Parking spaces and stormwater flow. These are two crucial factors that need to be addressed whenever there is any new development. They are especially critical in residential development, whether it involves the construction of one house or a multi-family building.
There are many practical and legal issues to consider. For example, the first owner of a new house will want to make sure that the stormwater flows away from the house and not into the basement. Similarly, the neighbors want to be sure the stormwater flow does not flood their backyard and their basement. “Does that builder have the right to drain water into my yard?” is a common question asked of real estate attorneys. The answer, of course, is always nuanced. “It depends…” is a common answer that satisfies no one.
Parking seems to be the most critical factor, as it affects the day-to-day life of the owner and of the neighborhood. Zoning laws have evolved since the advent of zoning regulations in the early 20th century, and now it is common to have a formula for a specific number of required off-street parking spaces with any new housing. But what happens when you live in a neighborhood that was created before cars came to Arlington?
That last question was faced by the Arlington County Board in the 1960s, and their legislative solution involved the Aurora Highlands area. The first subdivision plat in Aurora Highlands was recorded in 1896, when no one was contemplating the need for public street parking. By the 1960s, Crystal City (which abuts Aurora Highlands) was already filled with many office buildings. To avoid paying parking garage fees, many Crystal City commuters went looking for free parking within walking distance – which meant they were parking on the narrow streets in Aurora Highlands. With clogged streets, and significant noise and traffic during rush hours, the residents were bringing many complaints to the County Board. With the contemplated opening of a Metro station in the mid-1970s, the County Board tried to get ahead of the problem by passing an ordinance requiring permits for parking in a six-block area in Aurora Highlands. Commuters were allowed to park in this area, but they would have to pay a fee.
A lawsuit to overturn the ordinance was filed by several commuters. The lawsuit in the Circuit Court was successful, and the County went back to the drawing board, with a detailed study of a nine-block area, consisting of 101 residences and 192 possible parking spaces on the streets. On the day of the study, 188 parking spaces were used, with 156 spaces occupied by commuter vehicles. With the study in hand, the County Board passed a new ordinance, this time limiting parking to residents during business hours. A lawsuit again was filed by a number of commuters, but also by a plaintiff who lived right outside the zoned area. He complained it was not fair that his neighbors could park in front of his house, but he could not park in front of their house. In other words, the ordinance violated “the equal protection of the law.”
The County again lost at the Circuit Court level and then lost on appeal to the Virginia Supreme Court. But a miracle happened, and the U.S. Supreme Court took up the appeal. To the amazement of all (but especially to the lawyers), the Warren Burger Court, in 1977, issued a two-paragraph per curiam opinion which held that such an ordinance was “rationally related” to public goals of improving quality of life and reducing dependence on automobile usage.
This ruling changed the way that localities throughout the nation could regulate public street parking. And it is this ruling which paved the way (pun intended) for Arlington’s robust Residential Parking Permit Program. There are at least 26 different restricted parking zones in Arlington, many of which are centered around Metro stations. But it all started in a neighborhood where the lots and streets were created in a subdivision plat recorded at a time when developers were worried only about making accommodations for a horse and buggy.