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FOR IMMEDIATE RELEASE: September 6, 2024
Arlingtonians for Upzoning Transparency (AFUT) calls on the Arlington County Board to review Expanded Housing Options (EHO) zoning after evidence at the EHO trial and EHO-permit approvals undercut the County’s assumptions about increasing density.
The judge’s ruling is expected this month following the July trial on the 6-count complaint against the County Board alleging that it violated the law in adopting EHO zoning. In addition, the County Manager has stated that he will present the Board 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
