Fairfax County Courthouse (staff photo by Jay Westcott)

(Updated at 9:35 a.m. on 4/18/2023) A Fairfax County grand jury opted not to indict the police officer accused of shooting and killing Timothy Johnson outside Tysons Corner Center in February.

The Fairfax County Office of the Commonwealth’s Attorney was scheduled to share an update in the case with a press conference at noon, but the event was canceled after the grand jury’s decision came out. The news was first reported by NBC4 Northern Virginia Bureau Chief Julie Carey.

Commonwealth’s Attorney Steve Descano said in a statement that he had anticipated the grand jury to come through with an indictment, to the point where he told Johnson’s family this morning that they could expect one.

“I can only imagine their pain and shock when they received the news that the officer — who shot and killed their unarmed son — was not indicted,” Descano said. “Since, by law, no prosecutors were permitted to be present in the room when the investigating officers made their presentation to the grand jury, I can’t say for sure what information was conveyed to the grand jurors. In light of this outcome, I am evaluating all options on the path forward and continue to grieve Timothy’s loss.”

Prosecutors had sought charges for involuntary manslaughter and reckless discharge of a firearm.

An attorney representing Johnson’s family said the family had no comment for the time being. The Fairfax County Police Department didn’t immediately return a request for comment.

Two police officers shot and killed Johnson, a 37-year-old man from Maryland, after pursuing him by foot across a parking lot at Tysons Corner Center on Feb. 22. He had allegedly tried to shoplift sunglasses from Nordstrom.

Fairfax County Police Chief Kevin Davis fired one of the officers involved in the shooting last month. While the officer’s name wasn’t mentioned, the Washington Post reported that he was Sgt. Wesley Shifflett, a seven-year veteran of the department who was believed to have fired the fatal shots.

The second officer — previously identified as eight-year veteran James Sadler — was kept on modified restricted duty but remains employed by the FCPD.

In the wake of the shooting, Johnson’s parents and the Fairfax County NAACP have questioned the uptick in shootings by county police under Davis’s tenure, particularly in 2022, and the department’s lack of a policy dictating when officers should engage in a foot pursuit, despite one being recommended.

The FCPD announced on March 3 that it had agreed to let the nonprofit Police Executive Research Forum (PERF) study the recent shootings for broad trends, though the study won’t specifically focus on Johnson’s death.

PERF will also provide guidance to the department for a potential foot pursuit policy.

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U.S. Capitol surveillance videos captured a man identified by the FBI as Falls Church resident Hatchet Speed entering the building on Jan. 6, 2021 (via U.S. Attorney’s Office)

A local Navy reserve officer has been sentenced to prison for having unregistered gun silencers that he bought after participating in the Jan. 6, 2021 Capitol insurrection.

Hatchet Speed, a 41-year-old Falls Church resident who once worked for a defense contractor in Vienna, was handed a three-year prison sentence by U.S. District Judge Michael S. Nachmanoff, the U.S. Attorney’s Office for the Eastern District of Virginia announced Thursday (April 13).

According to prosecutors, Speed bought three silencers from a Georgia company in March 2021 while “panic buying” at least a dozen guns in the wake of the attack on the U.S. Capitol by Trump supporters seeking to stop Congress from certifying the results of the 2020 presidential election.

From February to May 2021, Speed purchased at least twelve firearms and spent more than $40,000 at stores that sold firearms, firearm accessories, and ammunition. According to court documents, the defendant began stockpiling weapons after participating in the incursion at the U.S. Capitol on January 6, 2021, a time when he anticipated civil war and spoke of the need for political violence.

In March 2021, during the midst of his firearm purchases, Speed purchased three silencers from a company in Georgia. While the silencers were marketed as “solvent traps” ostensibly to be used in cleaning the barrel of a firearm, they were actually designed to serve as silencers. The silencers were not registered to Speed in the National Firearms Registration and Transfer Record, as required by law. By circumventing the registration requirements for silencers, Speed was able to take possession of the silencers within a week of purchasing them.

