really that is not a viable option. And that's a very constructive conversation for us to have had, but that was a new conversation. And that's precisely my point that that kind of conversation is something that would be

helpful for us to absorb and make sure that we're clear on that. I'm just noting this is something new that came up this evening and is something that is of substantial interest to the community that I think deserves to be put to bed. Thanks. Council Member Bates?

Billy BatesAs I recall, the community actually sent that along with some other alternatives out to all of us some time ago and I actually recall having a similar conversation about that alternative with staff during my one-on-one briefing prior to tonight as well. Thank you.

Catherine ReadAny other comments on the substitute motion?

Anthony AmosA roll call

Melissa Shinaberryclerkby voicecouncilmember Amos

Anthony Amosnay

Melissa Shinaberryclerkby voicecouncilmember Hall yes councilmember Hardy Chandler nay councilmember Peterson aye councilmember Bates

Billy Batesno

Melissa Shinaberryclerkby voicecouncilmember McCullough yes Mary

Speaker 13nay

Melissa Shinaberryclerkby voiceback to the

Catherine Readnow to the original motion that was made by councilmember Hardy Chandler and seconded by councilmember Peterson is their discussion on the original motion for the comprehensive plan amendment

Thomas Petersonyes

Catherine Readcouncilmember Peterson

Thomas Petersonjust we heard was it from you the procedure going forward from here in terms of site planning, et cetera, that there's flexibility within that procedure for modification. I may not be choosing my words as precisely as you do. Can you once again state how much flexibility is there within that process as we go forward here? If assuming this is approved, how much flexibility is there for any sort of modification that could be considered to address things that come up from here forward?

Speaker 19Certainly. Pertaining specifically to the trees, the condition would provide for the city's urban forest manager to evaluate the site to select additional opportunities for planting and preservation. In essence, tighten things up where it's more generalized at this level here today. That also allows the flexibility for Ms. Safford to substitute species based on slope or soil conditions and ask for improvements with soil conditions and things of that very specific engineered standard.

Thomas PetersonWhat about the entry and exit if it turns out that there are some modifications needed for road safety purposes? To what degree could those be considered?

Speaker 19I would probably defer back to Mr. Summers. Certainly the city can make whatever necessary changes are needed on Pickett Road itself, specific internal to the site. That would require an MDP amendment and the private entities coming forth with any internal changes.

Speaker 29So transportation reviewed the internal circulation of the proposed one-way street and how it meshes with Silver King Court, and they didn't have any concerns. They felt that during the site plan design, my staff will make sure that there's adequate lighting, pedestrian safety, crosswalks, the sidewalk construction, and everything is meets standards as far as pedestrian safety. But as far as looking at the geometry you're talking about, we didn't see it. We didn't have any concerns with what was proposed on the private property.

Thomas PetersonYeah, I think what I'm wondering is whether there's some degree of flexibility in case something that we didn't already know about to this stage comes up as a consequence of the study we're doing with road safety on pickets on Pickett Road and that tells us, you know, we need to do something additional here. I don't know whether that's a completely separate issue that gets dealt with and not within Well, I'm just asking because it falls into the basket of flexibility.

Speaker 29I would see it as a separate issue.

Thomas PetersonOkay. Yeah. And I would take it that things like the height of the building and the location of the building, those are not things that would be in the modifiable set going forward, or would they?

Speaker 19The siding, the location of the buildings is fixed if the MDP is adopted. The height cannot get taller. If the applicant chose at the time of permitting to make the roof lower, they could do so. that as part of substantial performance that happens on numerous new construction around the city where they may have something they they don't need a couple extra feet here or there and the building gets shorter can't get taller though it is locked into a maximum

Thomas Petersonokay thank you good to know

Catherine Readany other discussion on the motion

Thomas Petersona

Catherine Readroll call vote

Melissa Shinaberryclerkby voicecouncil member amos aye council member hall aye council member hardy-chandler Councilmember Peterson aye councilmember Bates aye councilmember McQuillan aye motion passed unanimously is

Catherine Readthere a motion for the zoning map amendment rezoning and amend the existing general development plan council member Hardy Chandler

Stacey Hardy-Chandlerbased on the public convenience welfare and good zoning practice with respect to rezoning application Z-24-00236 which land known as 94 95 silver king court and more particularly described as tax map parcel 58 dash 2 dash 10 dash 0001 dash a1 i move that the city council approve rezoning application z-24 00236 to rezone the subject property from pdc planned development commercial to pdr planned while retaining the architectural control overlay district acod to allow the development of the subject property in compliance with the master development plan and commitments which have been prepared and submitted by the applicant i further move that the city council approve the application of rjl associates inc by being kenny and corman attorney for a general development plan amendment

subject to the master development plan with commitment revised June 15th, 2026 on the land known as 9495 Silver King Court and more particularly described as Tax Map Parcel 58-2-10-0001-A1. Second.

Catherine ReadA motion has been made by Council Member Hardy-Chandler and seconded by Council Member Peterson. Is there any discussion on the motion? seeing none a roll call vote

Melissa Shinaberryclerkby voicecouncilmember amos aye councilmember hall no councilmember hardy-chandler aye councilmember peterson

Cam Lewisapplicantaye

Melissa Shinaberryclerkby voicecouncilmember bates aye councilmember mcquillan no motion passed four to two

Catherine Readis there a motion for the certificate of appropriateness

Stacey Hardy-Chandlerthank you i move that the city council approve the request of rjl associates inc by bean kenny and corbin attorney for a certificate of appropriateness in accordance with section 110-6.5.6 point b of the city code on the premises known as the highlands at mantua particularly described as and identified as 94 95 silver king court tax map 58-2-10-0001-a1 with the following conditions one the proposed modifications shall be in general conformance with the plans and renderings received by staff in july 2025 and recommended for approval by the board of architectural review as of July 16th 2025 to the applicant shall secure all required zoning approvals and permits prior to construction three landscaping is subject to change per urban forester comments at site plan

approval stage

Thomas Petersona

Catherine Readmotion to me by councilmember Hardy Chandler and seconded by councilmember Peterson is there any discussion on the motion seeing none a

Melissa Shinaberryclerkby voiceAye. Councilmember Hardy-Chandler?

Catherine ReadAye.

Melissa Shinaberryclerkby voiceCouncilmember Hall? No. Councilmember Peterson? Aye. Councilmember Bates? Aye. Councilmember McQuillan? No. Motion passed 4-2. Okay. We will move on to second general public comment. Is there anybody in the room that would like to make a general public comment tonight?

Catherine ReadI will now recess the regular meeting to go into a work session we will stay in the council chambers but let's take a five-minute recess then we will stay in the council chambers Thank you.

Speaker 20Thank you. Thank you. guitar solo Thank you. Thank you. Thank you. Thank you.

Catherine ReadThank you. Thank you. Thank you. Thank you. Thank you. Thank you. and welcome back to our work session Ms. Shinneberry what is our work first first work session item

Melissa Shinaberryclerkby voiceThe only item for tonight's work session is a potential zoning tax amendments regarding affordable housing on tax exempt properties noise standards carports and other miscellaneous amendments. I'm going to recognize Eric Foreman our senior planner for the staff presentation.

