Braddock District Council - Pulse of the Community
Link to the Braddock Beacon & Walkinshaw Advisory
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Zoning Changes for Data Centers
As you may know, proposed zoning changes pertaining to how data centers are approved are to be acted on by the Planning Commission on 5 June and the Board of Supervisors on 16 July.
The main impetus for such changes is a proposed development (“Plaza 500”) in the Bren-Mar area of Mason District. However, the issue of how data centers are approved by the County is one that affects every magisterial district, including the Braddock District.
Therefore, in line with the mission of the Braddock District Council, here are the steps we are taking to give you a chance to speak out on this issue:
Providing Factual Information:
The following links provide pertinent information from the Department of Planning and Development (DPD) on current zoning requirements and proposed changes. “By right” provisions currently in effect for some land use categories eliminate the possibility of community input and could result (as in the Plaza 500 proposal) the location of a large data center right on top of a residential community without residents being able to be heard by their elected officials. Making approval subject to a “Special Exception” would allow for public input prior to a decision.
Providing Notification of Public Meetings:
The Fairfax County Planning Commission will discuss and vote on proposed changes to current zoning requirements at a public hearing on 5 June at 7 p.m. at the Board Auditorium, Fairfax County Government Center, 12000 Government Center Pkwy, Fairfax, VA 22035. Speaker sign-up procedures are found here: https://www.fairfaxcounty.gov/planningcommission/speaker
The Braddock District Planning Commissioner is Mary Cortina who can be reached at Plancom@fairfaxcounty.gov
The Fairfax County Board of Supervisors will take public comment and vote on proposed changes at its 16 July meeting at the Government Center. Ways to provide input are found here: https://www.fairfaxcounty.gov/clerkservices/ways-provide-public-hearing-testimony
Getting Your Direct Input:
I have put this issue on the agenda for the upcoming 19 June BDC meeting in order to get a consensus from members on adopting an official BDC position on the proposed zoning changes. If the membership approves, this BDC position will be communicated to Board of Supervisors prior to the 19 July Board public hearing.
Meeting with Our Supervisor:
At the request of Tyler Ray, the president of the Bren Pointe Homeowners Association and leader of a grass-roots community effort that has resulted in the scheduling of the two public meetings noted above, I am in the process of arranging a meeting with Supervisor Walkinshaw sometime after the BDC June meeting and before the 19 July Board of Supervisors meeting. That is why your input at the June meeting is so important so that I can give Supervisor Walkinshaw the sense of the Council on this issue. I ask that you or a delegated voting representative attend the 19 June Council meeting.
I appreciate your attention to this issue. I realize that the staff reports have a lot of technical language and charts to wade through. In addition to the sheer size of data center buildings, there are important collateral issues of energy consumption, water usage, power line construction, and noise. While data centers are necessary in our modern world, the bottom line is to ensure that County land use policies and zoning regulations allow citizens the opportunity to be heard on where data centers are placed and what development conditions apply to mitigate their impacts on residential communities.
Bob Cosgriff
Chair, Braddock District Council
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Corporate Transparency Act
Latest Update (December 2024)
On 6 December, a Federal judge in Texas ruled that the CTA was unconstitutional and issued an injunction that halted the reporting requirement. The BDC filed its report two days prior to the ruling, based on the requirement as it then existed and as we understood it to apply to us. During 2024, we advised member associations to seek legal counsel on this issue. Advice was conflicting. For now, unless the injunction is overturned on appeal, it appears that the reporting requirement is suspended. However, again, the best advice is to seek legal counsel. There are other lawsuits against the CTA so it is possible that this matter will eventually reach the Supreme Court for resolution. We will keep members apprised of further developments.
The BDC is staying engaged and informed on the upcoming Corporate Transparency Act.
Please see the letter that Chair Bob Cosgriff sent to Congressman Connolly and copied to Supervisor Walkinshaw in early May.
Please see the letter that Congressman Connolly sent to FinCEN on August 19, 2024.
More information on the Financial Crimes Enforcement Network and the Beneficial Ownership Information can be found here.
Corporate Transparency Act (CTA) Update (August 2024)
As you know, the Center for Financial Crimes Network has imposed a “beneficial ownership” reporting requirement on a wide variety of corporations in an attempt to create a national database to fight money laundering and terrorism. This requirement include community, civic, condominium, and homeowner associations like those comprising the Braddock District Council. (It also includes the Council itself).
