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Roanoke City Council is back at it trying to destroy established, suburban neighborhoods.

Roanoke Kills Neighborhoods


Roanoke has ended exclusively single-family zoning — period.


City Council on Monday voted 6-1 to readopt essentially the same package of zoning reforms approved in March that make it easier to build duplexes, triplexes and small apartment buildings throughout Roanoke’s residential neighborhoods.

Council made the “redo” after a lawsuit from homeowners challenged how the city gave public notice about the proposal. City officials said it would be easier to vote on the issue again rather than argue in court that the first vote was proper.


City planners say the elimination of single-family-only zoning will reduce racial and economic inequities while also increasing Roanoke’s housing stock by encouraging more development.


“We’ve got to think forward,” Mayor Sherman Lea said. “I don’t want Roanoke to go back.”


The mayor, nodding to colleagues’ description of single-family zoning’s segregationist history, noted, “I grew up in that environment.”


The issue has galvanized residents and become a campaign issue in this fall’s municipal elections. On Monday night, 17 residents spoke in support of the zoning changes, with 16 residents in opposition.


For the most part, local developers, young professionals and housing advocates spoke in favor of the reforms. Mostly older homeowners and local Republican candidates spoke against the reforms.


In an odd twist, the outcome of Monday’s vote would have been the same regardless of how Council voted. The city made clear that the reforms approved in March have remained in effect, so the update merely served to tweak the proposal.

In another hiccup, the city’s planning commission, which had previously approved the reforms, reversed itself last month, recommending that Council not approve the latest version.

Robert Brown, an emergency room physician, told Council he moved to Roanoke in 2010 to be among the first class of the Virginia Tech Carilion medical school.

“I can think of no greater welcome than what you passed in March, a chance to live here,” Brown said, describing his initial difficulty in finding affordable lodging. “Contrary to my dapper appearance, I am not a 1920s railroad baron.”

William Hackworth, a former city attorney who is among the homeowners suing the city over the reforms, told Council the zoning changes carry too many unknowns.


“You’re throwing too much at our neighborhoods all at once,” Hackworth said, citing concerns about by-right land uses, increased density and parking congestion.


City planners estimate the reforms will lead to between 15 and 40 new residences a year. The changes harken back to the city’s comprehensive plan, which found residents want more options for seniors and young people to live in the city.


The zoning code allows developers to build up to four-unit apartments on interior lots and up to eight units on corner lots in parts of Roanoke’s more dense neighborhoods, including Gainsboro, Old Southwest, Raleigh Court, Wasena and Southeast Roanoke.


Housing in places such as Garden City, Loudon-Melrose and Melrose-Rugby would be maxed out at four to six units on corner lots and duplexes and triplexes on inside lots. In most of South Roanoke and Deyerle, duplexes and triplexes on corner lots would be the exception to the single-family home norm.


While opponents pointed to studies showing similar reforms have not led to a marked decrease in housing costs, supporters emphasized the exclusionary roots of single-family-only zoning.


Councilman Peter Volosin noted that in 1997, when he was in grade school, Roanoke was named the most segregated city in Virginia.

“I won't mention the mayor who was running things, but he might be in this room,” Volosin said.


“Yeah, I’m here. I’m here,” former mayor David Bowers, who is running for mayor, chimed in from the audience.


Councilwoman Stephanie Moon Reynolds, the lone vote in opposition to the reforms, said she would stick by her earlier vote.

“I am a strong believer in voices heard, voices matter,” she said, noting reservations because of similar reforms’ efficacy and the planning commission’s reversal. She also expressed concern moving forward because of Roanoke’s lack of a permanent city manager.


“I cannot just comprehend the fact that you're going to have a manager to come in when you get both sides, hearing mixed emotions, mixed feelings here, and they are having to deal with that,” Moon Reynolds said.


Councilman Bev Fitzpatrick — who is filling the unexpired term of Luke Priddy, who voted against the reforms in March — said the emotion of residents who have called him in opposition is deeper than what Council heard Monday night.

“It has racial overtones,” he said.


Fitzpatrick said everyone wants to protect the value of their home, but noted multi-family housing already exists in every quadrant of Roanoke.