Speed told an undercover FBI agent in early 2022 that he believed the “solvent traps,” or silencers, “would come in handy” for fulfilling his vision of targeting and killing “the opposition,” meaning Jewish people, according to the U.S. Attorney’s Office.

A federal grand jury in Alexandria indicted Speed on three counts of possessing unregistered silencers — one for each of the devices — on Sept. 14, 2022 and he was convicted on Jan. 20. He faced a maximum potential sentence of 30 years in prison.

Last month, a federal judge in D.C. convicted Speed for felony obstruction and four misdemeanor crimes related to the Capitol insurrection. Spotted in security footage wearing a red “Make America Great Again” hat, Speed spent just over 40 minutes wandering the Capitol building halls before exiting through a window, an FBI agent said in a statement of facts.

Speed is scheduled to be sentenced in that case on May 8, according to the Washington Post.

According to the FBI agent’s statement, Speed is a petty first-class officer in the U.S. Naval Reserves assigned to the Naval Warfare Space Field Activity at the National Reconnaissance Office in Chantilly.

He previously worked a software developer for a defense contractor in Vienna before resigning “as he delved deeper into fringe ideologies,” the Post reported.

Speed isn’t the only Fairfax County resident to face criminal charges related to the Capitol attack. Springfield resident Joseph Brody was charged in September after allegedly assaulting a police officer with a barricade.

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Morning Notes

Kwanzan cherry blossoms in bloom (staff photo by Angela Woolsey)

Person Trapped in Car in Annandale — “Approximately 10:45 a.m., [Sunday] units were on the scene of a car overturned in the 5000 block of Backlick Road. One occupant was trapped. Extricated by Rescue Squad 426, Edsall Road, and transported to hospital with minor injuries.” [FCFRD/Twitter]

Innovation Station Development Nears Vote — Loudoun County supervisors discussed the latest draft of the Rivana at Innovation Station project last week, scheduling a vote for May 16. Straddling the Fairfax County border, the development “could include more than 2,700 apartments or condominiums, 450 hotel rooms, 2.4 million square feet of office space, 347,000 square feet of commercial space and 127,000 square feet of ‘civic uses,’ the last of which could include a performing arts center.” [Loudoun Times-Mirror]

Students Adapt to FCPS Ban on Cellphones — “A new report from the Fairfax County, Virginia, school system, reveals 459 students were written up for cellphone violations during the first semester of the current school year…[The new policy] was initially met with backlash, but students have since conceded that it helps them focus on their work.” [WTOP]

FCPS Hires Neurodiversity Specialist — “Fairfax County Public Schools added three specialists to its roster in an effort to better meet the needs of neurodivergent students. One of the new hires, Kristen Haynor, ‘is believed to be the first Neurodiversity Specialist in a U.S. K-12 public schools setting,’ the system said” [Northern Virginia Magazine]

Four Cybersecurity Companies Become One in McLean — “The New York investment firm Achieve Partners acquired two local firms — McLean-based W@tchTower and Stage 2 Security in Lanham — along with Phoenix-based Mosaic451 and Metmox in Schaumberg, Illinois, over the course of 2022 and has merged them into a new, McLean-based company called UltraViolet Cyber.” [DC Inno]

Tysons Nail Salon Considers Expansion — “Nothing in Between is a nail salon founded by Jade Kim Trusso in 2016 in Falls Church — with a second, larger location, complete with massage services, that opened mid-pandemic at Capital One Center…Trusso plans to open additional corporate locations in Northern Virginia, perhaps near Amazon.com Inc.’s second headquarters, and she said the franchising of Nothing in Between could begin as soon as June.” [Washington Business Journal]

Police Chief Highlights Pets Up for Adoption — “We’re excited to announce that each month, Fairfax County Police Department’s Chief Davis will select an adoptable pet to feature. We’re calling it ‘Chief’s Choice.’ This month’s Chief’s Choice is Despacito, who has been in our care since last September.” [Fairfax County Animal Shelter/Facebook]

