The Truth
About Radical
Zoning Changes
Debate Challenge
February 3, 2025
Jerry Cox, resident of Charlottesville's battleground Lewis Mountain neighborhood, wants answers from Everygreen developers and has invited its president to debate the merits of building six townhouses where a single-family home exists today.
303 Alderman Rd.
Charlottesville, VA
Stop the YIMBY Movement from destroying single-family home neighborhoods
YIMBYs acknowledge zoning changes alone can't solve affordability.
Studies have shown that upzoning led to short-term property value increases, potentially pricing out existing residents rather than improving affordability. These outcomes suggest that while rezoning can expand housing options, it often doesn't directly translate to affordable pricing.
The Affordable Housing Myth
A study of Arlington County's previously approved upzoned lots by the County zoning commission, showed not one unit that's considered "affordable" by federal government standards. Arlington County citizen groups sued and a circuit court Judge halted all "missing middle housing" construction. The case is being appealed by the County government and it has already spent $1.4 mil in outside legal fees – in a losing effort. That's right, Arlington County sued it's own residents using their tax dollars for $750/hr legal fees.
UPZONING CASE STUDIES
While upzoning is often promoted as a tool to boost housing affordability, critics raise significant concerns about its unintended consequences and limitations. Here are the primary arguments against relying solely on upzoning for affordability:
1. Short-Term Price Increases and Land Speculation
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Immediate cost spikes: Upzoning can trigger rapid increases in land values, as parcels gain development potential. In Seattle, upzoned lots saw 5-7% price jumpspost-rezoning, with land prices rising faster than non-upzoned areas.
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Speculative investment: Property owners in upzoned areas often hold land for future high-return projects rather than developing affordable units immediately.
2. Gentrification and Displacement Risks
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Demographic shifts: New market-rate developments in upzoned neighborhoods frequently attract wealthier residents. In Vancouver’s West End, 80% of new units post-upzoning catered to high-income households.
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Direct displacement: A Chicago study linked upzoning to 1-2% displacement rates of low-income renters due to rent hikes or evictions.
UPZONING PERMIT – Arlington County
Address: 2005 N. Taylor Street.
Permit Approved August 17, 2023
3 Townhouses.
August 2023
June 2024
Previously permitted lots
ARLINGTON COUNTY STUDY
PETER FIREHOCK, RESIDENTIAL REALTOR
More than 50 Missing Middle Housing lots were permitted by Arlington County before being halted by the Circuit Court Judge. This large sampling was studied by realtor Peter Firehock and he discovered that the actual impact was the opposite of its intended policy goals. The approved permits instead of creating affordable housing was instead replacing affordable/entry-level homes with unaffordable products. Here are some examples from his study:
UPZONING PERMIT – Arlington County
Address: 2612 S. Fern Street
Permit Approved: August 16, 2023
6 Units
July 2023
June 2024
6 units
Charlottesville's
Upzoning
“It’s arguably the most progressive zoning code that I’m aware of in the country.” – Charlottesville developer
“It could set precedents for zoning reforms across Virginia."
What's Happening in Charlottesville
Charlottesville, Virginia, has become a focal point for debates on urban housing policy after implementing a major zoning overhaul in December 2023. The city's new Development Code represents one of the most radical land-use reforms in recent Virginia history, sparking both praise and legal challenges.
Adoption of the New Zoning Ordinance
The Charlottesville City Council unanimously approved the zoning changes on December 18, 2023, after a seven-year planning process called "Cville Plans Together." Key provisions took effect on February 19, 2024, including:
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Elimination of single-family zoning citywide, allowing multi-unit housing in all residential areas.
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Mandatory inclusionary zoning requiring 10% affordable units in developments with 10+ units (affordable at 60% area median income).
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Increased density allowances permitting 6-8 units per lot in former single-family zones.
Rationale and Support
Proponents argue these changes address:
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A 4,000-unit affordable housing shortage.
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Median home prices rising 43% since 2020 to $643,000
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Organizations like Legal Aid Justice Center and Livable Cville endorsed the reforms as tools to prevent displacement and increase housing diversity.
Opposition and Legal Challenges
A coalition of homeowners filed White v. Charlottesville in January 2024, alleging:
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Failure to give notice required by state statues.
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Failure to conduct required transportation impact studies.
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Insufficient consideration of infrastructure needs.
