Fairfax County Zoning Applications Review Process

Rezonings, Proffer Condition Amendments, Special Exceptions

Fairfax County is known for its impressive and sophisticated Planning and Zoning Department.  They routinely review large scale projects that involve a variety of uses and densities and routinely depend upon their staff to conduct extensive analyses in order to understand precisely what improvements the developer and the county desire and how to best structure and phase the project so it benefits the needs of the county and its residents.  This article provides a quick outline of only one of the many processes involved in doing land development in Fairfax County.  For example, there are other types of zoning applications that are not addressed by this article.  The circumstances of each specific property will vary based on its zoning, any conditions or proffers associated with previous zoning approvals, the physical attributes of the property, and many other variables.  Zoning applications are one of the more visible aspects of the overall development process in the county, which involves many other agencies within the county government.

Role of the Comprehensive Plan in the Review of Zoning Applications

One of the important aspects of this process that the county evaluates first is the underlying zoning and the Comprehensive Plan (the "Plan") for the area in question.  If the area is not already zoned to allow the proposed development, the zoning must be amended or changed or, as appropriate, a special exception approved. (Special exceptions address specific uses or other modifications or waivers of special impact.) 

While the zoning of a property establishes the law with regard to the use and development of a property, the Comprehensive Plan, among other things, provides guidance for the review and action on a proposal to change the zoning or amend a previous approval.  In most instances, approval of a zoning application requires two public hearings, one before the Planning Commission, which advises the Board of Supervisors, and one before the Board of Supervisors, which, acting as a legislative body, takes action on the zoning cases. 

This process applies to the zoning applications listed above, and can vary slightly for other types of applications; however, there is usually at least one public hearing required.  In addition, while not required by law and outside of the formal review by county staff, each application is presented to many civic groups by the applicant.  The Plan is also established and amended through a formal public hearing process that usually includes citizen groups.  The adopted Plan is available on the county's Web site at www.fairfaxcounty.gov.

Fairfax County Comprehensive Plan and APR Process

During the Fairfax County review process for a zoning application, the Plan serves as the guideline against which proposed developments are measured and upon which approval by staff is based.  The Plan establishes the criteria that the county utilizes to make its decision on each application.  All applications for development of any kind presented to the county must be in compliance with the Plan or the applicant must wait until the APR process discussed below to make changes.  The Plan that is in place has approved the necessary transportation improvements, the traffic impact, and the amount of density appropriate for that particular area. 

Virginia law requires local governments to conduct periodic reviews of their comprehensive/master plans to update the plans to reflect existing conditions/trends and provide further guidance related to future development within the locality.  As part of Fairfax County's periodic review (the APR process), property owners and citizens are permitted to propose amendments to the Plan to modify the permitted uses, development intensities, or other limitations imposed on particular properties or land areas in preparation for future development/redevelopment of such properties.  The county staff reviews those proposals and makes recommendations for acceptance or denial on a wide variety of criteria.  Each nomination is also considered at public hearings before the Planning Commission and the Board of Supervisors prior to action by the Board of Supervisors on each nomination. 

Amendments to the Plan outside the normal APR process (so-called out-of-turn plan amendments) can only be initiated by members of the Board of Supervisors.  Hence, to the extent property owners anticipate developing/redeveloping particular properties or land areas in a manner that will require changes to the Plan, the APR process represents the best and, perhaps, only opportunity to suggest and secure such changes.  APR nominations are also subject to review and final action through the public hearing process.

Fairfax County Development Process for the Review of Zoning Applications

The Fairfax County review process for the review of a zoning application, such as proffered condition amendments and final development plan amendments (PCA/FDPA), requires submission of relevant plans, architectural drawings, renderings, and traffic analyses.  Because the county requires an extensive list of items and information to be included with the application, the coordination of the application packet and creation of the necessary plans and documents takes approximately two to three months to complete.  Upon submission, the zoning application is reviewed by the Fairfax County Zoning Evaluation Division to confirm that the required application materials have been submitted.  This includes a review of the development history of the property to ensure that the appropriate applications have been filed.  Review of the application to determine compliance with the county requirements usually takes approximately six to eight weeks. 