Eric ForemanstaffOkay, thank you very much. So this work session item does involve a series of potential amendments to our zoning ordinance. It's a bundle of amendments. The bundle covers a variety of topics. The topics aren't related to each other. other but instead there are items that staff has identified as subjects that may warrant zoning text amendments some of these have been identified due to legislative changes and others just trying to resolve inconsistencies within the zoning ordinance text or items that warrant additional clarification as you know our zoning ordinance is routinely amended both for major and for minor topics. Most recent amendments were passed in July, and like I mentioned, these potential amendments we're discussing tonight,

these involve a few topics. First are amendments that relate to legislation passed by the General Assembly this year. This legislation pertains to the construction of affordable housing on properties that are owned by churches or by other tax-exempt organizations. This is the most complex of the topics we're talking about tonight and it's complex really because the legislation itself is complex. The zoning solution to it is rather simple, but I'll talk about the legislation itself and of course what kind of zoning changes would be necessary to align our zoning ordinance with this state requirement. The second group of amendments tonight relate to the city's noise ordinance and not creating any new noise related policies,

but rather removing references to noise that are currently in our zoning ordinance because those provisions are now covered elsewhere in city code. We also have a few other amendments that help with administration of the ordinance in general. Planning commission held a work session last week to discuss these amendments. The commission did have a few comments and I'll talk about those comments presentation, so we'll discuss the affordable housing on tax exempt properties topic first. Like I said, this is the most detailed of these topics, and this pertains to a bill known as Senate Bill 388, and this was passed by the General Assembly, signed by the Governor this year. SB 388, like it says here, requires localities to allow by-right residential development

certain property and that's property that is owned by religious institutions or owned by 501 C3 nonprofits. The General Assembly's intention here was to promote the construction of affordable housing units and there's some standards that have to be met for a landowner to take advantage of this bill. A notable one is in the green box here, and that's a requirement for a certain amount of affordable housing among the units that are built to these standards. And specifically, at least 60% of the housing units constructed in these cases must be considered affordable. Affordable here is described, and again, this is in the state legislation, as being under 80 percent of AMI, under 80 percent of area median income, under 80 percent for rental housing.

For ownership housing, that number is under 120 percent of AMI. Now, aside from the affordability provisions, there are other standards, and many of these standards have to do with the kinds of dimensional and development measurements that are typically crafted by localities. In this case, the state is mandating these standards on localities instead, and for projects that are built on qualifying properties and that meet these affordability guidelines. The major development mandates are shown here, so projects that are built to this bill can be up to 45 feet tall. That's about three or four stories. There may be as little as 10 feet of setback between the building and any property line. Localities must allow projects to be up to 20 dwelling units per acre.

And localities cannot require more than one parking space to be provided per residential unit in these development cases. Now, the way that the state legislation is written, localities must allow development that meets these standards and must allow it regardless of any local standards, regardless of any property's zoning classification. Most churches in Fairfax City and most other nonprofit-owned land is located in residential districts. Residential districts tend to have less intensive standards than what you see here. for the zoning amendments that we're discussing tonight because we need to make allowances for this kind of development that's now compulsory due to the state legislation. Now, developments that are built under this legislation,

these developments may be entirely residential, or they may include some non-residential uses as well. And again, the legislation stipulates conditions for that. that the main element here that you see on the right is that residential uses must comprise at least 70 percent of the project's gross floor area. So space that's non-residential being the remaining 30 percent, that space can be religious worship space, could be space to house nonprofit organizations, or ancillary uses for those. Now, the full bill is provided in your packets. We're not delving deeply into it tonight, but we thought it would help to see some of these more significant dimensional and operational standards because of how it relates to the

potential zoning amendments. Now, there are actually some other standards written into the legislation as well, and those standards are also relevant in the context of zoning administration. This first one is very important. development that meets all of the bill's standards must be allowed to be built. So the state granted no discretion to localities on this. Now, as far as what organizations are able to apply for development under this bill, this applies to land that's owned by 501c3 nonprofits. So that includes tax-exempt religious institutions and includes other 501c3s. as well. Importantly, an organization must own that land for five years before applying for development under this bill. Now, at the bottom here, this shows that the bill, so at SB 388,

it becomes effective January 1st, 2027, so on New Year's. Right now, there's a sunset date of January 1st, 2031. So as it's written now, this bill is set to be effective for four years. This is also the reason that we're bringing this forward to Council now, because it would be beneficial to the city to have a solution to this in the zoning ordinance by the effective date of January 1st, 2027. So the reason, like I said before, that we're discussing this in the context of the zoning ordinance is because our ordinance needs to be amended, needs to be amended to create a provision for development that's now permitted under this state act. So the draft amendments that you have before you, these include creating a new zoning ordinance use

or just for development that's constructed to meet this bill's standards. You may have noticed in looking through your packets that the draft amendments don't specifically mention the details that we just discussed in the last several slides. Instead, the amendments refer to the relevant state code sections. And the reason for that, like it says here at the bottom, is to provide flexibility. flexibility, and that's something that's common when responding to detailed state regulations, which this is. What's meant by that is that by referencing the state code section, if the General Assembly modifies any of this bill's provisions, the city would not need to amend our zoning ordinance again each time that happens.

So that flexibility is important. And these that you see here are the amendments that are proposed. Again, this is all in your packet. We're proposing to add a definition to Article 9. That definition would be for, like it says here, a new use, which is nonprofit affordable housing mixed use. And that definition, like I mentioned, refers to the state code. The draft amendments also propose adding a use description and adding dimensional standards to Section 351 of the ordinance, and that's the section for residential use standards. And also, the amendments add a notation to the principal use table, and that notation indicates that residential uses may include this new use, which is nonprofit affordable housing mixed use.

So with these amendments, the state requirement that we just talked about can be implemented implemented without conflicts from the zoning ordinance. Like I mentioned, we talked to the Planning Commission last week at a work session about this series of this bundle of amendments. The Planning Commission did express concerns about the lack of control that this bill gives, that it does not give localities the opportunity to control things like setback or height and whatnot. That could be problematic in some of these cases. also had questions about potential implementation examples. And what they asked is, let's say that a church, for example, were to take advantage of this development opportunity, what would that actually

mean? And I'll just give a quick answer here since that's likely to come up with counsel as well. A landowner, whether it's a church or another nonprofit, really has two options in utilizing this kind of development. to tear the whole site down and to rebuild something new that's in accordance with these standards. The other option would be to leave the existing facilities up and add a new facility that would be built to the standard. If you read the code section, it alternates between talking about sites and talking about projects. So that's why there's a little bit of confusion about what this could actually mean in a real-world scenario. When it says that a project can be built fully residential, that could be a property that is completely redeveloped, entirely residential.

It could also be a project that's added to an existing site that's entirely residential. So the Planning Commission did have those questions as well. Since this is a complex piece of legislation, everything else tonight is different from that. It might be a good idea to pause here, see if the council has any questions on this segment of the bundle, and then we can move on to the remainder.

