This is an op-ed by Reston resident Terry Maynard. It does not represent the opinion of Reston Now.

As the end of the Tetra referendum period approaches, I thought it useful to summarize the key reasons why RA members should not pay $2.65 million to buy this property. I hope it encourages you who have not yet voted to decide to dig around in your old RA mail (digital or postal) and submit your ballot with a “NO” vote.

1. No further development of the property will be permitted. The alleged compelling reason for buying Tetra is to prevent development there. The fact is that almost every square foot of the Tetra property is protected from further development by multiple layers of legal, regulatory, and plan restrictions.

In contrast, Reston National Golf Course is protected from development only by plan language, not a law. The difference is between what’s prevented by law at Tetra and what’s preferred in the plan at RNGC.

For the Tetra property, the most important of legal restriction is the state’s Chesapeake Bay Preservation Act, which calls for water bodies and the first 100′ of perennial waterfront areas (like Lake Newport) to be protected from development.

(The attached map of the Tetra property shows the area protected by this law and other restrictions.) The Virginia Department of Environmental Quality says:

“The Chesapeake Bay Preservation Act and regulations require that a vegetated buffer no less than 100 feet wide be located adjacent to and landward of all tidal shores, (etc.) … These features, including the 100-foot buffer, comprise the Resource Protection Area (RPA) … Generally, vegetation in the 100-foot buffer must be preserved on lots that include an RPA, and established where it does not exist. “

For more on RPA legalities as applied to the Tetra property, read this RestonNow op-ed from a local land use attorney who explains in detail that there is no possibility of lakeshore development there.

Second, there are legal flood plain and spillway protections on the property that, except for a patch next to the Tetra building, similarly preclude development along the lakefront and down around the dam to the stream below.

Third, an RA easement covers most of the property beyond the RPA for its parking lot, access roads, and the pathways beside them as shown on the map. Moreover, if a developer wanted to build on the Tetra property, its proposal would have to be approved by RA’s Design Review Board, including inputs from neighboring “affected parties.”

For all practical purposes, nothing can be built there without RA Board approval.

A fourth, thin added layer of protection — like that which protects the golf course — will be provided by the new Reston Master Plan when it’s approved by the Board of Supervisors this June. The new plan changes the area’s designation from a “convenience center” to remain “as built.”

Trying to peel that legal, regulatory, and political onion would almost certainly be impossible. Yet even RA ownership of the property would not guarantee the property will remain green space as the Board’s stunning decision to swap an acre of our hardwood forest (to become a parking garage) for a roadside drainage ditch illustrates.

2. The sales price and related RA financial assumptions are outrageous. The RA Board’s sales contract with Tetra calls for it to pay $2.65 million (Article 2, p. 2) for a property that RA’s appraiser says is worth $1.3 million as built, assuming it’s in good condition (p. 22). The County puts the fair market value of the property at $1.2 million in its latest real estate tax assessment. The additional $1.3-$1.5 million in the appraisal comes from assuming additional offices are there — that cannot be built!

Both the RA appraisal and the County assessment assume the property is in good condition. It is not. Read More

This is an op-ed by Rescue Reston, an open-space advocacy group. It does not represent the opinion of Reston Now.

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 Visitors Center). At stake is our control of open space and development in Reston. Rescue Reston therefore recommends that Restonians vote yes in the Tetra Referendum, which is open for voting until 5 p.m. on Friday, May 8.

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.

Few developers have ever seen “open space” that couldn’t be improved by a few buildings on it. They have high-powered attorneys who know how to blow their way through almost any “protection” we may think a space is subject to.

As the economic impact of Metro’s Silver Line continues down the line to two other Metro stops in Reston, it is vital that we speak in one voice on issues that affect the open spaces in our neighborhoods. After five Reston Master Plan Phase II community meetings and community outreach, the County and Restonians agreed that the neighborhoods should essentially stay “as built.”

