Residents speak out against zoning changes that would destabilize neighborhoods
More than 40 people spoke at a Fairfax County Planning Commission meeting on zMOD Jan. 28, most of them opposing new rules that would make it easier to create an Accessory Living Unit (ALU) and home-based business.
By the time the public hearing portion of the meeting was over it was 1 a.m., so the Planning Commission deferred a decision on the zoning modification initiative until its Feb. 10 meeting. At its next meeting, on Feb. 3, the commissioners will ask planning commission staff for further clarification on the proposal.
Zmod updates, restructures, and streamlines the county’s zoning ordinance, while making many changes in specific zoning requirements.
At the hearing, many representatives of neighborhood associations expressed concern that the provision in zMOD that would eliminate a Board of Zoning appeals hearing for an ALU inside a single-family home would lead to many more ALUs, thus destroying the character of residential communities.
Among speakers from Mason District, Clyde Miller of the Holmes Run Valley Citizens Association said loosening the requirements for ALUs “would lead to boarding houses, destabilizing neighborhoods.”
“The county must protect safe, livable residential communities,” said Debbie Smith of the Mason District Council.
Several people said they opposed the proposal in zMOD to eliminate the requirement that there must be at least one person age 55 or older or disabled in an ALU or the principal residence.
Among other complaints about the ALU changes: allowing an entire basement as an ALU would effectively create a duplex; ALUs would lead to parking and traffic problems in neighborhoods; they are being promoted as affordable housing when in fact they would be market-rate housing; and they would urbanize single-family communities.
Related story: Planning Commission to take up accessory living units
The other change in zMOD generating extensive opposition calls for looser regulations on home-based businesses.
“Unlimited retail sales and small-scale production facilities don’t belong in neighborhoods,” Smith said. Under the proposed rule change, there would be no limit on the hours of operation or equipment on site, she noted, and the county would no longer have the authority to inspect home-based businesses.
Other concerns raised at the hearing about home-based businesses: They would “commercialize single-family neighborhoods”; chemicals used by in-home barbershops and hair salons would spew toxic chemicals into the watershed; and customers would park on neighborhood streets, leaving little room for residents.
“zMOD effectively doubles the density of single-family districts,” said James Hart, a former member of the Planning Commission. “A house now becomes a house plus a market-rate house and two businesses. The basement loophole legalizes stacked duplexes.”
Several people urged the county not to approve such important changes during the pandemic, when people don’t have the opportunity to attend meetings in person. And even though county staff held 95 outreach meetings, most county residents don’t know anything about zMOD.
There was also opposition to a proposed zoning change that would increase the size of enclosed outdoor accessory buildings. Sheds could be up to 12 feet high and within five feet of the property line.
A few people spoke in favor of the zMOD changes. One person, for example, said the county should encourage entrepreneurship, especially when so many people lost their jobs during the pandemic. A couple of people said they support expanding ALUs because young people and essential workers can’t afford to live in Fairfax County.
Thank you for all the object this stupid plan.
We cannot allow this to happen and ruin our community!
What most people don't understand is that an Accessory Living Unit is a MARKET RATE unit, not "Affordable" Housing. These terms are being used interchangeably. What is really happening here is there is no commercial tax base in this county — it has been a problem for a very long time. And with Covid it won't recover for an even longer time. So the BOS is looking for ways to increase the property taxes and the only way they can do that is if people put in improvements that make their assessment go up. The fact that these changes are being done with the "help" of consultants is laughable. I used to work at a consulting firm… my old boss used to say "they want a blue suit, we turn on the blue light". This is nothing more than a money grab by the BOS. We do need affordable housing… they should look at repurposing or redeveloping all the empty commercial space for affordable apartments and lease to purchase condos. This opportunity is staring them right in the face. Instead they are trying to create more density in existing stable communities.
Affordable market rate housing is a concept – I'm not jumping through paperwork hoops and other nonsense to rent an affordable dwelling unit. I, and most people looking for affordable rent, are going to look for market rate housing, quite often found in a basement apartment in Fairfax County.
I'm not pleased with the changes either but the concept of affordable market rate housing isn't lost on me.
The county's proposal to eliminate the current age/disability restrictions on accessory apartments will turn single family detached home neighborhoods into multi-family neighborhoods — and where does it go from there?…
I'm personally looking forward to building a small dwelling in my backyard. Hopefully we can live in it temporarily while we tear down our current house and then in have our aging parents move in some time down the road. Could double as an office as well.