“Most of all, I'm embarrassed, because I spent 12 years, plus, on this Council and I did not realize we had segregationist zoning,” Fitzpatrick said. “I apologize because I never saw it that way. … I’m embarrassed to think we’ve let it go as long and as far as it’s gone.”

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Is this your idea of an established, suburban neighborhood?

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Circuit judge strikes down Arlington’s ‘missing middle’ housing plan

The Northern Virginia county, which had eliminated single-family-only zoning, is expected to appeal the ruling.


"Missing middle" housing is a term that refers to small multiunit residential buildings like townhouses, duplexes and garden apartments.It covers a range of housing types that fit into the “middle” between detached single-family houses and high-rise apartment buildings, in terms of scale, form and number of units.

Arlington-Missing Middle



An Arlington County circuit court judge Friday struck down a county policy that eliminated single-family-only zoning in the Northern Virginia suburb, saying officials did not adequately study the potential impacts of allowing townhouses and small condo buildings in areas not initially planned for them.

The ruling marks a legal victory for the homeowners who had opposed this push for more “missing middle” housing, a range of homes that contain more units than single-family houses but are smaller than high-rise apartment buildings.The effort — a symbolically and politically weighty one — had fiercely divided the community across the Potomac River from D.C.

Homeowners who opposed the plan said it would destroy the qualities that had first attracted them to their quiet neighborhoods, while the urbanist and racial justice groups who backed local lawmakers’ efforts argued that it would diversify those areas and create more housing options in this expensive community.

Marcia Nordgren, who sued the county over the policy along with eight other Arlington homeowners — most who testified against the zoning change during a week-long trial in July —said her lawsuit was about “following the law and following the right procedures.”

Judge David S. Schell’s ruling, she said,“shows the county can’t pull the wool over the eyes of its own residents and act as if we’re not going to stand up.”


But the ruling is probably not the end of the fight: Arlington is expected to appeal to higher courts, further extending a years-long battle that mirrors one playing out in cities and states around the countryover what suburban neighborhoods should look like.


“Arlington County is disappointed in the judge’s ruling today,” David Barrera, a spokesman for the county board, said in a statement. “The County Board remains committed to ensuring Arlington has housing options that meet our community’s diverse and growing needs.”

Schell ordered the county to stop issuing permits for “missing middle” developments that were allowed under the zoning change, though the exact details of his order and how they might apply to the county were unclear. Barrera said county board members were determining “proper next steps” to adhere to the ruling and would be “exploring potential options moving forward, including appeal.”


The Rev. Ashley Goff, a leader of Virginians Organized for Interfaith Community Engagement, which advocated for the zoning change, said she was disappointed that a judge had voided a tool meant to help young families and seniors looking to downsize, as well as other groups not well served by the housing market.

“This decision represents a textbook example of why we have the housing crisis we do,” said Goff, a pastor at Arlington Presbyterian Church. “It is a shame that a few wealthy and well-connected owners of single-family detached homes can derail a democratic process that was years in the making.”

The Arlington County Board’s unanimous vote last year on “Expanded Housing Options” (EHO) made it easier to build residential buildings with up to four — and, in most cases, six — apartments in areas that had for decades been set aside for one house with a yard on each lot. The plan made Arlington the first locality in the D.C. region — and much of the East Coast — to loosen its zoning rules for more of this missing middle housing, a contested idea that has nonetheless been adopted by at least 20 localities and five states.

Lawmakers framed their effort as one that would reverse zoning rules initially meant to keep out low-income residents and people of color, and open up a tight real estate market just a few miles of downtown D.C.(The median home price in Arlington was $718,000 last month, more than 1.5 times the national figure.)


But homeowners fighting the effort warned that it would overwhelm or even destroy their neighborhoods, clogging up their streets and storm drains and removing tree canopy.


Schell, a retired Fairfax County judge who was appointed to hear the case, said those concerns — in particular, the influx of additional sewage from more units — were serious enough that they needed to be studied ahead of time.


“The board failed to consider the localized impact of EHO developments in the neighborhoods where it would be built,” Schell told a packed courtroom Friday morning. The plaintiffs and their supporters responded to his ruling with cheers.


The lawsuit ispart of a national wave of litigation against efforts to allow more “missing middle” housing. Similar policies in Minneapolis and Montana were put on hold by judges over the past year over complaints about environmental impacts and property rights, respectively, though higher courts have since lifted those injunctions.


