Reply to MOCO - County Wide Upzoning, Everywhere

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is happening in Alexandria also.[/quote]

See you can't trust these ideological zealots. They will use the administrative process to create a backdoor by-right waiver of development standards once the county gives them legal authority to do it.[/quote]

Assuming that state law authorized it, how would it be a [i]backdoor[/i] waiver?[/quote]

Well it is very dishonest to for planning office to present this as a duplex-quadplex zoning ordinance, without changing setbacks or lot coverage standards when they know that is not how it will actually work. Setbacks will no longer apply in many circumstances due to the numerous exceptions created by recent state law changes.[/quote]

Do they know that is not how it will actually work, though? Do you know that is not how it will actually work? How do you know?[/quote]

Yes that is how it will work. The law is written very broadly and it provides developers with the ability to request carte blanche waivers of almost anything if they claim impacts "viability" or reduces "affordability". Aggressive developers will use their attorneys to steamroll local communities with the very nebulous provisions that create eligibility for this law. Read page 9 of this document

“UNREASONABLE LIMITATION OR REQUIREMENT” INCLUDES ANY LIMITATION OR REQUIREMENT THAT HAS AMOUNTS TO A DE FACTO DENIAL BY
HAVING A SUBSTANTIAL ADVERSE IMPACT ON:
(1) THE VIABILITY OF AN AFFORDABLE HOUSING DEVELOPMENT IN A
(2) THE DEGREE OF AFFORDABILITY OF AFFORDABLE DWELLING
UNITS IN A QUALIFIED PROJECT[/quote]

1. Want to cite the whole context regarding where the above applies and under what (limited) circumstances?
2. Want to explain how a rule that prevents a "de facto denial" is tantamount to waiving any and all design standards?[/quote]

It says "includes any limitation or requirement" which would include development standards like setback requirements. [/quote]

"that amounts to a de facto denial"[/quote]

Yes and setbacks and lot coverage maximums, parking minimums will amount to a de facto denial for undersized lots. The building code interacts with setbacks to make many of these projects financially infeasible. So they will just request waivers due to financial "viability" and  [b]county will be obligated to approve them under most circumstances[/b].  
[/quote]

This just isn't how this works even now in places already zoned for multi-unit.  It is an enormous leap you are making, particularly in light of existing rules and indications by both the county and the state that setbacks and other development standards are not being eliminated.[/quote]

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