I'm for ALUs and entrepreneurship. I see homeless population rising in Annandale, and it's only going to rise unless there are more affordable living units. They will be market rate, but since they are not entire SFHs, smaller spaced, it will be more affordable for those who do not have families and a need for that much space. Home businesses would benefit entrepreneurship, and not rely on the Federal government too much. I say lets get out of our "in the box" thinking, and lets start diversifying the type of ways to make money in this area. For those that say this takes away the "neighborhood" community feel, I feel like in this day and age, that's already gone. We don't know who our neighbors are that well anymore. With local home-businesses, at least you will connect to those around you.
Alright, I completely understand those that want to protect the "character of their neighborhood". It's completely reasonable to want to protect your single-family home on your own plot of land. That being said I plead with everyone in Fairfax County to be in favor of some sort of density reforms. We desperately need a larger supply of housing to help bring prices down and handle our future population growth effectively.
What this change will look like is yet to be decided, but needs to be decided ASAP. For instance I am in favor of redevelopment along our major corridors to reflect a more urban landscape. Something along the lines of what has happened with the Orange Line in Arlington. There are still residential communities left intact that are set back from the density around the Metro.
The idea of retrofitting vacant offices stated by Anonymous above also has merit and is at least something to go with…as long as it is complete redevelopment for integration into a community and not just sticking people in office parks.
However, incredible opposition to any sort of land-use change is extremely detrimental to our region. It seems like nothing can satisfy the NIMBY public. "I don't want quasi-duplexes in my neighborhood, but I also don't want a mixed-use development within a 0.25 of my house!". Whether we like it or not increasing our density is the smartest way to plan for our future. For the sake of our collective quality of life we need to be willing to compromise.
I agree that housing affordability in NOVA is an issue. But, attempting to retrofit SFH neighborhoods to accommodate by right interior ALUs and home-based businesses is not the solution. It's also unfair to label folks as NIMBYs for wanting to protect the character of their neighborhood since, in many cases, a home represents a family's or individual's greatest asset. It's the reason many people in our community applauded the recent tabling of a proposed mixed-use development along LRT and Hummer Rd. I’ll never be able to afford a home in McLean or Great Falls, and you what, that’s okay. I like my SFH neighborhood in Annandale and think it’s worth protecting. That doesn’t make me a NIMBY, Karen, or other loaded term.
For example, can you imagine having 2000+ customers per year at just one home-based business on your street or cul-de-sac (6 or 8 customers per day, 8 am – 9 pm, 365 days a year)? Or, what about an ALU on either side of your house with up to 4 additional cars? Many SFH neighborhoods occupy public transportation deserts – how is it sustainable to increase density in such places? And, is it equitable to place the burden of increased density and commercialization on non-HOA SFH neighborhoods?
Let's get creative about trying to solve the housing crisis – convert vacant commercial space to residential units as a PP noted, consider tax breaks or other financial incentives for small businesses that take over vacant commercial space, support shared office environments clustered around public transportation centers, study relaxing density and height requirements within 1 mile of metro or MARC stations, etc.
Big picture, I agree the zoning regulations need an update – it’s great to see the current draft accounts for green energy, food trucks, data centers, etc. However, the zMOD, at least as it pertains to ALUs and home-based businesses, is not ready for prime time.
Your point about public transportation deserts is right on the money. 100% agree, and as a part of my general position Fairfax County needs to be focusing on revamping public transit and transportation-oriented development as a top priority.
However, what is the root cause of this abysmal ALU and home-based business solution? I can answer this question for you: it's the homeowners that are so vehemently against any type of change.
See, I get the impression that "protecting neighborhood character" is really just code for "my individual position within the community is more important than the needs of the community at-large". This argument is always about "my house, my assets, my property value". I'm sure many can sympathize with your inability to afford a home in McLean or Great Falls. I certainly can. But there is an ever growing number of people that will never be able to afford a home at all. What about them? Isn't it inequitable to force them out into Gainesville and Fredericksburg in an attempt to find something remotely affordable? Should we really be forced to continue on this incredibly wasteful, nonsensical method of sprawl?
What I am trying to say is that something has to give. If everyone in NOVA is in favor of changing land-use, as long as it doesn't happen close to them, we will never get anywhere. We are never going back to the small bedroom communities of the 20th century again. The sooner we can collectively realize this and accept it, the sooner we can get on with smart planning.
I used to live on a street in Annandale that had plenty of street parking, a wide street with curbs and gutters on both sides of the street, and that street could certainly withstand an influx of people renting from ALUs and patronizing home-based businesses. I now live on a small a cul-de-sac street in Annandale with limited and often full street parking, and we cannot withstand an influx of people from ALUs or home-based businesses. And please do not pretend that their skimpy on-site parking requirements are going to be of much assistance.