Catherine ReadSo I'll just start by saying that this bill is also known by the moniker, the name for it, the Faith and Housing Bill. and Jeremy McPike was the sponsoring senator for this particular piece of legislation. It is his intention to submit legislation in the upcoming General Assembly on four different aspects, two technical and two for clarity about the reenactment clause, particularly in 2031. So from the beginning, offering the flexibility of saying deferring to the state code, that the the general assembly will refine this legislation for two technical and two clarification issues with the original legislation so I commend you for saying that it will probably be somewhat altered by March of next year yes and with that I would just say in you know in the in the region

there are examples of where this has been done without this legislation Gilliam place in Arlington is housing built on top of the Arlington and in also in Arlington Goodwill is building housing above a brand new Goodwill store where they've taken down the entire building they own the property and they're building an entire building from scratch so even without this legislation there are examples in the region of where nonprofits and faith communities have built affordable housing on their property going through the zoning process I would also remind everyone that Glee view here in Fairfax city on the parking lot of the fairfax presbyterian church spent its first five years going through a rezoning process five years i believe there were five

public hearings so keeping all of that in mind i will defer to our first question from a council member i believe that's you councilmember McQuillan

Rachel McQuillenso my question was about if the property is sold or the organization loses its status, what happens?

Eric ForemanstaffIf a property is sold, the property has to be owned in an uninterrupted fashion for five years in order to take advantage of this. So if a property is sold, whether it's to another nonprofit or to any other entity, that property cannot redevelop taking advantage of this.

Rachel McQuillenOkay. So what if it was already developed?

Eric ForemanstaffIf it's already developed, it can be sold. As long as what can change is the committed affordable housing. So the committed affordable housing has to stay committed for 30 years. But ownership can change. Okay,

Rachel McQuillenwonderful. And then which local development standards remain enforceable? Are we talking about like stormwater trees, utilities? Right, site development

Eric Foremanstaffstandards. you know such as utilities storm water there are carve outs in the legislation for historic districts so this doesn't override historic districts and for environmentally sensitive areas all

Brooke Hardenstaffright

Eric Foremanstaffthank you and and and the only other one doesn't apply to fairfax city but it does not apply to land in or adjacent to industrial zones

Catherine Readokay thank you and that is one of the technical fixes that that Senator McPike once cleared up. That is one of the things of the four, just as an aside. Council Member Peterson?

Thomas PetersonWell-intentioned, clearly, but as in so many of these cases, there's this law of unintended consequences we kind of need to look at, and I'm sure that's happening with the revisions to legislation. A couple questions. So people, parishioners, donate land not uncommonly to churches. So if somebody donates their farm, does that automatically qualify for high-density mixed use?

Eric ForemanstaffIf the nonprofit organization, a church in that case, owns the property for five years, it would. So if an individual had donated, for example, a single family home five years ago and the church has owned that land for five years, it could be redeveloped to these standards.

Thomas PetersonOkay. That's a pretty common circumstance, just to be clear. I don't have the numbers, but churches end up acquiring, inheriting, obtaining, however you want to put it, a pretty big portfolio of properties just through that process. So that would be something worth, I think, examining a little further in terms of whether some safeguards would be needed there. What about, so a 501 nonprofit organization legally can create a for-profit subsidiary, right? So in this case, does the for-profit subsidiary enjoy the same legal protections as the 501c3?

Eric ForemanstaffNot if that for-profit subsidiary is the owner. What a nonprofit can do is derive income from these rental properties. And it should be noted that residential properties that are developed according to this are taxable. So even in other cases, when a nonprofit owns land that's income-producing, that becomes taxable land. And that would be the case here as well.

Thomas PetersonLet me maybe just understand, going back. So there's an ownership structure question here, which, if I understand correctly, a subsidiary would, a for-profit subsidiary would become an owner of a property and, as a consequence, not be eligible for this because it's the owner, as opposed to the scenario where the parent 501c3 is the owner of the subsidiary, and by virtue of that, its assets as well. So which is it?

Eric ForemanstaffIf a for-profit subsidiary actually is the owner of the land, it cannot be redeveloped to these standards. The owner must be a 501c3, must be a 501c3, so not any other kind of nonprofit, so not a 501c6, for example. And in Fairfax City, the American Legion is an example of a 501c6. So, as the legislation is written now, it applies just to 501 .

Thomas PetersonOkay. And where I'm going with this is just the opportunity to kind of work the ownership angle of these things, which happens. And that would be an area to kind of look into to make sure that we're not accidentally enabling something here. I mean, I'm a little bit unclear still because a parent nonprofit owns the subsidiaries within it, and so that becomes a question.

Eric ForemanstaffRight, and just to be sure, this isn't something that the city is doing. So if something is enabled, whether intentionally or not, this is through the state legislation. So it's something that the city does not have

Catherine Readcontrol of. Understood. Mr. Lubkerman?

Brian Lubkemanstaffby voiceSo what is absolutely true is the laws lag behind the creativity of those running companies. So typically there's a several-year lag until the problem becomes large enough. But again, it's an indirect city concern, but it is a fix that needs to happen at the state level. MR.

Thomas PetersonOkay. Or

Brian Lubkemanstaffby voicethe IRS needs to get on it, which is a different issue.

Thomas PetersonRight. So the general issue here is the loophole issue, right? MR.

Brian Lubkemanstaffby voiceCorrect.

Thomas PetersonYeah. I'm just trying to be on top of that because it's a real one. Just a hypothetical, though. St. Leo's wanted to put high density mixed use on its property here in the city. Would this legislation enable them to do that by right?

Eric ForemanstaffYes, it would.

Thomas PetersonOkay. And let's just say a church has somebody donates 100 acres of forest land to them that automatically becomes eligible for this. Correct. Okay. Unless it is safeguarded for environmental concerns. Did I hear that? Yes, that's correct.

Eric ForemanstaffSo environmental and historic site concerns do override this. There are carve outs for those two conditions and I believe just those two conditions.

Thomas PetersonAnd I won't belabor the point now that it would be helpful to know what those environmental conditions are. Floodplain,

Eric Foremanstafffor example.

Thomas PetersonCritical wildlife habitat.

Eric ForemanstaffDon't know about critical wildlife habitat. I think that's an informal designation, but floodplain, you know, and anything like that would not be eligible for these projects.

Thomas PetersonOkay. And then just to note that part of the donations that come in are commercial properties, right? So they would automatically become ownership of the 501c3 or the church and go, right? So

Eric Foremanstaffas far as commercial properties go, commercial properties would be eligible to take advantage of this as well. You know, there are cases with commercial zones that the property owner might be able to develop by right or even through a special exception to a greater density in some cases than they could with other properties. So a property owner is not obligated to develop to this standard if they wish to develop the property, but they can even if it's commercial.

