Planning & Zoning in the Lee Highway Corridor By: Jon Kinney, Esq.

Covered today: The relationship between planning and zoning. The current state of planning and zoning on Lee Highway. The future of re-planning and rezoning Lee Highway.

Planning and Zoning Three elements control Arlington’s land use process: The Comprehensive Plan (the General Land Use Plan, or “GLUP” in Arlingtonese); The Zoning Ordinance; and The Dillion Rule. The GLUP, the Zoning Ordinance, and the Dillon Rule work together to guide the County’s land use decisions and hopefully provide certainty.

How the GLUP, Zoning Ordinance and the Dillon Rule Work Together The GLUP establishes the County’s long-range, general land use policy; The Zoning Ordinance defines legal rights and constraints consistent (or inconsistent) with the GLUP; The Dillon Rule limits the scope of Arlington’s zoning authority to what is conferred expressly by the General Assembly or by necessary implication to the authority conferred by the General Assembly.

The GLUP Every locality is required to establish a comprehensive plan for the “physical development of the territory within the locality’s jurisdiction.” Virginia Code § 15.2-2223. The plan must provide “a guideline for future development and systematic change, reached after consultation with experts and the public.” Town of Jonesville v. Powell Valley Limited Partnership. The GLUP is a long-range policy document that guides decision-making by the County, the community, and landowners. Arlington has special study areas (Rosslyn, Ballston, Crystal City, etc) that are closely studied and analyzed to help guide future development in those areas.

GLUP Implementation The following mechanisms help implement the GLUP and ensure that future development conforms to the County’s development policy and goals: GLUP Amendment; Rezoning; Use Permit; 4.1 Site Plan; and Subdivision Ordinance

Lee Highway Visioning Study

Lee Highway and the GLUP Most of Lee Highway is designated in the GLUP for low residential (yellow), medium residential (orange), and service commercial (pink). Some of these areas and designations will likely change as a result of the County’s upcoming planning efforts on Lee Highway.

The Zoning Ordinance The Zoning Ordinance regulates use, size and coverage of lots, height, bulk and siting of buildings, parking requirements, and density of development for each parcel of land. Properties are generally zoned in conformance with the GLUP. Properties located closest to Lee Highway are generally allowed more density under the Zoning Ordinance (C-1, C-2, and RA) while properties further away from Lee Highway are generally zoned single family residential (R-6). When the GLUP and the Zoning Ordinance conflict, the Zoning Ordinance controls.

When the GLUP And The Zoning Ordinance Are Not Aligned Buck Property

Aligning the GLUP and the Zoning Ordinance Through Site Plan Colony House

Colony House 4.1 Site Plan Project Included a GLUP Amendment changing the GLUP designation from “Low-Medium” Residential to “Low” Office-Apartment-Hotel. Included a rezoning from "C-2" Service Commercial-Community Business Districts to "C-O-1.5" Commercial Office Building, Hotel and Apartment Districts

What the Planning and Zoning Process Do Produce a roadmap to guide future development in Arlington and the tools to implement it; Establish an open line of dialogue between the County, the community, and landowners; Hopefully provide certainty for residents, businesses, and property owners.

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