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approximately 30 could be built under the existing county zoning
for the property. It was petitioner’s plan to grant a
conservation easement to the County that would limit the number
of building lots to 30. The claimed conservation easement and
the underlying supporting appraisal were based on the assumption
that 60 dwellings could be built and the potential for 30 was
being given up by the easement. Ultimately, the 29.3 acres were
sold without application for or change in the zoning. At the
time of the claimed conservation easement, there was only the
possibility that the number of buildings or dwellings could have
been increased from 30 to a larger number.
The rezoning process can be time consuming, costly, and
involves compliance with numerous regulations. For example, even
with Hyland’s assistance, it took 5 months to obtain a C-2 zoning
classification for the FFA property and building. In some
instances there may be a need to employ experts such as engineers
and surveyors. The rezoning process is initiated by the filing
of an application and may involve a public hearing before the
planning commission and/or the Board. The Board considers the
rezoning request and makes its decision based upon the planning
commission recommendations, staff reports, and public testimony
at hearings. The cost to pursue a rezoning application in
Fairfax County during the late 1990s could have been as much as
$20,000-$30,000.
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Last modified: May 25, 2011