Once the application is accepted, it is assigned to a staff coordinator with the county's Zoning Evaluation Division.  The staff coordinator will be responsible for the county's review of the application and the county's negotiations with the applicant.  The assigned coordinator will review the application for conformance with the Plan, the Zoning Ordinance, and other applicable regulations and policies of the county.  The previous development history of the property will also be reviewed and be an important consideration in the evaluation of the zoning application. 

The staff coordinator will work with other county agencies involved in the zoning process, including other divisions within the Department of Planning and Zoning, the county's Department of Transportation, Park Authority, Fire and Rescue, Schools, the Department of Public Works and Environmental Services, and the Virginia Department of Transportation, among others.  The comments and suggestions from these agencies will provide direction to the applicant to revise or alter the plan based on concerns. 

Also, during this time, the developer will meet with various citizens and homeowners' organizations to discuss the proposed project, answer questions, review plans and architectural renderings, and seek feedback.  In Lee District, in addition to local homeowner associations, one of the important avenues for citizen involvement in a case is the Lee District Land Use Committee (the "Committee") comprised of representatives from neighborhoods all over the district, who usually meet several times with the developer/applicant, first on an informational basis and then again as the application moves through the county review process and becomes more detailed.  Most of the members of this Committee have participated in the land use process for many years and are experienced with the County process including the County Staff Reports and other related development issues not only within Lee District but throughout Fairfax County.  Ultimately, the Committee will vote on whether to support or reject the project. 

Following this extensive review of the application, which will likely last six to seven months, the staff coordinator will compile the agency comments and information on the resolution of the zoning issues and draft a thorough report outlining the issues and a recommendation, whether the application should be approved, approved after additional modifications and commitments, or denied.  Once published and distributed to the Planning Commission, the staff reports for zoning applications are posted on the county's Web site.  Go to http://ldsnet.fairfaxcounty.gov/ldsnet/ and enter the application number for the case you are interested in.  Application numbers can be found on the notices that are mailed out, on the boards that are posted at the property before each public hearing, or by calling the Zoning Evaluation Division at 703-324-1290. 

Two weeks after the staff report is released, a public hearing is held before the Planning Commission.  At this time nearby residents or businesses have the opportunity to speak in favor of the application or express concerns with the proposal.  Following the public hearing, the Planning Commission votes to recommend support or denial to the Board of Supervisors. 

Approximately four weeks after the Planning Commission public hearing, an additional televised public hearing is held before the Board of Supervisors.  Again, comments are heard from nearby concerned residents or property owners.  Following the public hearing before the Board, and upon the motion of the Lee District Supervisor, the Board votes to either approve, deny, or defer the application.  Once approved, the approved zoning case will govern how the property may be developed, including the plans and other commitments embodied in development conditions and/or proffers.  All subsequent approvals on the site must be in substantial conformance with the approved zoning application.  Since the entire process from start to finish may take up to 12 to 14 months to complete, applicants are reluctant to make changes to an approved zoning case, even though such changes may be approved by going through this same process again. 

Sources of Additional Information

The county's Web site includes information about the review process for a zoning application, including time lines and application requirements.  The county Web site is listed here for your reference:  www.fairfaxcounty.gov.  The Zoning Ordinance can be found at www.fairfaxcounty.gov.  A good place to start any research about land use and development in Fairfax County is by looking under the heading "Subject Areas" on the county's homepage and clicking on the link titled "Land Use and Development."  All of the sites listed here can be reached by links found on this page.  This page also provides links to information about other land use issues in the county, such as transportation, zoning complaints, and major land use studies in the county, as well as other aspects of the development process in the county, such as engineering plans like site and subdivision plans.  Telephone contact information for the Department of Planning and Zoning is available at www.fairfaxcounty.gov.  Documents such as the Plan, the Zoning Ordinance, and staff reports are also available at regional libraries in the county or at the offices of the Department of Planning and Zoning.