January 26, 2016

The Honorable Cathy Hudgins

Hunter Mill District Supervisor
Fairfax County Board of Supervisors
Dear Supervisor Hudgins,
As the Countys effort to develop Reston Town Center North (RTCN) moves forward through a PublicPrivate Partnership, we would like to express our appreciation for your extensive outreach with the
DPWES project office in considering how to proceed and ask you to address one issue in that effort we
do not believe has received sufficient consideration: the need for public open space.
The concept developed by the DPWES project team is in most regards consistent with the Reston Master
Plan and the Reston Master Plan Special Study Task Forces recommendation. We appreciate the effort
the County and INOVA have obviously extended to reach an accommodation on the arrangement of
their now-interlocked properties in RTCN to fit the plan. The two community meetings you sponsored
last year generated a great deal of community interest and a variety of excellent feedback that we
certainly hope DPWES will not only consider, but will pursue, as the RTCN development effort proceeds.
As you know well, Restonians love their community and are passionate about sustaining their quality of
life and the well-deserved recognition Reston has a premier planned community.
A key element of the quality of life in Reston is our open spacevirtually all of it private land maintained
by Reston Association. We now need your help in assuring that at least some of that quality of life may
be offered to our prospective neighbors and employers in Town Center North by the County. More
specifically, the 2.5 acres of open space Town Green identified in the Countys development proposal
is seriously deficient in meeting virtually every relevant Board-approved park standard and guideline
and, more importantly, does not even meet the legal requirement set forth in the 1974 deed
transferring Gulf-Reston property to the County that calls for ten acres of open spacenatural and
recreational areato be sustained in Town Center North through at least 2073. We ask that you to take
the lead in assuring that the requirements of the deed will be metat leastas the project comes
together in the months ahead.
We have attached for your information a research paper we have prepared on the evolution of that 10acre open space requirement since 1974 and how it stacks up against current County county-wide and
urban area park guidance as well as the documented wishes of the community. In a nutshell, here are
the conclusions of that analysis:

The County concept would provide only one-quarter of the land now lawfully
deeded for that purpose.

It is similarly less than one-quarter of the guideline laid out in the Board-approved
FCPA Urban Parks Framework that calls for eleven acres of park space in RTCN to
meet expected population and employment levels in 2040and cited in the new
Reston Master Plan for that district.

And it is about one-seventh of the 17 acres of land needed to meet the Countys
park facilities standards for the number of people conservatively expected to live
there.

It is even one-half to one-third the size of the Reston Master Plan Special Study
Task Forces recommendation that RTCN should have a centrally located 5-7 acre
Town Green as a centerpiece around which the rest of TCN may be oriented and
creates the potential of a powerful north-south visual and physical connection
from the Town Center Metro Station.

We are confident that, with your leadership, the County will be able to finalize its concept so that it at
least meets the legal requirement established by the 1974 deed to create 10 acres of open space in
RTCN. That would likely result in a 6-8 acre Town Green depending on how much of the current open
space on County property it intends to preserve in its current natural condition under its development
proposal.
We would note that even an 8-acre Town Green satisfying the 10-acre deed requirement would be only
16% of the total RTCN area, significantly below the 20% goal of the 1974 deed transfer and about half
the 30% open space that the Board approved for the redevelopment of the adjoining Spectrum Center
mostly in two large plazas. Given the substantial projected shortfall of park space in Reston Town
Center core using the same forecasts and County policy guidelines, we would certainly be pleased with
any addition beyond the legally required ten acres of open space in RTCN you and DPWES could create
as the plan for RTCN becomes finalized.
We look forward to your leadership in assuring that those who live, work, and play in RTCN will be able
to experience the quality of life that has become the cornerstone of our Reston planned community by
providing adequate open space in RTCN. Thank you for all your efforts in re-shaping RTCN and your
consideration of this request to expand the Town Green to meet the requirements laid out in the 1974
deed. Moreover, we would be pleased to work with you and DPWES in making that goal achievable.

