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government policy, passes resolutions and ordinances, and
approves land use plans. The Board consists of a chairman and
nine additional members called supervisors elected by the
citizens of nine Fairfax County districts. At all relevant
times, Hyland was the supervisor who had been elected by the
citizens of the Mount Vernon District. As of the time of trial,
Hyland had served as a supervisor for 18 years.
The Grist Mill property was located in Fairfax County which
had a comprehensive zoning plan defining the permitted uses for
county property. Two pertinent Fairfax County residential zoning
plans are R-2 zoning and planned development housing (PDH)
zoning. Under an R-2 zoning an owner would “by-right” be
permitted to build two single-family dwelling units per acre.
The term “by-right” denotes the property uses available to an
owner without requesting a new zoning designation. Greater
residential per acre density is permitted under a PDH zoning
classification if certain requirements are met, such as the
preservation of open space. An owner of property zoned R-2 who
wishes to build three units per acre would have to ensure that
the comprehensive plan permitted it and then apply to the Board
for a rezoning to a PDH or R-3 classification.
During the conglomeration and development of the 29.3-acre
parcel, petitioner and others made the representation that 60
dwellings or residences could have been built. In reality, only
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Last modified: May 25, 2011