As the Virginia General Assembly reaches its deadline for legislators to file bills for the 2024 session, Fairfax County’s representatives hope to pass bills on rent gouging, campaign finance reform and opioid prevention in schools.

The General Assembly convened in Richmond last Wednesday (Jan. 10) for a 60-day session ending March 9. With Democrats controlling the House of Delegates and the Senate, lawmakers could see at least some of their proposals become law. Here are some notable measures put forward:

Local anti-rent gouging authority: SB 366 would allow any locality to adopt provisions that prevent landlords from significantly raising rents and require them to notify tenants two months before an increase. The bill, sponsored by Sen. Jennifer Boysko (D-33), would require notice and a public hearing prior to adopting any legislation.

Transportation

• Expanding the use of speed cameras: The identical bills HB 20 and HB 905 would allow local governments to install speed cameras in “any location deemed necessary.” Introduced by Del. Mike Jones (D-77) and Irene Shin (D-8), the legislation would allow for penalties up to $100.
• Funding for electric vehicle charging stations: Introduced by Sen. David Marsden (D-37), SB 457 would create a Driving Decarbonization Program and Fund to help developers cover some costs associated with installing electric vehicle charging stations.
• Towing fee regulations: SB 450, also from Marsden, tells the State Corporation Commission to analyze current regulations of towing fees “and identify policy options for the commission to assume all or part of such regulation.” The proposal requires the SCC to report its findings to the General Assembly by Nov. 30, 2024.

Special grand juries: Sponsored by Del. Karen Keys-Gamarra (D-7), HB 167 requires a circuit court to impanel a special grand jury when a law enforcement or correctional officer kills an unarmed person. The bill also directs the court to appoint a special prosecutor who can be present during an investigation and interrogate witnesses if requested by the special grand jury. Last year, a special grand jury indicted the Fairfax County police officer who fatally shot Timothy Johnson in Tysons.

Prohibited personal use of campaign funds: HB 40 “prohibits any person from converting contributions to a candidate or his campaign committee to personal use.” The bill from Del. Marcus Simon (D-53) lets any individual subject to the ban request an advisory opinion from the State Board of Elections. It advanced out of a subcommittee on Wednesday (Jan. 17) with amendments.

Education 

• Tax to support schools: Sponsored by Sen. Jeremy McPike (D-29), SB 14 would authorize all counties and cities to impose an additional local sales and use tax of no more than 1% to fund the construction and renovations of schools.
• Naloxone policies and requirements: SB 387, sponsored by Sen. Stella Pekarsky (D-36), requires each local school board to develop plans and policies for every public elementary and secondary school relating to opioid overdose prevention and reversal.

Invasive plants: HB 47 would require all retail sellers to provide signage identifying invasive plant species. The bill, sponsored by Del. Holly Seibold (D-35), would require the signs to say, “Plant with caution: invasive plant species. May cause environmental harm. Ask about alternatives.”

The deadline for state legislators to file bills with the clerk is 3 p.m. today (Friday).

The Fairfax City Council will vote on the future of a much-debated trail planned in the heart of the city later this month.

During a meeting on Tuesday (Jan. 9), the city’s transportation director, Wendy Sanford, presented the council with options for proceeding with the George Snyder Trail project, which will complete a 2-mile trail along the southern side of Accotink Creek between Chain Bridge Road (Route 123) and Fairfax Blvd (Route 50).

Plans for the Snyder trail have been underway for more than a decade, but the project has drawn some criticism from environmentalists who say it will eliminate hundreds of trees, negatively impacting the area’s woodlands.

A group of city residents sent an email to the city council and staff on Jan. 2 urging them to consider alternatives that would add a trail or bicycle lanes on existing streets, such as Fairfax Blvd, Cardinal Road or Eaton Place.

The planned route has gotten support from bicycling advocates, who say it’ll fill a missing link in the region’s bicycle network, particularly in the I-66 corridor.

In a presentation, staff recommended the council either continue with the proposed changes or modify it by only constructing the western portion from Chain Bridge Road to Fair Woods Parkway.

“To continue with the project as proposed, that would mean putting the project out to bid,” Sanford explained. “We have the 100% [design] plans to continue with the right-of-way acquisition.”

If the city cancels the project, Sanford said it would be required to repay some or all of the $3 million it has already spent, potentially affecting the city’s ability to be awarded funds for future projects.

Sanford noted that the suggested modification would reduce the overall cost, while still delivering some of the trail. However, Councilmember So Lim pushed for a cancellation, saying she thinks “it’s all or nothing.”