Sincerely,

TDMaynard

Terry Maynard
Co-Chairman
Reston 20/20 Committee

Attachment:
The Ongoing Evolution of the 10 Acres of Deeded Natural and Recreational Open Space in
Reston Town Center North, Reston 20/20 Committee, January 25, 2016
Distribution:
Fairfax County Board of Supervisors
Fairfax County Planning Commission
Fairfax County DPWES RTCN Project Team
Ellen Graves, President, RA Board of Directors
Cate Fulkerson, CEO, Reston Association
John McBride, RA Land Use Counsel
Sridhar Ganesan, President, Reston Citizens Association
John Hanley, Vice President, Reston Citizens Association
Robert Goudie, President, Reston Town Center Association
Local Media

The Ongoing Evolution of

The 10 Acres of Deeded Natural and Recreational Open Space in
Reston Town Center North
Terry Maynard, Reston 20/20 Committee
January 25, 2016

Summary: In 1974, Gulf-Reston deeded a ten-acre plot in Reston Town Center North
(RTCN) to the County for the expressed purpose of retaining it for recreational and
natural purposes for at least 99 years. This deed and a separate deed for the remaining
40 acres in Town Center North both included clauses that stating that the provisions of
the Reston Deedits covenants, design processes and guidelines, assessment fees,
etc.applied to the entire 50-acre area.
The County subsequently fragmented the original ten acres deeded for recreational and
natural purposeswhich originally had a long hockey stick shape extending roughly
from Baron Cameron and Town Center Parkway to the site of Reston Regional Library
and spread it around Town Center North. The County now faces the challenge of
restructuring most of the areas 50 acres as part of its re-alignment of the RTCN area
property with INOVA, which now owns more than one-third of the property there.
Despite the deeds directive, the Countys proposed development concept for calls for
only a 2.5 acre Town Greenone-quarter the space deeded to the County for the
expressed purpose of natural and recreational activities.
Last summer, RA entered into discussions with the County on RTCN. At an August 2015
Special Board of Directors meeting to discuss this and the other 1974 land transfer, the
Board resolved to have its counsel work with the County in a manner which preserves
and/or enhances natural open space within Reston. RA officials assert that they intend
to insure that all the ten acres of RTCN are so preserved. They expect the County to
continue to own those 10 acres while RA programs its use.
Unfortunately, the Countys RTCN redevelopment concept proposal fails to meet
virtually every key County legal requirement, policy guideline, and community
recommendation for the sizing of natural/recreational space in RTCN.
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The proposal provides about one-quarter of the land now lawfully deeded for that
purpose.

It is similarly less than one-quarter of the guideline laid out in the Board-approved
FCPA Urban Parks Framework that calls for eleven acres of park space in RTCNand
cited in the new Reston Master Plan for that district.

And it is about one-seventh of the 17 acres of land needed to meet the Countys park
facilities standards for the number of people conservatively expected to live there.

It is even one-half to one-third the size of the Reston Master Plan Special Study Task
Forces recommendation that RTCN should have a centrally located 5-7 acre Town
Green as a centerpiece around which the rest of TCN may be oriented and creates
the potential of a powerful north-south visual and physical connection from the
Town Center Metro Station.

In the end, Reston may end up with 10 acres of natural and recreation space in RTCN,
but certainly not in one large Town Green. In fact, the Town Green is extremely unlikely
to be more than eight acres in size due to the fact that about two of the fragmented ten
acres of natural space will almost certainly remain as open space. Under any reasonable
circumstance, the Town Green should not be less than six acres in size. And the County
has the option to add public park space and facilities to its deeded obligation if it wishes
to give more reality to its park policy guidelines, especially so in light of the substantial
shortfall of park space in Reston Town Center. In light of the numerous steps in moving
forward toward implementing the RTCN plan, it is important that the specifics of the
size, location, and design of the Town Green be resolved now to insure protection of
property that is Restons legal responsibility to protect.
The community deserves a central park worthy of its late founder, Bob Simon.

