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A Citizen's View of In-Fill Development

Presented by Ted Weihe
of Yorktown Neighborhood
at the
Arlington Committee of 100
February 12, 1997


Introduction

Tonight, I want to offer three citizen perspectives on in-fill residential development: as a homeowner, president of my civic association and vice chairman of the Neighborhood Conservation Advisory Committee.

As a homeowner living a block from Marymount University, my education began as 20 in-fill houses were built over the last seven or eight years within two blocks. There were 11 houses constructed at Brandywine and 26th St. in which one house exceeded the 35' height limit and was given a variance. In another one, the developer had to redig its foundation because the house was located too close to the road.

The most inappropriate houses are: two modular homes with siding in our brick neighborhood, and two others along 26th Street that are built out to the porch lines, creating a three story solid brick barrier between three Cape Cods. They have almost no side yards and their front doors are nearly two stories up.

Two houses were built at the corner of Brandywine and 26th Street when a single lot was subdivided: one house was too tall and inspectors made them order a new roof. The other one was built with double doors high up on a side for a nonexistent deck. The developer told the new owners there would be no difficulty in getting the necessary variance to build beyond the allowable building space. He was right.

On Yorktown Blvd, a house was built and got approval for an easement across county-owned property for its driveway. For a house built across the street from us, a garage was torn down and the land was subdivided. In this case, the county allowed a substandard lot on the original house to make up sufficient acreage for construction on the new lot.

In two of the cases, neighbors got together and used old deed covenants to gain concessions from developers: one in siting to preserve a large oak tree and with the other, the design of the roof and brick accents were modified to emphasize horizontal rather than vertical lines to make the house fit in somewhat better.

In all of these cases, houses were built "by right" with no official opportunity for input from citizens. They demonstrate how developers stretch the current procedures to maximize bulk and height for what one of my neighbors dubbed, new "McMansions."

My second perspective comes about as president of the Yorktown Civic Association. Again, we had to deal with a major development along Rock Spring where all the trees were clear cut for seven large houses. We have two in-fill houses looming over Rock Spring Park, our most important neighborhood open space; and another two planned next to Yorktown High School's Greenbrier Play Field. Currently, three more in-fill homes are planned between Rock Spring and 30th Street and we have calculated it is possible to put 33 additional new houses in this heavily wooded area because of its large lots.

My third perspective is as a participant in the Neighborhood Conservation Advisory Committee (NCAC) program. The Yorktown Civic Association included in-fill development as our most pressing issue in its Neighborhood Conservation Plan. Barcroft, Highview Park and Courtlands also urged action in their plans. It is clear from NCAC discussions that in-fill development is destroying the character of all our neighborhoods, rich and not so rich, older and new areas, and in north, central and south Arlington.

Through approval of our Conservation Plan in 1992, we found strong support for this view on NCAC and at the Planning Commission. The County Board responded with a work session with staff, and the Zoning Ordinance Review Committee was reactivated to look at this and other zoning issues. Representing NCAC, Nancy lacomini and I serve on this committee and we have tried to address the in-fill development issue in a county-wide fashion. But, we have made little progress.

Background

While uncontrolled high-rise development was the issue of the 1960s and 70s, in-fill is the land use challenge for the 90s and beyond. Arlington has done a good job at channeling high-rise development into the corridors. The county has developed flexible zoning tools and site plan conditions that have gradually improved the quality of high-rise and multi-residential development. These changes have adjusted to new economic realities, for example, most recently enacting a new higher density zoning category to allow Rosslyn to redevelop.

While Arlington pioneered in the CO and multi-residential zoning approaches, we have left essentially untouched the single family residential zones: R5, R6, R8, R10 and R20. These zoning provisions are a legacy of Rusty Arms, a former Arlington Planning Director who developed them in 1962 to be flexible and easily understood. The zones were placed over a 1942 zoning system and designed for well developed residential areas.

Most planners would agree the zones are "oversimplified" compared to other jurisdictions. The goal was to make the zones fit all existing lots and to be flexible so that minor residential improvements did not require (or minimized) the need for variances. The unintended effect is to provide for very large building envelopes.

Changed circumstances

As Arlington land values have increased, residential conditions are different today. Older homes of the 1940s, 50s and 60s do not provide the same living space that many people want today. The market demand is for multi-purpose rooms, central foyers, walk-in closets, eat-in kitchens, etc. Many owners either upgrade their homes or move to the outer suburbs for these amenities. For Arlington, it has become a status symbol to have a dumpster in your front yard for extensive renovations.

Small developers have decided to take advantage of this new market. They scour over zoning maps looking at every oversized lot or combinations of lots to subdivide or cul-de-sac. While most of the additions by residents fit because they expand existing homes, the developers build to the new market. These new houses are shoe-homed into older neighborhoods made up of 1930s bungalows, 1950s ranch homes and 1960s two-story brick Broyhills. They max out the developable space.

