Zoning For Housing Reforms To Boost Alexandria Housing Upheld In Court

ALEXANDRIA, VA — Zoning for Housing, Alexandria's zoning changes seeking to boost housing supply, will stay after a court decision Wednesday.

On Wednesday, a circuit court judge upheld the city's Zoning for Housing in a summary judgment. The Coalition for a Livable Alexandria, a group that opposed Zoning for Housing, filed the lawsuit in Alexandria Circuit Court in January 2024. The coalition had shared concerns about overdevelopment that would affect neighborhood character, infrastructure, traffic and other livability factors.

Zoning for Housing received approval from Alexandria City Council in late November 2023. One of its most controversial elements was eliminating single-family home zones by allowing multi-unit dwellings in these zones. With the approval, two-unit and three to four-unit dwellings are permitted in single-family zones.

Other areas of Zoning for Housing address townhouse zoning, residential multifamily zones, historic development patterns, coordinated development districts and affordable housing, office to residential conversions, industrial zones, and transit-oriented development. A ninth component — changes to bonus heights allowing extra density with affordable housing — was not recommended by city staff to move forward.

Supporters of Zoning for Housing shared support for the summary judgment keeping the zoning changes.

"In a well-reasoned decision, the court agreed that the city's Zoning for Housing amendments were lawfully enacted and supported by the record," said Mayor Alyia Gaskins at Wednesday's City Council meeting. "The court's decision recognizes that the zoning amendments reflected years of thoughtful and thorough deliberations...It's a key city priority for this council because it advances our commitment to expanding and diversifying housing options across Alexandria."

Councilmember Kirk McPike said in a statement that Zoning for Housing is a "vital first step," but more should be done to increase affordable options.

"Bringing new housing supply — both committed affordable and market rate — to the market is the only way to slow the rise in housing prices," said McPike in a statement. "A more livable and affordable Alexandria is possible if we commit ourselves to expanding the housing options available to our residents."

YIMBYs of Northern Virginia, a group that advocated for the Zoning for Housing decision, said it was "time to move forward" after two years of litigation.

"Zoning for Housing’s unanimous passage was an important, but modest, step toward making all of Alexandria’s neighborhoods more welcoming and affordable," said Alex Goyette, Alexandria lead for YIMBYs of NoVA. "We’re excited to start on the next chapter of housing reform, which should include the launch of Zoning for Housing’s promised second phase. It’s time for Alexandria to address the reform’s shortcomings and further advance the city’s vision of housing for all."

Neighboring Arlington County has had its own battle over zoning changes.

In June, the Virginia Court of Appeals overturned the Arlington County Circuit Court decision that struck down Arlington County’s "Missing Middle" ordinance. The zoning changes seek to boost housing options that fall between single-family homes and mid to high-rise apartments, which includes duplexes, fourplexes, townhouses, multiplexes and more. ARLNow reported that "Missing Middle" opponents are now seeking a challenge in Virginia's Supreme Court.