Sept 27, 2024 JUDGE SCHELL DECLARES EHO ZONING VOID; ISSUED PERMITS VOID, COUNTY TO STOP ISSUING PERMITS
Eighteen months after Arlington residents filed a complaint against the Arlington County Board to have EHO (formerly called Missing Middle Housing) zoning declared void because it violates Virginia law, today Judge David Schell agreed. He ruled from the bench in favor of the Plaintiffs on 4 of the 6 counts in the complaint and declared that EHO zoning is void. To Learn More Read NFN’s Press Release HERE
Sept 26, 2024 – (1) AFUT Requests In Letter to County Board Review of EHO with Community Engagement Given Lawsuit Revelation of Evidence Undercutting County Assumptions on EHO; (2) How we got here? including EHO overview podcast.
(1) AFUT Requests In Letter to County Board Review of EHO with Community Engagement Given Lawsuit Revelation of Evidence Undercutting County Assumptions on EHO
In addition to the imminent judge’s ruling following the July trial on the 6-count complaint against the County Board alleging that it violated the law in adopting EHO zoning, the County Manager will present the Board in October with a report this fall regarding the first year of EHO implementation.
On September 5, AFUT issued a written request (here) that the County Board conduct a thorough review of EHO zoning. AFUT cited evidence introduced at trial and data about EHO-permit applications/approvals that are in conflict with the Board’s foundational assumptions upon which it adopted EHO zoning, including:
EHO Development v. New Single-Family Dwellings:
· County Board Assumption: EHO multi-family buildings are preferred to large single-family dwellings because they will house more people, provide more 3-4 bedroom units needed for families, and be similar in size to large single-family houses.
· Background: The County’s July 2020 report as part of the Missing Middle Housing Study lamented the number of single-family homes torn down in the previous decade and replaced with much larger single-family homes: “The average size of houses torn down was 1,515 square feet with three bedrooms. The houses that replaced these homes averaged 4,750 square feet – more than three times the size of the original house. These houses had an average sales price of $1.7 million.”
· Implementation – size: An AFUT analysis of EHO permit approvals shows that small family-sized houses are to be torn down to be replaced with multi-family buildings that are much larger than the original house – and much larger than the 4,750 square foot houses of concern in 2020. The average size of houses to be torn down for EHO development is 1,738 square feet (many with three bedrooms) and the EHO houses to replace them will have an average of 6,634 square feet, with the largest at 13,560 square feet.
· Implementation – affordability: Many single-family homes assessed at under $1 million are to be torn down and replaced with EHO townhouses priced at $1.3 million or more and other EHO units likely not affordable for first-time homebuyers, teachers, or public safety workers.
Location of Development:
· County Board Assumption: EHO buildings will be dispersed across Arlington.
· Trial Evidence: Staff did not consider the possibility of EHO development being concentrated in certain areas.
· Implementation: Of the 42 permit approvals to date, 93% are for lots in R-5 and R-6 zoning districts and 7% are for lots in R-10 zoning districts (none have been approved in R-8 or R-20 zoning districts).
· Implementation: Multi-family buildings are being clustered, increasing the likely impact on infrastructure, such as the two side-by-side 6-plexes approved on S. 7th Street.
· Implementation: R-5 EHO permits are not available as of September, when the cap of 7 EHO permits per calendar year in R-5 zoning districts was met.
Concerns about Stormwater Management:
· Assumption: Stormwater management will not be a problem.
· Trial Evidence: A County staff member reported to others that EHO development would be “devastating” on the County’s stormwater conveyance system.
· Implementation: Because many if not most of EHO permit approvals are maximizing lot coverage (therefore having more impermeable surface than large single-family homes), the staff prediction that EHO will have a “devastating” effect on stormwater management may prove true.
Pace of Development:
· County Board Assumption: 20% (19-21 lots) of EHO-eligible lots per year would be developed as EHO multi-family buildings.
· Trial Evidence: Up to 50% of EHO-eligible lots per year would be developed as EHO multi-family buildings. This 50% estimate was not included in the final report of the County’s only EHO consultant, PES, after staff said that there would be concerns about that pace of development. Instead, the 20% estimate was presented to the County Board and public.
