Circuit Court Judge David S. Schell, who is also set to rule on Alexandria’s Zoning for Housing/Housing for All litigation, overturned neighboring Arlington’s Missing Middle zoning changes today.
The Missing Middle and Zoning for Housing reforms were both substantial zoning reforms that, among other changes, eliminated single-family-only zoning. As a group of Alexandrians have been filing suit against the City, locals have been watching the Arlington case as a weather vane.
ARLnow reported that Schell ruled against Arlington County on four counts, finding that the county failed to adequately consider localized impacts, failed to follow proper procedure and violated state tree canopy requirements when adopting the amendments.
The Alexandria lawsuit alleges that Zoning for Housing changes will “adversely reconfigure the neighborhood, diminish quality of life and happiness, cause sewage issues, increase taxes, overcrowd schools, increase traffic, increase noise, diminish green and open space, create parking issues, create density, increase gentrification, and burden first responders the neighborhood relies on.”
The strain of additional housing on stormwater and sewage infrastructure was also cited directly by Schell in his Arlington ruling.
Will Shen, a board member for the anti-Zoning for Housing group The Coalition for a Livable Alexandria, said the Arlington ruling was an “excellent sign” for the Alexandria case.
“Judge Schell’s ruling is an excellent sign for the prospects of the case against Alexandria’s Zoning for Housing,” Shen. It also shows how citizens can stop rushed and poorly thought out zoning changes that will do harm to their community.”
“We think it was the right decision,” said Roy Byrd, co-founder of The Coalition for a Livable Alexandria. “We also believe the lawsuit against Alexandria ZFH is stronger. City Council could make this right by restoring SFZ and then having a real conversation with residents on what might be achievable. The question has always revolved around Council’s failure to listen and represent the different perspectives of residents. However, the current Council does not seem interested in doing the work of compromise and consensus building. Isn’t that the basis of having an at large Council?”
Supporters of the Zoning for Housing reforms said if they’re overturned, the City of Alexandria should re-pass the reforms similar to how Fairfax County re-approved its zMod zoning overhaul after it was voided by the Virginia Supreme Court.
“Alexandrians have elected pro-housing Councils for years, and I’m confident they’ll do so again in November,” said Alex Goyette, Alexandria lead for the group YIMBYs of Nova. “If Zoning for Housing is overturned on similar procedural grounds, the city should follow whatever procedures it needs to for Council re-pass the reforms, then move on to expanding them in Phase 2.”
“We fight on,” said the group’s founder emeritus Luca Gattoni-Celli.
