Corrected: Town Council Debates Density Credits

The Herndon Town Council passed a resolution that will initiate the process to amend the zoning ordinance to allow for density credits when landowners sell or convey property to the town for public use.

Richard Kaufman, town attorney, said the Council should consider putting the matter before the Planning Commission. He said the amendment would provide landowners density credits to build at a higher density, up to their originally zoned density, even though their parcel of land would be smaller. (*The previous sentence has been corrected. See editor's note at the bottom of this article for more information.)

Kaufman said it will be able to help the town in two instances, one is on the project at Station Street, where the town will be doing utility undergrounding.  He said it will also help the town with the upcoming Metro project.

The draft amendment was based off of Fairfax County’s version, Kaufman said, except Herndon’s is stricter. He said the county’s version does not provide for density credits for land sold to them.

Kaufman said the only case in which the amendment would cost the town money is in the case of a condemnation, at which point the town would have to pay for the cost of creating the plat for the property.

The resolution, which the Council passed 6-1, does not approve the amendment to the zoning ordinance, it only puts the matter in front of the Planning Commission for consideration and further study. If the Planning Commission eventually passes the zoning ordinance text amendment, the matter will come back to the Council for a vote.

Councilwoman Connie Hutchinson said she is concerned that the ordinance amendment could create non-conforming lots—or lots that don’t fit with the surrounding properties. Kaufman said that is something the planning commission would look into.

Councilman Jasbinder Singh wanted to know why there were differences between how the town’s draft amendment was written and how Fairfax County’s is written.

Kaufman said he didn’t think the county’s version would address the concerns of the landowners who have asked the town about this issue.

Vice Mayor Lisa Merkel asked if there would be limits to the credit. Kaufman said that is something that could be an issue with the way the draft is currently written, but the Planning Commission and town staff could address it.

Singh said he is very concerned because the town is taking Station Street as an example and applying it town wide. He said he doesn’t know if the Planning Commission will have the time to address the framework of the draft amendment.

Singh said he would like the town staff to bring the council a more in-depth report that takes Council input into consideration before passing it to the Planning Commission.

Hutchinson said she also did not feel the need to rush the amendment because of the concern of one or two landowners. She said rushing through the process could bring trouble, and they need to make sure the changes are applied fairly to everyone.

Town Manager Art Anselene said the current process for zoning ordinance amendments is what the town has been doing for years—with the Council initiating to ordinance, passing it onto the Planning Commission, and then going back to the Council for a final vote on the revised ordinance.

Anselene said it is the Planning Commission’s task to study the possible ordinance and thinks the town’s process consistently works. He said he doesn’t know that he would recommend changing the process for how zoning ordinance amendments are dealt with.

Tirrell said the Council could always send it back to the Planning Commission level if the issue came back to the Council and they did not feel it addressed all their concerns.

Merkel said she was inclined to move it forward and let the Planning Commission do their job. She said she has confidence that the town’s staff and the Planning Commission will address it well.

Mayor Steve DeBenedittis said the Planning Commission will receive the input and concerns that have been discussed by the town staff and the Council thus far.

After Councilwoman Sheila Olem made a motion to approve the resolution initiating the process, Singh made a substitute motion to defer the matter until October and have the town staff come back with a more in-depth report. The motion failed 2-5 and the original motion then passed 6-1.

* Editor's Note: The bolded sentence in the article was originally incorrect and has since been corrected. The amendment would apply to landowners who sell or convey land to the town for public use. The amendment would provide landowners density credits to build at a higher density, up to their originally zoned density, even though their parcel of land would be smaller. Update made July 15, 2011.