Now, with the draft plan ready to move forward in June to the Board of Supervisors (BOS) for approval, we read that some in the development community are implying there should be more wiggle room for higher density development in our neighborhoods, unchecked by BOS approval or Reston community input: Not enough potential planning for areas outside of transit centers

Both Brian Winterhalter, a lawyer with Cooley LLC, which represents several developers, and Patty Nicoson, Reston resident and Master Plan Phase 1 Task Force Chair, said there is not enough leeway for future development without more comprehensive plan changes.

“It would require comprehensive plan amendments for any redevelopment proposals,” said Winterhalter. “Fundamentally, I don’t think that is the right approach. A community as large as Reston should provide opportunities to grow. This downplanning does not make sense.” Read More

Officers from Fairfax County Police’s Reston District Station report the following crimes this week:

BURGLARY, 11300 block of Seneca Knoll Drive in Great Falls, 04/27/15. A resident reported someone entered the residence and took property.

LARCENIES:

12800 block of Old Club Lane, wallet from vehicle.

1200 block of Shaker Drive, property from vehicle.

12000 block of Sunrise Valley Drive, material from construction site.

2900 block of West Ox Road, property from residence.

1800 block of Town Center Parkway, property from business.

11500 block of Seneca Hill court, property from residence.

STOLEN VEHICLES:

11300 block of Dockside Circle, 2012 Acura SUV.

This is an op-ed by Reston resident Ed Abbott. The opinions expressed here do not represent the views of Reston Now.

I am a lay member of the Design Review Board (DRB). I have been a member for about five and a half years. My views presented here are my own. My term was up last month and I am not seeking another term.

Much has been written for and against the Reston Association (RA) decision to purchase the Tetra property. Terry Maynard has provided the most comprehensive and compelling analysis of that decision.

Essentially, the RA Board desires to purchase the property to save open space and prevent commercial development of a building, which would allegedly be a restaurant. The question is whether or not it is worth paying $2.65 million for a property that is valued at best at $1.4 million to prevent its commercial use. In my judgment, it is not.

I think one reason is that the Design Review Board is very unlikely to approve of the property’s commercial use, especially as a restaurant. Such development would significantly change the residential nature and aesthetics of the neighborhood.

During my time as a DRB member, I have seen numerous applications which would have had an impact similar to the potential commercial development of Tetra property that have been disapproved or required to undertake significant rework.

For example, the DRB disapproved the construction of several cell towers and required significant changes to the development that would replace the current Fairways Apartments. The latter apparently were significant enough for the developer to postpone construction indefinitely.

The DRB is tasked with assuring all applications are consistent with Reston’s Design Guidelines. This often requires the Board to apply the intent of the guidelines to the specifics of the application. As part of that process, the DRB takes input from the public. In fact, it is required to do so if a neighbor protests. The DRB heard from such “affected parties” in both the cell tower application and the Fairways project.

Regardless of the proposed use of Tetra property, many of the people in Lake Newport would likely register their objections as affected parties, including to any use that RA is contemplating. The DRB takes the affected party comments seriously. In fact, it relies on community input. Based on what I have read in Reston Now, the affected parties on any proposed use of the Tetra property would be numerous and vocal.

For any future owner of the property, including RA, threading Reston’s design guideline needle in the application process would be extremely difficult, if not impossible, given the property’s location.

It makes no sense to spend $2.65 million to prevent development that is very unlikely to happen. At best, the RA purchase of the Tetra property may prevent a very unlikely unwanted development from occurring, but at an exorbitant cost. At worst, RA may be stuck with an overpriced useless building.

The only sensible outcome is to let the current owner deal with this “white elephant” and not make it RA’s.

This is an op-ed by Reston resident and attorney John Farrell. It does not represent the opinion of Reston Now.

The Resource Protection Area is the law when it comes to the Tetra property Reston Association is seeking to purchase.

The Resource Protection Area (RPA) will prevent any lakefront restaurant on the Tetra Property — and Reston Association has known that since at least 2010. Below is an exhibit from the 2010 Appraisal ordered and paid for by Milton Matthews showing both the RPA and the floodplain easement on the Tetra property.

