Board of Supervisors defers vote on Spectrum shopping center
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| “Lot 8,” the home of Concetta Difalco, whose family opposes the Spectrum development. |
The Fairfax County Board of Supervisors approved a motion March 3 to defer a decision on the Spectrum shopping center proposal until March 24. The project, to be built by Spectrum Development, would be on a 2.7-acre property on Leesburg Pike between Washington and Charles Street and Washington Drive in Bailey’s Crossroads.
The BoS did, however, unanimously approve the Bailey’s Gateway project, an apartment building with 433 units on Columbia Pike and Carlin Springs Road.
At the March 3 hearing on the Spectrum development, 13 people, most of them residents of the Courtland Park community, urged the supervisors to reject the plan, saying, for the most part, that it would have a detrimental impact on the quality of life in their neighborhood.
Brent Krasner of the Fairfax County Planning and Zoning Department, told the BoS the planning staff recommends the project be denied, primarily because plans for a drive-through pharmacy and the inward-facing entrances on the center’s three buildings don’t conform to the Bailey’s Crossroads comprehensive plan, which calls for an urban, pedestrian friendly streetscape.
Mason Supervisor Penny Gross, however, is an ardent supporter of the project, and it’s extremely unlikely that the other supervisors would vote against it.
Courtland Park resident Irene Xenos has been outspoken in her opposition, mobilizing local residents and organizing a petition drive against it. Since the Planning Commission approved the project on Feb. 12, Xenos has reached out to individual supervisors to present her concerns. As a result, a couple of them raised some pointed questions during the hearing.
Supervisor Jeff McKay (Lee) disputed Spectrum’s contention that CVS won’t participate in the project unless it can have a drive-through. There was a similar conflict with a CVS proposal on Lockheed Boulevard next to Route 1, he said, and that pharmacy was eventually built – without a drive-through.
Supervisor Linda Smyth (Providence) asked why the CVS couldn’t have two doors, including an entrance on Leesburg Pike. The response from Spectrum attorney Barnes Lawson: Two doors would present a security problem, and the center needs to be convenient for drivers because the vast majority of customers will arrive by car.
A proffer dispute
Xenos’ main problem with the Spectrum development is the plan to align the ingress/egress to the shopping center from Washington Drive with the driveway of “lot 8,” the house where her 93-year-old grandmother, Concetta Difalco, lives.
To address that concern, Spectrum had submitted a proffer to provide a landscaping buffer and driveway turnaround on lot 8. Initially, Spectrum called for the Xenos family to do the work and agreed to reimburse them up to $10,000, she explained after the hearing. The Xenos family preferred that Spectrum do the work on their property, and during the Planning Commission hearing, Peter Batten of Spectrum agreed and promised to meet with the Xenos family to discuss the work but never followed up.
During the BoS hearing, Spectrum’s architect briefly showed a picture of the plan for lot 8. “They made it sound like we agreed. We never agreed to any of this. We never even saw it before,” Xenos said later.
She said none of that work would be necessary if only Spectrum would move the entrance to the shopping center, but Spectrum told her that VDOT said it wasn’t possible. A VDOT official, however, told her later that there was no problem moving the entrance.
Nicholas Xenos, a resident of Courtland Park, told the BoS he opposes the project because increased activity would lead to more crime in the neighborhood – and the police aren’t responsive enough to crime in the area now. Jamal Bunyas, a resident of Washington Drive said the shopping center plans call for dumpsters to be located next to his father’s bedroom and that Spectrum failed to move them or provide a fence.
24-hour fast food
Other residents who spoke at the hearing against the project cited traffic congestion, big delivery trucks on neighborhood streets, 24-hour fast food restaurants, insufficient buffer zones, pedestrian safety concerns, and declining property values.
Dionysios “Denny” Xenos, Irene’s brother, called it “an all-out assault by a commercial entity on our residential neighborhood.” Nicholas Ferk, whose home on Charles Street would border the shopping center, said, “I don’t want a hamburger joint next door.”
The Fairfax County Transportation Department is requiring the project to include a realignment of Charles Street and Glen Forest Drive, and the county’s planning staff says Spectrum’s plan for doing that unworkable.