Thomas PetersonOkay. The last question for the moment sort of reminds me of the detached ADU question, which is, gee, what really is likely to happen if this becomes an option? How much assessment is being done to determine what the response would be? Is this going to result in a whole lot of this kind of activity or no, and it's going Is there any sense based on analysis of what this forecast really looks like?

Eric ForemanstaffIf we knew, we'd say. One thing that the Planning Commission did ask for, I should have mentioned, is a map of eligible properties. So 501 properties that could be subject to this. So if we go forward to public hearings, we'll bring a map forward. We just don't know if the likelihood of any particular property using, developing to this standard.

Thomas PetersonOkay, and I would, again, just note in the world of 503s, they are very diverse. And, you know, I know lots of them have bought a little office somewhere, and this could actually become, oh, my goodness, I've got a buy right here. So it would be useful to know what the map looks like and what the assessment looks like and to what degree some additional safeguards are needed around all that. Thanks.

Catherine ReadCouncil Member Amos.

Anthony AmosThank you. So just had a couple of quick questions. So how does this compare with what neighboring jurisdictions are doing? I mean, I'm sure everyone's trying to figure out implementation. I know Loudoun County, they actually held a summit with faith-based leaders to have this discussion. So is this fairly comparable, or is everyone just kind of trying to figure it out

Eric Foremanstaffinconsistently? Everyone's trying to figure out a zoning solution quickly, and it's all happening at about the same time. It's

Anthony Amosa little bit unclear just how they're different. There may even be some implementation discrepancies across jurisdictions in the beginning until everyone gets, until everything gets shorn up a little bit.

Eric ForemanstaffSome implementation differences but too subtle for folks to notice and really wouldn't make a difference because this is dictated by state code. So even if a jurisdiction doesn't do anything, state code would still prevail. I mean, we don't want to be in that situation. But this does prevail over any local

Anthony Amosordinances. I echo Council Member Peterson's comments about maybe canvassing or surveying our faith-based partners and 501c3 partners. And I would wholeheartedly support having a map of eligible properties, but really getting a sense of is there an appetite for this? Is there financing for this? Is it more part of a long-term strategy? Or is this something in the near future that folks are looking at? I'm aware of some faith-based partners who are already trying to have those conversations. So it'd be good to start that communication earlier, even if we had some type of faith-based coordinator or worked with the organization. I know there's interfaith organizations that tend to operate in this region as well.

So I think getting in front of these folks earlier would be very helpful.

Catherine ReadCouncilmember Hull.

Stacy HallThank you. I have a number of questions. The height allowing, and I recognize this is all state mandated, the allow buildings at least 45 feet. three to four stories in most places they're like 35 feet right

Eric ForemanstaffI'm I'm sorry I meant that that the height maximum I'll go back to that slide 45 feet tall in a residential building would usually be three to four stories so I just mentioned that just to have a point of comparison

Stacy Hallokay and does this allow for I recognize that Glebe Glebe

Eric Foremanstaffview sorry

Stacy Hallthank you my brain is tired

Eric Foremanstaffcorrect

Stacy Halldoes this allow for high-density apartment style or do they have to be I understand there's some ownership requirement as well but do they have to do the ownership portion or could they choose only to do the rental portion

Eric Foremanstaffit it could it could be all ownership it could be all rental it could be all multifamily it could be all townhouse okay

Stacy Hallso they could do condos they could do townhouses in theory they could do single-family homes if they wanted to right okay and are there any minimum requirements for number of acres I understand it requires density at least 20 units per acre but

Eric Foremanstaffno there's not

Stacy Hallokay and setback no more than 10 feet from property lines that's what's our normal one please remind me ten seven and a half to 15 the

Eric Foremanstafffront front setback in residential zones would be from 20 to 40 feet. Now the way the state code is written, it says that there can be no required setbacks larger than 10 feet, so that 10 feet would apply to the front as well. So, you know, the rear setback in a residential zone is typically 25 feet.

Stacy HallOkay.

Eric ForemanstaffSo this, the 10 foot, now that's not saying that all sites would be developed to that But that's, it can be, hypothetically.

Stacy HallOkay. So this has the potential to significantly change the landscape of what we normally see in residential development or in higher density commercial development?

Eric ForemanstaffCorrect.

Stacy HallOkay. And is there any option? I understand it said residential at least 70 percent, other uses, religious worship, nonprofit, and ancillary. This does not mean that someone could put a mixed-use building on a 501c3 property and have retail or eateries or things like that underneath it, does it?

Eric ForemanstaffThe legislation says that the use can be accessory or ancillary, I think is the term that is used, to the nonprofit. It uses coffee shops, for example, as an example.

Stacy HallSo coffee shops are allowed.

Eric ForemanstaffSome churches have coffee shops that they consider to be ancillary to their mission. So something like that would be allowed. It's a little bit unclear if something like an actual full-service restaurant or a retail store would be allowed if the nonprofit considers it to be ancillary to its mission. An example, we don't have an organization like this in a property owner in the city, but something like Goodwill, for example, you know, that's a nonprofit, and that nonprofit's mission includes selling goods, so that could probably take advantage of that. As far as other organizations, it's a little bit unclear the way the legislation's written.

Stacy HallOkay. And, sorry, I have some notes here. These state mandates shock me. they able to entirely tear down the church that currently exists and rebuild only housing?

Billy BatesYes.

Stacy HallIt doesn't have to maintain, like, the goodwill on the bottom floor and put housing above it? Correct. Okay. And then when you said that the property, when it is available for, I forget the word that you used, revenue generating.

Eric ForemanstaffYes.

Stacy HallNow that makes it taxable.

Eric ForemanstaffThat makes it taxable. So any housing that's developed as part of one of these bills would be taxable. Now, it would be at least 60% affordable, so the tax revenue would be less than what we would see as a jurisdiction for market-rate housing, but it would be taxable.

Stacy HallOkay, so when I went and did the Glebe View preview the other day, they were talking about how these units would sell, the cost for them is like $800,000. They're then going to be discounted to the 60% or 70% or 80% AMI. So that now becomes the new taxable rate for those units.

Eric ForemanstaffCorrect. So an example in the city would be the five townhouses that were built to affordable standards in Sutton Heights. And those townhouses, I believe, have an assessed value of $250,000 to $300,000. dollars so that's that that that's an example of what the difference would be between market rate and affordable in these kind of cases okay

Stacy Hallit's interesting though because I guess that what they can only ever sell it for is the affordable portion of it so correct okay just a little quick Google search here so it looks like we would we are now one of four states that actually does this it It looks like California requires virtually 100% affordable housing on eligible faith college land plus longer affordability restrictions. Washington state is narrower, requires a density bonus for religious land, not Virginia's full override of local zoning. Oregon is also narrower, which applies to particular religious corporation sites and requiring deeply affordable housing for 60 years. So this takeaway is that this bill is a more developer friendly and more preemptive of local authority

while requiring a lower affordable housing commitment than California or Oregon. So it seems like this is a good attempt, but not necessarily strong enough, I think, for what it's trying to accomplish, while at the same time I think putting significant impacts and changes on local jurisdictions without a whole lot of forethought. But that, I understand, is how sometimes things work in the Commonwealth. This is very interesting, and I do share everyone else's thoughts so far on wanting to understand where this could really be feasible. and I because it's 501 C 3 it's not just churches like we have a lot of other nonprofits that do things in the city so we know where all of those are located and what their layout and land looks like but that we

Eric Foremanstaffwill staff will report back

Stacy Hallto planning

Eric ForemanstaffCommission and City Council with that information

Stacy Hallokay but then what this also means is that for example the Bank of America building that is for sale on 123, a nonprofit could come in and buy that and then hold it for five years and then do what they want?