Councilmember D. Thomas Ross disagreed and said cancelling the project could have a negative impact on taxpayers.

“We’ve heard consistently the concerns about cost of operation and development and maintenance of the trail if it’s completed as proposed,” he said. “It’s going to be nothing compared to what we hear when we start talking about paying up to $3 million.”

Mayor Catherine Reed was also against canceling the project, but said she won’t participate in the scheduled vote on Jan. 23 unless there’s a tie.

“What what we understand about environmental impact is significant. No one is saying here that there’s no impact in building this trail, but we have heard it described as destroying a forest,” Reed said.

Anna Safford, the city’s urban forester, acknowledged the environmental concerns surrounding the trail, but said recreation helps to protect land.

“If you don’t use land, you lose land, but at the same time, recreation isn’t conservation,” Safford said. “And there is a very big difference in the land types along this corridor.” Read More

Fairfax County is moving forward with updates to its landscaping and screening requirements along streets and parking lots.

The Fairfax County Planning Commission recommended the approval of changes to the ordinance at a meeting on Dec. 6. If fully approved, it would be the first major change to the ordinance in 40 years and could make parking lots greener.

Planning staff proposed the update to the Fairfax County Board of Supervisors at a land use policy committee meeting back in May.

At the planning commission public hearing, Sara Morgan with the Department of Planning and Zoning, said the introduction of “street frontage landscaping” would require developers to provide a planting strip on private property parallel to a public or private street. Single-family dwellings would be exempted.

“It is on private property. It’s 10-foot wide with one tree for every 30 feet,” Morgan said.

The current ordinance requires trees to be installed at any surface parking lot with 20 or more spaces. The update would expand that requirement to surface lots with 10 or more parking spaces. It would also increase the required tree coverage from 5% to 10% “to address some of the urban heat-island effects and other environmental impacts,” Morgan said.

For parking garages, the new ordinance would establish shade structure requirements. New garages would need to have 10% of their top decks covered with shade.

“The parking structure could be a canopy, a canopy with vegetative roofs, solar collections systems or trees,” Morgan said.

To incentivize the use of solar power, developers that add a solar system on top of a garage would only need to cover 5% of the structure instead of 10%, Morgan added.

The Great Falls Citizens Association raised an objection to the substitution of shade structures as an alternative to natural landscaping.

Morgan said this was included because often, trees planted on top of parking structures do not grow to the extent where they provide adequate shade.

“So, we are looking at ways where we can achieve that shade through the means of possible trees, but also through the canopies or the solar collection systems,” she said.

Other changes in the ordinance include a preference for native tree species as well as environmentally tolerant species. During outreach, the county heard from individuals who wanted more species that have the ability to withstand high heat and high-drought flooding, according to Morgan.

Braddock District Commissioner Mary Cortina proposed amending the ordinance to specify that preference be given to environmentally tolerant species “where appropriate for site conditions.” The commission unanimously approved the amendment.

Cortina praised the timing of the proposed changes, calling it a good decision to follow up the county’s approval this fall of new off-street parking standards

“And I think this decision alone is really going to change how these parking lots look,” she said.

The ordinance will now go to the Board of Supervisors for approval on Jan. 23.

A new music venue and pub is holding a fundraiser, starting tomorrow (Friday), to support its upcoming launch in Fairfax City.

Earp’s Ordinary, located at 10420 Main Street, has been under construction since 2020, but encountered delays caused by the pandemic.

Now, owner Michael DeMarco says construction has been completed, but the venue still needs “funds for working capital to help with operating expenses like inventory.”

Previously, DeMarco told FFXnow he envisions the pub drawing national and regional talent. He also said the venue won’t focus on a specific music genre.

“There will be 25 musicians playing throughout the weekend — Friday evening, Saturday afternoon, Saturday evening, and Sunday afternoon,” Demarco said. “The goal is $50,000.”

Demolition for the venue began in 2020. To get through the pandemic, DeMarco and managing partner Josh Alexander hosted outdoor shows in front of the space. The site has previously been home to restaurants, a judicial center space and a duckpin bowling alley.

General admission tickets for the “Save Our Stage” fundraiser are available online for $25, though the Friday show has sold out. There are also $65 all-access weekend passes and exclusive VIP memberships available for purchase.

The event will feature a buffet and live music by a diverse set of artists, including Holly Montgomery, Rick Landers, Jillian Matundan, Paul Wolfe, Heather Lloyd, Susan Rowe, Michelle Swan, Brent Funkhouser, Kirk Hurd, Sunny at Midnight and Know1Else.

The bar operates on a credit/cash basis.

