New Cluster Development Ordinance Takes Shape

Members of the Fredericksburg Planning Commission met with representatives from area housing developers in a work session yesterday afternoon work the kinks out of embryonic revisions to a zoning ordinance for clustered housing developments in the city. 

Roy McAfee, chair of the Fredericksburg Planning Commission, said that the revisions to the city's cluster development ordinance are needed after the current version, which allows denser subdivisions, proved to be difficult to work with. 

"We had a cluster ordinance on the books that wasn't being used," said McAfee after the meeting. "When someone did try to use it, it turned out to be not useful and wasn't able to help the city preserve open space."

That "someone" mentioned by McAfee was a reference to the trials and tribulations which developers of Fredericksburg Park encountered when they ran into difficulty getting the project approved as a cluster subdivision. The project failed to gain the approval of the Planning Commission over concerns that developers were not properly adhering to the open space requirements. The current language of the cluster ordinance requires that 25 percent of the development property be set aside for a contiguous tract of open space. 

Larry Welford, a lawyer who represents the developers behind Fredericksburg Park (now and , was on hand at the meeting to lobby for a clustered development ordinance which was "practical."

"It's a group of very qualified people trying to solve a problem," said Welford after the meeting. "I think by having an open dialogue we can come up with a solution that is both sensible on paper and practical and workable."

Welford went on to say that if the ordinance isn't practical, no developer will opt to use it, and the city will end up losing open space regardless. 

Discussion at yesterday's work session focused on standard zoning topics like setbacks and lot width, and the opinion of those gathered seemed at times to take a lassaiez-faire approach. When minimum lot widths were brought up, McAfee asked if they were even necessary. 

"Why have it? Why have a minimum lot size? Let the market determine it," said McAfee, arguing that developers would not build that which "they couldn't sell."

Commissioners also discussed eliminating front yard setback requirements and having a minimum side yard setbacks of at least eight feet. 

Developers had concerns that eliminating the front yard setback would also restrict the length of driveways, creating increased need for on-street parking. 

Planning and Community Development Director Ray Ocel said that doing away with the front yard setback for clustered developments could result in greater interaction between neighbors. 

The meeting ended after about two hours. Staff in the city planning department returned to their offices armed with a roomful of opinions about how a new clustered development ordinance should look. The plan now is for city staff to produce a revised ordinance to present for a public hearing at the next Planning Commission meeting on June 8.