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The board's final day: Ridgewater dies, Braddock Village delayed
On Dec. 18, nearly four years after taking office, members of the Board of Supervisors took the final votes of their term.
At the last business meeting, a motley assortment of long-standing issues – ranging from a pit bill adoption policy to contaminated well abatement – found some closure.
Also, two developments -- which could have added 1,856 homes to Loudoun – stalled.
Four of the nine supervisors will not be returning in January, and the political pendulum will swing from a Republican to a Democratic majority. The new board will hold its first meeting on Jan. 3 at 9 a.m.
Ridgewater Park withdrawn
The morning started with a bang when Loudoun-based developer Hobie Mitchel withdrew his application for the Ridgewater Park development, during the public comment portion of the meeting.
When reached by phone, Mitchel would not comment on the reasons for the withdrawal, saying only, “It was just a decision that we made.” He did not elaborate on the future of the 338-acre property.
The plan would have added 996 homes and 500,000 square feet of office space south of the Leesburg Executive Airport.
Critics of the controversial development, which changed in size, location and scope during its lengthy approval process, said it would have further clogged roads and harmed the Goose Creek Reservoir, an important water source.
Pit bull adoption ban upheld
Pit bulls and dogs of other breeds known to be used for fighting will not be offered for adoption at the animal shelter on Route 9 in the Waterford area.
The Board of Supervisors voted 6-3 on Dec. 18 to keep in effect the current policy – allowing the transfer of pit bull and pit bull-mix dogs to other shelters and rescue groups, but not to allow them to be adopted out to individuals.
The policy put before supervisors would have allowed adoptions with strict controls over who would be allowed to adopt the dogs.
According to an Attorney General's opinion letter, the county was violating state law with its policy of more than 20 years to euthanize all pit bulls that are not reclaimed by an owner. Since May, the shelter has allowed the transfer of pit bulls and has worked on an adoption policy that would satisfy the supervisors' stated desire to protect public safety.
Supervisors Jim Clem (R-Leesburg), Mick Staton (R-Sugarland Run) and Steve Snow (R-Dulles) voted against keeping the current policy.
EPA to act on Broad Run water seeping
The good news for supervisors at the Dec. 18 meeting is that the Environmental Protection Agency is poised to take over responsibility for the contaminated water seeping into Broad Run Farms' drinking-water wells from the nearby Hidden Lane Landfill.
The bad news is that it took 15 years to get the place good and polluted, and it's going to take a long time to clean it up.
The private landfill, closed since 1984, appears to be the source of trichloroethylene in the groundwater. Chronic exposure to trichloroethylene can damage the central nervous system and cause organ damage. The EPA considers it a likely human carcinogen.
Fred MacMillan of the EPA told supervisors his remediation investigation will start as soon as the landfill is put on the National Priorities List on March 8. It was proposed for the list Sept. 19.
Determining a course of action will probably take 18 months, he said. Meanwhile, the state Department of Environmental Quality has worked with the local Health Department to identify contaminated wells, and more than 25 homes have installed whole-house water filters.
Fountains to be safer for children next summer
It was a hot and humid day last summer, nearly 90 degrees, and four children were frolicking in fountains at the Lansdowne shopping center. Parents had not noticed the signs stating the waterworks were for aesthetic purposes only.
“Everyone from our neighborhood meets here as a gathering point,” said resident Gayle Sheffielt, whose children were running around to cool off after a meal at a nearby restaurant.
Heather Niemec, another resident, believed the fountain was safe. “Obviously it was set up with [kids playing in the fountains] in mind," she said. "They wouldn't knowingly let kids play in it if it weren't filtered.”
The water was treated, but the fountains were not in compliance with county code for water play because the water was not checked every two hours by a certified pool operator.
Next summer will be different, however. On Dec. 18, the Board of Supervisors approved a revised county ordinance regarding swimming pools and interactive water features now have specific regulations to follow. Fountains will be monitored like swimming pools – checked for pH level and chlorine level every two hours.
The final word: Braddock Village
The last issue discussed by the current board brought up two topics very familiar to its members: residential development and the potential legal minefield of public notice requirements.
The Braddock Village rezoning, which could bring 499 homes, a school and an athletic fields to land south of Braddock Road in the Dulles South area, failed to make it to the board's agenda because the proposal may not have been adequately advertised.
The board had voted to put the application on the Dec. 18 agenda at an earlier meeting, but complaints from neighboring property owners raised questions whether the developer had properly posted notice of the rezoning application on the property, which is required by a county ordinance.
County Attorney Jack Roberts said, “I think this notice issue is a mess.” He advised the board to defer a decision until all public notice issues had been cleared up.
In 2005, the board had to revoke sweeping changes to the county's zoning ordinance that reduced the number of houses that could be built in western Loudoun. The Virginia Supreme Court had ruled there was inadequate public notice of the proposed changes.
Steve Snow (R-Dulles) staunchly defended his position that the rezoning should be debated, regardless of the notice issues.
“The corporate board made a vote to put it on the agenda, so it should be on the agenda,” Snow said.
After much discussion, the board voted to not allow the application to be admitted to the agenda for a vote.
Applicants Nicholas/Farkas Joint Venture and John Crerar Jr. can bring their rezoning application before the new board at the beginning of next year.
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