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TOWN OF HERNDON VIRGINIA

MINUTES OF THE PLANNING COMMISSION

The Planning Commission met on Monday December 4 2000 in the Herndon CouncilChambers located at 765 Lynn Street Herndon Virginia Chairman Christopher JRiddick called the meeting to order at730pm The following were in attendance

Chairman Staff

Christopher J Riddick Henry G Bibber Director of CommunityDevelopment

Commission Richard B Kaufman Town AttorneyRobert Burk Elizabeth Gilleran Senior PlannerTheodore C Hochstein MichelleOHare Comprehensive PlannerKatherine K Mull

Commissioners Jay Donahue Arno K Randall and Carl Sivertsen were absent

APPROVAL OF MINUTES

Commissioner Mull offered a motion to approve the Planning Commission publichearing minutes of November 6 2000 Commissioner Hochstein seconded the motionThe minutes were unanimously approved

Commissioner Mull offered a motion to approve the work session minutes ofNovember 20 2000 Commissioner Burk seconded the motion The minutes wereapproved with a vote of 30 Commissioner Hochstein abstained

COMMISSIONERS COMMENTS

Commissioner Mull spoke about Peggy Vettersdevotion to the PlanningCommission Ms Vetter attended work sessions and public hearings until her illnessprecluded her attendance Commissioner Mull extended condolences on behalf of all ofthe Commissioners

Chairman Riddick stated that he too has many memories ofMs Vetter Heexpressed his sorrow for her loss and stated that she will be missed

STAFF MEMBERS COMMENTS

There were no comments from staff

CITIZENS COMMENTS

There were no citizens comments

PUBLIC HEARING ITEMS

1 ZONING ORDINANCE TEXT AMENDMENT ZOTA 0004 amending782 Definitions 786 Civil Violations and 781567 Applicability of ArticleProvisions Zoning Ordinance Herndon Town Code 2000 as amended to prohibitparking on front or side yards in residential districts except on a paved surface limit theextent of the paved surface and set civil penalties for the violation of these regulationsContinued from the November 6 2000 Public Hearing


Elizabeth Gilleran Senior Planner introduced the application stating that they arein the midst of a study that will impact the decision Staff is recommending that this itembe tabled until a later date

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QUESTIONS FROM THE COMMISSIONERS

Commissioner Hochstein asked if tabling the item would be the same as adeferral

Chairman Riddick stated that tabling would remove the item from considerationuntil it is brought back as a new agenda item

CITIZENS COMMENTS


COMMENTS FROM THE COMMISSION

MOTION Commissioner Mull moved that ZOTA 0004 be tabled CommissionerBurk seconded the motion Motion carried unanimously 40

2 APPLICATION FOR A SITE PLAN AND WAIVER FROM ARTICLE 39SITE PLAN AND 2839 10 REQUIRED IMPROVEMENTS SinghProperty Town Plan 0002 Application for a site plan to permit the pavingand expansion ofa commercial parking lot in the R10 Residential Zoning Districtwith a request that Article 39 Site Plan and 283910 Required ImprovementsZoning Ordinance Herndon Town Code 1992 as amended be waived Theproperty is located at 800 Third Street Herndon Virginia The property isidentified as Fairfax County Tax Map Reference 104002 Parcel 45B PropertyOwnerApplicant Jasbinder Singh Continued from the November 6 2000Public Hearing


Elizabeth Gilleran Senior Planner introduced a letter from the applicant that wasprovided to the Commission The applicant has requested that the plan he submitted bewithdrawn as a site plan and he has requested a waiver from the site plan requirementMs Gilleran stated that the Staffrecommends denial of the request for a waiver due tothe location ofthis commercial property within a residential district and the outstandingissues with the property


Commissioner Hochstein asked how long the Commission has been consideringthis application

Ms Gilleran responded that based on the Town Plan 0002 she is estimating thatthe application was received early in the year 2000

Commissioner Hochstein recalled that Mr Singh was cited nearly two years agofor the site plan violation

Commissioner Burk asked about the practical affect of not having a site plan

Ms Gilleran responded that the applicant is asking for a waiver of the preparationand submission of a site plan Ifthe Town Council denies the waiver then a site planwould be required of the applicant Ifthe Town Council approves the request for awaiver then no further submission would be required

Commissioner Burk asked what the ultimate outcome would be if the waiver weredenied and the site plan is not submitted

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Ms Gilleran stated that there would be a violation at that point ifno site plan weresubmitted

Chairman Riddick asked about a previous citation for the paving

Ms Gilleran responded that the applicant was cited for paving a portion oftheparking area without prior approval including a site plan

Commissioner Burk asked when the applicant was cited for the previousviolation

Ms Gilleran said that she was not sure but it was approximately sixteen monthsago Staffworked with the applicant for several months prior to the request for a waiver

