James D. and Beverly H. Turner - Page 10

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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