Growing up across from West Springfield High School, Del. Dave Albo (R-42nd) watched in horror as a developer cut down every tree in the James Creek community between the high school and the Fellowship Baptist Church while constructing houses. Development like that resulted in Albo's clustering bill, aimed at tree and open space preservation, scheduled to go into effect July 1.
"They wiped out every single tree," Albo said.
This clustering bill makes builders put the houses in the front part of the plot of land, preserving the rest in its natural state, decreasing the amount of trees cut down, the amount of driveway surface needed, and makes it easier for mass transit. It also allows builders to cluster houses by right, without a public hearing. It was introduced a few years ago but was bypassed a few times until it finally got approval by the Virginia General Assembly. In Springfield, this builder told Albo he had to get special permission to save the trees so he took the quicker route.
"They do not have to get special permission [with this bill]," Albo said.
Lorrie Kirst, Fairfax County Department of Zoning, is aware of the goals but also noted drawbacks on the bill.
"THE PRESERVATION of open space is one of the main goals. What people don't like about the by-right process is the lack of citizen input," Kirst said.
Jeff McKay, chief of staff in Supervisor Dana Kauffman's (D-Lee) office, noted the positives and negatives as well. Although it will preserve open space and trees, "it's removing a level of citizen participation that's very important. Right now, to do any cluster development, you need a special exception," McKay said.
One clustering case in the Rose Hill section of Lee District is being approved in June before the legislation goes into effect. Since there is a public hearing with this property, Kauffman's office was able to attach 34 special exception conditions, similar to proffers. That included restrictions on driveways, hours of construction operations, retaining wall height preservation and adhering to the Corps of Engineers restrictions.
"Under Dave's legislation, none of this would be part of it," McKay said.
ALTHOUGH "CLUSTERING" is in the name of the bill, Albo knows that word brings negative connotations, and wishes he named it the home repositioning bill.
"It does not allow anyone to build more homes than they're already allowed to build," Albo said.
Jolly de Give, spokesperson for the Piedmont Environmental Council, noted that any bonus density attached to a clustering project would require special hearings. Beginning in 2002 when Albo passed the bill, de Give monitored it.
"The bill that was passed was a lot better. Clustering is often a good thing," de Give said.
The time lag between the time the bill was passed in 2002 and enacted on July 1, 2004 was to let existing construction projects go through the process, de Give said.