In the Beginning: The 1974 Deed and Natural/Recreational Space

In two transactions in October 1974, Reston-Gulfthen the owner/developers of Reston Town Center
transferred 50 acres of land north of its core to Fairfax County in what has become known as Reston
Town Center North (RTCN). One deal was for 40 acres to be developed generally as a true North County
Government Center and the focal point for a medical center. The second deed transferred 10 acres of
RTCN land from Gulf-Reston to the County and specified:
(a) All of the provisions, including the protective covenants, restrictions, charges, liens and
easements contained in the Protective Covenants and Restrictions recorded with the Deed of
Dedication of Reston . . . .
and
(c) No building, structures or improvement shall be built or placed on the property conveyed
herein, except (a) structures which may be required for storm drainage or sanitary sewage
purposes, or (b) any building, structure or improvement which, in the aggregate, covers no more
than ten percent (10%) of the land area of this parcel and which is intended for recreational uses;
and the property shall otherwise be left in its natural state. This covenant shall run with the
land and be binding on the Grantee and its successors and assigns, for a period of ninety-nine (99)
years from the date hereof.
Moreover, the sales agreement between Gulf-Reston and the County shows on a map of the plat the
specific ten acres to be preserved for natural and recreational purposes. The agreement states, in part:
. . . the party of the first part (Gulf-Reston) shall convey to the party of the second part a parcel
containing 10 acres, more or less, for the consideration of $1.00, which property is designated on
the attached plat as 10 acres dedicated for permanent open space.
The sales contract continues by reiterating the deed terms mentioned above.
The intent of the transferred deed seems clear: Ten acres of the RTCN land owned by the County should
be reserved for open space to be used for recreational uses or maintained in its natural state under the
framework established by the Reston Deed until at least 2073. The 1974 deed and contract actually
specify that the 10 acres would border the west side of what was then projected to be the Countys north
government center and a medical center. The property would extend southward and then, on a
diagonal through what is now primarily the Reston Regional Library site. At the time, there was no
development in this area, including streets.

As we know, the Reston Hospital Center was built southwest of this area, but INOVAs ACCESS medical
facility remains in the northeast corner of RTCN. The Countys buildingsthe library, the shelter, the
police/district supervisor office, and the regional human services office building lie in or near much of
what was intended to be the deeded natural area.
Then Came the Open Space Fragmentation
The reason the County was able to build its various buildings where it did was that it subsequently broke
up the deeded ten acres and spread them around the 50 acres of RTCN it then owned as shown below.

The largest parcel is the 5-acre parcel that the County transferred to the Fairfax County Park
Authority (FCPA) along Fountain Drive.
The approximately two acres that is west of Town Center Parkway has become a pond and
remains a natural area.
The extreme northwestern corner of RTCN has about a one acre natural area behind the Countys
personnel services building.
Another acre (more or less) is on the north side of the police station across Cameron Glen Drive.
The final acre or so is across Bowman Towne Drive from Reston Regional Library.

FCPA
Parkland

Reston Citizens Association Expresses Concerns

Early in 2015, two significant developments shaped the ensuing discussion of the 10 acres of open space
in RTCN.

The County noted it was working with INOVA to re-align their properties and develop a concept
plan for RTCN.
FCPA transferred its five acres of parkland to the County to facilitate the Countys effort.

In light of these developments, Reston Citizens Association (RCA) wrote a letter to Supervisor Hudgins in
mid-April expressing its concern that the transfer of the FCPA property to the County would lead to
reduced park space in RTCN with a couple of acres of the FCPA land devoted to a new regional recreation
center. It also cited anticipated population and job growth in the area, the shortage of park space
elsewhere in the Reston Town Center district and Restons longstanding leadership as a planned
community with extensive park and natural space. It concluded:
We strongly believe that the Board should acquire and develop a major central park of at least
15-20 acres in the middle of the West Fountain Drive area generally consistent with orientation
laid out in the Figure 31 concept in the Reston Master Plan. While less than half the total
acreage the TCN area deserves based on the County's current Urban Parks Framework, we believe
it is a realistic, worthy, and essential goal for park development in Town Center North. Other
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smaller parks consistent with the Urban Parks Framework types should also be incorporated
throughout this area to further offset the shortfall in park space.
The Countys RTCN Development Proposal: A Micro-Town Green
A review of the Countys draft Request for Proposal (RFP) that is the centerpiece of its planned publicprivate partnership (PPP) development of the approximately 30 acres the County still owns in RTCN
reveals no acknowledgement of the 10-acre deed open space requirement although it was fully aware of
the deed requirement. Indeed, despite the natural area requirements of the existing deed of land to the
County and the Countys own standards for parks and their facilities, the County has proposed a mere 2.5
acre Town Green in RTCN extending up the spine of the area from the Reston Town Center core. The
concept did not change over the two community meetings held on RTCNs development in September
and November 2015.
Town Green
(2.5 Acres)