COMMENTS FROM THE APPLICANT

Mr Jasbinder Singh applicant 800 Third Street stated that this has been atortuous case He introduced the handout submitted to the Commission includingphotographs of the landscaping which are on file in the Department ofCommunityDevelopment Mr Singh feels this package of information outlines the basis for hisrequest for a waiver for the submission of the site plan He feels that the paving of theparking lot is a small extension of all of the improvements that have been made on thesite This case has presented difficult determinations and he was confused about whatthe proper actions should be He feels the Staff was confused about what the properaction should be Over a year and ahalf ago he said that he wanted to get a waiver froma site plan requirement The Staffperceived it as a request for a waiver from the currentzoning requirements The Staff guided all of the discussions and he was at the tail endHe decided that he needed to file the request in his own way He has discussed this issuewith Mr Hammer and it has been decided to proceed in this manner The Staff told himthat it was not necessary to hire an attorney but he is now sorry that he did not do sofrom the beginning He stated that he owns a small consulting business and he hastestified as an expert witness for environmental issues and economics in severaljurisdictions

He purchased the building in 1991 after it had been occupied as a medical facilityfor over fifty years The building and the landscaping were in serious need ofrenovationwhich has been performed in three phases Major interior renovations were performedincluding replacement of lead water pipes deteriorated plaster walls and ceilingsantiquated telephone wires asbestos roof and restoration of the building to its originallayout The walls and bathrooms were removed from the patient rooms the wood floorswere refinished and the exterior was painted making the building much more appealingThe landscaping was a major project due to the poor quality of the soil taking four yearsto grow the grass on the property Many undesirable plant materials have been removedflowers have been planted and the exterior is much nicer than it was when he purchasedthe property The Heritage Preservation Review Board has approved the renovation atvarious stages and the building has been included in the Historical Homes tour for two ofthe nine years he has owned the building

The Town issued aviolation for the paving in the parking area even though nochanges have been made to the size of the parking area Storm water calculations havebeen made which he will submit as part ofthis application showing minimal adverseeffects on the adjoining properties In Feb 1999 he received the letter titled PotentialZoning Violation As an expert he has never come across the term potential violationand feels that you either have an alleged violation or no violation Even though the Codeis cited the letter ignores the fact that the building has a grandfather status The Staffcould have applied Section 28393 and taken care of the situation administratively Hefeels that the changes are minimal and this is a political decision When asked why thatpart of the section was not applied the Staffanswered that it was her discretion Hedoes not feel it was a violation when he removed the gravel parking and paved a portionon the back of the property and has asked for the waiver because of the definition ofconstruction He feels that a site plan should be required in the case of larger

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developments or major construction He will provide drawings outlining what he plans todo in the future He has not completed the renovation due to financial reasons and heplans to make future changes

The driveway needs to be expanded due to dangerous conditions and he haswaited all of these years to get permission to make these changes in order for the place tobe safe He has removed some trees since he is developing the property next door Inprinciple he agrees with the requirements but he will not know the grading until thehouse is finished He paved only a small area to save money but he would like to reservethe possibility ofpaving additional area to add to the parking spaces There are onlytwentyone spaces now with as many as twentynine people working in the building atany time He is also seeking approval of the paving that was done in 1998 He isconcerned about the drainage from the gutters since he is building a house for himself onthe adjacent lot He will make sure that water does not go onto his residential property

Stafforiginally suggested he use his drawings as a site plan even though theyclearly state they are not site plans They geared the discussion to sections that he feelsare not relevant or applicable due to the grandfathered status of the property He thinksthey have used the public hearing to force him to make concessions and when theymentioned a reduction in parking spaces he ended the discussions with the Staff He isnot willing to give up parking area under any circumstances He understands that he canbe forced to remove the asphalt surface if that is the choice made by the Commission andTown Council He wants to be provided with a definitive legal opinion as to why currentregulations apply to this grandfathered building and explain why minimal changes andphysical improvements require the imposition ofnumerous and unreasonable zoningregulations to this site

He feels that he did nothing wrong other than improve the property and make itsafer He has tried to be conscious of the neighbors and their needs He feels that theStaff is ignoring the fact that there is a fence they continue to request additional screenswhich he does not feel are necessary He feels that this all points to a reduction in theparking area which will reduce the value ofthe property and he must be compensatedMore workers from this building will be forced to park on Grant Street which has raisedopposition from many neighbors

He requests this waiver because these improvements are upgrading the property tomodern standards which requires minimal changes from existing uses No changes havebeen made from prior site operations and he has made no adverse changes to thedrainage

Commissioner Hochstein asked if presently he has twentyninepeople working atthis facility

Mr Singh responded that twentytwowork there but twentyninepeople couldpotentially work there

Commissioner Hochstein asked if there are vacancies in the building now

Mr Singh responded that the building is pretty much full

Commissioner Hochstein asked if presently everyone parks in the parking area

Mr Singh said that a couple of people park elsewhere even though there areenough spaces The only other time is when there is snow in the lot that needs to beplowed away

Commissioner Hochstein commented that the building sits in a residentialneighborhood

Mr Singh stated that the neighborhood grew around the building

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Commissioner Hochstein asked about the dumpster that is on the property

Mr Singh said that it was originally placed in the trees but it has been broughtforward due to the construction He is aware of the concerns about the dumpster but hewill soon be changing from a dumpster to a regular trashcan He will be coming back toStaffwith some sort of formal enclosure but he does not like most ofthe enclosures

Commissioner Hochstein asked ifMr Singh is aware of the ordinance in Townregarding dumpsters and their enclosures