There is no nuance in our zoning ordinance for neighborhood differences. We have no parking enforcement to speak of – if we are going to urbanize, we need urban governance features like dedicated parking enforcement.
I applaud everyone who spoke out against this.
Catboy, I responded to your initial comment. We agree there is a problem with housing affordability, but disagree on the fix. That's okay, and I appreciate the points you raise. I do think a middle ground solution is possible if our elected overlords would roll up their sleeves, think creatively, and listen to public input (not dismissing concerns as irrational NIMBYism).
In addition to the ideas described in the comment thread, I'd be in favor of loosening the age/disability requirement if we keep the special permit process. Doing so would broaden the range of who may live in an ALU without eliminating transparency and a voice for affected neighbors. It's not an absolute one way or the other, and if no one is 100% happy, well, that's compromise!
I also agree that wanting to protect your largest asset and your quality of life does not make you a NIMBY. What many of you may not know is that several community associations for years have been trying to get the BOS to update zoning to further protect communities, not to further degrade them as zMOD might. For instance, years ago a proposal was submitted to prohibit cars from being parked for over 48 hours on any part of a lawn, not just the front. Why has this not been changed? Why would anyone want to look out of their back window and see cars parked in their neighbors' yards? If they are unlicensed vehicles, the county solution is to have them covered, no matter where they are on the property. So, we have houses in our neighborhoods that have cars rusting away in backyards, but it is okay by county zoning, because they have covers over them. It is still an eyesore, a potential home for rodents, and a potential environmental hazard. This is an example of the type of modernization to county zoning that many have been asking for, but which has fallen on the BOS' deaf ears. Can anyone explain why something like this would not be enacted? I am curious what the reasoning would be.
https://www.fairfaxcounty.gov/police/report-inoperable-vehicle The county should be enforcing the junker issues but they should go further. They should require a car become operable, insured, inspected and ensure the car taxes are paid for the inoperable vehicles.
I'm opposed to the changes in zoning laws. I have 4 families living in a single family house next door. That is 16 people in a single family home. The number of cars on our street make it quite tricky for emergency vehicles and sanitation trucks to navigate the street safely. Complaints to the county do NOTHING. Penny's response is that everyone deserves a place to live. While that might be true, 16 people in a 4 bedroom house where the children have to sleep on the couches because they don't have beds isn't really fair to the kids or to any of the neighbors who can't park in front of their own homes.
Wanting to protect your home does not make you a NIMBY. Having concerns about your neighbors putting cars in their lawn also does not make you a NIMBY. What makes one a NIMBY is unwavering opposition to proposed solutions to our affordable housing crisis. Why do you think there are 16 people living in one house next door? Do you really think they want to live like this? Understand that the solutions to the county's problems may not check every single box on your list of acceptable measures. This poor household is forced into these conditions because we have been opposed to any sort of density and land-use redevelopment. We are well on our way to a recorded 1.5mil people in Fairfax County. We can handle this growth in a smart way or we can continue with ridiculous solutions like this relaxing of ALU requirements. I'm sorry to break it to you but being "opposed to zoning changes" is just not feasible for our future.
There are 16 people next door because the county has allowed it. They also allow the overcrowding in apartments, which actually causes rents to go up. The more people who chip in, the more the landlord can charge, especially if they are here illegally. They are not going to complain for fear of ICE being informed. It also amazes me that the county picks and chooses which laws it wants to enforce, allowing these problems to fester, and expecting the taxpayer to pay, sacrifice quality of life, etc. I came from humble beginnings and worked and sacrificed to get where I am now. I have compassion, but do not believe that we should accept a 3rd world way-of-life on our dimes.
ZMOD protections are non-existent. Corruption – absolute corruption. You will be abe to do what ever you want by slipping your local supervisor a backdoor payoff. A regular Food Trucks presence in neighborhoods will provide a predictable, stealth means of distributing hard drugs on a scheduled basis to all the kids in your neighborhood. This will be followed by a crime wave.
Perhaps if FxCo was not a "sanctuary" county and we had a U.S Government that enforced the Constitution concerning immigration laws,we would not have the problem of over-crowding, lack of housing, jobs, etc. We also would not be having these hand-wringing, back-and-forth discussions that always seem to go no where.
I guess it was only a matter of time until it came to this. Usually does.
God forbid there is a post on this blog about immigration. Comments section will go absolute apeshit.
I hate to break the bad news to you but the future of America is not white. Here's to your kids and your grandkids that will grow up in a multi-cultural society not harboring the same fearful animosity so many here have towards people of color.