Herndon officials are working with a town house developer to settle a zoning dispute over the kind and size of houses on a 38-acre site beside the town's public golf course.

The developer, A&A Homes Inc., won a court order requiring the town to rezone the property to permit more than four single-family homes per acre on the site, an order that the town has appealed to the Virginia Supreme Court. The case was due to be heard last month, but the town asked for a postponement to give it time to try to seek an out-of-court settlement.

Herndon, long concerned about the relatively small number of single-family homes in the town, had opposed town house development for the site, bordered by the golf course and other housing developments, including apartments, town houses and single-family homes. The developer wanted the site rezoned for 10 town houses per acre.

The town is proposing to rezone it for five town houses per acre, which would appear to satisfy the lower court ruling that the zoning should be somewhere between four and 10 units per acre. The planning commission will hold a hearing on the rezoning May 2, with the Town Council expected to take it up the following week.

The town also has been concerned about the small size of town houses going up in Herndon "since many families outgrow two-bedroom town houses and are forced to move out of Herndon," planning director Peggy Dubynin said.

The town recently passed regulations requiring future town houses to contain at least 2,000 square feet, in effect requiring three-story town houses with at least three bedrooms. However, this does not apply to the A&A Homes site because the developer submitted his application before the regulation was passed.

The town and developer tentatively have agreed at least 50 percent of the 190 units that would be permitted would have not less than 1,800 square feet, which would mean three-story, minimum three-bedroom units, Dubynin said. He said the remaining units would have at least 1,200 square feet under an agreement still being developed.