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development does not encroach on or overburden designated
floodplain areas. A developer’s obligation to comply with the
requirements of the Office of Public Works is called best
management practice requirements (BMP requirements).
Because the Grist Mill property was located within a
“historical overlay district”, it was subject to more stringent
regulations than otherwise required by the basic zoning
regulations. The Board has established 13 such historical
overlay districts within Fairfax County. Fairfax County seeks to
conserve and improve these historical districts. Where new
structures are being developed within those districts, the county
attempts to ensure they comport with the district’s historical
character. To assist in the administration of these regulations,
the county created an Architectural Review Board (the ARB)
consisting of residents with expertise and interest in the
preservation of historical sites. Applications for rezoning and
special exceptions or permits within historical overlay districts
must be submitted for the ARB’s review. The ARB, in turn,
provides its recommendations to Fairfax County agencies for
further consideration and review.
At all relevant times, the Grist Mill property was zoned R-2
and was limited to a maximum development of 30 residences. Of
the 29.3 acres, 15.04 acres were in a floodplain and could not be
developed. Accordingly, under an R-2 zoning (two homes per
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Last modified: May 25, 2011