Rose Hill Civic Association
P.O. Box 10891
Franconia, VA 22310

March 30, 2005

Supervisor Dana Kauffman
Lee District
County of Fairfax
6121 Franconia Road
Franconia, VA 22310

Dear Supervisor Kauffman:

As you are no doubt aware, the team of Ken Thompson Associates and Diane Cox Basheer Communities no longer has a valid contract with property owner Vic Basha Real Estate Development & Construction to develop the vacant 23-plus acre tract in our community known as Rose Hill Park Section III.

The property was the subject of Special Exception SE 2003-LE-036 approved by the Board in July 2004. The Board action culminated almost a year of discussion and negotiation among the development team, the County staff and out community. The development conditions covered all of the concerns voiced by the community during that period.

Since then, we have closely followed the site plan process to make sure the conditions were followed and additional soils tests verified that construction of homes in specific areas was appropriate. Last December, the development team conducted extensive additional soils tests required by Mr. Olawale Ayodeji, Chief of the County’s Geotechnical Section, Department of Public Works and Environmental Management. Those tests, as far as we know, were never submitted to the County.

At this point, we are unsure as to the future of the property. We are concerned that the deduction of 14 lots from the previously approved 59 may be in jeopardy. With that in mind, we have invited Kathy Lewis, the staff coordinator for the case to arrange for a briefing at our April 26 meeting to update us on the status of the conditions attached with the Special Exception. I understand proffers runs with the land. However, because the land is the subject of a Special Exception, I want the community to hear first hand what the legal situation surrounding the conditions.

We also understand that the property can now be developed as a cluster by right, bypassing some of the important conditions of the Special Exception. We have invited Mr. Ayodeji to brief us on the cluster-by-right requirements.

I also have invited the landowner, Mr. Basha, to attend and update us with any future plans he may have in the works.

Because of the extensive clearing associated with the recent soils test, the residents along Carriage Drive are experiencing increased water runoff from the site. And, to make matters worse, there is ATV traffic on the site because some of the barriers are no longer adequate to discourage trespassers.

The situation is particularly acute in the area of the Bradburys at 6429 Carriage Drive and the Kohms at 6427 Carriage Drive. During last week’s heavy rain, the Bradbury and Kohm yards were a virtual river of muddy water cascading down the hill from the site behind their houses. Just a day earlier, Mr. Bradbury witnessed an ATV exit the site by crossing his yard. He had to leap out of the way to avoid being hit. However, he did get the license number and the culprit has been identified and charged.

Now, after reading the above, you might ask what you can do to help!

We would appreciate the assistance of your office and the County staff to help make sure the property owner takes appropriate steps to alleviate the increased water flow. The clearing done to accommodate the drilling equipment for the recent soils tests has resulted in channels directing the water offsite and onto the neighbors’ property.

Further, we ask that Public Works survey and correct any open storm drains on the property. Several of the storm drains installed 40 years ago are inoperable and some of them apparently still collect water and distribute it off site. Some of the inlets and/or access lids are open and present a hazard to children in the neighborhood who may wander onto the property.

I understand Bob Kohm is working with the County Health Department concerning potential mosquito problems caused by the standing water. Bob also has discussed the issue with Jeff McKay. I will leave this issue in their hands.

I would appreciate any assistance you and the County staff can provide correct the water runoff and safety issues and provide information as to the status of the Special Exception. We thank you for your past assistance with the many development proposals for this property and would be pleased if you could join us on April 26. The meeting will be held at 7 p.m. at the John Marshall Library. Maybe we will all get to meet Mr. Basha!

Cordially,

Carl L. Sell, Jr.
President, RHCA

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