Mr Singh said he is aware ofthe ordinance but he thinks it may be time for achange He will do his best to ensure that the cans are unobtrusive He has spent a largeamount of money to improve the property and will continue to do so

Commissioner Hochstein reminded him that in February 1999 the Town requesteda site plan for this property

Mr Singh said that he was working with Mr Hammer and there was confusionabout what was necessary He has been very busy with his employment but he has notbeen trying to delay this issue

Commissioner Hochstein asked if the attorney advised him against filing the siteplan

Mr Singh answered that the attorney recommended he request a waiver fromfiling the site plan

Commissioner Mull commented that she is concerned that he is asking for achange in the design of the parking area She asked if he encountered problems with thebuilding permits or inspections for the electrical and plumbing changes he has done to theproperty

Mr Singh replied that he had no problems with that side of the Town He spoketo John Orrison and told him that he would come with his ideas He used the Townstandards as a minimum and advised his contractors to meet or exceed those standards

Commissioner Mull commented that if he met those requirements and found it tobe a good experience she feels this as just another step in the process She also feels thesite plan requirements proposed by the Commission were relatively benign consideringall of the waivers recommended by the Staff for the non conforming use

Mr Singh said that he has questions relating to his grandfathered status and therequirements

Commissioner Mull said that if he paves an area he must file a site plan

Mr Singh said that he has a problem with the zoning requirements Ifhe isrequired to file a site plan he will do so If it comes down to a reduction in parking hewill not do so He disagrees with changing the arrangement ofthe parking The onlyother change he has made to the parking lot was to draw in the lines for the parkingspaces otherwise people parked every which way

Commissioner Mull said that the angled parking along the side would haveeliminated a space

Mr Singh said that he has made those changes so people will park safely He hasdone everything he can short ofa reduction in the parking When the discussions turnedto that issue he stopped the discussions He feels that Section 28393 applies to thisbuilding

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Commissioner Mull asked if he thinks that under Section 28 393 would hisdefinition ofminimal apply to not only the paved area but the changes to the expansionand addition of double parking in that area

Mr Singh said that pavers would look more attractive and make it safer Now heis thinking that he does not want to give up options for the future

Commissioner Burk asked if the inability to increase the paving in the future wasthe only issue in disagreement with the Staff at this point

Mr Singh said that is the key issue

Commissioner Burk asked ifhe could still accomplish the same number ofspacesusing Staff recommendations

Mr Singh said that if thirty people are working in the building and they are notallowed to park on Grant Street he has no options for the future but to doublepark Hedoes not need additional parking at this time but he may need it in the future Hereviewed the landscaping done around the property but feels that requirements to plantmore bushes are unreasonable Every year he has invested money in the property Thisyear he is going to replace the sewer line which will cost 10000 and he feels that ismore important than landscaping He feels he has been subjected to undue hardship andis asking for some relieffrom the Commission

Chairman Riddick asked Ms Gilleran if upon receipt of the information anddrainage paperwork was there an application fee paid

Ms Gilleran said that she believes that the application would not havebeenprocessed without payment ofthe application fee

Chairman Riddick asked ifwhat Mr Singh has provided would be considered asite plan

Ms Gilleran responded that the drawings were circulated for review and did notreceive any negative comments back from the reviewing agencies It may not be asdetailed as some they have received

Chairman Riddick asked ifMr Singh has withdrawn the plan for consideration asa site plan

Ms Gilleran stated that in his letter he did not originally mean for this to beconsidered as a site plan It would be considered that he has withdrawn it

CITIZENS COMMENTS

John Dyck 1202 Grant Street lives directly across from the parking area It is hisview from the front door ofhis property and he is grateful to the Planning Commissionfor their review of this issue He disagrees with the idea of paving this area and hewould rather see grass and trees since it is his direct view from his front door The otherissue is snow removal from the parking area The contractor pushes the snow acrossGrant Street and deposits it in front ofhis house where he is forced to shovel it to keepthe parking space and sidewalk clear Mr Singh has worked very hard on the propertybut he would prefer not to look at an asphalt parking lot

Jim Schoppet 1203 Grant Street lives to the west ofthe property in question Heappreciates the time and money Mr Singh has devoted to the property as well as theZoning Staff for keeping him informed He objects to the granting ofthe waiver becauseof his concerns about the additional pavement directly across from his house He is alsoconcerned about the water runoff from the parking lot changes

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APPLICANTSFINAL COMMENTS

Mr Singh pointed out that the fence runs along the back of the property whichwill be improved in the future to ensure the adjacent properties are shielded from theview of the parking area They bought their properties knowing that the building was acommercial building but he is cognizant oftheir concerns It is not clear what type offence will be accepted


Chairman Riddick said that he feels Mr Singh is on track with what theCommission is trying to accomplish but he feels that he has not accepted the fact that theOrdinances ofthe Town apply to all properties The grandfather status applies to theexisting conditions on the property Any changes made to the property requiresubmission of a site plan for approval Chairman Riddick feels that the plans submittedwould be accepted as a site plan and over a month ago he thought that they were close toan agreement as far as the paving addressing the screening and these other issues Hebelieves that the applicant understands what is being asked ofhim but may not be willingto commit to the changes proposed The point of a site plan is to advise every one oftheproposed changes and allow assessment of the impact of those changes It seems that theonly outstanding issue is Mr Singhs acceptance of the conditions that are grandfathered

