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To authorize the special use of the properties known as 2526 Floyd Avenue and 105 North Robinson Street to allow for certain uses permitted in the R-63 Multifamily Urban Residential District, upon certain terms and conditions, and to repeal Ord. No. 88-92-99, adopted Apr. 25, 1988, as amended by Ord. No. 89-41-46, adopted Mar. 13, 1989, as amended by Ord. No. 94-195-188, adopted Sept. 15, 1994, as amended by Ord. No. 99-196-208, adopted Jul. 12, 1999. (2nd District)
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WHEREAS, the owner of the properties known as 2526 Floyd Avenue and 105 North Robinson Street, which are situated in a R-6 Single-Family Attached Residential District, desires to use such properties for the purpose of certain uses permitted in the R-63 Multifamily Urban Residential District including those uses in sections 30-419.2 and 30-419.3 of the Code of the City of Richmond (2020), as amended, excluding laundromats and laundry and dry cleaning pick-up stations, tattoo parlors, and music and video production studios, which uses, among other things, is not currently allowed by section 30-412.1, concerning permitted principal uses, of the Code of the City of Richmond (2020), as amended; and
WHEREAS, in accordance with section 17.11 of the Charter of the City of Richmond (2020), as amended, it has been made to appear that, if granted subject to the terms and conditions set forth in this ordinance, the special use granted by this ordinance will not be detrimental to the safety, health, morals and general welfare of the community involved, will not tend to create congestion in streets, roads, alleys and other public ways and places in the area involved, will not create hazards from fire, panic or other dangers, will not tend to overcrowding of land and cause an undue concentration of population, will not adversely affect or interfere with public or private schools, parks, playgrounds, water supplies, sewage disposal, transportation or other public requirements, conveniences and improvements, and will not interfere with adequate light and air; and
WHEREAS, (i) the City Planning Commission has conducted a public hearing to investigate the circumstances and conditions upon which the Council is empowered to authorize such use, (ii) the City Planning Commission has reported to the Council the results of such public hearing and investigation and its recommendations with respect thereto, and (iii) the Council has conducted a public hearing on this ordinance at which the person in interest and all other persons have had an opportunity to be heard;
NOW, THEREFORE,
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. Finding. Pursuant to section 30-1050.1 of the Code of the City of Richmond (2020), as amended, the Council hereby finds that the special use set forth in and subject to the terms and conditions of this ordinance will not (i) be detrimental to the safety, health, morals and general welfare of the community involved, (ii) tend to create congestion in streets, roads, alleys and other public ways and places in the area involved, (iii) create hazards from fire, panic or other dangers, (iv) tend to overcrowding of land and cause an undue concentration of population, (v) adversely affect or interfere with public or private schools, parks, playgrounds, water supplies, sewage disposal, transportation or other public requirements, conveniences and improvements, or (vi) interfere with adequate light and air.
§ 2. Grant of Special Use Permit.
(a) Subject to the terms and conditions set forth in this ordinance, the properties known as 2526 Floyd Avenue and 105 North Robinson Street and identified as Tax Parcel Nos. W000-1120/027 and W000-1120/028, respectively, in the 2025 records of the City Assessor, being more particularly described in Exhibit A, a copy of which is attached to and made a part of this ordinance, hereinafter referred to as “the Property,” are hereby permitted to be used for the purpose of certain uses permitted in the R-63 Multifamily Urban Residential District including those uses in sections 30-419.2 and 30-419.3 of the Code of the City of Richmond (2020), as amended, excluding laundromats and laundry and dry cleaning pick-up stations, tattoo parlors, and music and video production studios, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “2526-2528 Floyd Ave,” prepared by Edward F. Sinnott, Jr., and dated February 1999, and “Konsta’s,” prepared by Edward F. Sinnott, Jr., and dated February 1999, and hereinafter referred to, collectively, as “the Plans,” copies of which are attached to and made a part of this ordinance.
(b) The adoption of this ordinance shall constitute the issuance of a special use permit for the Property. The special use permit shall inure to the benefit of the owner or owners of the fee simple title to the Property as of the date on which this ordinance is adopted and their successors in fee simple title, all of which are hereinafter referred to as “the Owner.” The conditions contained in this ordinance shall be binding on the Owner.