The Chesapeake Bay Preservation Act is part of the Virginia Code: §64.1 44.15:67 et seq. It required Fairfax County to adopt the Chesapeake Bay Preservation Ordinance: Chapter 118 of the County Code.

Section 118-1-7(b)(3)(a) of the County Code requires any water body with perennial flow to be in the RPA. Lake Newport has perennial flow. A 100 foot buffer around Lake Newport is also require to be part of the RPA pursuant to §118-1-7(b)(ii) of the County Code.

While there are a very limited number of exceptions to the RPA in Chapter 118, Article 5, a restaurant is not included among them. Any exception requires a public hearing ( §118-6-3) and any decision on any exception could be appealed to the Board of Supervisors. ( §118-8-1)

A copy of the proffers applicable to the Tetra property can be found on the RA website. The proffers are only two pages. None of those proffers require work in the RPA. Thus, the exception cited in Mr. Sanio’s Op Ed on Monday does not apply.

The 1981 site plan that showed a lakefront restaurant was revised by the prior owner on Oct. 8, 1982 to remove that restaurant as described in Michele Brickner’s 2003 letter that is cited in 2010 Appraisal on page 12. Ms. Brickner was the head of Land Development Services for Fairfax County at the time of her letter.

Thus, while the approved PRC development plan for the Tetra property allows a restaurant somewhere, the RPA prevents it from being located within 100 feet of Lake Newport.

The parking easement held by RA covers almost of the rest of the Tetra property and precludes a restaurant from being built there either.

None of the rulings by the County applicable to Tetra over the last 15 years were appeal by the current or former owner within the appeal period and thus are now “a thing decided and not subject to further review.”

Obviously, the 2010 RA Board did not believe the Appraisal that Milton Mathews’ ordered and the other information that has finally been shared with the membership justified going to referendum to purchase the Tetra. What’s changed since 2010?

Nothing.

This is an op-ed from Reston Association At-Large Director Michael Sanio. It does not reflect the views of Reston Now.

I voted yes in the Tetra referendum for the following three reasons:

1) The 3.5 acres Tetra Property next to Lake Newport and the former Reston Visitors Center provides a wonderful space for children’s activities, summer camps, even family weddings and gatherings.  Tetra will complement Brown’s Chapel, the Pony Barn and other Reston amenities.

2) In later years, cost for the property are estimated to increase member assessments no more than $5 per year.

3) Reston’s ownership of the Tetra Property will add to open space.  Open space that is constantly under pressure from development, especially given the approved development at Lake Anne.

One of the comments I often hear when I speak to friends and neighbors is – the Tetra Property is already protected and can not be developed further. A restaurant can not be built on the site. The existing Fairfax County Resource Protection Act – RPA will prevent further development.

In fact, the existing regulations, and decisions of Fairfax County will allow further, development including a restaurant that can expand over the lake.

This can get technical and legal, so lets get started. Here are the facts:

First, the county RPA maps are guides only. The actual areas included within an RPA are subject to field verification and study by qualified professionals.

Second, there are certain exceptions (where the RPA restrictions do not apply), exemptions (where the regulations themselves provide the ability for certain development activities), limited exceptions for certain zoned development, and waivers (where it is unfair and unproductive to enforce RPA restrictions). The task of analyzing a particular property’s situation is both complicated and fact-specific. Read More

Bring the whole family to the YMCA Fairfax County Reston on Saturday for fun fitness activities, healthy snacks and the chance to win prizes at the YMCA’s Health Kids Day.

The free event, which begins at 10 a.m., will feature activities to keep kids and families moving and learning about ways to build and maintain a healthy lifestyle,” YMCA representatives said.

Among the activities: fitness demonstrations; relays and obstacle courses; family games, swimming, cycling; recipes; arts & crafts; raffles and giveaways.

The YMCA is located at 12196 Sunset Hills Rd. in Reston.

There will also be a community shred event at the YMCA from 10 a.m. to 1 p.m. Saturday. For $5 a box, you can have sensitive documents disposed of on-site.

This is an op-ed from Reston Dave Williams. It does not reflect the views of Reston Now.

What is the cost of RA NOT buying the Tetra property?

