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July 25 , 2008

Planners Discuss Crowded Homes

By Rebecca Plevin Observer Staff Writer

The town's zoning administrator could soon have the authority to issue a subpoena to obtain information necessary to determine whether a residence is overcrowded. The Planning Commission discussed the zoning ordinance text amendment at its work session Monday night and will vote on the proposal at its Aug. 4 public hearing.

Under the proposed amendment, the town would petition the Fairfax County General District Court to issue a subpoena against anyone refusing to produce necessary data or information. It would allow the zoning administrator to obtain copies of residential leases, identification of tenants or occupants, and detailed information about the home, according to Town Attorney Richard Kaufman.

Kaufman said Tuesday it is hard to acquire detailed information about overcrowded residences without a lawsuit and this amendment could help the town resolve overcrowding cases before they reach litigation. If the cases proceed to litigation, the amendment will allow the town to acquire accurate information, Kaufman said.

Commissioner Dave Swan said the amendment should require the zoning administrator to seek written approval from the town manager before requesting that the town attorney petition for a subpoena. He said there should be an "extra pair of eyes" reviewing the subpoena requests.

The commission also discussed the proposed guidelines for streetscapes, both in the downtown and outside of the downtown, and Swan said the town should emphasize the importance of native plants in the streetscape standards. Planting trees, shrubs and flowers that are native to the Herndon area, he said, will benefit insects and animals, respect the town's botanical heritage and make the town "look different from every town in America."

Swan said the town should require developers to plant a certain percentage of native plants and he would like to see this requirement included in the final draft of the streetscape guidelines. Kay Roberston, senior projects planner, said the town staff is not ready to recommend only native plants be used in the town's streetscapes. "Some non-native plants just work better in an urban environment," she said.