Adrian Dominguez, the owner of the Glen Forrest Shopping Center and Glen Forest Annex on Leesburg Pike, told the supervisors she supports the development but opposes the road realignment because it could result in the loss of about 28 parking spaces at her shopping centers.
The neighbors knew the CVS would be open 24 hours a day but were concerned about the restaurants. Spectrum kept saying the times hadn’t been set, Irene said, but Courtland Park resident Gwen Doddy Lowit found a “statement of justification” in the documents stating “the anticipated hours of operation of the fast food restaurant(s) will be 24 hours,” and they would serve an average 300 customers per day.
The only tenant so far, other than CVS, is Smashburger, although there is room for up to five other tenants. Spectrum has insisted that the restaurants would be “fast casual,” such as Smashburger and Chipotle, and not “fast food.” But there’s no distinction between those types of restaurants in the zoning code, so there’s no guarantee that there wouldn’t be a Burger King or McDonald’s in a few years.
Lowit also told the BoS she is concerned about the drive-through at the CVS, and noted that Janet Hall, the former planning commissioner representing Mason District, tried to get CVS to eliminate the drive-through. When Lowit contacted CVS herself, she said, “they wanted to work with the community and would do what the county wanted.” Later she received a phone call from Batten telling her it was “inappropriate” to contact CVS.
When Batten was given a chance for a rebuttal at the hearing, he claimed the Xenos family was trying to get more money and the discussions were not productive – and that’s why he stopped meeting with them. He also said having a shopping center in the neighborhood would be safer than a dark, vacant lot.
Developer vs. community
Gross put forth the motion to defer a decision (to March 24, 3:30 p.m.) “to give us some more time to answer some of those questions.” She said redevelopment of the site has been under discussion for many years, and the current proposal is a big improvement, although she acknowledged, “it’s not perfect.”
According to Gross, the site used to have an abandoned house, had been subjected to a zoning violation for the storage of trucks, and, at one point, homeless people living on the property started a fire that burned down a garage, killing two people.
While Gross said she’s received a lot of emails from residents opposing the project, the Glen Forest Community Association and the pastor of Culmore Methodist Church support it. It should also be noted that the Mason District Land Use Committee voted against it.
Irene and Denny later told the Annandale Blog they believe Gross is on the side of the developer, rather than the community.
Irene said she asked for a private meeting with Gross numerous times, but “she refused to meet with us without the developers present.” When the meeting was finally held, which included about a dozen residents, Irene said Gross told them, “If you’re here to oppose this project, you’re wasting my time and yours.”
“Penny is not my representative; she is an agent of Spectrum. She completely sold out to them,” Denny said. “They know they’re screwing us. They just want us to go away. They’re being allowed to bully the whole neighborhood.”
When they talked to other supervisors, “they told us we have a compelling case but it’s unprecedented to go against a supervisor” when the project is in their district, he said. “We understand that. We feel like we’ve been left in open waters with the sharks, the way Penny Gross is treating us.”
58 responses to “Board of Supervisors defers vote on Spectrum shopping center”
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Support anyone but Psnny in the next election.
Penny Gross is no one's representative, but Developers. She doesn't care about the citizens who live in these residential areas. She continues to allow all commercial rezoning to happen in our neighborhoods.
good article! it is insane that Supervisor Gross wouldn't work with the community and try to find a solution. it sounds like the development would be fine for most people if they restricted the hours, changed the entrance points and lost the drive-thru. none of those are that major in the scheme of things and sounds pretty fair for the Supervisor to be working towards.
This is a prime example of the NIMBY mentality I've frequently been criticizing here. A bunch of locals living next to a commercial lot putting up an endless stream up obstacles to development even after the developer makes significant concessions. There is absolutely no reason for the BOS to capitulate to a bunch of NIMBY'S who think they can micromanage a development to suit their own narrow interests. Walgreens obviously knows that there's significant value in having a drive thru lane added to their drug store. Furthermore, it should be left to market forces to determine the type of eating establishments that will operate in that shopping center. I'm no fan of Penny Gross, but I believe that she's acted more than fairly in attempting to bring the respective parties together. However, it's become obvious that the critics of this project will never be satisfied. So, it's time to end this impasse and finally allow Spectrum to turn this eyesore into a productive shopping center.
first off, it is a CVS, not a Walgreens. you should read before commenting! also, the neighborhood is not against a development of the commercial lots at all, only how it is configured. they could reconfigure this easily. the county staff gave this a denial for the same reason. is the county staff NIMBY?