It seems that most Restonians are in favor of RA buying the Tetra property, but are concerned that the price may be too high.

Viewing this purchase in the context of a commercial purchase is, in my view, the wrong perspective.

Rather, the purchase should be viewed from the perspective of value in the context of residential Reston. This is a unique, perhaps one-time, opportunity to purchase wonderful waterfront property located between Reston-owned spaces and in the heart of a number of residential communities.

If RA does not purchase this property, one can be certain that at some point it will be developed commercially to its maximum commercial value — perhaps repeatedly over the years. Commercial development in the heart of a residential area will have a tremendously negative impact on the value and quality of residential Reston.

Viewing this purchase from a commercial investment point of view, I believe, misses the point. Part of the point of the purchase is in fact to prevent commercial development. Of course the owner wants to sell for its maximum commercial potential value. RA wants to use the property but also to prevent such commercial development. However, to expect to be able to purchase the property at a non-commercial value is unrealistic. And it makes it difficult to negotiate with the owner when the purchaser’s bottom line is (rightfully so in this case) publicly available.

We moved to Reston over 20 years ago. We did not move here for its commercial value. We moved here because of its residential value. We moved here because of the woods, the open spaces, the trails, the wildlife and the beautiful peaceful lakes.

For us, RA is primarily in the business of assuring excellent residential quality. If the primary purpose of RA was commercial development, then we should cut down all the trees and fill the open spaces with high rises and commercial development.

Failure to purchase this property would be a huge mistake. If RA cannot purchase the property and has no control over its development and use, years from now, as this property is developed Restonians will look back with regret and say “I can’t believe we let this opportunity slip away.”

Please vote YES to purchase the Tetra property!

Something on your mind? Send a letter to [email protected]. Reston Now reserves the right to edit letters for spelling, style and clarity.

This is an op-ed by Reston resident John Farrell. It does not necessarily reflect the views of Reston Now.

My very dear friend, Reston Association Board of Directors President Ellen Graves, lent her name to an Op-Ed that appeared on Reston Now last Friday. The editorial was in favor of RA’s $2.6 million purchase of the former Reston Visitors Center.

Early on, Ellen protests that RA did not secretly initiate the negotiations with property owner Tetra. That no one has made this accusation makes the denial gratuitous.

Our source of consternation is the CEO’s admission, reported on Reston Now on April 10, that RA “leadership” secretly worked on this acquisition beginning in the Fall 2014 and only disclosed it to the membership and full Board in late January 2015. That’s  when the issue first appeared on the Board’s agenda as an authorization for referendum.

Nothing about that course of events is consistent with the “Reston way” about which Graves waxed poetic last Friday. Neither is it part of the “Reston way” to withhold essential information from the membership or the full Board such as the Feb. 4, 2015 appraisal, which wasn’t released to the full Board until the night of its final vote on the referendum or to the full membership until days later.

How RA Board members were expected to examine, understand, question and evaluate a 95-page appraisal and vote for a $2.6 million referendum the same night is for someone else to explain.

When I heard that my dear friend would be authoring an Op-Ed about the appraisal, I strongly urged her to make sure she read the appraisal before she allowed her name to be put to any article. Sadly, that apparently didn’t happen.

I conclude this because the April 17 Op-Ed made reference to several documents that are not contained in the appraisal. The two zoning administrators interpretations referenced in the Op-Ed are neither referenced in the appraisal, attached to the appraisal or posted on the RA website. This, despite the fact that I personally asked RA land use attorney John McBride for copies of them in early March.

Since the Chesapeake Bay Ordinance that impedes development of the Tetra site is not part of the zoning ordinance, it’s no surprise if there is no mention of it in either of the zoning administrator’s letters.

Similarly, the Op-Ed references the Fairfax County-approved site plan for the restaurant, but it too is not found in the appraisal. There is a drawing of the “as built” for the visitors center that isn’t county approved and has the restaurant struck through; probably because the restaurant wasn’t going to be built before the county bonds for the public improvement for the visitors center were released in the mid-1980s. Read More

This week’s Reston Pet of the Week is Lina, a special pup in need of a new home. She is currently being fostered by a Reston resident. If she helps get Lina some forever friends, Lina’s new parents will get treats and gifts from our sponsor, Becky’s Pet Care.