§ 3. Special Terms and Conditions. This special use permit is conditioned on the following special terms and conditions:
(a) The Special Use of the Property shall be certain uses permitted in the R-63 Multifamily Urban Residential District including those uses in sections 30-419.2 and 30-419.3 of the Code of the City of Richmond (2020), as amended, excluding laundromats and laundry and dry cleaning pick-up stations, tattoo parlors, and music and video production studios, substantially as shown on the Plans.
(b) The sale, rental, or viewing of any books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities shall not be permitted.
(c) Indoor live entertainment shall be permitted. The Property shall not be used for indoor live entertainment after 9:00 p.m. Sunday through Wednesday, after 11:00 p.m. on Thursday, and after 12:00 a.m. on Friday and Saturday.
(d) The sale of tobacco products, nicotine vapor products, alternative nicotine products, and products containing cannabis shall be prohibited.
(e) No off-street parking shall be required for the Special Use.
(f) The height of the buildings shall not exceed two stories, substantially as shown on the Plans.
(g) A canvas canopy may be installed at 2526 Floyd Avenue, substantially as shown on the Plans, except the canopy shall only extend a maximum of eight feet from the front of the building.
(h) Signs on the properties shall be limited to signs permitted in the R-63 Multifamily Urban Residential District pursuant to section 30-507.1 of the Code of the City of Richmond (2020), as amended, and signs substantially as shown on the Plans. Internally illuminated signs shall not be permitted.
(i) Nothing in this ordinance shall be construed to affect the rights of any property owner that adjoins the alley in common, which separates 2526 Floyd Avenue from 105 North Robinson Street.
(j) All building elevations shall be substantially as shown on the Plans.
(k) All mechanical equipment serving the Property shall be located or screened so as not to be visible from any public right-of-way.
§ 4. Supplemental Terms and Conditions. This special use permit is conditioned on the following supplemental terms and conditions:
(a) All required final grading and drainage plans, together with all easements made necessary by such plans, must be approved by the Director of Public Utilities prior to the issuance of the building permit.
(b) Storm or surface water shall not be allowed to accumulate on the land. The Owner, at its sole cost and expense, shall provide and maintain at all times adequate facilities for the drainage of storm or surface water from the Property so as not to adversely affect or damage any other property or public streets and the use thereof.
(c) Facilities for the collection of refuse shall be provided in accordance with the requirements of the Director of Public Works. Such facilities shall be located or screened so as not to be visible from adjacent properties and public streets.
(d) Any encroachments existing, proposed on the Plans or contemplated in the future shall require separate authorization and shall be subject to the applicable provisions of the Code of the City of Richmond (2020), as amended, and all future amendments to such laws.
(e) In all other respects, the use of the Property shall be in accordance with the applicable underlying zoning regulations.
§ 5. General Terms and Conditions. This special use permit is conditioned on the following general terms and conditions:
(a) No permit implementing this special use permit shall be approved until satisfactory evidence has been presented to the Zoning Administrator that any delinquent real estate taxes applicable to the Property have been paid.
(b) The Owner shall be bound by, shall observe and shall comply with all other laws, ordinances, rules and regulations applicable to the Property, except as otherwise expressly provided in this ordinance.
(c) Words and phrases used in this ordinance shall be interpreted to have the meanings ascribed to them by section 30-1220 of the Code of the City of Richmond (2020), as amended, unless the context clearly indicates that a different meaning is intended.
(d) Notwithstanding any other provision of law, this special use permit is being approved due, in part, to the mitigating effects of each and every condition attached hereto; consequently, if any portion of this ordinance is determined to be invalid for any reason by a final, non-appealable order of any Virginia or federal court of competent jurisdiction, the invalidity shall cause the entire ordinance to be void and of no further effect from the effective date of such order.
(e) The privileges granted by this ordinance may be revoked pursuant to the provisions of sections 30-1050.7 through 30-1050.11 of the Code of the City of Richmond (2020), as amended, and all future amendments to such laws. Failure to comply with the terms and conditions of this ordinance shall constitute a violation of section 30-1080 of the Code of the City of Richmond (2020), as amended, and all future amendments to such law, or any other applicable laws or regulations.
