Downzoning - Part II (Tysons Corner)

Now that we have established downzoning is permissible under Virginia law (even in Fairfax County, Mr. Connolly), let's examine whether it should be considered for Tysons Corner. Yes, rather than add density, should the existing density be reduced?

As our Supreme Court indicated, downzoning should not be undertaken on a whim. As the judges said in the Snell case, "The Virginia landowner always confronts the possibility that permissible land use may be changed by a comprehensive zoning ordinance reducing profit prospects; yet, the Virginia statutes assure him that such a change will not be made suddenly, arbitrarily, or capriciously but only after a period of investigation and community planning." The BoS has appointed the "Tysons Task Force" from a cross-section of county residents. They have been meeting for well over a year to study and discuss land use at Tysons. We have established a prima facie case that we are satisfying the concerns of the court as to deliberation.

The Task Force must consider the impact of any growth at Tysons on public infrastructure. To do otherwise would be to neglect its responsibility to the county and its residents. Key, but not exclusive, to this analysis is traffic, transit and road capacity. It is very likely that the data and analysis would conclude that the existing size of Tysons Corner without building a single new structure, whether by right (as it would conform to the existing Comprehensive Plan) or by request for either rezoning within the Comprehensive Plan, as is being requested for Tysons I, or by amending the Plan, as is being sought by many landowners, overwhelms the capacity of the existing transportation infrastructure. In more blunt language, we cannot handle what we have today.

If the existing roads cannot handle the existing number of automobiles, why add more to the mix? Moreover, we already know that adding the multi-billion dollar Silver Line does not fix the traffic problem. Absent a solution to the traffic problem, adding any more buildings to Tysons Corner would have a negative impact on the public health, safety, or welfare. According to state law, the county is permitted (and morally required) not to take action that would have a negative impact on such concerns. Would we find it acceptable for the BoS to eliminate the requirement that children have already received certain vaccinations before entering school? Of course not. That would harm the public health, safety, or welfare.

So why is traffic any different? It's not. Fairfax County would have ample evidence not only to deny Plan amendments and rezoning applications, but also to amend the existing plan with downzoning. The legal case is solid. Later, I'll discuss the policy issues. It may be lawful to downzone Tysons Corner, but would it also be a wise thing to do?