The following information regarding recent actions that have been taken to revoke the CTA’s reporting requirement for community associations was provided to me by Kevin Morse, president of the Woodwalk HOA and former treasurer of the Braddock District Council. Thank you, Kevin.
On 15 July, 2024, Representative Richard McCormick (R-GA-6) introduced H.R. 9045 to amend title 31, United States Code, to exempt entities subject to taxation under section 528 of the Internal Revenue Code of 1986 from certain beneficial ownership reporting requirements. Specifically, H.R. 9045 would exempt community associations from the requirements of the Corporate Transparency Act (CTA).
Presently, this bill has no co-sponsors in the House of Representatives, nor is there a companion bill yet filed in the U.S. Senate. The Community Associations Institute (CAI), a national trade group, is asking community associations to contact their congressmen and senators to support this legislation. Information on how to do this can be found here:
https://www.votervoice.net/CAI/Campaigns/116499/Respond
Furthermore, The CAI Board of Trustees approved filing a lawsuit to exempt and protect community associations from burdensome requirements outlined in the Corporate Transparency Act. FinCEN can modify its requirements by regulatory action, but so far has resisted doing so for community associations. Further details on this lawsuit can be found here:
https://www.caionline.org/Advocacy/Priorities/CTA/Pages/landing.aspx
I strongly encourage your association board to review the information found in the two links above and take action to let your voice be heard in Congress.
The Council will keep you updated on any further developments regarding the CTA. In the meantime, it would be prudent to be prepared to report under the terms of the CTA since there is no guarantee that the amendment or the lawsuit will result in eliminating the requirement by the reporting date of 1 January, 2025.
Bob Cosgriff
Chair
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Current issues at the forefront of the community
Trash Service
Fairfax County government is aware of and is working on problems with American Disposal Company. There are three ways for you to present a formal complaint:
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Go to this page and fill out the form;
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Send an email to the solid waste compliance team at dpwesswmptrashmail@fairfaxcounty.gov;
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Call the Public Works and Environmental Services office at 703-324-5230.
Fairfax County operates two transfer stations open 7 days a week where residents can, on their own, bring a variety of household waste. While there are fees for bagged or bulk trash, brush and yard waste as well as appliances, etc., recycling is free as is the disposal of household electronic items and hazardous waste. Complete information can be found here: Recycling and Trash Locations and Hours. You can even get free mulch!
Shape the Future of Aging
https://www.fairfaxcounty.gov/familyservices/older-adults/fairfax-50-plus-community-action-plan
Lake Accotink Dredging
https://www.fairfaxcounty.gov/publicworks/stormwater/plans-projects/lake-accotink-dredging-ac89-0009
https://www.fairfaxcounty.gov/parks/planning-development/lakeaccotink
https://www.fairfaxcounty.gov/topics/lake-accotink-task-force (Task force on the Future of Lake Accotink)
Braddock Road Multimodal Improvement Project
https://www.virginiadot.org/projects/northern-virginia/braddockmultimodal.asp
https://www.fairfaxcounty.gov/transportation/projects/braddock-multimodal
BLUE Committee Resolution on the VDOT Braddock Rd. Project
Presentation by Mike Perel on VDOT Braddock Rd. Project - February 2023
Charge-Up Fairfax
Parking on Guinea Road
The Virginia Department of Transportation (VDOT) recently evaluated the south side of Guinea Road from the shopping center entrance to Sandy Lewis Drive to determine if any parking restrictions were warranted based on current program practices. As a result of this review, No Parking signs were installed east and west of the marked crosswalk across Guinea Road at Zion Drive to assist in maintaining an open sight line for drivers and pedestrians, in addition to preventing drivers from parking within the flow line of a roadway drainage area. This No Parking Zone extends from approximately 100 feet west of the Zion Drive intersection eastward to the bowling alley entrance. A No Parking Zone is also being implemented on the east side of Sandy Lewis Drive for approximately 125 feet for crosswalk visibility as well.
Braddock Nights Concerts and Arts in the Park Events
Persons interested in volunteering and supporting these initiatives should contact staff aide Irma Mejia-Lewis at irma.mejia-lewis@fairfaxcounty.gov