The planning staff's recommendation is based on the assumption that anything that doesn't conform to the Bailey's comprehensive plan is unacceptable. However, this wouldn't be the first time the county planning staff has made that type of recommendation only to be overruled by the BOS. If you followed these matters. you'd know that most infill developments like this one rarely conform strictly to planners' notions of what's acceptable. There's nothing about this proposed project that doesn't fit within the overall pattern of development along Leesburg Pike. We're not dealing with a town center concept that requires strict adherence to a centralized layout. Spectrum has made enough proffers here to demonstrate that it's acting in good faith. That's in stark contrast to the rabble rousing of the largely uninformed and increasingly arrogant opponents of this development. The BOS may have deferred a decision on this matter for the time being, but I'm confident that the supervisor's will eventually approve it.
you actually don't know what you are talking about, the plan calls for fast food to be discouraged, no drive throughs, for it to be walkable and more urban. the staff's concern is about the drive thru design more than having a drive thru in the end. look at the design, it is dangerous for drivers and walkers. second the charles street realingment is a huge issue for the county and it is not properly addressed here. because of this design, the county will have to spend more tax payer dollars than we would have to re do the road which is in VDOTS plans. If they make the developers do it right now, it will cost all of us less later.
this is not NIMBY. I live closer to shopping centers on Columbia Pike then I will to this development. The problem is that the developer is trying to put too much on a small lot. Look at the staff report – the staff is against it and they don't live there!
"A tree is just a lazy, unemployed log." – 12:09
I empathize with residents of Courtland Park. It unfortunate to have a development so close without proper consultation by the developer. It seems the developer is not being as accommodating as they could be. I'm sure the Courtland Park residents realize that this lot would have been developed at some point. To their credit they dont seem to be opposed to this out right but want Spectrum to implement certain things.
In regards to CVS not amendable to move there without a drive thru, I'm sure that is important factor to them. This CVS is supposed to replace the one on South Jefferson street which does not have a drive thru. If CVS doesnt get drive thru than I would think they may just choose to stay where they are.
Hopefully they can find solution, this project should be doable to the satisfaction of all the parties involoved.
Sounds like Spectrum is a Penny Gross preferred developer Mason District can do without.
I highly recommend that residents of Mason District watch the BoS public hearing on this matter. It is long but well worth your time. Go to the 6 hour 48 second marker using this link here:
http://video.fairfaxcounty.gov/MediaPlayer.php?view_id=2&clip_id=323
No thank you. I would much rather watch the snow fall.
so say the deal doesn't go through. What happens then? The area of land stays an unmaintained plot that homeless people continue to use as a bathroom and living area? Geico parking lot continues to house a dilapidated building that will continue to rot away, Geico parking lot continues to hold illegal yard sales on every Saturday during spring and summer months! We haven't heard of any other options for this parcel of land. Surely the community and the developer can come to some middle ground and see that this project is completed.
This is the asinine process of our community not being able to come to any reasonable consensus and acceptance of realistic expectations and economics.
If this area remains vacant, those who fought this without any sense of compromise deserve for this to turn into the "White Van Hell Depot" welcoming them and their visitors to a new normal-the slums.
Work with Spectrum and come to an acceptable compromise, the alternative will be much more painful……sorry this is what urbanization does in an unplanned inner suburban mess. Agree to an acceptable buffer and work with the retail owners to manage the after hours traffic, garbage and lighting. There are no easy answers and doing nothing is detrimental.
I'm glad you asked this question.
As a community, we actually WANT the commercial lots developed.
The problem is that Spectrum Development was told that they needed to get more land to have the minimum required acreage (because apparently THAT isn't something that they could get a waiver for…I really think the County could grant them a waiver on those minimum requirements).
When Spectrum was forced to go under contract with the residences, they needed a third building to make their profit margin higher in order to cover the additional costs.
Because of the additional building, as well as the CVS demanding a drive-thru, the ingress/egress to the site was moved to align DIRECTLY with my grandmother's driveway. (By the way, the driveway is a part of the FRONT yard, so I would appreciate if people stopped calling me a NIMBY. I didn't even know what that word meant until this happened. I tend to stay out of political messes.)
