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petitioner requested a waiver of the Fairfax County On-site
Stormwater Detention Requirements. The county granted the
request on December 31, 1998, so long as petitioner provided
channel protection from storm sewer outfalls to Dogue Creek.
This was accomplished by a floodplain easement. The required
protection could not have been satisfied by means of a
conservation easement. Notwithstanding, petitioner indicated in
his development plans that he intended to use a conservation
easement to satisfy those BMP requirements.
During June 1998, petitioner began discussions for the sale
of the Grist Mill property to NVHomes. Petitioner provided
NVHomes with a sketch depicting a 62-lot and a 30-lot proposal
for development. During July 1998, NVHomes sent petitioner a
proposed purchase agreement for the Grist Mill property,
envisioning the purchase of approximately 60 fully developed
single-family lots. The parties’ negotiations collapsed because
NVHomes wanted fully developed lots and petitioner’s business
partner wished to sell the property more quickly than it would
take to make the desired improvements.
During October 1998, Centex Homes offered to purchase 41.5
acres of petitioner’s property for $2,700,000 conditional on a
PDH-2 rezoning that yielded approximately 60 single-family
detached lots, but not fewer than 50. Also during October 1998,
Batal Builders, Inc., offered to purchase approximately 32.5
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