Earp’s Ordinary is also accepting online donations through the ticket page and via Venmo at @earpsordinary for those who can’t attend in-person.

Showtimes:

• Friday, Dec. 8 — Doors: 4 pm | Start Time: 5 pm
• Saturday, Dec. 9 — Doors: 12 pm | Start Time: 1 pm – 5 pm
• Saturday, Dec. 9 — Start Time: 5 pm – 11 pm
• Sunday, Dec. 10 — Doors: 12 pm | Start Time: 1 pm

Fairfax County is looking to update its guidelines for how rental and mobile home developers can assist displaced tenants for the first time in a decade.

Director of Fairfax County Department of Housing and Community Development Tom Fleetwood presented the proposed guidelines to the Fairfax County Board of Supervisors at a housing committee meeting last week (Nov. 28).

“The goals are to maintain our commitments to affordable housing, to ensure that as many of our existing residents who depend on affordable housing are able to stay in it, and that we’re able to also move forward with redevelopment as we need to,” Fleetwood said.

Last updated in 2012, the Relocation Guidelines provide a plan for residential developers to follow for multi-family rental buildings or mobile homes that are going to be demolished, rehabilitated or converted.

Under the new guidelines, owners would be required to engage with the existing tenants and develop a relocation plan for them. The guidelines will also apply to all affordable housing owned, managed or funded by the Fairfax County Redevelopment and Housing Authority and properties subject to the Preservation Policy adopted in March.

“Our expectation is that [the developers will] provide moving cost reimbursement and housing counseling, and that they will provide staffing to conduct these activities,” Fleetwood said. “We want the owner to create a property profile so that we understand who’s living there, what the rent rolls look like, what opportunities there are for tenants to move into units that best match their needs.”

According to Fleetwood, another goal is for every tenant who is relocated to be able to return.

“In the event all tenants are unable to return, a priority ranking system tool will help property owners prioritize those with the greatest need,” the presentation said.

For example, priority could be given to a household with children or a disabled person living in it.

Developers could also be required to make up any differences in security deposits.

“If someone has to move, and the security deposit at their new home is higher than their existing security deposit, we would expect that a developer would pay that difference,” Fleetwood said.

Tenants facing permanent and temporary relocation will receive both relocation services and reimbursement of moving costs. Those who have to permanently move would also get relocation payments or a tenant assistance fund that would provide a time-limited rental subsidy.

Mount Vernon District Supervisor Dan Storck questioned how the guidelines and expectations would be enforced, which he said could be one of the biggest challenges.

Fleetwood said there are plans to hire a specialist who will be in charge of monitoring relocation plans.

The county will now conduct outreach and collect feedback before releasing a revised draft of the new guidelines next April. The proposal will be submitted for the board’s final approval in June.

Image via Google Maps

Fairfax City’s experiment with “elevated” port-a-potties may be coming at too high a cost to consider continuing it long-term.

During a meeting on Tuesday (Nov. 14), the Fairfax City Parks and Recreation Department provided the Fairfax City Council with a progress report on the high-tech, portable Throne restrooms that have been available around the city for the past seven months.

The department initiated the pilot this spring in response to calls for increased access to restrooms in the Fairfax Circle area, Old Town Square, and Van Dyck Park.

Parks and Recreation Director Stacey Sommerfield said they were looking for a vendor to provide a secure, accessible, clean facility that didn’t require any additional staff hours. The department chose local startup Throne Labs, which launched in 2020 and provides “an elevated experience” with solar-powered, touchless outdoor bathrooms.

“They feature running water, flushing toilets, climate control, they were ADA-accessible, provided changing stations, have secure access, and were cleaned every 50 uses,” Sommerfield said.

In May, one unit was placed in Old Town Square and in Van Dyck Park. Another unit was placed on Fairfax Blvd in the area of the former Hy-Way Motel (9640 Fairfax Blvd) in June. From their launch to Nov. 1, the Thrones have been used 11,356 times overall, according to Sommerfield.

“The Van Dyck unit is our highest-use unit, which is not surprising to us because Van Dyck Park is very well-used,” she said.

Usage of the Old Town Square unit fluctuated based on events and weather. The Fairfax Blvd location has been the slowest to catch on, Sommerfield said, adding that it may be moved in the future to garner more attention.

“Right now the only location that we have access to is the Hy-Way Motel, but we think we might be able to reposition the unit on the site in order to make it more attractive,” she told the city council. “Right now, it is very close to the road.”

In August, the department launched a voluntary survey requesting feedback through QR codes posted outside the units. The survey garnered 67 responses, which Sommerfield described as positive.

