You ridiculous Yimbys flippantly comparing housing types as if it is something trivial like picking what color shirt people wear for that day. It has a very meaningful impact on the environment, school overcrowding, property tax revenue, noise levels and crime. So don’t pretend like you can just swap housing units out like Legos without any impact on resident health and welfare. |
Yes, it does. It absolutely does. You're right. Speaking generally, exclusively-oneplex developments are the worst for the environment. |
Of course they have a right. The way you say it presents it as hyperbole, of course -- "unchanged" and "personal approval" vs. the previous statement indicating more along the lines of "changes within zoning except with broad assent of the neighborhood," which is, more or less, the established custom (an underpinning of the US legal system in common law). Rights are not absolute, however. Even the right to life can and has been taken away by government in certain circumstances (e.g., executions for particular crimes, which, presumably, were of such consequence to the rights of others as to warrant the removal of the offender's right to life). The question is always one of relative rights, which supercede others and under which circumstances. As part of this, the particular impacts of abrogation of one set of rights in favor of another must also be considered. A right generally considered superior might be the one abrogated should the effect of abrogation of the "lesser" right be particularly grave while the alternate effect is not. In this case, development interests certainly are stealing residents' milkshake. |
No, they don't. As far as I can tell, your argument boils down to: the Montgomery County Council does not have the legal authority to change the zoning in my neighborhood. But the Montgomery County Council actually does have this legal authority. The broad assent you're referring to? They got that in 2022, when the voters elected them. |
How's that? Your assertion is that it is "more or less the established custom" that the people already residing in an area historically give "broad assent" when SFH zones were first established? And how is that "broad assent" historically demonstrated when changes have occurred? |
You should think about how you can communicate more clearly because it sure sounds like you’re discounting the importance of SFH supply and pricing in the overall housing mix. You’re probably wrong about this, and it will have pretty grave consequences for housing affordability across the board. |
Umm...yes they do. Are we going to just go back and forth with no-yes-no-yes, or are we going to get to an understanding of different bases for "right"? And there you (and as far as I can see, many of those supporting your point of view) go again with misrepresentation of an opposing argument as a chief method of rhetorical banter. It's not that the Council can't do this. There are many, many things that they (and many elected bodies) can do but should not. The broad assent of established custom in zoning exceptions that is part of the reasonable expectation of those who had chosen to reside in an area of particular zoning is broad assent of that neighborhood (or neighborhoods, depending on the property requesting exception and the nature of the exception) -- those most directly impacted by a proposed change, not any assent that might be implied by the results of a county-wide election. In any case, the councilmembers elected didn't put forth a campaign platform to permit such sweeping zoning change as we see suggested now (not even detailed in Thrive). Additionally, as mentioned multiple times in this topic, election of a representative does not imply support for every decision that individual might make. Representatives may be wanton in their disregard for constituent interest, of course. They may do so for a variety of motivations -- donor influence, personal gain, a stand on principle, etc. If principle is suggested as the case, here, then "they have the legal authority" is moot as a justification, and their stand to defend that principle would need to address their personal calculus of relative rights previously mentioned. |
If you want to sit around feeling aggrieved/exploited/oppressed because the Montgomery County Council votes to change zoning in a way you don't like (which they haven't yet, but they almost certainly will), I can't stop you. Maybe you should consider running for county council yourself in 2028. |
Can you elaborate on this broad assent of the people in the neighborhood thing? And how it is an established custom? And then how whatever that is is different than what is happening now? Maybe some facts that support a conclusion of "wanton disregard for constituent interests"? |
No, the custom is gaining that neighborhood assent when granting an exception to established zoning. Establishment of zoning and re-zoning, as has happened in the past, typically requires similar processes to ensure community buy-in (and as a proper check on the powers afforded to elected officials and their appointees). The approach of the ZTA (amending the wording of existing zoning to effect change) sidesteps such established and reasonable expectation. The lower bar of a ZTA should be seen as consistent with far less substantial change than is being proposed. Given the relative obviousness, here, and the extensive prior discussion, I suggest you are being deliberately daft in an attempt to confuse/misrepresent. |
Helpful, and different than what you originally wrote. So the clarification was needed. So when an exception is granted to established zoning, how is that broad assent established? |
PP here. I should address this I guess. I did not pick up on a extensive prior discussion of the concept of an established custom of broad assent specifically by the neighborhood at issue in prior discussion. I heard people assert that the community doesn't want this, and that the County is doing something that they know the community doesn't want. But there hasn't been much on probing how customary it is to establish that assent. I don't know if you are the poster who has posted before about "the Questioner" and how bad faith should be assumed. I asked that poster to give an example of where a question WAS appropriate. I'm still curious. I also think it is a sad world view to assume that everybody comes to an issue with a firmly established stance on one end of the spectrum and can't seek information and discussion to gain clarity and refine that view. Believe it or not, that is what I am doing. And my view actually did change on a few points as a result of this thread. |
Whose custom is this, and since when has it been practiced? How was this assent obtained? Who obtained it? Who counted as being a neighbor, for the purpose of determining assent? Who decided whether or not it was assent? Could you provide one or two examples of this custom? There's certainly no mention of this custom in Royce Hanson's book, published in 2017, and I definitely would expect him to have mentioned it. https://www.cornellpress.cornell.edu/book/9781501705250/suburb/#bookTabs=1 |
^^^and before you start accusing me of bad faith -- I sincerely have no idea what "custom" you are referring to. I can't even imagine how this "custom" would work, assuming it actually involved assent from everyone living in the area. Or even the majority of people living in the area. If it really was a longstanding custom, it should be easy for you to answer these questions and provide some examples. |
Not different. I had said, and you had bolded, "changes within zoning." That is, once zoned (and with consequent decisions having been made based on that zoning, as mentioned previously), requested exceptions within that zoned area typically are vetted with the affected community and typically do not move forward without reasonable assent. |