Mr Singh said that he is aware of the grandfathered conditions and accepts a lotof the regulations He has great respect for the regulations but there are certain thingsthat he feels he deserves relief

Chairman Riddick said that he believed that they are close to coming to anagreement except the submission ofa site plan He asked if the applicant would acceptthe plans as a site plan then sit down with Staff for them to make recommendations andmove forward

Mr Singh said that he has tried that but the Staffhas asked for planting oftreesall along the side which will remove the potential for additional parking He agrees withthe planting oftrees but asked that he wait until the house is finished to comply withthose requests He feels it is in his best interest to screen the building since he isbuilding the house for himself If he is requested to reduce the parking area he feels thatis where the grandfathered status comes in

MOTION Commissioner Hochstein moved for denial of the Application for a Site Plan andWaiver from Article 39 Site Plan and 283910 Required Improvements Singh PropertyTown Plan 0002 Commissioner Burk seconded the motion

Commissioner Burk stated that this is an unusual case and the Town Staff has spent agreat deal oftime balancing the regulations with common sense It was a good all around plandealing with the unique nature ofthe property as well as Mr Singhs needs and the negotiationsbroke off He hasntheard reasons enough to waive the requirement for a site plan Theapplicant needs to communicate the changes he has made and changes he proposes to make tothe Commission in writing We do not have that without a site plan

Commissioner Mull stated that she might have agreed if this was merely an issue ofretroactive approval ofa paved area but to anticipate double parking against the residentialproperty line that concerns her She feels it is appropriate for a site plan

Chairman Riddick agreed and stated that it is unfortunate that the Commission must takethis action They were pretty close to an agreement but it would have taken the commitmentfrom Mr Singh to accept the plan as a site plan Recognizing that they cannot waive the siteplan due to the nature ofthe property in the Heritage district It is a commercial operation buteven though grandfathered it does not excuse the applicant from the current Ordinances itprovides certain conditions for continued existence of the business as it is We have heard agreat deal of testimony regarding expansion ofparking and overflow onto Grant StreetChairman Riddick feels that it is an expansion of the use and could be addressed as a site planthroughthe Towns

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42000 current process Most of the concerns could be mitigated in that way ChairmanRiddick is supporting the denial of this waiver ofa site planHe recommends that MrSingh finishthe site plan and allow it tobe treated as such and it should be possible to come to

aconclusion Recommendation forDenial carried unanimously

4 03COMPREHENSIVE PLAN REVIEW CPR 0003 Vacationofaportionof First Street between Grant and Van Buren Streets andaportion of theDVan Vleck s Addition tothe TownofHerndon constituting this sectionofrightof way for First Street In accord withSection1522232 of the Codeof

Virginia 1950 as amended the Planning Commission will review theproposedvacation ofunimproved public right of way in the Townof Herndon VirginiaThe subject portion of the First Street right ofway appears on Fairfax CountyTax Map Reference Section

104STAFF

MEMBERS COMMENTS Henry Bibber introduced the proposal to vacate thearea occupiedbyFirst Street between Grant and Van Buren Streets The petition has been filed byall adjacent property owners two to the north and three to the south MrBibber referredtothe division ofthe landifthe vacation oftheright of way is approved Oneofthe property owners hasanapproved variance from the BoardofZoning Appeals forapipestem lotMrBibber stated thattheStaff recommends approval of this vacation withthe condition that an easement for storm sewer facilities be located intheright of wayMr Bibber also reviewed the staff report with theproposed resolution which ison fileinthe Departmentof

Community Development QUESTIONS FROM

THE COMMISSIONERS Commissioner Burk commented that there isacertain amount of foottraffic on the portion oftheright of way He asked ifthat would cease after thisarea becomes

private property MrBibber responded that thefoot traffic would have to go aroundonce this becomes private property since he did not feelit would be reasonable toexpect the owners to permit the public to cross over

theproperty Commissioner Burk asked about the possibilityof an easement for

pedestrian useMr Bibber stated that itisa possibility but he believes hewould rather recommend against the vacation oftheright of way if it is necessarytomaintain

pedestrian use Commissioner Hochstein asked if the tax base changes upon vacationof

Town property MrBibber responded thatitwould change from publictoprivate propertywith a value inthat neighborhood of approximately 23per square foot

at least Richard Kaufman Town Attorney stated that the Town wouldbe accommodating theadjoining landowners by providingaQuit Claim Deed but would not warrantthe title to thestreet cautioning the landowners that they should check into thetitlethemselves to make sure theyreceive adequate title The Town simply gives the interest it hasinthe street notaguarantee

of titleMrBibber explained that the mapping divisionof Fairfax Countyisnotified along with the recordation of the Deeds Thetax assessors pick upthe changes tothe tax base Perhaps the applicants will address the matter of the easement for

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Chairman Riddick asked from the Townspoint of view is it something that theyshould preserve If public access or passage is an important aspect ofhaving the rightofway even if the street is undeveloped pedestrians use it

Mr Bibber responded that if it is needed for public passage it should not bevacated However it is possible to preserve an easement for the public to pass througheven if the street is vacated We must be careful not to assume that the Town wouldundertake paving or improvements unless the Town decided it is necessary