Another lawsuit is underway in nearby Alexandria — a case that Schell is also overseeing — while yet another is before a judge in Charlottesville. (Schell was appointed to oversee both Northern Virginia cases after all local circuit court judges recused themselves.) And a judge in California has stopped a state law from taking effect in five cities near Los Angeles that sued the state government.

In the Arlington case, many of the plaintiffs took the stand during a week-long trial held in July to describe how the missing middle effort would affect their property. They arguedthat the county had not properly studied the potential impacts or followed the policies and procedures required by Virginia state code.


The plaintiffs “all share a deep concern for preserving the character and functionality of the place they call home [and] see through this flaky veneer to what the EHO Amendment really is: a wholesale violation of the Board’s enabling authority,” their lawyers wrote in a post-trial brief.


Nordgren, who bought a $1.5 million Cape Cod about two decades ago, described how she initially thought the county’s amendment to its zoning ordinancewouldsensitivelyintroduce affordable housing to her quiet, leafy neighborhood.But after she dug into property records, Nordgren said, she came to learn it meant many of her neighbors could replace their houses with small apartment buildings. None of them have taken advantage of that ability.


Lawyers representing the county cast the plaintiffs — many of whom purchased their single-family houses in the wealthier, northern half of the county decades ago — as an obstacle to dealing with skyrocketing housing costs in the area.

Ryan J. Starks, a lawyer representing Arlington, asked each plaintiff on the witness stand the same question: Could they afford to purchase a home in Arlingtontoday? Missing middle, he said, was meant to ensure the same opportunity those plaintiffs had been able to take would exist for others now.


The case also posed questions over whether the homeowners are able to sue over the potential impact of a policy — a point that Arlington County tried to emphasize in the lawsuit.


The plaintiffs, county lawyers said in a post-trial brief, were trying to “tie-up a local government in litigation in an attempt to have the Court overturn legislative decisions by a locality’s elected officials.” “It is well established that Virginia courts should not make policy judgments — precisely what the Plaintiffs ask the Court to do.”


Schell did not directly address this matter in his ruling Friday.


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Conversations With The City

Roanoke City Council Sued By Citizens - Twice


The Roanoke City Council has found out that the elimination of single family zoning in established, suburban neighborhoods is a good way to get sued. After passing new laws that allow for duplexes and other multi-family housing to be built in single family zoned neighborhoods, citizens had enough and sued the Roanoke City Council, twice.

The message: Do not try your new housing ideas on established, suburban neighborhoods.

https://roanoke.com/news/local/government-politics/roanoke-city-council-faces-second-zoning-related-lawsuit/article_25d89e96-5a77-11ef-afa2-a756683940d8.html

https://www.roanokerambler.com/roanoke-homeowners-sue-city-over-zoning-reforms-that-end-single-family-only-housing-neighborhoods/

https://www.roanokerambler.com/roanoke-to-repeal-replace-zoning-reforms-after-lawsuit-single-family-housing/

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Conversations With The City

The "Missing Middle"
Expanded Housing Opportunities (EHO)


Some folks across the country are pushing the idea that anyone should be able to live anywhere they want, even if they cannot afford it. Enter Expanded Housing Opportunities (EHO) the latest assault on single-family zoning and established, suburban neighborhoods. On a quest to make every neighborhood a "blended" neighborhood of home types from single family through sixplexes and full multi-family apartments, there is a a push in some areas of the state to eliminate single-family zoning.

What does this mean for you? If your Council should pass an Ordinance eliminating this class of zoning, then your neighbor could sell their home to a developer who could demolish it and build an apartment complex next door to your home. While the thoughts behind such an idea are admirable, the practical application calls for this to be done only in newly developed neighborhoods where those folks buying in those neighborhoods know what they are getting into.

Trying to 'retrofit" this type of development into established, suburban neighborhoods will change the character of those neighborhoods forever, and in the process destroy the peacefulness, tranquility, and quiet enjoyment that such neighborhoods have come to enjoy. People bought into the suburban lifestyle because of the lifestyle and any attempts to alter the character of those neighborhoods and City Councils in the past have fostered the established, suburban neighborhood. The real estate taxes on these properties contribute more than 86% of the City of Virginia Beach's annual revenue, so one should be very wary of killing the goose that laid the golden egg.