Amendments to Unified Development Ordinance Pass Unanimously
A unified council faced a flurry of public backlash; mayor says the amendments will not address affordable housing, but the city is examining other projects that will. | Public Hearing Notice
by Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
City Council on Tuesday unanimously approved on second read a series of amendments to the unified development ordinance that are designed to allow for more flexible housing options, as planning director Chuck Johnston described.
The four amendments will allow more than one single-family dwelling on a lot in planned development districts; provide “design flexibility” in planned development districts; provide a “density credit” for small dwelling units in planned development, creative maker and downtown commercial districts; and permit “two-over-two” vertically stacked townhouses where single-family attached dwellings are allowed.
The first two amendments only relate to areas of the city that are zoned for planned development. There are four types of planned development districts in the city—commercial, mixed use, residential and medical—and their purpose is to “permit a greater degree of flexibility in terms of layout, design and construction…than is found in conventional zoning classifications,” according to the city’s zoning codes.
According to the city’s zoning map, most of the planned development districts are west of Emancipation Highway, and include the Village of Idlewild, Eagle Village, Celebrate Virginia South and Central Park. East of Emancipation Highway, the only planned development districts are Fredericksburg Park and a small area around the old Silk Mill and Woolen Mill between Princess Anne and Caroline streets.
Johnston said that allowing more than one structure per lot in planned development zoning makes sense because “the nature of planned development is intended to allow flexibility and choice.”
The amendment would allow for different and more flexible ownership patterns, such as land being held jointly, by a co-op or by homeowner’s association—but it would not require multiple structures per lot, he said.
The density credit would apply to planned development districts as well as creative maker districts—of which there are two in the city, one in the area of Jackson Street and the other around the old hospital and immediately off of Princess Anne Street stretching up to Hawke Street—and the commercial downtown district.
It would apply to efficiency and one-bedroom apartments and two-bedroom townhouse units. It would allow for an efficiency unit less than 600 square feet to count as 1/2 of a dwelling unit, for a one-bedroom unit between 600 and 899 square feet to count as 2/3 of a dwelling unit, and for a two-bedroom townhouse to count as 3/4 of a unit.
In a report prepared for Council’s Tuesday meeting, staff wrote that the density credit is meant to “encourage housing diversity.”
“In addition to typically fewer people, fewer school age children per unit, lower proportional vehicle trips, lower utility usage, as lower rent/sales costs compared to larger units is anticipated,” the report states.
Johnston stressed that the density credit does not apply to single-family zoning districts.
He said that within the creative maker and downtown commercial zones, there are an estimated two dozen single-family homes that are occupied as single-family homes—but these already could be used for multi-family homes per current zoning.
“In some areas, you can do apartment buildings today where there are single-family residences in commercial downtown,” Johnston said. For this reason, he suggested that Council could discuss in the future establishing a buffer zone around the perimeter of downtown to allow for a “step down in the bulk of housing.”
A fourth amendment would expand the definition of “single-family attached dwelling” to include “two-over-two” townhouse arrangements, which cluster two two-story units in a single building with the exterior appearance of a single townhouse.
These two-over-twos will be permitted in the four residential districts where single-family attached dwellings are permitted.
This amendment does not increase the total allowed number or density of townhouses, or their maximum height, which is 35 feet.
Public comments
The city’s Planning Commission held public hearings on the amendments on June 14 and July 26 and there were no spoken and written comments, Johnston said Tuesday.
On December 12, when Council held a first public hearing and approved the first read of the amendments, there were three speakers in opposition. On Tuesday, there were at least 25 spoken and written comments in opposition to the amendments, and three in support.
Many of the speakers in opposition expressed concerns about the effects of increased density and development on the city’s character.
“I live in an area that is zoned commercial downtown and when my neighbor next door sells her house, I’ll have 12 units possibly built next door to me,” said Anne Little. “We all feel it, the small-town character seems to be melting away. As we add more development, we add hardscape and lose tree canopy.”
Others said that permitting more and smaller units will only benefit developers without making housing more affordable.
Former Council member Matt Kelly said that the new development at One Hanover is renting 600-square-foot units that start at $1,800-$2,000 per month. “
“That does not fall within an affordable range,” he said. “Density is not the solution.”
Sue Sargeant said the language of the amendments is too confusing and that it amounts to “stealth zoning.”
“You cannot dictate what landlords charge,” she said. “The smaller units will go for market rate. Developers will just pack in one or more units on a single lot in planned development and commercial downtown and creative maker districts. Don’t knock off our historic district with this haphazard spot zoning.”
The one public comment in support of the amendments came from Rupert Farley, who said more density will lead to more efficient public transportation.
“This is small step in that direction. A modest step,” he said.
In an email supporting the amendments, which was read aloud at Tuesday’s meeting, Andre Pineda wrote that he moved to Fredericksburg so he could raise his family in a neighborhood that is “racially, economically, ethnically and professionally diverse.”
“Escalating housing costs are a major problem,” he said, adding that young professionals, teachers, restaurant and retail staff “deserve a chance to live here and contribute to our social fabric.”
“I am not naive to think that the proposed ordinance will magically change everything for the better, but we must compromise and start somewhere,” Pineda wrote.
Council comments
Council members in general acknowledged that the language of the ordinance is confusing and that the amendments will not solve the city’s affordable housing crisis, but that they would support the amendments because they support flexibility in housing options.
“I think we get ourselves wrapped around the axle when we talk about density and units,” said Will Mackintosh, At Large representative. “What we’re really talking about is people. For me, that’s the core moral question—who do we think should live in our city and where do we think they should live and under what circumstances?”
“We’re not talking about moving large numbers of people around,” he continued. “We’re talking about redistributing, internal to the building, the arrangement in which people can live.”
Ward 1 representative Jason Graham also said his support of the amendments is part of his “moral decision-making when it comes to housing.”
“That’s the idea that not everyone can afford a single-family home at any given time and providing that opportunity for choice to me is the morally correct path,” he said.
Mayor Kerry Devine said the city’s housing stock is “very low.”
“The housing stock we have just does not fill the needs of people who live and work in Fredericksburg,” she said. “I have not looked at this ordinance as the answer to all affordability needs. It’s not. We are looking at other projects that may address that more. This is (meeting) housing needs for people who live here and to retain a lot of our young people who can’t move back to Fredericksburg.”
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Excellent reporting. Any occupied house is technically affordable, so for a lack of definition what we are really talking about is density. The adopted changes are a responsible response to demographics, which are barreling toward us like a freight train and are beyond a locality's control. Managed growth is a comforting term but requires effective planning, which the city responsibly did the other night. The city ain't like it used to be, and never was.
Thank you for providing fair and evenhanded reporting, Adele:)