“We do have a 38% return rate for users of the Thrones, so we have a lot of people that return and use them again,” she added.

The units are priced according to a three-tiered system based on the average number of uses per day. The more they are used, the more they cost. Additionally, the artwork that wraps around the Thrones costs $5,500 each.

“As of November 1, 2023, $74,392 has been spent on wrapping and monthly fees. $175,608 remains for the continuation of the program through the remainder of the fiscal year,” City Manager Robert Stalzer wrote in a summary for the council.

Looking forward to 2024, Sommerfield said there will be a $50 increase to the monthly fee for units that are used less than 50 times per day — the low to mid tier.

“So, the status of the pilot program is that the parks department really views this as an interim option until we can build brick-and-mortar bathrooms,” Sommerfield said.

Concerned about the cost, Counilmember Jeffrey Greenfield suggested the parks department explore buying bathrooms.

“The cost continues to concern me, especially when Thrones is doing deals with other jurisdictions, doing pilots at no cost, and we’re paying a lot,” he said.

Greenfield acknowledged that some areas in the city will struggle to get infrastructure in place for permanent bathrooms, but said the option of purchasing bathrooms should be considered before deciding to continue with Throne.

The city council approved $250,000 for the pilot in April. That funding will cover the three restroom units through July 2024.

Fairfax County’s annual Stuff the Bus food drive has gone virtual, allowing people to make online donations directly to local nonprofit organizations that provide food assistance in the county.

This is the county’s 12th year partnering with local nonprofits to participate in the campaign, according to a county release. Previously, people could only make physical donations directly inside Fastran buses parked outside grocery stores or libraries.

“While that will still be offered for the Winter 2024 Stuff the Bus campaign, the virtual food drive will help prepare Fairfax County’s nonprofit food access partners for the busy holiday season,” Fairfax County Neighborhood and Community Services (NCS) said in the release.

The campaign comes months after the Capital Area Food Bank’s 2023 Hunger Report found that 24% of county residents are food insecure — a statistic referenced in the NCS release.

“Inequitable economic recovery from the pandemic, inflation, and the end of many federal benefit programs make it difficult for families to put food on the table,” the release states.

NCS Equity Program Manager Ramona Carroll said in the release that virtual donations will open up the campaign to people who can’t donate in person.

“In addition to convenience for the donors, it helps the nonprofits receiving the contributions because they can use the funds to purchase fresh and culturally-appropriate foods for the neighborhoods they serve,” Carroll said.

Stuff the Bus was created in 2011 as a “response to a critical need to help restock the shelves of local food pantries after the holidays.” The campaign has collected more than 220 tons of food since it started.

The virtual campaign runs through Nov. 30. An in-person Stuff the Bus campaign will return on Jan. 24 at local grocery stores and other locations throughout the community. The county encourages donations of items that are high fiber, low sugar and low sodium.

The most-requested items include:

• Cooking oil
• Corn Flour Maseca
• Bag (dry) beans, peas or lentils (16 oz.)
• Rice – brown or white (5 lbs. or smaller)
• Canned fruit in light syrup or juice (20 oz. or smaller)
• Healthy hot and cold cereal (42 oz. or smaller)
• Healthy snacks (e.g. raisins, granola bars)
• Canned tuna, salmon or chicken (15 oz. or smaller)
• Canned tomatoes – low sodium, no salt added (29 oz. or smaller)
• Soup – lower sodium (19 oz. or smaller)
• Canned pasta (16 oz. or smaller)
• Macaroni and cheese
• Peanut butter (40 oz. or smaller)
• Fruit jam (32 oz. or smaller)
• Instant potatoes (16 oz. or smaller)
• Pancake mix (32 oz. or smaller) and syrup
• Canned vegetables – low sodium, no salt added (29 oz. or smaller)
• Canned beans or peas (29 oz. or smaller)

Fairfax City is starting to refine its plans to add bicycle facilities on University Drive.

The project will “implement bicycle facilities on University Drive between Layton Hall Drive and South Street, with shared lane markings through the center of Old Town and bicycle lanes to the north,” according to the city’s website.

It will serve as a link to other multimodal projects currently underway in the area, such as the partially built George Snyder Trail, Chloe Ritter, the city’s multimodal transportation planner, told the Fairfax City Council at a meeting on Oct. 24.

“It connects to the bike lanes that are already existing on University Drive, south of Old Town. It connects to The Flats — the apartments that recently opened,” Ritter explained. “It really brings together a lot of the multimodal projects that we’ve been working on in connecting everything together.”

In addition to the bicycle facilities, the city hired consulting firm Kimley-Horn to evaluate possible changes to the University Drive and Layton Hall Drive intersection.