CITIZENS COMMENTS

Thom Hanes 1000 Van Buren Street owns 200 feet to the North ofthe rightofway He supports the vacation of the section ofVan Buren Street The applicant MrArnold has informed everyone involved ofhis plans for improvement ofthe lotincluding a scale model of the proposed house He has seen very little foot traffic on thatsection other than an occasional dog walker He cannot imagine any citizens beinginconvenienced by closing that section ofthe street

Jim Raba 911 Van Buren and his property faces the property underconsideration He asks that the Commission retain some ofthe rightofway for an internodal trail to provide pedestrian access to the neighboring schools and churchesPedestrian use this section of First Street to bypass the one block section of Park Avenuewhere traffic is heavy and the sidewalk is up against the roadway He believes that a VanBurenGrant walking trail would fit into the Herndon Master Trail Plan if it is permittedto remain environmentally friendly grass rather then pavement

Steven LePage 1007 Grant Street stated that he is part ofthe vacation One totwo years ago he submitted plans to make some changes to his property The HeritagePreservation Review Board recommended a sideload garage but his plans were notapproved because he could not get access to the unimproved rightofway He supportsthe applicantsrequest to vacate this property which will help facilitate his plans forimprovements to his property Mr LePage also stated that he has seen very littlepedestrian traffic on this section He has concerns about a grass pedestrian path throughthis area because the maintenance ofthis section ofFirst Street has fallen to theresidents including the cutting ofthe grass and trimming ofthe trees

Matthew Arnold 1544 Brookshire Court Reston is trying to acquire the propertyin question He is not prepared to respond to the pedestrian trail through the rightofway because this is the first mention of that possibility He has not seen a trail on theComprehensive Plan and he has concerns about a trail bisecting a block He asks that theCommission approve the application with the conditions applied by the Staff


MOTION Commissioner Hochstein moved for approval of CPR 0003 for thevacation ofa portion ofthe First Street Right ofWay between Grant and Van BurenStreets with the easement for the storm drain

Commissioner Mull requested that the motionmaker accept an amendment for atrail easement down the centerline of the area to be vacated

Commissioner Hochstein asked how wide an easement was suggested

Commissioner Mull responded that she requests the standard width for a trail ofthis type

Chairman Riddick asked Mr Bibber if the easement should be eight feet or tenfeet

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Mr Bibber responded that depending on the topography it should be between tenand fifteen feet The plat shows a twentyfive foot width from the centerline If we wantto preserve the applicantsability to build his home on this portion of the lot due to thestorm swail we should suggest a trail as close as feasible to the centerline

Commissioner Mull asked if the fifty feet offered is approximately twice therequirement for a pipestem access

Mr Bibber answered that it is

Commissioner Mull said that she supported a trail due to the fact that there aretwo schools within walking distance and it allows pedestrians to avoid the high trafficsection of Dranesville Road with zero buffer between the sidewalk and the street Thisconfirms her concerns

Commissioner Hochstein asked Mr Bibber about the definition of a trail Is itrequired that it be dirt rather than grass

Mr Bibber responded that he is not sure what the best surface of this accesswould be There may be some way to avoid paving this section but there is a slope tothis property which could invite bicycles along with the pedestrians Possibly theadjacent landowners will build fences up to the easement but he is not sure what thesurface should be In other areas the Town has used mulch paths in similar undevelopedrightsofway

Commissioner Hochstein asked about the definition of a trail

Mr Bibber referred to the trails plan and said that the standard for trails wouldprobably be a sixfoot wide asphalt path

Commissioner Burk suggested an amendment to Commissioner Mullsamendment

Chairman Riddick asked if Commissioner Mull was willing to withdraw heramendment or it would need to be addressed prior to moving on

Commissioner Mull clarified that she is only asking for an easement for a trailnot the trail design or precise location for a standard trail easement

Commissioner Hochstein accepted the amendment

Commissioner Mull seconded the motion with the amendment

Chairman Riddick reiterated the conditions as follows

1 The Planning Commission finds that the vacation of a portion of the FirstStreet rightofway between Grant Street and Van Buren Street in the Townof Herndon Virginia and as depicted on the plat entitled Vacation Plat APortion ofFirst Street by Andrew P Dunn Land Surveyor dated April 32000 is substantially in accord with the Herndon 2010 Comprehensive Planadopted June 19 1990 as amended

2 The Planning Commission recommends that the reservation for a Town ofHerndon Storm drainage easement as shown on the referenced plat

3 Reservation ofa pedestrian trail easement as close as feasible to the centerlineofthe area to be vacated

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4 For the reasons set out in the staff report for CPR 0003 the PlanningCommission approves the vacation and certifies and transmits its finding tothe Town Council and recommends that an ordinance to effect the vacation ofthe described rightofway be approved

Commissioner Burk stated that the existing path is being used Even though notheavily used it is a neighborhood amenity which should be maintained

Chairman Riddick asked Mr Bibber about the major street network from theComprehensive Plan He confirmed that this street does show up as a regular street onthe Plan Since this has always been a public rightofway although undeveloped it isreasonable to consider the retention of an easement for public access