Eric ForemanstaffTheoretically. Right now, the bill has a sunset provision of four years. So it was undoubtedly crafted that way to prevent a nonprofit from doing just that. Now, if that sunset provision is extended or eliminated by a future general assembly, happen. But right now, as it's written, the bill sunsets in 2031, so a nonprofit that purchases land now would not be able to redevelop to these standards.

Stacy HallOkay. So they would have already owned it prior to at least have one year of ownership before?

Eric ForemanstaffAt least five years. So they would have already owned it for five years? Yes,

Brooke Hardenstaffthat's correct.

Stacy HallOkay. So they'd have one year of ownership now, another four years in the future to expire currently on January 1st, 2031. Okay. Thank you. That was a lot, I know, but it was confusing. Appreciate it.

Catherine ReadCouncil Member McQuillan?

Rachel McQuillenHow will neighboring property owners receive information about what's going to be developed next to them?

Eric ForemanstaffThat's a good question. I don't have an answer for that because this would not be a rezoning. This would be something that City city staff would have to work with on an individual basis. Okay.

Rachel McQuillenAnd then you said that we would receive some analysis about the current 501Cs that we have that could potentially take advantage of this. And you're going to provide a map?

Eric ForemanstaffWe'll provide

Rachel McQuillena map. And then how will we be assessing then our student enrollment and infrastructure impacts that this could have to our city?

Eric ForemanstaffIt's tough to figure out with affordable housing. We've talked with the school board about that in the past. Generally speaking, region-wide, there's a few school systems that break out 100% committed affordable housing developments when they just do student generation analysis. Tends to be there about twice the enrollment of the market rate equivalent, but there's not a whole lot of them. a whole lot of them but it's not a real deep pool to go by so I'd say that two times is probably a minimum I'd say with cases like townhouses it would probably be more because those townhouses are created for larger housing larger families so I'd say at least twice the student generation

Rachel McQuillenokay so is there going to be like a process that every couple of years we assess or how will we know?

Eric ForemanstaffWe'll examine it and report back to the school board. But right now we just don't have a good handle on that. Okay. But that's

Rachel McQuillenin the works. Wonderful. I think that was it. Thank you.

Thomas PetersonCouncil Member Peterson? Can you remind me what sort of requirements, safeguards would be in place to guarantee that the occupants of the buildings would be paying affordable rates and that we would put in place the necessary mechanisms to ensure that we have price appropriate housing as we do this? kind of clarify that?

Eric ForemanstaffI would assume that this would go through the staff procedure now that affordable housing goes through. So when a new apartment development is built and 6% of those housing units are affordable, staff gets a report on that and staff does their own work to make sure that the rates charged are correct and that the people living there are within the income range.

Thomas PetersonBut certainly these would not be structured so that only 6% would be affordable.

Eric ForemanstaffCorrect. So that would be 60% in these cases would be affordable. 40% would not. 40% could be market rate. Now, could be. It could be 100% affordable. That 60% is a minimum in order to qualify for this development option.

Thomas PetersonAnd you don't happen to know whether there's been much discussion around that threshold?

Eric ForemanstaffI don't know.

Thomas PetersonOkay. I mean, something to watch because I think one of the inadvertent things that happens, again, is you end up just not providing as much opportunity for affordable housing as the intent of this would lead you to believe. You want to avoid that. Thanks.

Catherine ReadAny other discussion? So.

Eric ForemanstaffOkay. We've still got some more. Okay. The

Brooke Hardenstaffrest are easy.

Eric ForemanstaffLet's move forward. In comparison to this, this series of amendments, like it says here, pertain to the city's noise ordinance. This is not creating, it's not changing any standards, but instead it's wrapping up an aspect of the noise ordinance that council adopted back in May. So the new noise ordinance that revised the city's prior or existing standards, and those noise standards had been contained both in Chapter 38 of the city code and in the zoning ordinance. So those noise standards are now completely contained in Chapter 38. And what that means is that most of the noise standards that are currently in the zoning ordinance because they've been moved, those standards themselves have been moved to Chapter 38.

When City Council approved the new noise ordinance, it was mentioned in the staff report that a follow-up step would be to remove unneeded noise regulations from the zoning ordinance, and that's what these amendments do. And specifically, in the zoning ordinance right now, Now there's about two and a half pages of so-called operational performance standards. So they cover things like maximum noise levels or details about how to measure noise and exceptions to noise standards and so on. So all of those are now contained with the rest of the noise ordinance in chapter 38. So these specific, these amendments just recommend deleting these specific standards from the ordinance. to nonspecific references to noise or references to sound

that are still retained, so things like temporary events or kennels and that kind of thing that just obliquely mentioned noise or obliquely mentioned sound are retained, but the specific standards are recommended to be removed from the zoning ordinance because they're not necessary. So the next item here, an inconsistency in the zoning ordinance text. So the standards for accessory structures permit detached carports, so similar to how detached garages are permitted. It seems clear cut. But there's a definition of carport in Section 9.3, and that defines carports as being an addition, and only an addition, so something that's attached to a house. These amendments make it clear that detached carports are allowed.

clarifies that carports are typically just treated like garages from a regulatory standpoint. The amendments do this by changing that definition language, just to make clear that carports can be a structure as well as an addition. Also taking some of that detail that's in that definition right now, and moving it to a line item in the permitted encroachments table. And that line item deals specifically with attached carports. that cleans up that inconsistency. And finally, there's a few miscellaneous amendments here in the bundle and you see them summarized here. There's a few sections of the ordinance dealing with non-conforming lots and non-conforming structures. There's some imprecise language in there,

so references to lot and building regulations where the meaning of those terms isn't explained. These amendments standardize that language just to take away any potential confusion. The middle item here relates to standards for residential accessory structures and specifically the footprint standard for those structures. And this ensures that it's clear that detached accessory dwelling units, ADUs, so these are the types of units that Council recently approved, ensures it's clear that detached ADUs are included in this provision structures. And finally, here on the right, this is an amendment that clarifies that zoning permits are equivalent to building permits for the purpose of maintaining the

validity of approved special use permits. And that sounds like a mouthful. What it really means is that when a special use permit is approved, that special use permit, it says in the zoning ordinance that a special use permit automatically expires after two years unless some kind of action is taken by the property owner. For example, that a building permit has been issued, but not all special use permits, not all SUPs require building permits. So what this amendment does, it adds the phrase or equivalent zoning permit so that those types of SUPs aren't caught in some kind of gray area where their status is not certain. So those are the three administrative type items or housekeeping amendments in this bundle.

