Pg. 3

"Under the legal advertisement, the proposed land area of the Districts cannot be expanded".

"If it is the desire of the Board to add land area, it is recommended that this action occur after the completion of the special study for the area as a Phase 2 consideration."

Attachment I, Pg. 1 & 2

Staff reviewed the existing zoning district regulations with an emphasis on the commercial retail districts of C-5, C-6, C-7, C-8, as the majority of the land in the proposed Commercial Revitalization Districts is in these zoning districts; however, it is noted that the proposed districts also contain a limited amount of commercial office zoning consisting of C-2, C-3, C-4, and these districts were also reviewed.

I, Pg. 19

"Any parcel of land lying in an overlay or commercial revitalization district shall also lie in one or more of the other zoning districts provided for by this ordinance."

I, Pg.19

"Districts as provided for in this article and amendments thereto shall be established in the same manner and by the same procedures set forth in Article 18 for other zoning districts provided for by this ordinance."

I, Pg.20

"Intended to enhance the older commercial areas of the county"

7-1002 District Boundaries - The commercial revitalization district boundaries shall be as established on the official zoning map.

7-1003 Establishment of Districts - Commercial Revitalization districts shall be established in like manner as any other zoning district permitted by this ordinance, and may be amended in accordance with the provisions of Part 2 of Article 18.

I, Pg. 31

(7) A site plan or minor site plan may be filed concurrently with the filing of a rezoning, special exception or special permit application, however, no such plan shall be approved by the Director until the rezoning, special exception or special permit application has been approved by the Board or AZA, respectively, This concurrent processing shall not relieve this applicant from complying with the provisions of any applicable ordinances, regulations, or adopted standards, and shall not prejudice the consideration of the application in any way.

Attachment II, P. 3

"The area contained within the boundary of each of the six areas is essentially the same area that is currently recognized within the adopted Comprehensive plan as the boundary of the respective Community Business Center (CBC). Maps delineating the boundaries of the six areas are contained in Appendix 1."

Pg. 6

GOAL – "Revitalization – Fairfax County should encourage and facilitate the revitalization of older areas of the county where present conditions warrant. Revitalization should prevent the effects of encroachment and deterioration of commercial and industrial development on stable residential areas and should not hamper community improvements in these neighborhoods"

"In addition, the proposal furthers implementation of Objective 7 of the Land Use element of the County’s Policy plan, which states:

Objective 7: Fairfax County should reserve and or conserve areas which provide primarily community serving retail and service uses.

Lot 12 any design and development plan should be compatible with the historic nature of the Old Mount Vernon High School. –

Lot 13. The design and development plan should be compatible with the historic nature of the Old Mount Vernon High School. Adverse impacts of proposed development to neighboring residential uses should be mitigated.

Lot 15. Planned for Community-serving retail

Lot 16. The design of the retail and /or office use should be compatible in scale and appearance with the residential neighborhood.

15.2-2200

"Residential areas be provided with healthy surroundings for family life"

15.2-2201

"Historic area" means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

15.2-2229

Amendments – After the adoption of a comprehensive plan, all amendments to it shall be recommended, and approved and adopted, respectively, as required by 15.2-2204 If the governing body desires an amendment it may direct the local planning commission to prepare an amendment and submit it to public hearing within sixty days after formal written request by the governing body.

15.2-2283

Zoning ordinances (I) to provide for adequate light, air, convenience of access, and safety from fire, flood, crime and other dangers; (ii) to reduce or prevent congestion in the public streets; (iii) to facilitate the creation of a convenient, attractive and harmonious community; (iv) to protect against one or more of the following; overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transpiration , or loss of life, health or property from ,fire, flood, panic or other dangers, "

15.2-2285

c. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice"

15.2-2301 it; petition for review of decision. Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of 15.2-2299 may petition the governing body for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the governing body within thirty days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

15.2-2308

5. No provision of this section shall be construed as granting any board the power to rezone property.

15.2-2311

1. An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any another administrative officer in the administration or enforcement of this article..
2. An appeal shall stay all proceedings in furtherance of the action appealed from

Suburban Neighborhoods: Are the County’s stable residential neighborhoods which are to be protected and enhanced by assuring compatible relationships between uses;… Maximum allowable non-residential intensities of .15 to .25 FAR; Special Exception and Special Permit uses may be appropriate at higher intensities provided that such intensities are determined to be compatible with the surrounding area.

"The Stability of existing residential neighborhoods remains a prime concern; designating suburban neighborhood areas will help address this concern by ensuring compatible relationships among uses"

p.15

3. Commercial retail and office uses in Suburban Neighborhoods should be community-serving. P.15

5. …"should be of a scale and have characteristics that are compatible with the community in which they are located.

7. … ;non-residential uses generally should be .15 to .25 floor area ratio (FAR), depending upon the character of the development and its proximity to residential uses. P.16

8. Special Exception and Special Permit uses generally should be .15 to .25 FAR. However, a greater FAR may be approved if the application is determined to be compatible with the area and the transportation system. P.16

10. Heights of non-residential streuctures generally should not exceed 35 feet.

11. Heights of Special Exception and Special Permit uses generally should not exceed 35 feet.

12. Non-residential uses in surburban neighborhoods should be of a scale and character that is consistent with other uses in the immediate vicinity.

13. The establishment and maintenance of firm boundaries of the commercial areas delineated by natural and revegetated buffers and architectural screens;

The location of transitional density residential development between commercial uses and lower density residential development; and CONTROL OF ACCESS.

14. Access and internal circulation for non-residential and higher density residential uses should be designed to prevent adverse traffic impacts on nearby lower-density residential uses.
15. Institutional uses within suburban neighborhoods should be limited when necessary to maintain residential character and stability. P.16
16. The following guidelines should be applied to new development and redevelopment within or adjacent to suburban neighborhoods involving either a significantly higher intensity or a change in use: Minimize intrusion into adjacent residential areas by creating identifiable boundaries, sufficient buffering, and appropriate transition in height and scale; and Gain primary access from major or secondary thoroughfares which do not traverse adjacent stable residential areas, and take other measures as necessary to minimize cut through traffic affecting lower-density areas. P.16

6. The higher density residential uses should be encouraged in locations with superior access to Metrorail stations and or along major transportation routes with existing or potential bus service. P.18

3. Efforts should be made to minimize the loss of trees as a result of development in suburban neighborhoods. P.18