So, what we are asking for is that if CVS MUST have a drive-thru, then it needs to be a normal drive-thru. If you look at the plan design, you will have to note that the circular drive-thru is actually LARGER as the third building. This reduction would provide room for reorientation of the third building, and allow the ingress/egress to the site to be moved closer to Route 7.
I will say this. My family does NOT want money from Spectrum and we do NOT want landscaping. We pursued the buffer landscaping at the suggestion of Supervisor Gross when she and the developers repeatedly told us that VDOT would not allow for a different location. I continued to request a meeting with the liaison at VDOT. Well, I found out that VDOT has actually not reviewed the egress/ingress. The developers and Supervisor Gross LIED to us in hopes that we would capitulate.
What my family wants is that the ingress/egress be moved to line up with the office building across the street. It's about a 30 foot adjustment.
Should someone be killed by a car slamming into one of us, the County is opening itself up to a significant lawsuit because we are on public record asking for the ingress/egress adjustment.
As for the fast food restaurants, if we MUST have fast food, then we need proffers to make sure that they close at 10:00 p.m., since two of the restaurants could be steps away from residences.
We are not being unreasonable. We want something developed. We just want the development to be reasonable.
I have to make another note. Spectrum Development took their rebuttal time to slander my family's reputation by making false accusations that even started to bother their champion, Supervisor Gross. I will warn Spectrum Development that they may find themselves party to a slander lawsuit should they continue to harass us publicly.
I think our neighborhood can work out a solution together, but it will require Supervisor Gross to become neutral in the matter and not Spectrum's advocate.
I hope this answers any questions, but I am willing to talk to anyone in person if that is needed. Everyone knows where I live because of this project.
The County should take the land off Spectrum hands and build a shelter where undocumented residents throughout the DC area can come and wait to be asked to do work at sub-minimum wages for building contractors and home owners.
As things stand now, many individuals looking to make money doing a hard day's work are hanging around the BP gasoline station down a few blocks East from this empty lot, with no protection from the elements or from an errant driver who can make a wrong turn and run over one or more of these human beings.
The real selling point of this project is that it is guaranteed to increase the home values of all the homes near to this site.
This is a Win-Win-Win. The NIMBYs defeat Spectrum and Gross. Spectrum wins by selling this property to Fairfax County for a profit. And Mason District proves it has a heart and open arms for all the new Americans who are entering the USA in spontaneous "acts of love" as Jeb Bush likes to say.
that would be fine with me and i live in the area. there is a need for more shelters.
You must be the developer for the "White Van Depot Hell"
i have no idea what you are saying but there is nothing wrong with providing social services and they need to go somewhere.
I didn't buy my home in Mason District to relocate to the social services, white van center of Fairfax County.
"3/5/15, 7:52 PM"
You seem like a very judgmental, close-minded person, but I hope you can find a place in your heart for those who were born in less fortunate circumstances and are willing to relocate to a new nation and to work hard to better their lives and the lives of their family.
Anyone following this at all should know the neighborhood welcomes development and wants to work with Spectrum and has been trying to but Spectrum won't budge on a number of things there could be middle ground on. About half the proffers are actually things that are required by the County anyway and are there to make it look like they are doing things they have to anyway.
We haven't heard of any other options as they weren't presented before. Watch where Gross says a number of people approached her about the lots before and she didn't let them move forward.
So if you say the neighborhood is against development you are incorrect. Against the current configuration is correct and that should be solvable if Spectrum weren't being such privileged white guys thinking they have the right to not have to work with the community to find middle ground.
See now, you bring in race and sex and make you and other opponents of this development appear to be immature and disrespectful people.
What is your race and sex since you felt it was appropriate to insert these factors into this conversation?
I'm a white male
So, you are pajama boy.
if Spectrum wanted to compromise, they would have a proffer that there couldn't be any 24 hour fast food and places had to close by 10. that would be compromise. they claimed they didn't have any set hours multiple times and they were lying as it was right there signed by their lawyer.
Completely agree.
Also, don't you think with the Comprehensive Plan Amendment that a developer who is a little more sensitive to the neighborhood (and quite frankly intelligent business people who do not want to make enemies out of their future consumers) who will come along and pursue this?