County Concept for Town Center North Mixed Use Area

RA and Working Around the RTCN Title Defect

Reston Association (RA) was aware of its deeded rights in RTCN and entered the ongoing dialogue in
August 2015 with its Board of Directors call for RA to engage the County in working around the title
defect in the two 1974 deeds giving it RA Deed covenant authority over the entire RTCN, including the
6

10-acre natural/recreational area. The discussion of the situation was held in executive session, so RA
members had no idea what was being discussed. What came out of the meeting is reflected in the
meeting minutes this way:
President Graves made the following statement:
Further, this Board has been made aware of a recorded Restrictive Covenant on
a 10 acre portion of the land which is within the Fairfax County/INOVA Reston
Town Center North Redevelopment Project RFP.
While this restrictive covenant limits the use and development of this 10 acre
portion of land to natural open space, none of this land was ever deeded to
Reston Association or designated as Common Area of the Reston Association.
This restrictive covenant presents a title defect which may impede or hinder the
redevelopment anticipated in the Fairfax County/INOVA RFP.
President Graves, seconded by Vice President Sanio, moved that RAs counsel be directed
to assist Fairfax County and INOVA in working around this restrictive covenant but only
in a manner which preserves and/or enhances natural open space within Reston.
The inability of Reston residents to observe the discussion on this issue, which was conducted in
executive session, and the obtuse language in the resolution and background left Restonians wondering
what RA was saying. From a Reston perspective, the language in the deed and sales contract is more
accurately a title bonus. Most importantly from a Reston perspective, the last phrase of the resolution
signals RA intent to preserve or enhance Restons open space. When it was pointed out to RA that the
last phrase doesnt say explicitly that RA intends to insure that all 10 acres of open space are to be
preserved, senior RA officials stated that RAs intent is to make sure the full acreage is set aside for
County-owned recreational/natural space under RA programming management.
RA and its counsel have been in contact with County officials, including the Countys attorneys, to make
clear their position on the need for the County to meet the provisions of providing ten acres of
natural/recreational space in Town Center North. From discussions with RA leaders and counsel, they
have stated that RA does not need to own the 10 acres, but it expects to manage its programming when
it is completed. Moreover, it prefers a single, large public open space and, in their view, a widening of
the proposed Town Green to allow more play area appears to be the best option.
To date, the County has not responded to RA.
Where Is RTCN Development Now?
RAs assertion of its claim under the two 1974 deeds has slowed the Countys effort to move forward
with its Public-Private Partnership (PPP) with a developer yet to be selected. The County may proceed
with its efforts to qualify developers to bid on the proposed partnership without resolving the deed
issues or having a final development plan, but that is about all. In particular, it cannot finalize its realignment agreement with INOVA on their properties in RTCN nor can they issue an RFP to qualified
bidders until they have a final plan in place, which requires resolution of the 10-acre natural/recreational
space issue with RA. It is not clear when the 10-acre open space issue but, because it impacts the overall
process for a final County plan for RTCN and a contract with developers, it is hoped that this can be done
within the first-half of this year.
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Moreover, it is not clear whether this delay will also mean a delay in addressing the need to move the
Reston Regional Library or the Embry Rucker Homeless Shelter, the two major facilities in Blocks 7 & 8
that are planned to be re-developed first when the PPP is launched. An option to use the former Baron
Cameron nursing home as the temporary site for the homeless shelter is on the table, but no similar
arrangements are on the table for the library. Library advocates, in fact, are pushing to maintain the
current facility until a new permanent home for it has been constructed in Phase 1 (Blocks 7 & 8) of the
RTCN redevelopment, just as the new police/supervisors office building replaced the old one without a
temporary relocation.
What Should Happen with the Deeded 10-acre Natural/Recreational Area?
From Reston 20/20s perspective, the stipulation that ten acres of land in RTCN be reserved as a
recreational and natural area reflects the amazing foresight of Bob Simon and Gulf-Reston to make sure
that Restonians well into the future had adequate space to live, work, and play. Moreover, in our view,
it creates a legal obligation on the County to make sure that such a natural/recreational space exists until
at least 2073 under the deeds terms.
Despite the deed requirement for 10 acres of natural/recreational space in RTCN, the Countys
Comprehensive Plan for Restonthe Reston Master Planmakes no reference such space in RTCN. Its
language is exceptionally weak on the matter:
Local-serving amenities including plazas, other urban parks, trails, and public art should be
provided throughout the subdistrict to serve local leisure and recreation needs. The exact number
of urban parks, their sizes and distribution will be determined by the amount and type of new
development, in accordance with the Urban Parks Framework in the Policy Plan. (p. 99)
This weak County language flies in the face of the recommendations in the Reston Master Plan Special
Study Task Force (RTF), comprising community representatives of every conceivable interest in Reston
and RTCN, that worked on the urbanization of RTCN and the three Metro station areas for more than
four years. That report stated that a Town Green should serve as a centerpiece for the redevelopment
of RTCN.
Open space within Town Center is at a premium. TCN presents an opportunity to help address that
issue and this should be an important goal. The current Fairfax County Park Authority five-acre
steeply sloped park abutting Fountain Drive should be replaced with a five to seven acre contiguous
open space (emphasis added) that is flatter and is both more centrally located and closer to the Town
Center urban core. This would serve multiple goals:

Allows greater flexibility to accommodate both some active and passive uses; Provides a
centerpiece around which the rest of TCN may be oriented and creates the potential of a
powerful north-south visual and physical connection from the Town Center Metro Station;
and
Enhances the possibility of street-level retail at intersections along Fountain Drive to
complement the approved Spectrum concept plan. (p. 42)

Moreover, the RTF report continues, The central park should be augmented with other pockets of open
space that should be visible and accessible for pedestrians. In short, the community wants a substantial
central single open space for the new residents and employees who work there.

The new Reston Master Plan states that RTCN is to become a mixed-use area permitting commercial
development at a FAR 0.9 density with at least 1,000 dwelling units. In addition, the Board of Supervisors
has already approved a 12-story mixed-use Spectrum Center redevelopment and the 23-story Akridge
office building for construction east across Fountain Drive from RTCN.
By our calculation, development associated with these plans and approvals should conservatively result
in about 10,000 jobs and 7,000 new residents in the Town Center North District a quarter century from
now. That many workers and residents requires more than 11 acres of parkland according to the Boardapproved Fairfax County Park Authority (FCPA) Urban Parks Framework (see below).1

Park Requirement for Town Center North using FCPA Urban Parks Framework--2040
Sub-Unit

Closest Plan Title

D-1 North

Town Center North

West Fountain Dr.*
East Fountain--Spectrum/Akridge
Total TCN Jobs and Residents

Acres
97.5
66
31.5

Non-Res Non-Res Jobs @300 Dwelling

FAR Development GSF each**
Units
0.90
0.93

Urban Parks Framework Park Space Guideline--Acreage standard

Total County Park Space Requirement (Acres)

1,811,225
1,270,471
3,081,696
1 acre per
10,000 Jobs

6,037
4,235
10,272
1.0

2,000
1,422
3,422
1.5 acres per
1,000 Res.

Residents @
2/DU
4,000
2,844
6,844
10.3
11.3

*Plan language calls for a minimum of 1,000 DUS. We anticipate twice as many new DUS over the next 25 years.
**The non-residential portion of TCN comprises a variety of office, governmental, hotel, and retail jobs. We believe their
overall space per worker requirement based on County GSF/worker guidelines will approximate 300 GSF as office space per
worker shrinks over time.

Besides the Countys acreage requirement based on the number of jobs and residents in an urban area
under its Urban Parks Framework, the FCPA also has a Board-approved County-wide standard for park
facilities based on the number of people residing in an area. Applying that population-based standard to
RTCN calls for five athletic fields in Reston Town Center North3 rectangular fields, a softball field, and a
baseball fieldthree multi-use courts, and two playgrounds (see table on next page). The actual acreage
required to provide each of these fields is more than 18 acres based on county guidelines for Tysons
redevelopmentmore than half-again as large as the overall urban park acreage requirement and the 10
acres set aside 40 years ago for recreational and natural uses in RTCN. In short, the Countys Boardapproved park policies and guidelines call for a substantial park presence in RTCN, larger even than the
10 acres deeded for that purpose.

