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Council approves rezoning, townhome CUP and new limits on quick reapplications; hires consultant for UDC
Summary
Fredericksburg council approved a rezoning modification for 707 N. Milam (R1→C1), granted a conditional use permit for a 19‑unit New Vista townhome project with conditions (buffers, sidewalks, tree preservation, 90‑day plat timeline), adopted code changes limiting quick reapplications for zoning/CUPs, and authorized up to $175,000 to start a Unified Development Code rewrite with Kimley Horn.
Fredericksburg City Council approved multiple development items Tuesday: it altered a rezoning request at 707 North Milam to C1 instead of the applicant’s requested C2, granted a conditional use permit (CUP) to New Vista Development to build 19 townhomes at 1032 South Milam with specified conditions, adopted text amendments that impose a cooling‑off period for reapplications after denial, and authorized the city manager to negotiate a contract up to $175,000 with Kimley Horn to begin drafting a Unified Development Code (UDC).
On the Milam rezoning (request Z2522), staff explained the city’s newly adopted comprehensive plan identifies the corridor as Mixed Use Community Corridor and allows some commercial zoning; Planning & Zoning recommended denial of C2 because of spot‑zoning concerns, while staff said C1 would be a more compatible outcome. Council voted to deny the requested C2 and approve C1 as an alternate underlying zoning district.
On the New Vista conditional use permit (Z2523), developer P.V. McMahon proposed 19 townhomes on a 4.87‑acre portion of a larger development; staff reported the proposal meets code limits on building coverage (proposed 43% within a 55% max), impervious cover (55% within a 70% max), height (1–2 stories within a 3‑story, 38‑foot maximum), and parking (76 on‑site spaces proposed). Staff and neighbors negotiated conditions: a 20‑foot wide buffer between the new townhomes and existing Windcrest townhomes, an easement for retaining‑wall maintenance, work‑hour restrictions (7 a.m.–7 p.m.), staff input on tree preservation/removal, a 90‑day plat submittal timeline, and sidewalks connecting the development to adjacent pedestrian routes. Planning & Zoning did not reach a formal recommendation on the CUP; because of that procedural status the code requires a supermajority (4–1) to approve; council voted unanimously to approve the CUP with the stated conditions.
Council also adopted text amendments to sections 5.27(o) and 5.47(o) establishing resubmittal wait periods for substantially similar rezoning requests or CUPs (six months to one year depending on circumstances), with a Director‑level exception if adjacent conditions have substantially changed. Staff said the rules align Fredericksburg with neighboring communities and reduce repeated burdens on neighbors and staff.
Finally, staff recommended — and council approved — Kimley Horn to begin the UDC process with authority for the city manager to negotiate a contract up to $175,000 (budgeted under planning). The UDC project is intended to consolidate development regulations and align zoning practice with the 2024 comprehensive plan.
Votes of record: the New Vista CUP passed on a recorded roll call (Council member Watson, Mayor Pro Tem Kirchner, Mayor Hoover, Council member Klein, Council member Edson all recorded “Aye”). Other motions were recorded as carried in the meeting transcript.
Next steps: staff will return with finalized CUP conditions and any ordinance language implementing the reapplication timeline; the city manager will negotiate Kimley Horn’s contract with performance milestones.
