The Board of Supervisors, in a 5 to 4 vote last week, overturned one of the zoning administrator's decisions even after some members admitted she was right.
Zoning Administrator Melinda Artman had told Greenvest LLC, a Vienna developer, that its plan to build only one access road and an emergency road at Lowes Island, a community within Cascades, was unacceptable. Greenvest plans to build up to 160 condominiums in the last section of undeveloped land in Lowes Island during the next two years.
Artman said the Conceptual Development Plan requires two access roads in the area. Greenvest appealed, and half a dozen Lowes Island residents testified against the second road, saying it would ruin their view and run too close to their homes and through a golf course. The board granted the appeal after Vice-Chairman Bruce Tulloch gave Greenvest a tongue-lashing.
"Shame on Greenvest. What I see is Greenvest wants their cake and eat it too," he said. "I'm, quite frankly, offended."
He said he wanted to fix "that mess, but not on the backs of these people."
"MELINDA YOU DID the right thing," Tulloch said. "She is right, but I'm going to vote against her,"
Lori Waters (R-Broad Run) said Artman was doing her job. "These people are already having a bad government experience," Waters said. "I'm tired of bad government experiences. I'm going to rule on the side of reason."
Packie Crown, vice-president of Planning and Zoning for Greenvest LC, said she has been involved with the development of Cascades since 1990, working with Greenvest and Chevy Case Bank. She said it was typical for issues to be raised about the Conceptual Development Plan, which was adopted in the mid-1980s. "But construction of that road was precluded by the county's approval of the Lowes Island Club and Golf Course Development," she said. "I think the board realized the road required in the Concept Plan cannot be constructed."
Artman said Greenvest's proposal to build an access road on the south side of the property and an emergency access road on the north end would force residents to travel through a street yet to be created to reach Lowes Island Boulevard.
"The need for two access points … has been the county's position for several years," Artman stated in her written findings. Greenvest acknowledged the need, "but continually chose to delay addressing the issue until the final stages of development," she said.
"We had been telling them for nine years, you have to have the road somewhere. Show us where it is going to be," Artman said. "Their response was, 'We'll worry about it later.' I'm paraphrasing, of course."
Scott York, chairman of the Board of Supervisors, said he voted against the appeal because Artman was correct. "This is a safety issue for the future residents locating in Lowes Island," he said. "They should have a second access point … so fire and rescue can get back into those housing units."
Crown said the emergency access road provides the solution. She said Greenvest rode with the Volunteer Fire Department to make sure it was adequate.
York charged the Republican majority of the board with making a political statement. "This was all about five Republicans telling this developer who gave them substantial money during the election, he could get out of compliance."
Tulloch countered, "I won't even justify that with a comment other than to say that is the most absurd thing I've heard in my life."
York said the developer sent out a "scare tactic" letter to Lowes Island residents, writing Artman would require Greenvest to build the road through the Lowe's Island Club. Both Artman and York said she never told the developer that the second access road had to go through the golf course. She said there were two alternative places for an access road.
CROWN SAID GREENVEST really thought the road had to go through the golf course in compliance with the Conceptual Development Plan. "That road is shown on the concept plan," she said.
Aaron Georgelas, who lives in Lowes Island, said the road would have destroyed the green buffer between the homes and clubhouses. The developer did not disclose the possibility of building the road when he bought his home.
"If somebody is going to build a freeway in your backyard, it has to be disclosed," he said. "And it appeared the only way the developer could have built the road was through eminent domain."
Georgelas, president of the Medinah Home Owner's Association, said he was relieved that the Board of Supervisors granted the appeal. "It helps the neighbors sleep at night when they know there is no way a road is ever going to go through there."
Dr. John S. Saia, also a resident of Lowes Island, said he received the letter. "We didn't like the idea that it would disturb our setting," he said. "I have no idea how many trees they would taken down."