Skateboarding Event Planned at Wakefield Park — “You’re not going to want to miss this year’s Skate the Wake at the newly redesigned Wakefield Skate Park! Join the Park Authority on May 13, from 10 a.m. to 2 p.m., for a full day of fun and entertainment, featuring celebrity guests, music, food, door prizes, local vendors and more.” [FCPA]

It’s Monday — Light rain. Mostly cloudy. Mild. High of 66 and low of 56. Sunrise at 6:29 am and sunset at 7:47 pm. [Weather.gov]

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James Madison High School flags (staff photo by Angela Woolsey)

A Reston woman who teaches at James Madison High School was arrested yesterday (Thursday) for reportedly having a sexual relationship with a student.

The student “disclosed an inappropriate sexual relationship” to school administrators, who notified law enforcement on Wednesday (April 12), the Fairfax County Police Department said in a news release today (Friday).

“Detectives were notified and assumed the investigation,” the FCPD said. “Detectives determined Allieh Kheradmand, 33, of Reston had unlawful contact with a student over the past several months.”

Kheradmand works at Madison as a learning disabilities teacher. She has been employed by Fairfax County Public Schools since 2016, according to police.

She has been charged with four counts of indecent liberties by a custodian of a student, a felony offense in Virginia. She’s currently being held without bond at the Fairfax County Adult Detention Center, per the FCPD.

Kheradmand has been placed on administrative leave, FCPS Superintendent Michelle Reid and Madison principal Liz Calvert said in a message to families and staff.

“In Madison and across FCPS, our primary responsibility is the safety and security of everyone who enters our doors,” Reid and Calvert wrote. “This is something we take very seriously. As educators, we are entrusted with the wellbeing of the children in our care every day. It deeply affects us when someone appears to have broken that trust.”

The FCPD advises anyone with information about this case, or other possibly related incidents, to contact its detectives at 703-246-7800, option “4.” The department also accepts anonymous tips by phone (1-866-411-TIPS) and online.

The full message from FCPS is below.

Madison High School Families and Staff,

We need to inform you that Fairfax County police have announced that a teacher at Madison High School has been arrested and charged with four counts of indecent liberties by a custodian of a student. The employee has been placed on administrative leave.

In Madison and across FCPS, our primary responsibility is the safety and security of everyone who enters our doors. This is something we take very seriously. As educators, we are entrusted with the wellbeing of the children in our care every day. It deeply affects us when someone appears to have broken that trust. Please contact Fairfax County Police Major Crimes Bureau if you have any information you would like to share at 703-246-7800, option 3.

If you have specific concerns about your student, please contact our main office or your child’s school counselor.  You can find your child’s school counselor on our website. School staff will support students in any way they need.

 

Sincerely,

Liz Calvert

Principal

Madison High School

 

Dr. Michelle C. Reid

Superintendent

Fairfax County Public Schools

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The Fairfax County Government Center (staff photo by Jay Westcott)

Fairfax County is currently set to keep its real estate tax rate the same as last year, but some local residents accused county leadership of trying to disguise a tax hike for local residents.

During a meeting on Tuesday (April 11), the Board of Supervisors held a public hearing for the fiscal year 2024 tax rate, which is likely to hold steady at $1.11 per $100 of assessed value.

The staff report notes, however, that holding the tax rate steady is effectively an increase in the tax bill for most residents. According to the report:

It should be noted that the total increase in assessed value of existing properties is expected to be 5.68 percent, including an increase of 6.97 percent for residential real property and an increase of 1.65 percent for non-residential real property. As a result, most property owners would experience an increase in their real estate tax bill even if the tax rate remains unchanged.

The tax rate drew the ire of some locals in the public comments, who said the relatively low attendance at the meeting was another sign that the public didn’t fully understand what the tax rate would mean for their bills.

“In his March 7 email, the Chairman said the advertised rate of $1.11 is unchanged from last year,” said Arthur Purves, president of the Fairfax County Taxpayers’ Alliance. “That statement is in violation of the Virginia Code, which states that previous years’ rate must be lowered to offset an increase in assessments.”

