ITEM ITEM #8C

MEMORANDUM

TO: Tim Baroody, City Manager FROM: Mike Craig, Zoning Administrator Susanna Finn, Community Development Planner DATE: August 15, 2017 (for the August 22, 2017 meeting) RE: Proposed Unified Development Ordinance Text Amendment– Historic District

Floodplain Density ISSUE Should the City Council initiate a text amendment to the Unified Development Ordinance to remove the 50% reduction of residential density when 25% or more of a site is in the 100 year floodplain and the 75% reduction of residential density for sites containing 15% to 24% floodplain, within certain areas of the Historic Fredericksburg Overlay District outside of the regulatory floodway? RECOMMENDATION Initiate the text amendment. WORKSESSION BACKGROUND The proposed text amendment was the subject of a worksession on August 8, 2017. During the worksession the Council asked for additional information about the proposed text amendment on the following subjects:

1. Is removing the floodplain restriction in the core of the historic district the correct big picture policy?

Since 2010, there have been three applications for special exceptions either related to density or directly from § 72-51.1(b) within the Historic Overlay District:

1. Hanover One requested a special exception from the pre-UDO ordinance to increase the maximum residential density from 24 units per acre by-right to 40 units per acre at the corner of Hanover and Sophia Streets as part of a five story Mixed Use Project. The exception was approved on August 27, 2013.

2. AGV Properties, LLC requested a special exception from § 72-51.1(1)(b) to develop four single family homes at 221-231 Charles St. The exception was approved on May 27, 2014.

3. Timbernest, LTD requested a special exception from § 72-51.1(1)(b) to redevelop 13 existing units at 512-521 Sophia Street. The exception was approved on September 27, 2016. Timbernest, LTD has applied for an amendment to the special exception to change a large upperstory multi-family unit into three multi-family units (the Planning Commission recommended approval of the exception at their August 9 meeting and the item will be before City Council on September 12).

In addition, a pre-application Technical Review Committee meeting was held with AGV Properties, LLC on April 13, 2017 to discuss the renovation and conversion of the historic coffee warehouse at

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306 Frederick Street into a mixed use project to include retail space, townhouses and apartments. The project is within the 100 year floodplain (floodfringe) and would include a request to use the full by-right density without the reduction imposed by § 72-51.1(b). Approval of repeated requests for Special Exceptions are one indication that a zoning ordinance may not be realistic or appropriate. The density special exceptions requested within the Downtown core of the City have all been supported in part because the City envisions the Downtown as being the center of City life and values the restoration, renovation, and redevelopment of property within the historic core. Any new development is reviewed by the Architectural Review Board to ensure compatability with the existing core. In addition, requiring a lower density in the City’s core would create a development pattern out of character and inconsistent with the existing historic pattern of development.

2. What impact will climate change have on floodplain levels in the City of Fredericksburg? The Flood Insurance Rate Maps (FIRMs) prepared and provided by FEMA represent a snapshot in time and therefore do not include the impacts of future conditions, such as long-term erosion, sea level change/sea level rise, changes in precipitation patterns, or changes in upland land use and development (Source: FEMA Coastal Flood Risk Mapping Process). The purpose of the FIRM process is to guarantee that property owners in the floodplain can buy flood insurance at a consistent rate. The FIRMs are updated periodically at which time FEMA will remodel the watershed using updated historical water discharge rates and surveyed river cross sections. There are several components that could produce increased risk of flooding. In riverine areas like Fredericksburg, increased flooding risks would be precipitated by an increase in frequency and intensity of storms. As part of the floodplain mapping process, FEMA mapped a regulatory floodway for the City of Fredericksburg. The regulatory floodway is the most sensitive area in need of protection to convey extreme storms. This proposed ordinance will keep the existing restrictions on density in the floodway in place. In coastal areas, increased flooding risk relates to sea level rise and land subsidence. The Rappahannock River in Fredericksburg is tidal, but the lowest elevation of the regulatory floodway in the City is roughly 12 feet above static river level and that is at the City dock park. The second lowest elevation of the floodway designation is 25 feet above static river level and is at the Charlotte and Sophia Street intersection. In order for a storm surge to affect the City, it would have to push the water 12 – 25 feet out of its banks, which could happen, but is unlikely.

3. The City Council requested hard copies of the map that was shown on the screen at the worksession. Hardcopies of the map will be distributed prior to the worksession on August 22.