· Implementation: 43 EHO applications in the first year of EHO implementation (July 1, 2023-June 30, 2024).
David Gerk, who signed the letter to the County Board on behalf of AFUT, stated: “It is particularly important for the County Board to conduct a thoughtful, detailed, transparent evaluation of EHO given that many of its basic assumptions about EHO development are incorrect. Engaging the community in this process is critical, especially since it was County staff that provided information to the Board and the public during adoption of EHO that is in conflict with evidence introduced at trial and with how EHO is actually playing out in Arlington.”
With regard to the lawsuit brought by Arlington homeowners, Mr. Gerk commented: “This community owes a debt of gratitude to the plaintiffs, to those who donated to help fund the litigation, and to Neighbors for Neighborhoods, LLC, which has organized the fundraising campaign. Without them, the truth about EHO zoning would not have come to light. The plaintiffs have battled the County Attorney and her staff and the outside law firm the County hired that has billed more than $1 million to defend EHO zoning.”
Neighbors for Neighborhoods, LLC continues to raise funds for the legal fees incurred to bring this case: https://www.gofundme.com/f/suit-re-end-of-singlefamily-zoning-in-arlington
AFUT is not a party to the lawsuit.
Media Contact:
AFUT.upzoningtransparency@gmail.com
HOW WE GOT HERE?
For a 30 minute primer on the latest with MMH/EHO, the lawsuit, and Arlington’s future see a recent podcast with AFUT’s David Gerk and Peter Firehock, kindly hosted by the Keri Shull Team.
On March 22, 2023, the Arlington County Board, ignoring strong community concerns, voted to pass the most sweeping zoning Amendments in a half century in Arlington Virginia, ending single family neighborhood zoning county wide. Further, the EHO amendment enacted were vastly different from, and in direct conflict to, what the Board promised residents. The newly enacted EHO went into effect on July 1, 2023, and to date the EHO has brought everything AFUT promised.
Arlingtonians for Upzoning Transparency (AFUT) believes the many concerns it and many others raised that formed the basis for its opposition to the MMH/EHO proposals were ignored by the County are now coming to fruition. And unfortunately, in many ways it is even worse than expected.
We now have real results from EHO and as predicted the most affordable single-family homes in Arlington are being purchased and flipped for small more expensive high-end multi-unit dwellings, many expected to be near or well over 1 million dollars. Many trees are being clear cut, while density, water run-off and congestion increase – not as a trade-off for affordable housing – but simply for density’s sake, and developer profits.
The time has never been better for you to get involved or to take your engagement in raising concerns re EHO to the next level.
Please see below for more information and consider signing up to receive updates from AFUT on EHO via email.
Legal Challenge to EHO:
On April 21, 2023 ten Arlington homeowners filed a suit challenging the legality of the EHO amendments. The Court ruled October 19 the plaintiffs have standing and trial was held in July. A decision is imminent. For more information or to support the litigation see the AFUT litigation page here or go directly to the Neighbors for Neighborhoods site here.
EHO Watch:
AFUT is closely monitoring EHO permits and so should you, particularly if you live in a single family neighborhoods. To see the latest on what and where EHO permits have been approved go to the AFUT MMH/EHO Watch here.
Board of Zoning Appeals:
Homeowners in neighborhoods where properties have sought and received EHO application approvals for upzoning are filing Board of Zoning Appeals (BZA) challenging the approval. Learn more here.
Take Action:
Every day Arlington residents are taking action to oppose, voice concerns or challenge the flawed and illegal EHO zoning amendment recently instituted. Now is the perfect time for you to get involved – while you can still have an impact here.
More Information:
For additional resources on MMH/EHO and related issues, publications, analysis and studies, and an archives of AFUT press releases and e-blasts see here.
About Arlingtonians for Upzoning Transparency (AFUT):
AFUT is a group of Arlington residents from across the County who advocate for transparency and meaningful community engagement in the County’s unrelenting upzoning efforts. Learn more here.