He claimed that the rate should be lowered to $1.05 and accused the County leadership of underhanded dealing when it came to the tax rate.

“A good rule of thumb for homeowners is that when supervisors say they are reducing the tax rate, expect a tax hike,” Purves said. “This is because the Supervisors only reduce the rate when there is an assessment increase and the rate is never reduced enough to offset the assessment increase.”

Purves said that, even as someone aware of the ins and outs of the budget process, it was still frustratingly difficult to find out when the public hearing on the proposed tax rate was being held. Others said they had similar challenges finding out when the budget hearings would be held.

“These taxes are a significant financial burden for businesses and homeowners alike,” said Justin Mastrangelo. “While I understand what you’re trying to do behind the increase, it can be difficult for many of us to absorb the cost.”

Board of Supervisors Chairman Jeff McKay previously called the budget forecast a “real mixed bag” and indicated to FFXnow that he would support a reduction in the tax rate, though the board hasn’t signaled how much of a drop is under consideration.

Others at the public hearing noted that inflation and changing real estate markets would, as Mastrangelo said, put much of the costs onto county residents.

The tax rate is open to feedback until May 2, 2023. The Board of Supervisors is scheduled to vote and adopt the FY 2024 budget on May 9.

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Shotted at Tysons Corner Center draws a late-night crowd during Ramadan (via yasminehassan/TikTok)

Rabia and her sister, Remsha, say Shotted is usually a “midnight move” with friends since prayers during Ramadan can last until 11 p.m., but when they visited around 8:30 p.m. this past Tuesday (April 11), a consistent line was already forming.

Some patrons were first-timers, like one group who said they’d learned about Shotted on TikTok, while others are regulars — all of them drawn as much by the buzz of community as the coffee.

“It’s about getting the community together, like I get to see people I haven’t seen in years at Shotted,” Rabia said. “So, it’s become a little tradition.”

Of course, it doesn’t hurt that the drinks are “high quality,” in the words of one patron.

“I don’t think it has to do with anything about being a religious thing,” another man said when asked about Shotted’s appeal. “I think they just offer good coffee, nice pastries. I feel like it’s comparable or even better than Starbucks.”

The favorable comparison to Starbucks would likely please Alhenaki, who says he wants “to take the typical coffee shop experience to the next level.”

Inspired by Saudi Arabia’s booming cafe scene, Shotted started in 2019 as a pop-up at festivals and universities around the D.C. area before landing its kiosk at Tysons Corner Center in 2020.

While establishing a business in the midst of the Covid pandemic was a challenge, Alhenaki says the support for the coffee shop “has been incredible” from not just the community, but also the mall, which agreed to the extended Ramadan hours.

“It is very important to us to support our local community,” said Tysons Corner Center Director of Property Management Jesse Benites. “During Ramadan, practicing members of the community value Shotted as a place to gather, socialize and connect with each other. Our decision to allow Shotted to extend their hours is a way that we are able to facilitate this connection.”

A regional shopping destination, Tysons Corner Center attracts businesses that serve international tastes like Shotted and Cha Tea House — a Pakistani cafe that gained a following as a food truck in Springfield — because of the area’s diversity and many universities and embassies, according to Alhenaki.

Muslim himself, he’s aware that, with alcohol off limits, nightlife options during Ramadan are limited. The Khalids, for instance, traveled 40 minutes to visit Shotted, a minor undertaking compared to the two hours Rabia says her friend will journey from Baltimore.

“We want to share something unique to the market and the community,” Alhenaki said. “We want to be able to have this brand start in the DMV and then expand nationally, and that’s our goal.”

Read more on FFXnow…

Morning Notes

Walking by 2910 District Avenue in the Mosaic District (staff photo by Angela Woolsey)

Updated at 12:55 p.m. — The National Park Service has delayed the GW Parkway changes due to forecasts calling for inclement weather over the weekend. The lane shift is now expected to begin around April 21-24.