(f) When the privileges granted by this ordinance terminate and the special use permit granted hereby becomes null and void, whether as a result of the Owner relinquishing this special use permit in a writing addressed to the Director of Planning and Development Review or otherwise, use of the Property shall be governed thereafter by the zoning regulations prescribed for the district in which the Property is then situated.
§ 6. Implementation. The Zoning Administrator is authorized to issue a certificate of zoning compliance for the Special Use subject to the terms and conditions set forth in this ordinance. An application for the certificate of zoning compliance shall be made within 1,096 calendar days following the date on which this ordinance becomes effective. If the application for the certificate of zoning compliance is not made within the time period stated in the previous sentence, this ordinance and the special use permit granted hereby shall terminate and become null and void.
§ 7. Repeal of Prior Ordinances. That Ordinance No. 88-92-99, adopted April 25, 1988, and all amendatory ordinances thereto, be and are hereby repealed.
§ 8. Effective Date. This ordinance shall be in force and effect upon adoption.
City of Richmond
Intracity Correspondence
DATE: December 16, 2024
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (By request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: J.E. Lincoln Saunders, Chief Administrative Officer
THROUGH: Sharon L. Ebert, Deputy Chief Administrative Officer for Economic
Development and Planning
FROM: Kevin J. Vonck, Director of Planning & Development Review
RE: To authorize the special use of the properties known as 2526 Floyd Avenue and 105 North Robinson Street to allow for certain uses permitted in the R-63 Multifamily Urban Residential District, upon certain terms and conditions, and to repeal Ord. No. 88-92-99, adopted Apr. 25, 1988, as amended by Ord. No. 89-41-46, adopted Mar. 13, 1989, as amended by Ord. No. 94-195-188, adopted Sept. 15, 1994, as amended by Ord. No. 99-196-208, adopted Jul. 12, 1999.
ORD. OR RES. No.
PURPOSE: The applicant is requesting a Special Use Permit to authorize certain R-63 uses within a R-6 Single-Family Attached district. The desired uses are not permitted within the R-6 district and are not accommodated by the existing Special Use Permit authorized for the property. Therefore, the existing Special Use Permit is to be repealed to allow for the approval of this Special Use Permit.
BACKGROUND: The properties are located in the Fan neighborhood between N Robinson Street and N Davis Avenue. 2526 Floyd Avenue is a 1,650 square foot (0.038 acre) parcel of land improved with a two-story building. 105 N Robinson is 1,200 square foot (0.028 acre) parcel of land improved with a two-story building.
The City’s Richmond 300 Master Plan designates a future land use for the subject properties as Neighborhood Mixed-Use, which is defined as an “Existing or new highly-walkable urban neighborhoods that are predominantly residential with a small, but critical, percentage of parcels providing retail, office, personal service, and institutional uses.
Intensity: Building heights are generally two to four stories. Buildings taller than four stories may be found along major streets (see Street Typologies Map). Parcels are generally between 1,500 and 5,000 sq. ft.
Primary Uses: Single-family houses, accessory dwelling units, duplexes, small multi-family buildings (typically 3-10 units), and open space.
Secondary Uses: Large multifamily buildings (10+units), retail/office/personal service, institutional, cultural, and government.
The current zoning for this property is R-6 Single-Family Attached District. The area is generally residential and commercial properties.
COMMUNITY ENGAGEMENT: The Fan District Association is being engaged as part of this process. Area residents and property owners will be notified of public hearing dates once the ordinance is introduced.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan
FISCAL IMPACT: $300 Application Fee
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: January 13, 2025
CITY COUNCIL PUBLIC HEARING DATE: February 10, 2025
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission February 4, 2025
AFFECTED AGENCIES: Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Repeal Ord. No. 88-92-99 and subsequent amendments
ATTACHMENTS: Draft Ordinance, Application Form, Applicant’s Report, Plans
STAFF: Matthew Ebinger, Planning Supervisor, Land Use Administration (Room 511) 646-6308
Shaianna Trump, Planner Associate, Land Use Administration (Room 511) 646-7319