Background: Mr. Chairman, BE Tysons LLC (the “Applicant”) has filed a Rezoning, Conceptual Development Plan, and Final Development Plan (the “Applications”) for approximately 10.93847 acres of land in the Spring Hill Transit Station Area to permit multiple phases of future residential and retail/commercial development.

The Property is located on parcel 29-3 ((1)) 2L. As part of the Applications, the Applicant proposes to incorporate a portion of the existing Spring Hill Road cul de sac, located at the western terminus of Spring Hill Road into the application property. The Applicant has been in discussions with the Fairfax County Department of Transportation regarding the feasibility of a request to vacate that portion of right-of-way. FCDOT recommends that such a request be processed concurrently with the rezoning application.

Motion: Therefore, Mr. Chairman, I move that the Board of Supervisors:

• Consent to the inclusion of approximately 0.13-acres of right-of-way adjacent to 1593 and 1595 Spring Hill Road to be included in a rezoning application submitted by BE Tysons LLC.; and
• Authorize the County Executive and/or his designees to act as agent of the Board in conjunction with this application.

The inclusion of these rights-of-way in the rezoning application in no way relieves the applicant of the requirement to process a vacation request or to comply with all applicable standards of the Zoning Ordinance. In addition, this consent does not imply County support for this application, does not dictate to staff that the rezoning application should be approved, nor should it prejudice staff’s review of this application.