On a rainy Friday morning, an Arlington Circuit Court judge overturned a sweeping zoning change years in the making.
The ruling late last week sent a shockwave through the county, disrupting numerous planned developments and calling into question how the county government sets policies. “Missing Middle” opponents celebrated while supporters and at least one County Board member called for an appeal.
More from our reporting:
Judge David Schell ruled against the county on four counts this morning (Friday), 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.
As of today, the county cannot lawfully issue any more permits under the Expanded Housing Option, which allowed for the construction of up to six-unit buildings on properties that were previously zoned for only single-family homes. […]
In a ruling read aloud from the bench, Schell referenced testimony from witnesses about possible wastewater backups and overflows that might result from the strain additional housing could place on stormwater and sewage infrastructure.
Although a county expert testified that Arlington does, in fact, have sufficient infrastructure to support anticipated growth, the judge found “no evidence presented that the county considered likely overflows” and other localized impacts.
All things considered, and putting aside your personal feelings about the zoning changes, do you agree with the ruling?