BACKGROUND § 72-51.1(1)(b) reduces the maximum residential density permitted on unbuildable lands, when the sum of such features comprises 15% to 24% of the site, by 75%. Unbuildable lands are defined as: [1] One-hundred-year frequency floodplains; [2] Slopes in excess of 25%; [3] Quarries or landfills, abandoned mines, or excavation areas; and [4] Soils determined to be unbuildable for residential and street development;

The City’s historic core generally aligns with the boundaries of the Historic Distirct between Dunmore Street and the Old Mill District and is a total of 225 acres. As shown on the attached map, 61 acres of the core were built within the 100 year floodplain. The 100 year floodplain consists of the Floodfringe

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shown hatched in cyan on the attached map and the Floodway shown hatched in pink. Out of the 61 acres, 33 acres are within the regulatory floodway and 28 acres are within the floodfringe. This change would only apply to the acreage in the floodfringe. The City’s floodplain overlay district controls development within the floodplain. Development within the floodfringe is permitted by-right and the purpose of the overlay district is to ensure that buildings adhere to the proper standards in the building code. Development in the floodfringe does not impact the City’s regulatory Base Flood Elevation established by the Federal Emergency Management Agency and will not affect flood insurance premiums in the City of Fredericksburg. Development in the floodway requires approval through the Federal Emergency Management Agency, which may require remodeling of flood impacts and redesignation of the regulatory Base Flood Elevation. There are 856 total parcels in the historic district and this text amendment would apply to 232 of them (27%). Planning staff identified that the main potential impact of this text amendment could be the removal of the residential density restriction on vacant properties. The attached map was used to evaluate this action. The removal of the floodplain restriction would permit an additional 22 units within the historic district. The majority of the units would be in two areas: 306-312 Frederick Street would have the right to 4 units restored and Home Properties at the end of Caroline Street would have the right to 8 units restored. The public hearing schedule for this proposed amendment would be:

1. Ordinance initiation: August 22, 2017 2. Planning Commission public hearing: September 13, 2017 3. City Council public hearing: October 9, 2017

CONCLUSION The proposed text amendment would reduce the regulatory barriers to redevelopment within the City’s historic core and should be initiated for formal review. ATTACHMENTS

1. Map of Vacant Parcels Affected by Flood Plain Density Limitations (a hard copy of the map will be distributed on August 22

CAROLINE ST

SOPHIA ST

PRINCESS ANNE ST

CHARLES ST

PITT

ST

PRINCE EDWARD ST

LEW

IS S

T

WOLF

E ST

WILL

IAM S

T

AMEL

IA S

T

HAWK

E ST

DIXON ST

HANO

VER

ST

WINCHESTER ST

FAUQ

UIER

ST

GEOR

GE S

T

CHAR

LOTT

E ST

LAFA

YETT

E BL

VD

CANA

L ST

FRED

ERIC

K ST

DUNM

ORE

ST

KENMORE AVE PRIN

CESS

ELIZA

BETH

ST

ROCK

Y LN

CHARLES ST

CAROLINE ST

PRINCESS ANNE STFORD

ST

FORD

ST

Mill District

Historic Fredericksburg District - Downtown

Vacant Parcels Affected by Flood Plain Density Limitations

0 0.25 0.50.125 Miles¸

Additional Units # of Parcels1 52 34 18 1

22 10

Flood Way/100 Year Flood Plain (ch ange doesn't apply)LEGEND

100 Year Flood Plain (ch ange applies)Vacant Parcels w ith Affected Units

● URBAN DESIGN CENTER ●

MOTION: August 22, 2017 Regular Meeting

SECOND: Resolution 17-__ RE: Initiating Amendments to the Unified Development Ordinance for Land

Within the Historic Fredericksburg District, to Remove the 50% Reduction of Residential Density when 25% or More of the Site is in the 100 Year Floodplain; and to Remove the 75% Reduction of Residential Density for Sites Containing 15% to 24% Floodplain

ACTION: APPROVED: Ayes: 0; Nays: 0

City Code §72-51.1(1)(a) reduces the maximum residential density permitted on “unbuildable lands,” which are described as that area of a site containing any or all of the following features, when the sum of such features comprises 25% or more of the site: (1) one-hundred-year frequency floodplains, (2) slopes in excess of 25%, (3) quarries or landfills, abandoned mines, or excavation areas, and (4) soils determined to be unbuildable for residential and street development, by 50%. In addition, City Code §72-51.1(1) (b) reduces the maximum residential density permitted on unbuildable lands, when the sum of such features comprises 15% to 24% of the site, by 75%. The area within the Historic Fredericksburg District contains land located in the floodway and the floodplain, but it is also an area where dense residential development follows the historic pattern of City development, and where the City Council wishes to encourage residential redevelopment. The safety of residential construction in the floodplain is addressed through the Virginia Uniform Statewide Building Code. Floodplain regulations require inhabited levels of new construction to be elevated above the floodplain, among other safety requirements. Residential redevelopment that conforms to modern safety regulations is a desired outcome of these proposed amendments. This amendment is not intended to remove the residential density reductions that apply to land in the floodway, or on land that is otherwise unbuildable.