“The measures of evaluation that we looked at were bicycle and pedestrian safety, vehicle safety traffic operations, transit operations, property impacts implementation, and cost,” Megan Waring, a transportation engineer for the consultant, said at the council meeting.

She said ultimately, the firm recommends a two-way stop and a removal of the northbound, right-turn lane at the intersection, which will be condensed. Waring said that change allows for a pedestrian island that will improve safety.

“It allows us to have bike lanes as we’re coming up and down University, as we have kind of that steep incline or decline, depending on which way you’re traveling,” she said.

Tightening the intersection would also enable it to accommodate an added crosswalk, giving it a total of four. The crosswalks will also be closer to the intersection.

“So, we’re moving the people, the bikes, and the cars all to a location that’s more centralized, so that all users are able to see each other and make safe passage through the intersection itself,” Waring said.

The recommendations also call for adding a median refuge island, a protected space in the center of the street that facilitates bicycle and pedestrian crossings.

Waring said, together, the recommendations would reduce bicycle and vehicle conflicts, improve pedestrian crossings and maintain transit and vehicle operations. Read More

Annandale’s Eastgate Shopping Center is closer to getting an apartment building.

During a meeting on Tuesday (Oct. 24), the Fairfax County Board of Supervisors approved a plan from developer Eastgate JV LLC to allow residential development on the 11.8-acre property at the corner of Little River Turnpike and John Marr Drive.

The new building will be six stories tall and include 280 multifamily units, along with 11,220 square feet of commercial retail on the ground floor. The application also proposed adding 23,858 square feet of new, on-site urban park spaces.

There were no public comments on the plan, but Scott Adams, a lawyer representing the project developer, told the Board of Supervisors they think the development will be an asset to the community.

“It’s also something where we think it’s going to spur additional revitalization in the area,” he said.

The construction will take over the space currently occupied by The Block, a popular food hall. Adams said at an Oct. 11 planning commission public hearing that there are plans to retain The Block in some form.

The Board of Supervisors also approved the developer’s request to reduce parking requirements to 1.34 spaces per apartment unit — a 16% reduction from the county’s current requirement of 1.6 spaces per unit.

Adams said the redevelopment has a focus on creating “a safe and inviting pedestrian environment.”

“So we’ve removed a turn lane on John Marr Drive [and] provided wildlife landscape amenity panels on both sides of the 10-foot mixed-use trail,” he said.

A nearby bus stop on John Marr Drive will also be upgraded with a bus shelter and ADA-accessible pad.

Anchored until 2018 by K-Mart, which got replaced by K Market International, the Eastgate Shopping Center is home to several restaurants and grocery stores. Although the planning commission recommended the board approve the plan earlier this month, some members warned against the gentrification of the area’s retail and restaurants.

Mason District Supervisor Penny Gross said she was happy to see the plans becoming a reality.

“The original idea was a mixed-use town center in phases and now, 15 years later, the first phase is coming to fruition,” Gross said.

The Herndon Town Council wants to move forward with creating a new advisory committee focused on the small business community.

The committee would focus on developing recommendations from the town’s recent business survey, which highlighted the business community’s desire for more support from the town.

Councilmember Kevin LeBlanc introduced the recommendation at a council work session on Tuesday (Oct. 17) in response to the findings.

Respondents to the survey, conducted by Priority Metrics Group (PMG), said they would like to see the town have more business-focused events, such as networking, promotional, or informational sessions. LeBlanc said that would be the focal point of the committee.

“I feel like it’s really important that we do something that’s kind of immediate to show that we’re acting on the results,” LeBlanc said.

According to a town staff memo, the committee will have six to eight representatives of small businesses based in Herndon, and it will be in place for six months or until the recommendations are provided. The group’s job will be to “provide prioritized recommendations with details and analysis of cost/approach specific to events the town can provide or support in collaboration with other groups,” the document states.

Councilmember Donielle Scherff supported the idea of the committee, saying it would benefit the council in multiple ways, even if she feels it doesn’t go far enough.

“We get the benefit of the experience and the background of those who are serving on each individual subcommittee or committee,” she said. “And then they get our immediate attention so that there is no lapse and we are responsive.”

Councilmember Cesar del Aguila also voiced support for the idea, noting that there were “a lot of actionable items” in the survey.

“I think we pick one or two and put resources to it — let’s show that we are committed,” Aguila said.

The next steps include identifying a town council member to serve on the committee and selecting other people to be on the committee. However, the timeline is unclear, as the council said it would need legal advice on how to put the committee together.

Photo via Google Maps