Motion carried unanimously 40

Mr Bibber advised the Commission and the public that this item would probablybe scheduled for the Town Council for the first session in January and the advertisementwould be carried out accordingly

4 ZONING ORDINANCE TEXT AMENDMENT ZOTA 0006 amending 7814226Permitted extensions into required yards and setback Zoning OrdinanceHerndon Town Code 2000 as amended to alter and liberalize the regulations onfences or walls in required yards


Elizabeth Gilleran Senior Planner introduced the StaffReport which is on filewith the Department ofCommunity Development Staff has recommended deferral ofZOTA 0006 in order to propose language for the impending change to the TextAmendment

Chairman Riddick asked how much time is estimated for the deferral

Ms Gilleran recommended a onemonth extension

Commissioner Hochstein asked how many requests have come in this year for thistype of a variance

Ms Gilleran responded that no permit is required to build a fence and manyresidents install a fence without contacting Town Staff Many violations are discoveredafter the construction ofthe fence Some years Staff has received up to thirteen requestsusually as few as six requests come in


Commissioner Hochstein asked if these cases come before the Board ofZoningAppeals

Ms Gilleran responded that it is unusual for these cases to go before the BZAThere have been cases where requests have come infor taller fences incases where

there was higher intensity uses or industrial uses that precluded the landowner fromenjoying the useoftheir back yard There isapolicy that has been inplace for over ten yearsthat requires that the property beadjacent to anarterial street before theZoningAdministrator can offer relief That has beenapolicy that is not clearly written into the text Staffisconcerned about this

factCommissioner Burk asked if there is any other situation in the Ordinanceswherean exception isallowed due to the conditions on anadjacent property He statedthat usually youare governed by what ishappening onyour property rather than whatishappening on yourneighbors

property

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Ms Gilleran responded that at this time the Zoning Ordinance does not respond toconditions on adjacent properties However in the Heritage Preservation guidelines theconditions on the adjacent properties are taken into consideration The trend in zoning isto reflect the current pattern ofdevelopment rather than create a rigid set ofguidelinesthat do not meet the neighborhoodsdevelopment

CITIZENS COMMENTS



MOTION Commissioner Mull moved for deferral of ZOTA 0006 78 1422 for 30days Commissioner Burk seconded the motion Motion carried unanimously 40

5 RESOURCE MANAGEMENT PLAN RMP Runnymede Park The

Planning Commission will hear testimony on the draft Runnymede Park ResourceManagement Plan Public Draft Dated September 20 2000 Revised October18 2000 and November 10 2000 and the associated Runnymede ParkConceptual Site Plan As provided in the Runnymede Park Master Plan adoptedin 1991 the RMP addresses conservation and management ofexisting naturalareas recommendations for a nature center and provisions for lowimpactrecreational opportunities and activities

Runnymede Park is identified as Fairfax County Tax Map Reference 1710024A 1130024B 11 3004D 11 3004E and 11 3016D The park located inthe northeastern section ofTown is a 58 acre linear stream valley parkencompassing a section of Sugarland Run In December 1991 the HerndonTown Council adopted the Runnymede Park Master Plan and defined the park asa nature oriented facility intended for conservation and low intensity recreationaluse including the establishment ofa Nature Center The Runnymede Park MasterPlan recommended that a Resource Management Plan be developed to detailmanagement strategies and uses within the park

Chairman Riddick explained that the Commission is recommending a deferral ofthis item for at least sixty days but they are going forward with the public testimony thisevening


Michelle OHare Comprehensive Planner introduced the consultants hired by theTown in February 2000 to prepare the Resource Management Plan William C BecknerPresident ofCEHP Inc Gerald E Meier Biologist Anne E Gleeson LandscapeArchitect

MrBeckner presented the Runnymede Park Resource Management Plan PublicDraft dated September 20 2000 Revised October 18 2000 and November 10 2000which is on file in the Department of Community Development


Commissioner Mull asked about parking cars along the road that runs between theCarroll and the Atkins houses is it recommended that they not add parking in that area

Mr Beckner responded that he is talking about the entrance to the park since theyare not hydrologists further studies would be recommended prior to suggesting theentrance in that area

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Commissioner Mull commented about the assumptions made when the MasterPlan was developed stating that things have changed She understands that normally theResource Management Plan should be developed prior to the Master Plan Many itemswere presented at the work session that the consultants have not presented to the publicthis evening She asked if the public would get to see the original recommendationsalong with what is being presented this evening

Mr Beckner said that he is assuming that he will present all of hisrecommendations at some point

