The Petition for Appeal of the decision of the Board of Zoning Appeals, which was filed on May 15, 2015 on behalf of ten Reston homeowners and two cluster associations, can be found below. The BZA overturned certain key decisions of the Fairfax County Zoning Administrator regarding potential development of the Reston National Golf Course.
These ten homeowners and two cluster associations all own property adjacent to the golf course and have legal standing to file the petition for appeal because they all are directly impacted and harmed by the BZA’s decision, which opens the door to re-development of the golf course property. While Rescue Reston as an organization may not necessarily have legal standing under Virginia law to file an appeal and therefore is not a party to the appeal, it is supporting the homeowners and cluster associations because a win for these parties will help to protect the golf course as the open space it was always intended to be, and will thereby benefit all residents of our community. Your contributions to Rescue Reston will help fund the costs of this litigation.
The Fairfax County Attorney’s Office and Reston Association have also filed appeals of the BZA ruling. We will posting an update later with links to those documents.
Below are links to the related documents for this appeal:
Join Us for a Live Webcast to Learn About the Appeal of BZA’s Decision and How You Can Help!
LIVE WEBCAST – featuring an update on the appeal to the Fairfax County Circuit Court in defense of the permanent open space that Reston has always expected at the 166 acre Reston National Golf Course.
WHEN: Tuesday, May 19, 2015 from 8 p.m. to 9 p.m.
WHERE: by phone and/or internet
Rescue Reston’s David Burns and John Pinkman plus Randy Greehan will provide an overview of the timeline of events, discuss the impact of the Board of Zoning Appeals’ (BZA) decision and provide information about the appeal filed with the Circuit Court. There will be an open Q & A as part of the webcast.
Click here for to access the Smartcloud system to view the slides during the event on May 19th. Join as a guest and use password reston (all lower case).
For audio portion dial 888-426-6840. Access code is 61065076, and then press # key. To mute or unmute your phone, press *6.
This webinar is supported by IBM’s SmartCloud and Conference Call capabilities. Thank you to IBM for generously donating the use of the technology for this webinar to Rescue Reston.
Rescue Reston’s attorney Randy Greehan is working diligently on our appeal which will be filed by the May 15 deadline. Read more about Mr. Greehan’s experience here: http://www.gtpslaw.com/our-team/62-2/.
On Monday evening Reston Association will hear advice from their counsel, and on Tuesday the Board of Supervisors will hear from theirs. We each (RA, County, Rescue Reston) have different specific pieces we may appeal, but appeal we must. As we said last week: “Letting the BZA ruling stand unchallenged will disadvantage, now and in the future, the County and the Reston community from being able to regulate and control redevelopment requests for the 166-acre golf course property and potentially other properties in Reston within the RPC/PRC District.”
If you live in Fairfax County – we need you to email your County Supervisor NOW asking to appeal the BZA decision.
Below is a sample email. Copy and paste with your name and home address or modify as you choose. Live in a different district than Hunter Mill? Check here to find your District Supervisor’s email: www.fairfaxcounty.gov/government/board/.
Subject: Allow an Appeal of the BZA Decision regarding Reston National Golf Course
Dear Supervisor Hudgins,
I am writing to request that you authorize the County Attorney to appeal to the Circuit Court the BZA’s April 15, 2015, decision in Appeal Application A 2012-HM-020, RN Golf Management, LLC, Tax Map Ref Nos. 17-4 ((11))4A, 26-1((2))8 and 26-1((5))4. This appeal involved the Reston National Golf Course property.
The BZA’s decision was legally and factually wrong and needs to be appealed to the Court. It patently disregarded the approved development plans for the Reston National Golf Course, as well as the adopted Reston Master Plan and the County’s Comprehensive Plan, all of which only allow golf course and open space uses of the golf course property. Because of the findings and conclusions made by the BZA in conjunction with its decision, including some that the BZA failed to even put in its decision motion, it is patently obvious that the legislatively-approved RPC development plans for the property, certified by the Zoning Administrator as the final approved plans, were disregarded by the BZA. Letting the BZA ruling stand unchallenged will disadvantage, now and in the future, the County and the Reston community from being able to regulate and control redevelopment requests for the 166-acre golf course property and potentially other properties in Reston within the RPC/PRC District. The BZA’s ruling also could negatively impact other properties across the County in any situation in which the zoning staff was unable to locate pertinent County records in what the BZA determined was a “timely” manner.
The BZA’s decision needs to be challenged in the Circuit Court.
(your home address)
cc: Honorable Sharon Bulova
In preparation for a potential appeal, the Fairfax County Zoning Administrator has formally requested a clarification of the vague April 15, 2015 BZA determination on the status of Reston National Golf Course. Copies were sent to attorneys for Fairfax County, Reston Association and Rescue Reston. You can read it here.
Rescue Reston has a focused mission statement of opposing redevelopment of Reston National Golf Course into residential housing or any site development other than a golf course or comparable open space.
Our Board sees important parallels between defending the golf course property and the opportunity to purchase the 3.47 acre Tetra property (formerly the Reston Visitor’s Center). At stake is our control of open space and development in Reston. The Rescue Reston Board of Directors therefore recommends that Restonians vote yes in the Tetra Referendum, which is open for voting until 5 p.m. on Friday, May 8, 2015 (link to information and voting: Tetra Property Purchase).
All seven Rescue Reston board members are Reston Association members. Our own households have voted yes on the referendum. This is a rare opportunity to put this property under the ownership of our homeowner’s association, to serve our interests, and remove the potential for an unknown developer entity to commercially develop the site.
Thank you to the over 6,000 petitioners (both online and on paper) whose support will continue to be important. Please stay tuned at RescueReston.org for future updates as we move into the next phase of this land use battle.
This does not end today.
RE: RN GOLF MANAGEMENT, LLC, application #A 2012-HM-020 under sect(s). 18-301 of the Zoning Ordinance.
David Burns, Board Member
Rescue Reston is disappointed that the BZA has seen fit to overrule portions of the decision of the Zoning Administrator and we will carefully consider appealing this decision to the Circuit Court. We believe the BZA has ignored not only the law and the property rights of the thousands who own property adjacent to the golf course, but also the will of the more than 6,000 supporters of Rescue Reston, and the thousands more members of the Reston Association, who respect the Reston Master Plan and oppose development of the golf course. We thank our supporters, including the hundreds who attended the hearing in January to help present the community’s views, and will continue to work with you to overturn this BZA decision. This does not end today.
Rescue Reston Attorney Randy Greehan submitted RR’s response to RNGC’s submission of April 1.
Following the January 21 BZA Hearing, attorneys for all parties involved were given a chance to submit additional information prior to the April 15 BZA meeting. Attorneys had until April 1 to submit documents to the BZA. Now the attorneys have until April 7 to file responses to each other’s April 1 filings.
Below are links to the letter and exhibits submitted by Rescue Reston’s attorney.
Here are links to the other filings: