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:
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.
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:
If you haven’t signed the petition – click here to sign it online.
If you have already signed the petition – please ask two new people to sign!
[Photo: Jim Kirby]
You may want to familiarize yourself with Rescue Reston attorney’s letter to the Board of Zoning Appeals (BZA). If you opt to speak at the hearing, you do not need to talk about the legal arguments – our attorneys have that covered. It’s more important that you speak about how the redevelopment of the golf course would affect you financially and personally.
Below are links to the letter and the exhibits listed in the letter. These are separate files because some of the files are quite large. Exhibits 9 and 10 contain the details of the argument from 2012.