It sounds like this issue requires some mature mediation to facilitate a solution. What I hear is name calling, speculation, and intransigence by all parties.
The solution will not be perfect, and it is up to the leading parties to package this in a way that portrays the ultimate solution as the best and most feasible. The developer needs to make a profit-hello its a business, but they need to be a good neighbor, the County needs to help facilitate an acceptable solution – knock, knock, that is your job; the residences need to be less emotional and more engaged in a rational discussion, process and analysis of expectations.
i agree. there should be a compromise and move a long. the problem is where is the leadership in the county to do this. if gross is unable to get this solved, maybe someone else from the county needs to step up and solve this issue. it seems like a lot of low hanging compromises that can happen to solve these issues and make everyone live with things and move a long.
The emotions get involved because you know you are paying Gross to do nothing for the community. Gross would not work with many communities in the past and until she gets kicked out of office this will continue. Please also remember Bulova and Gross are two peas in a pod. The supervisors of the other districts should stand up to Penny & Sharon and stop being bullied into doing what they know is wrong.
The one unintended consequence of this dispute is that it's made me feel bad for Penny Gross. I never thought I would feel sympathy for her (at least as supervisor) but having to put up with this distraction must be truly aggravating. Hopefully this project will be approved quickly so she can direct her attention to more meaningful issues.
Doing her job and dealing with citizens are a distraction? Sounds like you must work for her.
Dealt with? Miserable choice of words. Try heard repeatedly without avail. They simply haven't gotten what they demand. And it's plain from this thread that they never will. And, btw, I'd advise the other supervisors to nail their office doors shut at the approach of these guys.
Is asking for compromise demanding? That's all most of the neighbors want is some compromise on a few issues. Seems simple
Hence why we have reached out to other Supervisors. We have tried to work with Supervisor Gross since this past summer.
What would make me like this project alot more is instead of my grandmother's front yard being a 4 way intersection is for them to move their ingress egress up closer to Leesburg Pike.
They could even keep their 3 buildings if they moved the one building into the area where the driveway is and build a small driveway like the CVS on 11003 Lee Hwy, Fairfax, VA 22030.
What I'm suggesting here is actually more urban friendly as all 3 buildings will be up front and the drive through will be small and in the back.
To those who don't think they can move the building to the front I'll show you links to the project through the magic of MS Paint.
http://oi60.tinypic.com/24d37tf.jpg
http://oi60.tinypic.com/24d37tf.jpg
The thing is Spectrum doesn't want to redraw their plans and why would they when Penny is just going to approve it? Save a couple of bucks to screw the neighborhood over.
Afterall, they're rezoning so that the only thing we can do is sell to whomever wants to develop the office in front of us.
Also for those of you mentioning white vans, I'm also opposing this because when people get out of their white vans and walk, they will do so through this development and into our neighborhood to reach Columbia Pike. They already do so at 3451 Washington Drive if you want to see the foot path they've trampled in there.
Thanks for posting those pics. I wasn't clear about where the egress/ingress situation exactly was.
Who the hell uses a drive through for a pharmacy? Food, sure. Ok. I get it. But if I have a question about my medication, I'm not going to awkwardly shout it through the drive through window.
Mason District Resident, the world does not revolve around you.
Many people like drive-thru pharmacies, just like many people like drive-thru banks.
While I not going to awkwardly shout out a question in a bank's drive-thru line about how to invest my lottery riches, some other lucky business person who did not "make" their riches may prefer to use the drive-thru.
See, the great thing about capitalism and freedom is that people get to make choices, and are not limited by some nimrod's (that would be you) opinion.
i am going to go out on a limb and say a lot more people like drive through banks than pharmacies.
Anonymous 4:08, is is the lazy lump "nimrods" like you that can't even get out of their car to pick up a prescription that are the reason that Mason District will never be able to grow smartly.
We don't need ANY more drive-thrus in Mason. Let's leave the drive-thrus behind in the 20th century. People drive cars to get around. But your butt can leave a seat once in a while.
A correction to the article, it was not Barron Lawson that responded to Supervisor Linda Smyth (Providence)'s question, it was Jeff Saxe, with Kimley-Horn. CVS has had multiple problems with trying to push their design on communities that do not want them. If you search the internet, you will find at least ten communities fighting CVS. The problem is that they want to do whatever they want even if it does not comply with the area's zoning laws.