Commissioner Mull isconcerned that the public gets tohear the sameinformation that waspresented at the work session ifnot tonight possibly at the next

stage Chairman Riddick stated that at the work session several issuesregarding hydrology were raised that the consultant was not prepared to answer Itwassuggested that thepresentationof those issues wait until theconsultants have had time toprepare

further Mr Beckner said thatheunderstands that he willbereturning in late Januaryfor further presentations prior to theFebruary 5public

hearing Mr Bibber said that the work session would be in the latter halfofJanuary2001 MrBeckner has been asked toprepare the plan with facilitiesasrequested bythePlanning Commission but it does notpreclude him from makingadditional

recommendations Chairman Riddick added that they did not feel that itwas appropriate forthe consultant toaddress these issues without additional time for

research Commissioner Hochstein asked ifthere wasaprovision foroverflow parkinginaddition to the thirty spaces

shown Mr Beckner said that their theoryofparking planning is to start with thethirty spaces then add as needed He believes that thirty spaces willbesufficient unlessanoccasional special event brings greater numbersof visitors to the park He feelsthat would beasufficient number for themajority of the

year Commissioner Hochstein asked about the numberofvisitors they are

estimating Mr Beckner said that they have estimated 3500 with an average of100visitors per daywithprogramming controlling the visitation numbers Obviously theprime season for visitation will be mid March tomid May and midSeptember tomid November He does notanticipate overwhelmingwalk intraffic unless an event istaking

place Commissioner Hochstein asked if the size of the nature center ispredicated onthe useof the existing

building Mr Beckner said that itwas based on the typeofexhibits and flow of thefacility rather than the existing

facilities COMMENTS FROM THE

AUDIENCE Chairman Riddick invited the citizens comments andexplained that he wasgoing to ask Mr Allen to go first but asked that all speakers state their name and addressfor the record and limit their speaking to three

minutes Charles Allen of714Jennyanne Court thanked MichelleOHare and TownStaff for their assistance andinformation they have provided during thepreparation forthis hearing AsPresidentof the FriendsofRunnymede Park hespeaks for the BoardofDirectors and over 120 adult members Mr Allen read thestatement prepared on

behalf

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of the Friends ofRunnymede Park which is on file in the Department ofCommunityDevelopment They feel that the demand for use exists but the lack of staffing and anature center is limiting their ability to serve the community They support theconsultantsrecommendation to exclude active sporting activities such as volleyballcourts horseshoe pits and halfcourt basketball courts which the Friends feel woulddisrupt the nature education theme and the natural atmosphere They feel that singleexisting play apparatus which was donated to the park is an integral part of teaching theweb of life and other programs They strongly support the Resource Management Planas submitted and feel it is the foundation for the next phases including a revision to the1991 Master Plan Site Plan and finally implementation of the planned improvementsMr Allen stated that they urge the Commission to recommend adoption without delay toallow the Town Council to consider this issue at an early date in 2001 He understandsthat the recommendation is a deferral for sixty days and hopes that all questions will beresolved in that timeframe

David Curtiss 1003 Trinity Gate Street appeared before the Commissionrepresenting SAGA the environmental club from Herndon High School They feel thepark should remain natural with the addition ofno more than fifty parking spaces Theydo not support development that will disrupt the natural setting He lives near the parkand hopes the park remains as natural as possible

Judy Meade of 1108 Criton Street agrees that the park is a natural resource andfeels it should be kept natural She has concerns about section 157of the Draft Plan onpage 1 9 Riparian Buffer and bio retention She and the majority ofadjacenthomeowners do not want to see the third section completed The homeowners haverequested information from CH2M Hill to get an idea ofwhat they propose toaccomplish It has become a pond or mudhole since work was done there The wildlifehas all but disappeared She is concerned about the proposed size of the pond due to thepotential for mosquito breeding and West Nile virus She lives behind that area and sheis concerned that large numbers ofgeese will begin to congregate around the pondcausing damage to neighboring properties and becoming a nuisance The work done byCH2M Hill has been very poorly done leaving ruts all around seeding grass over therutty ground She hopes that they will not use the same sub contractor to do any futurework

Ellen Kabat of 878 Station Street thanked the consultant and Commission for thework done on this project She referenced a letter she submitted to the Commission lastweek She does not understand why they are recommending a deferral at this point orwhy there is no discussion on Area A at this point It seems that the process has beensubverted for some reason and she has concerns about that

Chairman Riddick responded that there are many questions that cannot beanswered without allowing the consultant to further research these issues

Ms Kabat asked why these questions have not been brought up before

Chairman Riddick advised her that this is the first public hearing for this issue

Ms Kabat commented that she believes the park should remain as natural aspossible

Charles Wales of401 Cavendish Street lives near the Park and feels in generalthe plan is good and agrees that the park remain natural However he opposes thedigging out of the pond The work done by CH2MHi11 seems to be working to controlthe sediment The recommendation to increase the depth to three feet he feels wouldlend itself for the breeding ofmosquitoes and the potential for West Nile virus Therewas a blockage at one point that caused an accumulation of water which increased thenumber ofCanadian Geese that began to accumulate around the pond The mostimportant issue is the safety ofthe children playing in the pond area and he asked if theTown would be liable for injuries sustained on the property Lastly he feels it isunreasonable to expect people to park at the Runnymede parking area and walk all the

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way around He believes they will park in front of the surrounding homes then cutthrough There is already a problem with trash accumulating in the water and he doubtsthe Town will spend sufficient funds to maintain the land and prevent the overpopulationof mosquitoes and geese He is negative about these four issues but otherwise hesupports the plan and hopes they will vote for it