And like I mentioned earlier, Planning Commission had a work session on this. I think we covered the affordable housing comments that Planning Commission had. They did have a question about the carport definition as well. And like it says down here at the bottom, the Planning Commission formally initiated this series of amendments at the September 14th meeting. So these amendments can proceed to public hearings. And right now we have public hearings tentatively scheduled, like it says here, for Planning Commission on October 12th and for City Council on November 2nd. So November 10th, I'm sorry. so with that I'd be glad to answer any questions either about the process or about any any of those amendments that we reviewed

Catherine Readquestions from mr. Foreman on any of these all right it looks like we're good to go for November 10th thank you so much mission a berry

Melissa Shinaberryclerkby voicewe're moving on the future mean topics

Daniel Alexanderstaffby voicepitch it

Catherine Readover to our

Daniel Alexanderstaffby voiceEvening, Mayor and Council. Give a brief look ahead at our next two meetings, primarily the 6th and 13th of October. As always, or as we've started to do, looking at future meeting topics at the outset give us a good opportunity to dig deeper into what is ahead of us at that time. For the work session for the 6th, we'll have a transportation update, a pretty considerable update on 27 projects in various stages. we'll have a residential permit parking district ordinance discussion primarily addressing the process and how to modify or eliminate existing districts when the circumstances that led to creation have changed have an item on our urban maintenance payments with vdot discuss adding a couple of roads part of the government center parkway in northfax west to the inventory

We'll talk about small area plan zoning amendments. We've had some recent public input on that. We thought it was important to bring it back to you again for work session purposes. So we'll be having that discussion covering overlay districts, height, commercial incentives, density, and a number of other items related to there. We'll have our discussion on fall supplemental appropriations. and then on the 13th regular meeting two items from the work session will be brought forward on consent the appropriations discussion and the urban maintenance resolution we'll also have a discussion on the chain bridge road sidewalk and bus stop improvement project relative to property acquisition will need right-of-way and easements to keep that project moving forward so

that'll be part of that and essentially those are the principal items coming for us in the next two meetings. Again, we'll have an opportunity on the 6th at the beginning to dig deeper on items coming before Council, but we'd be happy to answer any questions on these or any other future matters.

Catherine ReadQuestions on future meeting topics? Councilmember Peterson.

Thomas PetersonThe very first one, transportation project update. I guess the general question that I have is as we look forward to the rest of the year, are we able to and to what extent are we already planning on raising for discussion transportation safety issues?

Daniel Alexanderstaffby voiceAbsolutely. We'll certainly talk about that as part of that discussion on the 6th, and then we'll will come before Council as we move forward. So the 6th certainly will be a good opportunity for us to dig into that subject, and then you'll see subsequent projects coming forward. Chair Greg Musil, And when we

Thomas Petersonsay project, is this referring to a particular project or is this really programmatic?

Daniel Alexanderstaffby voiceTrustee Lee Cross, I think it's largely programmatic. Each of the various projects will have elements of safety in them and we'll certainly highlight that as they come forward.

Thomas PetersonOne of the issues that comes up repetitively on the regional transportation boards is the question of getting to zero fatality and zero planning around that. And I know the city has a plan. Obviously, we've had recent incidents here that make it all the more important to look at that. It seems to me that it would be important for us to have a look at that issue and see are on it and where we might be and the implications of that for citywide planning yeah

Daniel Alexanderstaffby voicewe'll specifically looking to actual action taken we'll be adopting well consider consider adopting a resolution relative to the move Fairfax safety city safety action plan so we'll be talking about this work workshopping it and then ultimately hopefully consider resolution to adopt that plan as we move forward that'll be the end of the year so from now to the into the year, I think we'll be having pretty robust discussions around traffic safety.

Thomas PetersonA series, it sounds like. Yes, sir. That would be very helpful. Let me just note, I've gotten contacted by a number of residents the last week or two about safety issues related to electric scooters, both kids and parents, helmet issues, et cetera. And actually, the way these have come into me is people who slam the brakes on to avoid upset by it and it's been a repetitive thing. So I'd love to see us, you know, get that on the radar. And then the discussion and update on potential amendments to the zoning ordinance related to adopted small area plans. When also are we talking about the procedure for reviewing and updating the small area plans?

Daniel Alexanderstaffby voiceI'm glad Brooke has decided to remain with us, and he might be able to talk a little bit about the cadence and schedule around such revisions.

Speaker 29I'm sorry, it's late.

Brooke HardenstaffI think we've got that on here. Let me see. No, we don't. I think that's been consumed by other things. The intention was, as you recall, there was a work session during the summer to come back to the City Council with a discussion on more detail on scope. We talked about general parameters of things that potentially would be addressed as part of the review of the small area plans. and there were a number of potential studies and other work products associated with proceeding with that review and the way the discussion was left I believe was that that that we would be back for another work session either this fall or this winter and from it not appearing on the future list it It looks like we're moving into the winter time frame.

As council is aware, staff that handles that is working on a number of these text amendments that have been driven by the General Assembly, as well as trying to wrap up the zoning text amendment related to the small area plans that's been underway for a couple of years now. And so that work product has pushed out a little bit. is to come back with a work session before proceeding further with that effort.

Thomas PetersonGood to know. I guess the concept here is a sequential one, which is it might make sense to be talking about review and update before we're talking about amending, so that we are dealing with something that's been updated as we go through that process. I mean we talked earlier about how some of what's involved in the zoning amendments is custodial if you will but some of it is not it would have the effect a material effect of locking in or enabling even accelerating things in the small area plans that are due for review and update I think we've noted that it's been five or six years the cycle for requirements for comprehensive land-use planning are typically five years so we're you know at and beyond

Brooke HardenstaffWe are. So separate issues, zoning text amendments related to either the housekeeping or state mandates are in one bucket, but as Council is aware, there's a text amendment that has been going through the public participation process and staff review for the last couple of years, and that would be to create a new zoning district that would implement the small I think what we've shared as staff, the plans may be amended in the future, the plans may change in the future, and that those zoning regulations can change along with it. But what's being proposed is create a framework by which those plans, however they may be recalibrated in the future, have an appropriate vehicle to be implemented. Because what we've learned since the adoption of the small area plans is that the tools that the city has from a regulatory standpoint don't align well with implementation of those plans and better standards are needed.

And so those, again, those may adjust over time. And in a perfect world, this work on a zoning ordinance update would have been done four years ago when those plans were adopted, when some of those plans were adopted five years ago. But given staff capacity and available funding, the plans were done first and now we're getting to the zoning because there's only so much capacity to take on the work. So I agree with you it would have been useful to have that in place years ago but it is very very much needed and it is consistent with the adopted comprehensive plan and the small area plans

Thomas PetersonOkay, the I think part of the issue here is what it constitutes a plan because we have metrics in our small area plans. And to the extent that the zoning amendments are intended to implement the metrics, that would be the very reason to be doing an update to the small area plans and their metrics so that whatever we do in terms of zoning would be consistent with that kind of update, that kind of analysis that we need. Again, that's the purpose of doing, you know, periodic review and analysis. They ought to be synced, I think, is the notion here. hope that we would have a way to sync them through spending some time talking about what that review and update process is and could be and what impact it would have on the discussions

around the zoning amendment so that we're not separating these when they need to be connected.