Not alone

Arlington is not the only jurisdiction facing this problem. Highly valued and well-located suburbs in other states are experiencing the same situation. What is different, according to a recent Wall Street Journal article (Huge Houses Squeeze Into Tight Spaces) is that these communities are doing something about it. The article said that "People in towns across the country are tearing down small houses on small plots and building in their place what brokers have taken to calling 'monster homes' that eat the front yard, spill over the edge of the property line, and block the neighbors' sunlight and views."

In response to inappropriate in-fill houses, these communities have lowered height requirements (Burbank, CA), limited house square footage (Beverly Hills, CA, Gulf Stream, FL and Hillsdale, Chicago), and limited land coverage (Mission Hills, Kansas City). While we may have been in the forefront on innovative zoning for high-rises, we are not leaders in trying to preserve our older neighborhoods from inappropriate in-fill residential development.

Politically, the problem of in-fill development is different from the corridors where the basic plan is agreed to and at least some site conditions with citizen input can address compatibility and impacts on nearby residents. In other sections of Arlington, residents are surprised and often outraged by an unexpected in-fill development near them and express their opposition vocally. But, they are told by the county officials and staff that there is nothing that can be done. It is "by right."

In fact, this is not the case. There are many changes that can be made to better "direct" in-fill residential development. Arlington has the power, it is only a question of political will.

Solutions

Here are some ways to better control in-fill residential development:

1. Change the current coverage requirement.

Currently, houses and related structures can cover 56% of the lot. This was a compromise figure in 1962. There is no reason that it can't be changed. We should reduce the coverage to 45% and grandfather current houses. This change would address the major concern about bulk for in-fill houses and provide for larger yards, thus preserving more mature trees and vegetation. New houses would not look like they are squeezed in-between existing homes with more traditional side and back yards.

2. Reduce the 35' building height by changes to the formula or reduce it to 30'.

Currently, height is measured at the mid-point of the curb. It could be moved to the front construction line so that the topography does not allow taller houses that exceed the already too high limit. The formula also can be changed so that four story back structures would not be permitted (another problem created by the current formula). . Currently, there are few variances for heights other than due to unusual topography. This formula change or lower height limit would encourage developers to dig basements or design homes without the high vertical roofs that are out-of-character and tower above adjoining homes.

3. Restrict pipestem development.

A pipestem occurs when a house is built in someone's backyard and the lot looks like a pipe. We should prohibit houses that do not front on streets and are in someone's back or side yard. Pipestems destroy the orderly nature of neighborhoods and cut down mature trees that hurt community ambiance. There are at least two ways to stop pipestems. We could require that all houses must have at least 60% of their frontage on a street. This is the formula in many New England communities. Another way would be to increase the current 40 foot access requirement to 50 or 60 feet for new subdivided lots. Again, this change would not affect current subdivided lots, but prevent future pipestems.

4. Set new county policy guidelines for the BZA.

Currently, many citizens believe that the court-appointed Board of Zoning Appeals is too lenient on variances especially for developers. While this is a quasi-juridical process, BZA should represent community views. In this regard, the County Board could adopt policies that better define the test of "hardship" which is required for variances. Variances should be reserved for residents and discouraged for developers who should design houses within the current building envelope, rather than change setbacks to fit their computer-drawn standard designs. For example, we should not allow developers to build houses and, then, tell new owners to get a variance for a planned deck or other structure

5. Increase penalties for developers that break the rules and reward those who are sensitive to neighborhoods.

Developers have exceeded building heights or setbacks and Arlington staff has often caught them. But, the dilemma has been that if they exceed the requirements, the choice is either to rebuild the house or approve a variance. We should increase civil penalties for developers to send a message that we expect them to comply fully with our rules.

On the other hand, there are developers who are sensitive to neighborhoods and want to make their houses fit in better. We need to find a way to encourage this sensitivity through awards or other acknowledgments. We need to demonstrate that new, bigger houses can sell faster and at higher prices when mature trees are retained and designs fit the character of the neighborhood.

The county staff, who work with developers, can be more forceful in encouraging consultation with the neighborhoods beyond mere notification. County planning staff, can be trained and instructed to act as mediators between developers and citizen groups to encourage better design and sensitivity to the environment. The county could offer workshops for small developers and civic activists on building standards and better ways to work with neighborhoods for better designs and siting.

While the proposed unified residential zone may help control small groups of houses, this new zoning category will not address the real issue. We must not only add to our zoning tools, but retool them for the new economic times when the value of lots is often higher than the houses situated on them.

Thank you.



This page was last revised on: September 14, 2000.

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