Les Zidel of 11725 Newbridge Court Reston serves as Vice President of theFriends of Runnymede Park Mr Zidel read a prepared statement which is on file in theDepartment of Community Development He addressed the issue of including

recreational activity areas in the park and the changes that have come about sincetheimplementation of the 1991 Master Plan They support therecommendations madeby theconsultants andwould understand theadditionsoftheme tot lotvolleyballand horseshoe areas if they can be placed withaminimumofenvironmentaldisruption They recommend investing inpromotion of the entrance of the park and the naturecenter They feel the Town hasanabundance of soccer fields basketball courts and othersports areas and feelabasketball court iscompletely inappropriate in this part of thepark They feel Runnymede Park isafragile resource that must be

preserved Katie ShawofFairfax isanenvironmental education manager for theReston Association She commends theResource Management Plan and urges theCommission to adopt the Plan asreadily as possible She has explored parks throughout theUnited States and feels that conservationofRunnymede Park asateaching park isadmirable She has explored Runnymede Park and she has seenanabundanceof plant andwildlife She supports the wetland area in this project stating that it ispossible to controlpests suchasmosquitoes and geesebyimplementing methodsofcontrolling the grassthat surrounds the pond She believes the addition of play equipment will detract fromthenatural environment andsupports implementationofhiking picnicking fishingandenvironmental education at this

park Chairman Riddick stated that itwasencouraging thatarepresentative fromReston issupportingaproject in

Herndon Ann Csonka of 600 Austin Lane outlined the 1999Summary ReportofNature Programs and Activities compiled by the FriendsofRunnymede Park and thePassport forNaturefest 2000 which are on file in theDepartmentofCommunityDevelopment She also works with Scout troops tofulfill requirements for ecology badges

exploring the varietyof plants and wildlife found in the various layers of the Park She alsoworks with groupsof childrenof various ages helping them explore and relate to thenatural habitat in the

park Dennis Rosati of1112 Treeside Lane is theformer president of the FriendsofRunnymede Park Heencourages theCommission toproceed expeditiously withthe passing of theResource Management Plan He believes that the park isaquiet placethat shouldbemaintained with all ofthedevelopment that is taking place in the

area David Swan of302 Marjorie Lane lives across the street from theproposed parking area He chose Herndon for the cultural and historical aspects but alsobecauseof the preservation of the natural park settingatRunnymede Park in the middleof suburbia He supports keeping the park as natural as possible He hasanenvironmental science degree from theUniversityof Virginia and he is amazed at the varietyofspecies that are present in the park Hesupports the passing of theResource Management

Plan Carole Capsalis of 1483 Powells Tavern isaVice President for the FriendsofRunnymede Park but she is alsoa userofRunnymede Park She reviewed data fromthe Summary ReportofNature Programs and Activities which is on file in theDepartmentofCommunity Development She pointed out the increase in uses inpark programsbychildren andaccompanying adults She supports the nature center and the additionalstaff support to helpaccommodate the increasing users She hasparticipated inmany activities in the park including the Naturefest 2000 and isamazed at the responsefrom the community Sheencourages support of theResource Management

Plan

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Roxie Duerden of411 Queens Row Street lives adjacent to Runnymede ParkShe supports unity in the process ofpreserving a nature park She believes there areplenty of facilities in the area that accommodate sporting activities but there is no otherplace that offers enjoyment ofplants and wildlife in their natural settings Sheencourages the Commission to support the Resource Management Plan

John De Noyer of600 Austin Lane addressed the overflow parking issue statingthat during major events the Friends ofRunnymede Park have made arrangements to usethe HuntersCreek Clubhouse Parking Lot It is only possible on Sunday afternoon butwith the support of the Herndon Police Department and Department ofPublic WorksHerndon Parkway was blocked offand the Friends ofRunnymede Park were able tocontrol the parking ofover four hundred vehicles He also addressed the pond issue andhe was present for the discussions with CH2M Hill and has been very disappointed withthe results ofCH2M Hills work

Jane Caden of 813 Monroe Street hopes that Runnymede Park is maintained in asnatural a setting as possible She has read that communities are buying up greenspace inorder to avoid further loss to development She believes the park is valuable to thecommunity for the environmental impact ofthe trees and wildlife and hopes it will be leftas natural as possible

Betty Hatfield of 414 Madison Forest Drive is in favor of the ResourceManagement Plan and hopes the Commission will study the Plan and appreciate itsmerits


Chairman Riddick commented that their job is to answer as many questions aspossible prior to moving forward to the Town Council He recommended a special worksession to concentrate on the outstanding issues and go through the data in more detail

Commissioner Mull stated that the reason for the continuance is the change inrecommendations from the 1991 Master Plan to the Resource Management Plan Thefacilities that were originally located at the Atkins House now need to be relocated withthe consultantsfindings that the Carroll House would be a better location for the NatureCenter There were two sessions as a discussion item then a work session item and therecommendations were well founded with the research and experience ofthe consultantsCommissioner Mull moved that the Resource Management Plan be accepted approvedand forwarded to Town Council It does not change the adopted 1991 Master Plan itsupports the findings of the consultant The motion died for lack of second

MOTION Commissioner Hochstein moved for continuance of the ResourceManagement Plan regarding Runnymede Park for 60 days Commissioner Burkseconded The motion carried 31 Commissioner Mull opposed

MOTION Commissioner Burk offered a motion to adjourn CommissionerHochstein seconded the motion The Planning Commission adjourned at 1148pm

ChristopherJRiddickChairmanPlanningCommissionPatsyJTappanRecordingSecretaryMinutesApproved

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