Earlier: Reminder: Southbound GW Parkway Closure Begins — “Starting Saturday, the National Park Service will begin making changes that will slow traffic on the northern part of the George Washington Memorial Parkway until December 2025…On the northbound side, there will be three lanes instead of the usual two, with the middle of the three being reversible.” [ABC7]

Man Killed in Chantilly by Falling Tree — “A man died while cutting trees in Chantilly, Virginia, when one fell on him Thursday afternoon. Fairfax County police said he and others were working in the area, cutting down trees behind homes on Pleasant Valley Road.” [WTOP]

Lake Accotink Boat Launch Closed for Now — “The boat launch at Lake Accotink Park will be closed until further notice. The water levels at the lake were lowered to facilitate the replacement of the flashboards at the top of the dam. Progress on this project is moving along smoothly, but the lowered water levels have created shallows that are not passable by boat.” [Walkinshaw Advisory]

Pajama Ban No Longer Proposed by FCPS — “Fairfax County Public Schools in Virginia is no longer considering a change to its dress code that would have prohibited students from wearing pajamas or sleepwear to school. Virginia’s largest school system unveiled the proposed change…last month. But in a statement, a county schools spokeswoman said the proposal is no longer included in the draft of the handbook.” [WTOP]

Thefts Have Increased in Mount Vernon District — “According to data from Fairfax County Police Department’s (FCPD) Crime Analysis Unit, the number of assault offenses, larceny/theft offenses — including larceny of motor vehicle parts — and motor vehicle thefts were higher from January to March 2023 than they were from January to March 2022.” [On the MoVe]

Falls Church Auctionhouse Pitches Development — The Falls Church City auctionhouse, Quinn Enterprises, has submitted a plan to redevelop three parcels at S. Washington starting at the Annandale Road intersection. The project would replace the auctionhouse and a nonprofit’s headquarters with a 10-story mixed-use building with senior housing and commercial space. [Falls Church News-Press]

Reston Cybersecurity Startup Raises Over $3 Million — “With the help of a recent seed round, Reston, Virginia-based trackd seeks to test a novel model for cybersecurity…The company anticipates raising another round later this year for further growth,” while developing a concept called “collective defense” that suggests organizations can work together “across different industries to defend against cyber threats.” [Technical.ly]

Hilton Repeats as Second Best Place to Work — “Tysons-based Hilton ranked at no. 2 in the nation on Fortune’s 100 Best Companies To Work For list. Three additional Fairfax County-headquartered companies placed on the list.” Hilton was also ranked second last year, but the second-highest Fairfax County company, Capital One, dropped to No. 15 after placing 10th in 2022. [Fairfax County EDA]

It’s Friday — Light rain. Overcast. Warm. High of 82 and low of 60. Sunrise at 6:33 am and sunset at 7:44 pm. [Weather.gov]

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Visitors hang out by the Perch Putt food trucks at Capital One Center (courtesy Capital One Center)

The new Sisters Thai in Tysons remains a work in progress, but community members will get a taste of what’s to come next month at Perchfest.

Set for May 19-21, the spring edition of Capital One Center’s biannual festival at The Perch (1803 Capital One Drive) will feature food tents for three of the development’s upcoming restaurants, along with live music, lawn games and other activities offered in the past.

In addition to Sisters Thai, which is building its biggest location yet at 7730 Capital One Tower Road, showcases are planned for Stellina Pizzeria (1610 Capital One Drive) and the upscale American restaurant Ox & Rye (7770 Capital One Tower Road).

“Capital One Center is delighted to host the next celebration of Perchfest — our biannual signature event at The Perch, which has become an exceptional rooftop experience for our community and Capital One associates,” Meghan Trossen, Capital One Center’s marketing and community affairs manager, said in a press release.

Trossen said there are no updates yet on actual opening dates for the restaurants. Sisters Thai and Stellina were previously projected to open in the later half of 2022, while Ox & Rye is slated for winter 2023.

