The sentiment inside Fredericksburg’s downtown library theater last week was so devoid of dissent as to verge on monolithic, with resident after resident expressing support for the creation of neighborhood conservation districts.
“Everybody in here is in favor of this, I think,” observed one person during the conversation, which was hosted by the Historic Fredericksburg Foundation, Inc. “This is kind of like curing world hunger. What is the kind of pushback and who would object to this kind of effort?”
For an answer, look no further than Tuesday’s city council work session.
The usually-amicable prelude to the body’s regular meeting turned contentious as councilors outlined their divergent stances following a presentation from Senior Historic Resources Planner Kate Schwartz.
In her presentation, Schwartz outlined the Virginia code 15.2.-2306, which allows for the creation of both historic and neighborhood conservation districts. She explained that districts may be administered by a review board and often include provisions requiring approval for demolition, construction and renovation.
Schwartz also displayed data pertaining to population density, land area and income levels of historic districts in cities across the country.
“They tend to be the most dense areas in cities,” Schwartz said. “The criteria would be very similar.”
For a neighborhood to be considered, said Schwartz, an architectural survey would determine the age of buildings, architectural significance and association with notable people and events in history.
“It would look a lot like a historic district,” said Schwartz, who noted that the city already utilizes the code to administer its historic and gateway corridor overlay districts.
Potential areas of regulation for such a district include building width averaging, building addition/scale, minimum facade transparency, required facade features/regulating lanes, context-based housing arrangement, and demolition.
And that’s when things blew up, rhetorically speaking.
Councilor Jason Graham (Ward 1) expressed concerns about housing affordability in the context of restrictions that are applied in conservation districts.
“If we create this, we’re setting off a ticking time bomb of policy,” Graham said.
Councilor Will Mackintosh (at-large) said he “caught a lot of hedging” with regard to the data Schwartz presented with property values. Mackintosh referenced the College Terrace neighborhood, which has a current zoning of R-4 but at a much higher existing density due to “cottage courts” and smaller apartment buildings.
“If they want to preserve the character, they have to preserve all aspects of the character,” Mackintosh said. “They don’t get to preserve only the single-family homes.”
He also suggested that residents — as opposed to only property owners — be factored into a neighborhood’s application.
For his part, Councilor Jon Gerlach (Ward 2) cautioned his colleagues not to game the system excessively regarding affordability and market forces.
“We can’t play Sim City here,” Gerlach said, referring to the classic construction and management simulator. “If we presume to think that we can really put our thumbs on the scale of affordability… if we over-develop a neighborhood, there’s no way to undo that.”
Gerlach raised the hypothetical of an investor purchasing several contiguous lots in a neighborhood as the type of scenario for which an ordinance could come in handy.
In response, Mackintosh asked if the statute allows for exemptions to be made for developers who meet certain benchmarks for affordability.
Newly-promoted Planning Director Mike Craig, who hadn’t spoken up to that point in the discussion, said that incentive-based zoning is possible but not without challenges in practice.
“I will caution you all that by using those metrics, people then have to track the affordability of their tenants, their income levels,” he said. “That’s something people don’t typically want to do, tracking 30 years’ worth of salaries for the people they rent to.”
As he is wont to do on occasion, Vice Mayor Chuck Frye Jr. (Ward 4) steered the discussion in a meta-philosophical direction, asking what, exactly, defines a neighborhood? Frye gave the example of Crowfoot Bottom, parts of which are now considered Darbytown.
“I have family on Charles Street that have never been part of a neighborhood,” he said.
After Gerlach and Graham briefly talked over one another, Mayor Kerry Devine attempted to segue to the next item on the agenda.
“Is there some direction for city staff?” City Manager Tim Baroody asked, leaning toward Devine and adding, “I don’t mean to put you on the spot.”
Devine responded that she would like city staff to return with guidance on what constitutes a neighborhood.
Gerlach objected, reasoning that the development of neighborhood criteria should be the second step of the process only after an ordinance is developed.
“I will vote down this ordinance in a heartbeat if we do not have zoning,” Graham interjected.
“Hang on, man,” Gerlach shot back. “Have you read the Charlottesville ordinance?”
“Of course I haven’t,” Graham said. “I’m concerned with what we do here. And if we’re doing something undefined, that’s a Pandora’s box. I’m not going near that.”
Ultimately, Devine said that she’d like an ordinance and criteria to be developed on a “parallel track.”
“This is the best work session we’ve had in a long time,” Frye said with a laugh.
