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To authorize the special use of the properties known as 1600 Roseneath Road and 3406 West Moore Street for the purpose of a mixed-use building, upon certain terms and conditions. (2nd District)
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WHEREAS, the owner of the properties known as 1600 Roseneath Road and 3406 West Moore Street, which are situated in a B-7 Mixed-Use Business District, desires to use such properties for the purpose of a mixed-use building, which use, among other things, is not currently allowed by section 30-446.7, concerning height, 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 1600 Roseneath Road and 3406 West Moore Street and identified as Tax Parcel Nos. N000-1791/005 and N000-1791/004 in the 2024 records of the City Assessor, being more particularly shown on a survey entitled “ALTA/NSPS Land Title Survey, Roseneath Moore Multifamily,” prepared by Bohler, and dated July 10, 2023, a copy of which is attached to and made a part of this ordinance, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of a mixed-use building, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “1600 Roseneath, 1600 Roseneath Rd, Richmond, VA 23230,” prepared by vhb, and dated May 2, 2024, and “Special Use Permit Package, 01.10.24,” prepared by Morris Adjmi Architects, and dated January 10, 2024, hereinafter, collectively, referred to 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 as a mixed-use building, substantially as shown on the Plans.
(b) Off-street parking shall be provided for the Special Use, substantially as shown on the Plans.
(c) The height of the Special Use shall not exceed eight stories, substantially as shown on the Plans.
(d) 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) The Owner shall make improvements within the right-of-way, including the installation of new sidewalk, street trees, bicycle racks, and a pet waste station along Norfolk Street, Roseneath Road, and West Moore Street, substantially as shown on the Plans, which improvements may be completed in one or more phases as approved by the Director of Public Works. All improvements and work within the public right-of-way shall be (i) completed in accordance with the requirements of the Director of Public Works, (ii) considered completed only upon written confirmation by the Director of Public Works that such improvements and work are in accordance with such requirements, and (iii) transferred to the City, following the written confirmation by the Director of Public Works, pursuant to a transfer of interest document approved as to form by the City Attorney and accepted by the Chief Administrative Officer or the designee thereof on behalf of the City. The Chief Administrative Officer or the designee thereof, for and on behalf of the City, is hereby authorized to accept, in the manner for which this subsection provides, all improvements and work required by and meeting the requirements of this subsection. The final certificate of occupancy shall not be issued for the Property until all requirements of this subsection are fully satisfied.
(f) 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 Commissioner of Buildings is authorized to issue a building permit substantially in accordance with the Plans for the Special Use subject to the terms and conditions set forth in this ordinance. An application for the building permit shall be made within 1,096 calendar days following the date on which this ordinance becomes effective. If either the application for the building permit is not made within the time period stated in the previous sentence or the building permit terminates under any provision of the Virginia Statewide Building Code, this ordinance and the special use permit granted hereby shall terminate and become null and void.
§ 7. Effective Date. This ordinance shall be in force and effect upon adoption.
City of Richmond
Intracity Correspondence
O&R Transmittal
DATE: June 18, 2024
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (Patron: Mayor, by Request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: J.E. Lincoln Saunders, Chief Administrative Officer
FROM: Kevin J. Vonck, Director of Planning & Development Review
RE: To authorize the special use of the properties known as 1600 Roseneath Road and 3406 Moore Street for the purpose of a mixed-use building, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: The applicant is requesting a Special Use Permit to authorize eight stories within a B-7 Mixed Use Business District which currently allows for five stories. All other conditions are to align with the B-7 sections. A Special Use Permit is therefore required.
BACKGROUND: The properties are located in the Scott’s Addition neighborhood on Roseneath Road between Norfolk and West Moore Streets. The properties are currently combined commercial uses with 121,956 sq. ft. (2.8 acre) improved parcels of land, including a 110,763 sq. ft. office building, constructed in 1950 and a 17,650 sq. ft. light manufacturing building, constructed in 1940. The City’s Richmond 300 Master Plan designates a future land use for the subject property as Industrial Mixed Use, which is defined as “Formerly traditional industrial areas that are transitioning to mixed-use because of their proximity to growing neighborhoods and changes in market conditions. These areas may still retain some light industrial uses.” Intensity: Medium- to high-density, three to eight stories. Primary Uses: Retail/office/personal service, multi-family residential, cultural, and open space. Secondary Uses: Institutional and government. (p. 62)
The current zoning for this property is B-7 Mixed Use Business District. All adjacent and nearby properties are located within the same B-7 zone, with some nearby areas zones TOD-1 Transit Oriented Nodal District. The area is primarily mixed use residential, with some small industrial uses remaining in the vicinity.
COMMUNITY ENGAGEMENT: The Scott’s Addition Organization was notified of the ap-plication; additional community notification will take place after introduction.
STRATEGIC INITATIVES AND OTHER GOVERNMENTAL: None
FISCAL IMPACT: The Department of Planning and Development Review does not anticipate any impact to the City’s budget for this or future fiscal years.
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: June 24, 2024
CITY COUNCIL PUBLIC HEARING DATE: July 22, 2024
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission, July 16, 2024
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: None
ATTACHMENTS: Draft Ordinance, Application Form, Applicant’s Report, Plans, Survey, Map
STAFF: Jonathan Brown, Senior Planner, Land Use Administration (Room 511) 646-5734