The Tex-Mex restaurant Ometeo and a Spanish concept called Santi are also on the way, but they won’t be among the food offerings at next month’s festivities.

Capital One Center, the mixed-use development around the financial giant’s Tysons headquarters, has turned Perchfest into a spring and fall tradition since The Perch opened atop Capital One Hall in 2021. The festival typically draws about 15,000 people over three days, according to Trossen.

Next month’s festivities will include live music by local bands, kid-friendly activities like face-painting and inflatable lawn games, a morning fitness class, and a pop-up box office for Capital One Hall, which will sell fee-free tickets for upcoming performances.

The Watermark Hotel will also have a presence, offering merchandise and prizes as well as “VIP” packages with “special access to festival perks, an upgraded suite overlooking The Perch, welcome amenities and more,” per the press release.

Starr Hill Biergarten and the Perch Putt mini golf course and food trucks will be open throughout the weekend.

Perchfest will run from 4 p.m. to midnight on May 19, 11 a.m. to midnight on May 20, and 10:30 a.m. to 5 p.m. on May 21. Admission is free, but Capital One Center recommends registering in advance and making a donation to its charity partner, Lucky Dog Animal Rescue.

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Crosswalk upgrades are proposed at Monroe Manor Drive and Monroe Street in Herndon (via Google Maps)

It’s repaving and restriping season once again, with public meetings coming later this month on proposed projects that would add bicycle lanes and improve crosswalks.

April marks the beginning of an annual process that ends in November with hundreds of miles of roadway being repaved and restriped by the Virginia Department of Transportation (VDOT).

In Fairfax County, more than 1,700 miles of roadway are expected to be repaved this year. The work often leads to new bike lanes, shoulders, crosswalks, signage, and street markings.

The program is “an opportunity to increase driver, bicyclist and pedestrian safety with road and crosswalk improvements while minimizing the financial investment in restriping work,” the Fairfax County Department of Transportation says on its website.

The first virtual public meeting hosted by VDOT and FCDOT will come on April 17 at 7 p.m. and cover proposals in the Hunter Mill and Providence districts.

One plan would add bicycle lanes on Glade Drive between Sunrise Valley Drive and Reston Parkway in Reston by narrowing the driver travel lanes.

In addition, upgrades are proposed at Monroe Street and Monroe Manor Drive in Herndon. This could include “marked crosswalks, high-visibility crosswalks and/or crosswalk signage,” the county says.

After a proposal for Ellenwood Drive was discussed at a separate meeting in February, the Providence District could get more bicycle lanes at four spots in the Merrifield and Annandale area:

The lanes would be added by narrowing travel lanes or “repurposing underutilized parking lanes.”

Upgrades are also being considered for the intersection of Willow Oaks Corporate Drive and Professional Center Access Road in Merrifield. This could include marked crosswalks, high-visibility crosswalks, and additional signage.

Comments on projects in both districts will be accepted through the close of business on May 1.

Virtual public meetings will be held to discuss projects in Sully District on April 18, Franconia and Mount Vernon on April 19, Braddock and Mason on April 20, and Springfield on April 26.

Most of the proposed projects in those districts would also add bike lanes and improve crosswalks.

While all repaving and restriping work is set to begin soon and conclude by November, exact work dates for each project will be available “approximately ten days prior to work beginning.”

If the repaving requires parking to be limited, signs will be posted at least three business days in advance. Parked cars, basketball hoops, and garbage cans may need to be moved to accommodate the work.

In general, work hours will be limited to “outside of rush hours” with crews typically on-site in neighborhood streets on weekdays between 9 a.m. to 3 p.m. However, on interstates and some primary roads, work might happen overnight to limit the impact.

Residents should expect construction vehicles in their neighborhood during the project, and the county is asking motorists to “be alert to temporary traffic patterns.”

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Pimmit Hills community members rally against Washington Gas’ proposed natural gas pipeline in 2020 (courtesy Devin Buries)

Cheers went up after the Fairfax County Board of Zoning Appeals (BZA) ruled last year that a natural gas pipeline planned through the residential neighborhood of Pimmit Hills will need to be reviewed and approved by the county.