Here is what foster mom Susan has to say about her:

Lina is a female hound mix who loves nothing more than a soft blanket to snuggle in, and she’s looking for her forever family!

She’s about 30 lbs. (but could stand to gain a few more) and very calm, gentle and sweet.

She’s approximately a year or so old and gets along well with other dogs. She’s been spayed and is excellent when crated. Lina especially enjoys poking around the backyard and meeting neighbors ­– she’s a Reston natural!

Lina was surrendered to a high ­kill shelter in South Carolina and brought here by Rural Dog Rescue. She’s been stressed by the all moves between foster homes and kennels and is currently being fostered here in Reston. We would love nothing more than for her next move to be into her permanent home ­ we would keep her ourselves but our family raises service dogs for the blind so we don’t have room for another permanent pet.

If you or someone you know might be interested in adopting Lina, please email Susan at [email protected] for more information.

Want your pet to be considered for the Reston Pet of the Week?

Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet.

Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.

Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.

This is an op-ed by former Reston Citizens Association president Colin Mills. It does not represent the views of Reston Now.

What makes Reston a special place? To a lot of us — including me — it’s the careful design and planning that went into its creation.

One important element of that planning is the integration of open space and natural areas throughout Reston. As Bob Simon said in one of his founding principles, “Beauty — structural and natural — is a necessity of the good life and should be fostered.”

It’s extremely valuable that even in the middle of a thriving, growing, busy community, there are pockets of green where we can experience tranquility and beauty. Right now, we have the opportunity to help preserve one of those green spaces in Reston. I hope that our citizens will take advantage of it.

I support RA’s plan to purchase the Tetra property for a variety of reasons. As a student of Reston history, I appreciate the idea of preserving the old Visitors Center. As a longtime patron of RA programs, I support adding another venue to host programs and accommodate our growing population.

Neither of those is the key reason to me, though. What matters most to me is what RA would add to the parcel — trees, shrubs, and green space — as well as what it wouldn’t add, which is more development in a location that would add more traffic to our streets and threaten our existing natural resources.

During my three years as president of RCA, we spent a great deal of time advocating for careful planning of Reston’s future growth. We recognized that growth and development is coming, and it’s foolish to think that we can stop the clock and preserve Reston exactly as it is forever. But we urged that development be concentrated in areas that were designed for it, such as in the vicinity of the Silver Line stations and the existing village centers.

We strongly opposed development in and near existing stable residential neighborhoods, in spots that would threaten our existing green space and environmental resources, and in areas that would worsen our already-clogged traffic. The Tetra property fails on all three counts. Read More

Chamber Spotlight is a feature sponsored by the Greater Reston Chamber of Commerce. Today’s Q-and-A is with chamber member Mark Watts, Partner with the CST Group. CST Group is a Certified Public Accounting firm in Reston. CST provides comprehensive accounting, tax, and business advisory services for closely held businesses, medical practices, real estate firms, government contractors, non-profit organizations, as well as for professionals and business owners.

Reston Now: Why did you decide to start your business in Reston?

MW: Reston is one of the most dynamic areas in Northern Virginia. Because of Reston’s close proximity to Washington DC, Tysons Corner, and Dulles Airport, the area is extremely accessible for employees and clients. Metro’s new Silver Line has also made the commute to Reston even easier.

CST is always trying to recruit top talent, so we chose Reston as an alternative to the congested Tysons Corner area. Many of our employees embrace the “live, work, play” lifestyle.

Community impact is an important focus at CST Group, and we’ve really enjoyed having the opportunity to partner with local charities in the area.

RN: What are the challenges and rewards of being a business owner?

MW: As a small business owner there are two critical components to know — your client base and your employees. Those are my two challenges and my two rewards. There’s nothing more rewarding and satisfying than helping a client. We’ve worked with many of our clients for decades and consider them friends and partners. Read More