Brooke HardenstaffThis is probably a whole discussion in and in and of itself, but the update process of the small area plans is is probably 12 to 24 months process and so if the council's desire is to to defer consideration of those zoning text amendments that that that's a significant I think we you know we would certainly staff would recommend having some more discussion on that you know as stated this is the the city is is not at its strongest position in negotiating development applications that are coming in. Those development applications will continue to come in. And so, again, staff's position is to move forward with getting the zoning text amendment completed. Hopefully, council will approve that. And then if that needs to be amended based on the plans, amend it based on the plans,

would put a better tool in the books that will address what is likely going to come before the council. This isn't a proactive rezoning. This isn't anything that changes development rights for an existing property. There's no remapping that is going on. It's putting a new district. It would be putting a new district on the books that the council would have complete control over approving or not approving as applications come in. But again, the framework that it would provide in terms of creating better standards for the types of public improvements, for the types of community benefits that are envisioned in those small area plans, this framework would provide a better tool for that. And if there are factors, height, density, setbacks, something else that is recalibrated based on a future small area plan,

then that would be recalibrated in the ordinance. That's standard. As Council has seen, we're in quite frequently with text amendments, so we would continue to do that. But we would certainly want to have a very robust conversation before not proceeding. This has been underway for a couple of years. Like I said, we've had a lot of community input. We're planning to we're winding down our contract. We're planning to bring this forward.

Thomas PetersonOkay. Well, all helpful. I just note that as we've noted, the small area plans and they involve different components are based on analysis that now is five, six years old. And just based on that alone, it's time to have a discussion about the implications of age, if nothing else, on that. And it's a little bit surprising that that is nowhere on this futures list through the end of the year, given the discussions we've had and now given the other things that are on it. So I would advocate, you know, I didn't mean to turn this into a work session this evening. I would advocate that we actually find a way to have that discussion to connect these dots or understand how they're connected a little bit more clearly because these issues seem

to be in parallel and connected in ways that we should be kind of eyes wide open about. Okay.

Catherine ReadCouncilmember Hall I

Stacy Hallhave what I hope is a quick question the next meeting we have the discussion about modification of the residential permit parking district ordinance is that a specific location or is that overall conversation about the general ordinance and not a specific street or neighborhood

Daniel Alexanderstaffby voicethe the what prompted it was a request to remove the district because Paul the six went away yeah and that's initiated the the initial discussion that's

Stacy Hallwhat I thought you were gonna say and that's the place that I've actually heard the most complaints from in that there's no parking at those restaurants therefore they're parking in the neighborhoods yeah

Daniel Alexanderstaffby voicewe you're

Stacy Hallshaking your head no

Daniel Alexanderstaffby voiceyeah go ahead

Speaker 30the the specific request was for the Warwick Avenue and Meredith section yeah not the other side okay by politics okay that was the request

Stacy Hallokay so that that

Speaker 30and that

Stacy Hallthat was one that I was gonna say we do need to address so okay

Daniel Alexanderstaffby voicegood good question and I think you know we've received nothing but positive or one at least positive response from that okay but there's a broader question on how we establish a process then to modify or or otherwise eliminate an existing district we don't have that right now so we want to kind of bring that discussion forward okay

Stacy HallI will wait for next

Catherine Readweek then thank you any other comments or questions on the futures list are we are we good are we good okay not seeing anything else I think that we will move now to the manager report out and council comments mr. city manager I think for me to report mayor thank you okay then we will start our council comments then with councilmember McQuillan

Rachel McQuillenthank you just wanted to go over a few things that are coming up our schools in our community are very busy Katherine Johnson middle school's hosting a parent Academy tomorrow evening it will participate in blue star welcome week Fairfax high school is celebrating their homecoming this Friday and beginning with their homecoming parade at 4 p.m. followed by the tailgate and the football game. Daniels Run Elementary's fall field day is October 9th and we have our city's 50th annual fall festival October 10th. One more opportunity for residents. Registration is open for the Build Your Own Rain Barrel Workshop. It's going to be held Sunday, November 8th from 3.30 to 5.30 at Green Acres. Rain barrels help conserve water, reduce stormwater

runoff, and may qualify city residents for a credit on their stormwater utility fee. Early voting is also underway at City Hall through October 31st, so please make a plan to vote. Very important. And I just want to take a moment to acknowledge the recent loss of a child in our community my heart goes out to the family and everyone who knew and loved this young person I'm thinking and I'm holding all of you in my heart during this difficult time thank

Catherine Readyou councilmember Bates I

Billy Batesjust want to express my condolences for the young life that was lost recently and you know it's something that no one's ever prepared for. And I truly hope that the family, the community, all the lives touched by that young person the best in trying to recover from that. Thank you.

Catherine ReadCouncil Member Peterson.

Billy BatesWell, I also would like to express my

Thomas Petersoncondolences, my prayers, my thoughts. for the family and then for others who've been involved in similar incidents and accidents here. And as I mentioned earlier, I've heard from residents that this is a concern just generically that they are kind of distressed about. So I hope that we'll do everything we can in the city to be on top of the safety issue. I did want to also report out from a an invitation that went out to the council for a bird tour at 8 o'clock on Sunday morning and I was pleased to represent the council at that bird tour that's the

Speaker 20stuff coffee is made

Russell Jefferspublic commentof

Thomas Petersonright and it was in Daniels Run Park and it was hosted by the formerly known as the Audubon Society, but also our stewardship leader here, Sophia Chopin, was there to provide guiding services with a group that went out. It certainly did my soul good to be in the woods in the morning with everything going on. But it was really very fascinating. So I wanted to just share with you a couple things we learned. So Daniels Run Park is about 50 acres. The Mosby Woods is about 100. The two of them combined are about, you know, maybe 80% better of the natural forest land in the city. So this natural forest land is really important. And we were there to see birds. So the first thing we learned is that there are four different kinds of birds, the birds

that live there all year long, the ones that just come in the winter, the ones that just come to breed, and the ones that just are passing through. So it turns out right now is bird migration time, even for the little birds. birds fly all the way down South America goodness gracious they go thousands of miles they fly all night and then they stop at Daniels front park to rest and get a meal and then pick up and go again so these poor little birds are resting up after an all-night flight and we're in there you know watching them and as we were doing this one of the the folks who was on the tour and I would just say many, in fact, I think most of the people on the tour were people who were United States

citizens but were from other countries, and they had a really deep appreciation for nature here in the United States, and they really wanted to experience it. One of them is a woman from Siberia. She happens to work at the front desk at City Hall, and I asked her how this compared with the great forest of Siberia, and she says, oh, you have a lot more variety here. She was just so amazed. So I thought I'd comment a little bit on what that variety looks like. This is Daniel's run forest. So it has 172 native plants. It has 112 different animals, and that doesn't include fungi. They're in a different set. Of those animals, there are 28 different species of birds, 10 species of amphibians and reptiles,

eight different native mammals. but in this little place you've got again you've got 172 different kinds of native plants and 112 different kinds of animals so the diversity that's right here at home is really remarkable and every patch of native natural forest land we have provides this kind of habitat and it's so critical when these birds are migrating they look for these spots to be able to stop to eat to rest up and move on and when we lose them they don't have a place to do that and complete their migratory path so it was just an enormous pleasure and honestly a privilege to be out in the woods and see this and then I can't say enough about Sophia and her expertise her ability to point everything out to the people who

were there the forest is just an amazing place once you get to know it better so the next time we get an 8 a.m. invitation on a Sunday morning to go on a tour just get yourself a cup of coffee and plan on going right councilmember Hardy Chandler