This acreage does not include the shortage of park space using the same County metrics in the rest of the Reston
Town Center area where there is an additional 18 acre park space shortfall for projected densities, counting all
FCPA, NVRPA, and privately-owned land, such as Presidents Park, committed to park space.

In short, the Countys redevelopment concept proposal for RTCN fails to meet virtually every key
County legal requirement, policy guideline, and community recommendation for the sizing of natural
and recreational space.

The proposal provides about onequarter of the land now deeded

for that purpose.
It is similarly less than one-quarter
of the guideline laid out in the
Board-approved FCPA Urban Parks
Framework that calls for eleven
acres of park space in RTCNand
cited in the new Reston Master
Plan for that district.
And it is about one-seventh of the
17acres of land needed to meet
the Countys park facilities
standards for the number of
people expected to live there.
It is even one-half to one-third the
size of the Reston Master Plan
Special Study Task Forces
recommendation that RTCN
should have a centrally located 57 acre Town Green as a
centerpiece around which the rest
of TCN may be oriented and
creates the potential of a
powerful north-south visual and
physical connection from the
Town Center Metro Station.

The County proposal is substantially short of the deeds requirements and its own policies and standards
resulting in a park space that is grossly inadequate for the immediate surrounding population, much less
the overall residential and working population of the Reston Town Center area. As one critic
commented, the County is proposing little more than a dog poop park. That will almost certainly be a
principal use of this small linear space, and Town Center North residents and workers will need to rely on
existing (and more crowded) RA parks, natural areas, and recreation facilities nearby instead. The
nearest County parkReston North District Parkis about a half-mile away. Still, it is far from clear that
Restonians will end up with the 10 acres of natural/recreational space it should receive by law under the
1974 deed, especially in one large Town Green. The actual size of that open area will depend on the final
plans of the County.
What May Happen
Reston may well end up with 10 acres of natural and recreation space in RTCN, but certainly not in one
large Town Green. In fact, the Town Green is extremely unlikely to be more than eight acres in size due
to the fact that about two of the ten acres of natural space located at Baron Cameron and west of Town
Center Parkway will almost certainly remain as open space. Under any reasonable circumstance, the
10

Town Green should not be less than six acres, and then only if the County continues to protect the two
roughly one-acre natural areas on RTCNs west and northwest edges during the plan for RTCNs
development. In any case, we anticipate that the County will end up providing a 6-8 acre Town Green
with a much enlarged oval at its core while maintaining the same narrower neck into the Reston Town
Center core. The space carved out for a larger Town Green would not preclude development of RTCN at
the FAR 0.9 level called for in the master plan because the planned density is for the entire area, not any
individual parcel. A Town Green of 8 acres, for example, could raise the density ceiling in the
surrounding areas by about FAR 0.2roughly one-story of added building height in most cases. In any
event, Restonians would be looking at a park area that is 2-3 times what the County currently envisions
and is generally in line with the recommendation of the Reston Master Plan Task Force for a central 5-7
acre Town Green two years ago.

We certainly do not expect, but we can always wish for, the County to exceed its legal requirement under
the 1974 deed to provide 10 acres of recreational/natural space in RTCN.

First, it could expand the areas parks to approach the total 17-acre size that would be required
to meet its County policy for park facilities in RTCN.
Second, it could begin to compensate for the expected 18-acre shortfall in park acreage in the
Reston Town Center as population and jobs grow there by applying the Urban Parks Framework
guidelines, a shortfall that counts all the existing and planned private park space and NVRPA
(W&OD Trail) park land there. There is no FCPA park space in Reston Town Center.
11

Now is the time for the County to identify and set aside that substantial single parcel of land for
recreational and natural uses consistent with the deed requirement at least, including a fully developed
Town Green with both natural areas and recreational facilities, A resolution of the 10-acre open space
matter must be achieved before the County lays out its final plan for RTCN, finalizes its deal with INOVA
on re-aligning their property boundaries, and it issues an RFP to qualified bidders. After the County takes
those steps, it will be very difficult to garner the needed and required natural and recreational space for
the future residents and employees of RTCN.
The community deserves a central park in RTCN at least consistent with the property deed and preferably
one worthy of its late founder, Bob Simon.

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