LEGAL CHALLENGE FILED TO CONTROVERSIAL MISSING MIDDLE HOUSING ZONING ORDINANCE
On April 21, 2023 a group of Arlington residents filed suit in Arlington Circuit challenging the legality of Arlington County’s actions and process regarding its Missing Middle Housing zoning ordinance (now called Expanded Housing Options – EHO). For more information please see the press release from Neighbors for Neighborhoods.
* AFUT is not a party to this lawsuit, nor has it contributed funding to the lawsuit.
For those interested in more information about this, please contact Neighbors for Neighborhoods at: arlnfnllc@gmail.com.
To stay up to date on Missing Middle Housong zoning ordinance developments, sign up for AFUT Action Alerts here or email AFUT.upzoningtransparency@gmail.com.
NEIGHBORS FOR NEIGHBORHOODS
FOR IMMEDIATE RELEASE
April 21, 2023
ARLINGTON RESIDENTS ASK COURT TO DECLARE EXPANDED HOUSING OPTIONS ZONING ORDINANCE VOID AND TO ENJOIN ISSUANCE OF EHO PERMITS
Arlington County residents have told the County Board for months that it should not adopt its Missing Middle Housing zoning ordinance (now called Expanded Housing Options – EHO) because it had not properly studied the impact of increased density on single-family residential lots, upending 50 years of successful land use policy.
On April 21, a group of Arlington residents filed suit in Arlington Circuit Court alleging that this failure isn’t just bad planning, it is illegal. State law requires that zoning ordinances consider needs for transportation, schools, parks, recreation, and public spaces, as well as the conservation of natural resources.
The law also requires consideration of a locality’s comprehensive plan, which addresses stormwater, sanitary sewer, water distribution and more. Instead, Arlington County rushed through its plan to allow up to 6-unit multi-family buildings on residential lots throughout Arlington, without considering these factors.
The lawsuit also claims that the EHO is arbitrary and capricious and bears no reasonable relationship to public health, safety, morals or the general welfare, as required by state law. It notes that while the Board initially touted its plan as creating family-sized, affordable housing units with opportunities for home ownership – which are much needed in Arlington – EHO not only fails to deliver on that promise, but also will exacerbate gentrification, incentivizing units that are not affordable.
Additional counts in the lawsuit allege that the zoning amendment process was not initiated by a proper Planning Commission motion or County Board resolution; that the zoning amendment was not properly advertised; that the EHO cap is a special exception to the zoning regulations and requires County Board review of applications; and that the County Board failed to share with the public documents that were furnished to it about EHO – all contrary to State law.
In the 7th and final count, the residents filing suit state that the County Board knowingly included in EHO a requirement for a number of shade trees that exceeds that which State law allows a locality to impose.
The residents ask the Arlington Circuit Court to declare that the EHO zoning amendments are void in violation of State law and to enjoin the County from issuing EHO permits.