Stacey Hardy-Chandlerso we had a wonderful kickoff for Hispanic Heritage Month I want to express my appreciation to the staff who put that together and encourage the community to come out whenever we're celebrating various segments of our community so it was a wonderful event this evening excellent music and entertainment I also want to acknowledge the success of the empowerment empower her meant luncheon that took place last Friday sponsored by the central Fairfax Chamber of Commerce and the incredible wisdom that was brought by women business owners in and around our city there were a couple of things that stood out in my mind one presenter talked about letting your network be your net worth and another one talked about putting your money where your morals are

so it's an incredible event and really appreciate that I encourage more people to support that and for the invitations to go out specifically to the Commission for women and other boards and commissions to support those kinds of Finally, I want to acknowledge the very hard but amazingly productive work that the Fairfax Village and the city underwent as part of their strategic planning. These people got together on a Wednesday and a Saturday, and it was an extremely productive time that really reflects how impactful this group is and continues to be. if you know of anyone who can benefit from membership in the village please encourage them to become members anybody who wants to give up their time and

expertise to be volunteers encourage them to do so as well it is incredibly rewarding and such a fantastic contribution to our community so thank you councilmember Hall

Stacy Hallthank you I will also echo what the village does here in the city as many of you know my dad has not been doing so great out in and trying to find something like the village that exists here in the city out there has been a struggle. And so in seeing what my mom is going through and what I know people in our community are going through with their own loved ones or parents or relatives, it's really a great thing that they offer here. And I do wish that other communities would embrace it the way that the city has. So kudos to everybody there that does all of the great things. I am excited for homecoming this weekend. I do not have a footballer on the field this time. which is probably good since now my son is in a splint,

but looking forward to it, and I hope that this might be our first win. It's been a rough football season so far. My heart goes out to the young man that was lost on Pickett Road. I know many of us in our community knew the family. You know, we've had years of knowing them, and it's just absolutely heartbreaking, and there's really not many words that any of us can say that we can take, but just hold those around you close. It's not a dig on the family. Educate your kids on bike safety. Educate them on anything that you possibly can. Yell at other people's kids when you see they're not wearing helmets. This child was wearing a helmet. This child was on the sidewalk. Seemed to be doing everything right.

But at the end of the day, it doesn't always matter. And so as Chloe said earlier, remember that we all are looking out for each other. be seen, see others, and just try to make sure that we all make it home at the end of the night. And in that same vein, I know we're heavy into campaigning season right now, but try to remember that these 26,000 people or 24,000, whatever it is, on whatever day, we all live here. We all care about each other, hopefully. We might like some more than others, and we might really not like some at all. but the people that are up here the people that are running for these spots we're doing it because we love the city or in some cases we want to see some change but until you really put your money where your mouth is and until you

try to sit up here and try to put yourself out there don't judge don't look at people and make assumptions don't assume that because they look a certain way or say a certain thing that they're not worthy it's heartbreaking to see what people in our own community are willing to say and do behind the keyboard warriors and i truly hope that the next generation that we are putting out here is doing it a little bit better than we are it takes a lot to put yourself out there it takes a lot to show up to do the work to sit through some of the crap that gets thrown your way and just because you got elected doesn't mean that you are open fodder and just because you're running for election doesn't mean that you're open fodder so

you know golden rule it would you like that done to you I think the answer is probably no so let's all try to do a little bit better together thank you

Catherine Readcouncilmember Amos

Anthony AmosI echo everything that councilmember Hall just shared on I also want to extend my condolences to the family dealing with the tragic loss right now. It's unimaginable, and I've never personally been through it, so I'm not going to pretend like I understand. To build off a little bit of what you said, and I won't go too much into the campaigning sides of things, but obviously social media isn't the healthiest place to be on at any point. to comment I just kind of watch and you know we politicize everything from looks to even death and you know we don't allow families to grieve in peace we don't give them time to adjust they just lost their child and within just a few hours there's calls to action and people trying to get more information trying to

get in people's personal businesses and lives and we don't pray for people we Don't try to wish that family some semblance of peace that they'll probably never have again. And I understand sometimes it comes from a good place, but sometimes the thing you need to do most is just be kind, give people time. We don't need to politicize everything, especially when there's really tragic loss. And, you know, when it comes to road safety, we have discussions ongoing and that were already underway. We're trying to do what we can. things tend to get focused on more when there's a tragic incident, but at the end of the day, people are human and grief is different for everybody. So please give people space

in the time when they need it. Thank you.

Catherine ReadThank you. So I had a wonderful time in New York at the Fast Company Innovation Festival. Virginia Economic Development was there. We had two companies on the panel promoting helping Virginia's economic development goals. MetroStar, which is a company that came up through the Mason Enterprise Center here in Fairfax City, spoke incredibly well about our region, about George Mason University, which is where he's an alumni. His employees are also from George Mason University. Also the Capra was a company that was there. It was great to be in the room. It was a packed room of people who were clearly there to hear what Virginia has to offer the rest of the country and the world when it comes to our infrastructure, our educated workforce, and the things that we have to offer.

CAPRA started out in Prince William County, now in Loudoun County. Metro Star started out here in Fairfax City. So although this was Virginia economic development, it was really about northern Virginia economic development. And so I just wanted to say we have a lot to offer. It's important to keep that top of mind that we, as a city, have so much to offer companies looking to relive faith here. So it was a great week with a lot of people doing very innovative things. I want to mention that Pastor Henry Britton of the Fairfax Presbyterian Church is retiring after 25 years. His last service will be this Sunday. I wanted to give a shout out to him and his commitment to the Glebe View project It did take five years to get it zoned to build ten townhouses

They are now in year 11 of trying to complete ten townhouses being built by Habitat for Humanity and homemade and His stewardship made the difference in that project getting literally off the ground and it happens to be in a patch of asphalt to turn it into much needed affordable housing in our city and before we go into our closed meeting i will just say today is the last 100 days that this governing body will be together and i look forward to us making the most of our last 100 days together to get some real things accomplished and with that we are going to now retire into a closed meeting to discuss personnel matters.

Billy BatesThank you.