County Plans Rezoning to Allow Ten-Story Buildings Adjacent to Neighborhoods

Coming this Saturday morning, January 27th, shortly after the 9am opening, the County Board will consider a zoning change that is a rather dramatic repudiation of neighborhood-friendly height limits that they have stood for.  The proposed zoning change appears to demonstrate that the County Board is ready to assume the authority to go as high as a developer might want up to 110, or even 125 feet no matter how close to homes.

The intention at the County Board meeting on Saturday is to adopt a resolution authorizing advertisement of public hearings by the Planning Commission on February 12, and the County Board on February 24, prior to their voting on the proposed upzoning.  It is very important that we have a strong showing opposition to this proposal.

What is the purpose of this change in the zoning Clarendon?  The immediate result is that it will clear the way for the Clarendon Views project (mixed luxury and affordable apartment units) at the site of First Baptist Church of Clarendon.  If constructed, this project will represent the most expensive affordable housing per square foot ever in Arlington County.  The Baptist Church site at the intersection of Highland and Hartford Streets in Lyon Village facing Clarendon metro is, in fact a good location for affordable housing.  It is not however, a good location for violation of the current zoning regulations which restrict the maximum height on this site to 55 feet.  The proposed building would be approximately 110 feet, or ten-stories.

Late last year, neighbors in Clarendon won their court case in the Supreme Court of Virginia against the County Board and the First Baptist Church of Clarendon.  The decision was a powerful one in which the highest court in Virginia unanimously held that the County cannot do whatever it wants in zoning matters.  It was a decision that should benefit Clarendon and other Arlington neighborhoods for many years to come at times when we need to make sure that the County follows its own zoning and land use laws.  Already, the County is ready to begin this fight all over again in an attempt to override the Supreme Court decision.

After the decision by the Supreme Court the County apologized neither to the neighbors nor to the community for breaking the law.  In fact, the community was kept completely in the dark as to the County’s plans.  Only last week was it learned that the County was making this maneuver at this Saturday’s County Board meeting to push this ill conceived project through.  Although the Supreme Court unanimously held that the County acted “arbitrarily” (defined in American Heritage Dictionary as “based on whim or impulse, not on reason or law” and “using or based on absolute or dictatorial powers”), our county officials have clearly  indicated that they will nonetheless pursue this expensive and wasteful  course.

It is worth noting the County not only spent our own tax dollars arguing positions against our Clarendon neighbors (that were unanimously rejected by the Supreme Court), but also raised arguments designed simply to try to exhaust the neighbors’ resources.  Apparently, they even spent our tax dollars paying for some of the Church’s legal expenses!

The County needs affordable housing.  About that, there can be no argument.  The course the County is pursuing at Saturday’s Board meeting is just wrong.  There are far better means in which to spend our affordable housing dollars, and without violating the zoning laws meant to protect Arlington’s neighborhoods.