However, even when proposing that decision on Feb. 2, 2022 after a multi-day public hearing, BZA Vice Chairman James Hart acknowedged that the case over the sixth phase of Washington Gas’ Strip 1 Tysons project was likely headed to court.

That court date will arrive this month. The utility company’s lawsuit seeking to vacate the board’s decision will go before a Fairfax County Circuit Court judge for a trial on April 25 and 26, spurring Pimmit Hills residents to rally together once again in opposition to the pipeline.

“We’re concerned citizens, you know. It’s our neighborhoods, our streets, our children, our playgrounds, our schools,” said Kurt Iselt, one of four residents named as defendants in the lawsuit after they brought the case to the BZA.

The challenged pipeline segment is the last stage of a push by Washington Gas to upgrade its natural gas infrastructure in the Tysons area, replacing a 14-inch-wide line with a 2-feet-wide, high-pressure one.

In the works since 2012, the overall project will span approximately five miles from Tyco Road to a regulator station at the Pimmit Drive and Route 7 (Leesburg Pike) intersection.

Phase six will be routed from Peabody Drive to Cherri Drive and Pimmit Drive to Route 7 —  right through the heart of Pimmit Hills. Washington Gas had considered an alternate route along Magarity Road and Route 7 but said construction would take longer and bring more disruptions.

The planned Strip 1 Tysons pipeline route. An alternative path, in green, was proposed for the sixth phase (via Google Maps)

After initially denying it twice, the Virginia Department of Transportation approved a permit for the project in 2019, despite opposition from residents and local and state politicians representing the area.

At the request of Islet and fellow residents Christina Chen Zinner, Sarah Ellis and Lillian Whitesell, a county zoning administrator reviewed the project and decided it qualified as a “light utility facility” exempt from local regulation per the county’s zoning ordinance (page 241), which hadn’t yet been struck down.

The lawsuit by Washington Gas argues that the BZA lacked the authority to partially overturn the zoning administrator’s determination and require the project to obtain a special exception permit and undergo a 2232 review.

“Phase 6 is part of [the] Petitioner’s ‘ordinary distribution system’ that delivers natural gas to its customers and located in a VDOT right-of-way. Accordingly, Phase 6 is exempt from the zoning ordinance,” the petition filed on March 3, 2022 states, asserting that the BZA’s decision violated “decades of precedent” and state law.

The petition also argues that the Pimmit Hills residents haven’t shown that they would “suffer concrete, particularized harm” from the pipeline’s construction and, therefore, had no legal standing to appeal the zoning administrator’s decision.

The residents contend that the size and high-pressure nature of the proposed pipe makes it far from “ordinary,” particularly for a residential neighborhood already grappling with an aging sewer system and frequent construction to update or replace 1950s-era houses.

“There’s a reason these ordinances and these safety measures are in place,” Zinner said, recalling a 2021 gas explosion that injured workers in Springfield and a leak in February that closed key Reston roads. “We don’t want them to take a shortcut around this because it might save them some money, but these are our families, our children, our elderly community that are at risk, and it’s just we value people over profits.”

A Washington Gas spokesperson said the company “does not comment on pending litigation.”

While only four residents are involved in the lawsuit, their call for the pipeline to be rerouted — or at least go through the county’s zoning review process — has broad support. A Gofundme page started by the Pimmit Hills Citizens’ Association to help cover their legal fees has raised over $21,000, nearing its $23,000 goal.

Travis Sloane learned about the project after moving into Pimmit Hills in 2020. The pipeline will be about 20 feet from his living room on a street where he walks his 4-year-old daughter to day care, he says.

“If you want to have that quintessential idea of David and Goliath, a utility company is trying to do all of this, and none of us have those deep pockets,” he said. “…But I think it speaks volumes that the community is willing to come together on such an important issue and where we all stand on it.”

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