The legal limbo of Arlington’s Missing Middle policy could impact other planned housing initiatives.
Members of the county government’s Housing Commission on Nov. 7 were briefed by county staff on new proposals to address housing affordability and to diversify the county’s housing stock.
Missing Middle construction projects that halted after a court decision last month received permission to move forward today.
Despite declaring Arlington’s Expanded Housing Options unlawful and preventing the county from issuing any more EHO permits last month — a decision the county now intends to appeal — Circuit Court Judge David Schell presented a path forward for some developers Friday morning.
Elected leaders and other stakeholders from Montgomery County, Md. were in Arlington last week to tour examples of “missing middle” housing.
The tour did not include any construction projects started under Arlington’s Expanded Housing Options, which a judge overturned last month, putting the completion of such projects in doubt. Instead, it focused on the look, feel and impact of two other examples of housing densification in South Arlington.
Arlington’s elected leadership is not saying much about the future of the county’s Missing Middle policy — at least not from the dais.
Pressed to make some comment on what will happen with the residential zoning change — known alternately as Expanded Housing Options (EHO) — County Board members on Saturday (Oct. 19) opted to stay mum.
Late last month a judge overturned Arlington’s “Missing Middle” zoning changes, also known as the Expanded Housing Option.
This month, a new Mike Mount cartoon takes a look at how the fallout from such a decision might affect another unique locale.
Last week’s court decision to overturn Missing Middle zoning changes freezes progress on dozens of projects around Arlington, county staff confirmed.
Following the ruling in Arlington Circuit Court, “the County must void all [Expanded Housing Option] permits and halt all review processes related to EHO development,” county spokesperson Ryan Hudson told ARLnow.
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?
A circuit court judge has overturned Arlington’s Missing Middle zoning changes.
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.
Controversy is heating up around a proposed six-unit development near the East Falls Church Metro station.
The Board of Zoning Appeals (BZA) is scheduled to vote tomorrow (Wednesday) on whether to uphold a decision to approve an Expanded Housing Option permit for the property, located at 2315 N. Tuckahoe Street.
Early voting on national, regional and local candidates and issues begins this week in Arlington.
In addition to the presidential election, Arlington residents will vote on races for Arlington County Board, Arlington School Board, U.S. Congress and U.S. Senate, as well as bond referenda and a proposed Constitutional amendment.
A county expert asserted that Arlington’s sewage systems are well equipped for expected growth as the Missing Middle civil trial neared its conclusion today (Monday).
Jon Lawler, chief support engineer at Arlington County Water Sewer Streets, pushed back against previous testimony from a plaintiff’s witness, who argued that an influx of additional housing units could cause backups in individual sewer systems.
Arguments about the way Arlington approved Missing Middle have taken center stage this week in the civil trial over last year’s hotly contested zoning amendments.
Testimony on behalf of the plaintiffs concluded yesterday (Wednesday) as attorneys continue to argue that Missing Middle zoning changes should be invalidated because they say the county improperly advertised the changes and failed to adequately study them, among other allegations.