Therefore, the City Council hereby resolves that: • The public purpose for this amendment is to encourage residential redevelopment in the

Historic Fredericksburg District, for continued residential density in this area, and for the development of new residential units that conform to modern safety standards.

• The City Council hereby initiates amendments to City Code Chapter 72, the Unified Development Ordinance, to remove the reductions for maximum residential density on unbuildable lands in the Historic Fredericksburg District.

• The City Council refers this proposal to the Planning Commission for review, public hearing, and recommendation under the procedures set forth in City Code §72-22.1.

August 8, 2017 Resolution 17-__

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Votes: Ayes: Nays: Absent from Vote: Absent from Meeting:

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Clerk’s Certificate

I certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 17-__, adopted at a meeting of the City Council held August 8, 2017, at which a quorum was

present and voted.

____________________________________ Tonya B. Lacey, CMC

Clerk of Council

MOTION: [date] Regular Meeting SECOND: Ordinance No. 17-__ RE: Amending the Unified Development Ordinance for land within the Historic

Fredericksburg District, to remove the 50% reduction of residential density when 25% or more of the site is in the 100 year floodplain; and to remove the 75% reduction of residential density for sites containing 15% to 24% floodplain.

ACTION: APPROVED; Ayes: 0; Nays: 0 First read: ______________________ Second read: __________________________

It is hereby ordained by the Fredericksburg City Council that City Code Chapter 72, “Unified Development Ordinance,” is amended as follows.

I. Introduction. The purpose of this amendment is to permit and encourage residential redevelopment in the Historic Fredericksburg District by removing the reductions in maximum residential density that would otherwise apply in the 100-year floodplain. City Code §72-51.1(1)(a) reduces the maximum residential density permitted on “unbuildable lands,” which are described as that area of a site containing any or all of the following features, when the sum of such features comprises 25% or more of the site: (1) one-hundred-year frequency floodplains, (2) slopes in excess of 25%, (3) quarries or landfills, abandoned mines, or excavation areas, and (4) soils determined to be unbuildable for residential and street development, by 50%. In addition, City Code §72-51.1(1) (b) reduces the maximum residential density permitted on unbuildable lands, when the sum of such features comprises 15% to 24% of the site, by 75%. The area within the Historic Fredericksburg District contains land located in the 100-year floodplain, but it is also an area where dense residential development follows the historic pattern of City development, and where the City Council wishes to encourage residential redevelopment.

[date]

Ordinance 17-__

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The safety of residential construction in the floodplain is addressed through the Virginia Uniform Statewide Building Code. Floodplain regulations require inhabited levels of new construction to be elevated above the floodplain, among other safety requirements. Residential redevelopment that conforms to modern safety regulations is a desired outcome of these proposed amendments. This amendment is not intended to remove the residential density reductions that apply to land in the floodway, or on land that is otherwise unbuildable. The City Council adopted a resolution to initiate this text amendment at its meeting on August 22, 2017. The Planning Commission held its public hearing on the amendment on ____________, after which it voted to recommend the amendment to the City Council. The City Council held its public hearing on this amendment on ___________________. In adopting this ordinance, City Council has considered the applicable factors in Virginia Code § 15.2-2284. The City Council has determined that public necessity, convenience, general welfare and good zoning practice favor the requested rezoning. II. City Code Amendment. City Code Chapter 72, “Unified Development Ordinance,” Article 72-5, “Development Standards,” Section 72-51.1, “Density requirements,” is amended as follows: Sec. 72-51.1 Density requirements.

A. Density requirements.

(1) Unbuildable lands.

(a) Fifty percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the following features, when the sum of such features comprises 25% or more of such site:

[1] One-hundred-year frequency floodplains;

[date]

Ordinance 17-__

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[2] Slopes in excess of 25%; [3] Quarries or landfills, abandoned mines, or excavation areas; and [4] Soils determined to be unbuildable for residential and street development.

(b) Seventy-five percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the features set forth in § 72-51.1A(1) above when the sum of such features comprises 15% to 24% of such site.

(c) The area of a site within the Historic Fredericksburg District that is in the one-hundred-year frequency floodplain, but is not in the floodway or otherwise unbuildable, is exempt from the residential density reductions in (a)(1) and (b).

[The remainder of this section is not amended.] SEC. III. Effective Date. This ordinance is effective immediately. Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: Approved as to form: ___________________________ Kathleen Dooley, City Attorney

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Clerk’s Certificate

[date]

Ordinance 17-__

Page 4

I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Ordinance No. 17- duly adopted at a meeting of the City Council meeting held Date, 2017 at which a

quorum was present and voted.

____________________________________ Tonya B. Lacey, CMC

Clerk of Council