There are simple solutions to most of these problems which a good land use person could help solve to help sort this out. I hope someone can figure this out and it's fair to all,the sides involved. Seems like only the county the developers and courtland park need to figure this out and the rest of us can shut up.
Really enjoyed the comment that this case is a "distraction" for Penny, keeping her from more important issues. Duh? What exactly is her job, if not representing her constituents? Also interesting that Penny turned down previous proposals for this parcel. She did the same thing at the current CVS site at Culmore. The original owner wanted to develop the parcel and save the soccer field. Penny turned down that plan, ignoring community support of the deal and eventually approved an Eckerd pharmacy, now CVS..
There is a Rite Aid at Culmore several blocks from the proposed site which, regardless of easy pedestrian access, rarely has more than a handful of people in the store. There is also a Safeway Pharmacy across the street.and a Giant and another CVS less than a mile away. Has there been a market survey to determine exactly who will be using this facility?
It's fascinating how easily you and others can toss around gratuitous business advice. Do you seriously believe CVS hasn't performed an analysis of this site's ability to support a drive through pharmacy? There are substantial numbers of pharmacies in direct competition with each other throughout this area. The fact that they're still being built speaks for itself. The principal difficulty with this conflict isn't just that the local residents mistakenly believe they're entitled to micromanage the construction of this site. It's that they also believe they should be able to dictate the types of businesses that operate on it. As the residents will eventually discover, there's no legal or other reason the developers have to tolerate that level of interference. They've made a generous number of proffers and those should be sufficient. The real problem here is that the local residents chose to live in close proximity to a commercial site which has finally become the target of intensive development. So, while the residents might not appreciate what's happening, it's not the developer's responsibility to cater to their every whim.
"As the residents will eventually discover, there's no legal or other reason the developers have to tolerate that level of interference."
Good point.
And that's why we need an effective Mason District Supervisor to represent the community interest.
Gross must go.
Actually no, Gross needs to stay exactly where she is.
The people who attack Gross because she has not done enough from their view to advance their position in this particular situation and who claim Gross is pro-developer and anti-community are too emotionally invested in this situation to influence my view of Supervisor Gross.
Its so much easier to blame Gross than to take on some responsibility for this mess. PG may not be perfect, but you people are bigger complainers than the losers we have on Capitol Hill.
I suggest that some of these constant complainers without reasonable, intelligent and well thought our solutions from PROFESSIONALS rather than from the KNOW NOTHINGS who earned their alleged knowledge on the home decorators' networks go back to school and get a real degree or hire a professional and then come to the table. Until then, shut up and eat!
So if Gross has done a great job please tell me what she has done. I see nothing.
If she was in the back pocket of the developers as these blogger claim, we would look like Clarendon or Tysons. Knock, knock, is anyone home?
Once again what has Penny Gross done for the Mason District? So far I see no answers!
"Once again what has Penny Gross done …" Mason is solidly Democratic. Sharon Bulova is highly popular here. Penny Gross keeps getting reelected because she's a loyal supporter of Sharon Bulova. That's been sufficient to keep Penny in office since 1995. The Republican have accepted this reality which explains why they've only run token candidates in the last couple of elections. Answer your question?
responding to this"
I suggest that some of these constant complainers without reasonable, intelligent and well thought our solutions from PROFESSIONALS rather than from the KNOW NOTHINGS who earned their alleged knowledge on the home decorators' networks go back to school and get a real degree or hire a professional and then come to the table.
Explain the County staff and the Land Use Committee denying this then. Aren't they the professionals?
Before commenting on something, please know more about the situation as otherwise you come across like the un educated person on this subject that you are.
Nice, another know nothing who knows something. Geez with all these know somethings in Mason we should be living in paradise………….NOT!
There is a drive through at the Rite Aid which has never been operational. The fact that another pharmacy is being built does not indicate a need for one. A number of residential neighborhoods predate the commercial development around them. What is the purpose of revitalization?, Is it to benefit the community who live there or the developers who invest and profit? Isn't it possible with patience and understanding to have it a plus for both parites..
Great. 443 new homes translates to what? 1,000 new people? 750 more cars? 50 more students?
I don't understand how the BoS can approve these things.