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Violation of state laws governing comprehensive planning.
Legal status as of February 2025:
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Two counts dismissed in November 2024.
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Remaining claims focus on procedural compliance with Virginia Code § 15.2-2222.1
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Plaintiffs amended complaint in December 2024 cites specific developments like 303 Alderman Road (6 luxury townhouses replacing one house as evidence of harm).
Implementation and Impact
Early effects include:
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Increased development applications for multi-unit projects.
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Property value spikes up to 21.7% in rezoned areas.
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Ongoing debates about preserving neighborhood character vs. availability of "affordable" housing.
The case has drawn regional attention, with parallels to Arlington County's overturned "Missing Middle" program. Charlottesville continues implementing the ordinance pending court rulings, which could take years to finalize.
The First Test
303 Alderman Road
Lewis Mnt. Neighborhood
Charlottesville, VA
303 Alderman Rd.
Proposed 6 townhouses
The Fight to Preserve the Neighborhood
303 Alderman Road is the first major development closest to breaking ground. It would add multi-plex housing to a previously single-family zoned neighborhood. It's controversial and will be affected by law suits to void Charlottesville's new zoning ordinance. A motion to recuse the presiding Judge due to conflict of interest – he lives in a neighborhood whose zoning changes could impact his housing price. (click here to see motion and response) It's a test case for the city's new zoning policies. Concerns have been raised about the impact on neighborhood character and affordability, as the new units will be well over $1 million.
Legal Challenges
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Altzoning.org supports ongoing legal challenges to Charlottesville's new zoning ordinance to stop the development. How the court decides if the zoning change is legal has potential implications for future developments throughout the Commonwealth and beyond. A grassroots coalition has sued Charlottesville over a number of issues:
Infrastructure Overload
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Utility strain: Possibility of sewage overflows, low water pressure and public transit systems need upgrades.
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Traffic congestion: Upzoning increases vehicle volume on already crowded streets and state highways.
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School overcrowding: Multi-family housing could bring more children, straining education systems and raising taxes.
Cultural Preservation
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"Neighborhood character" erosion: Opposition to replacing single-family homes with condos, apartments, and townhouses to protect the historic neighborhood's architectural integrity.
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Open space loss: There will be significant tree canopy loss and less green spaces when high-density lots replace smaller homes.
Background
Evergreen Home Builders bought the property at 303 Alderman Road for $835,000 on June 17, 2024. The developer plans to demolish the existing single-family house and replace it with six market-rate townhouses. The proposed buildings would be even more massive than permitted under Charlottesville's new zoning ordinance, adopted in December 2023. The new code allows for increased density in previously single-family zones, permitting up to 6 units by right, or 8 units if the existing home is preserved. A demolition permit for the existing structure was filed in August 2024.
The Forerunner Foundation, a public policy nonprofit, is launching a new project called Alternative Zoning for Affordable Housing or ALTzoning for short. ALTzoning supports affordable housing and examines radical zoning changes in three Virginia cities – Arlington, Alexandria, and Charlottesville. All three have approved what is called "upzoning" or "The Missing Middle" by eliminating single-family neighborhoods, and allowing developers to squeeze multiplexes into small lots that lack the necessary sewers and other critical infrastructure. Lawsuits have ensued, emotions run high, communities are divided.
ALTzoning has four immediate goals:
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Educate homeowners about the current runaway upzoning plans.
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Support lawsuits and other efforts across Virginia to fight Yes In My Backyard activists.
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Expose local public officials who have benefited financially at the expense of their constituents.
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Identify lawful alternatives to increase the availability of affordable housing in Virginia’s most desirable cities.
One of our early findings shows that nothing “affordable” has been built anywhere as a result of upzoning single-home neighborhoods. In fact studies show that housing prices have actually increased. It’s important to take action now as neighborhood properties are being sold and multi-family homes approved. Let’s not stand on the sidelines wondering what happened. Let’s do something about it and preserve the charm of our neighborhoods.
Contact
Donate to Help Change Radical Zoning Laws.
Support ALTzoning as we uncover the truths about upzoning and its false claims of developing affordable housing in the name of destroying single-home neighborhoods.
Checks payable to:
Forerunner Foundation, Inc.
c/o Jay Hamilton
3521 N. Dickerson Street
Arlington, VA 22207
Telphone:
703-757-2211
