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To authorize the special use of the property known as 2727 West Broad Street for the purpose of a restaurant use with a nightclub that is open until 2:00 a.m., upon certain terms and conditions. (2nd District)
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WHEREAS, the owner of the property known as 2727 West Broad Street, which is situated in a B-5 Central Business District, desires to use such property for the purpose of a restaurant use with a nightclub that is open until 2:00 a.m., which use, among other things, is not currently allowed by sections 30-442.1:1, concerning principal uses permitted by conditional use permit, and 30-517, concerning signs regulations in a B-5 Central Business District, 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 property known as 2727 West Broad Street and identified as Tax Parcel No. W000-1214/018 in the 2024 records of the City Assessor, being more particularly shown on a survey entitled “Plat of Property Situated on the Western Line of West Broad Street and North of Mulberry Street, Richmond, VA.,” prepared by Steven B. Kent and Associates, P.C., and dated October 19, 2005, 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 restaurant use with a nightclub that is open until 2:00 a.m., hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Restaurant, 2727 West Broad Street, Richmond, Virginia,” prepared by Appich Architects, and dated January 17, 2024, hereinafter 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 restaurant use with a nightclub that is open until 2:00 a.m., substantially as shown on the Plans.
(b) No fewer than 12 off-street parking spaces shall be provided for the Special Use, substantially as shown on the Plans.
(c) All site improvements shall be 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.
(e) Outdoor dining on the Property shall be for the purpose of dinner service related to the restaurant use and shall only be in operation between the hours of 7:00 a.m. and 12:00 a.m. The outdoor dining area shall be limited to the extent shown on the Plans.
(f) Signs on the Property shall be limited to (i) signs permitted in all districts pursuant to section 30-505 of the Code of the City of Richmond (2020), as amended, (ii) signs permitted in the underlying zoning district, and (iii) one roof-mounted sign with an area no greater than 12 square feet.
(g) Hours of operation of the nightclub use shall be from 12:00 a.m. until 2:00 a.m. and the nightclub use shall not operate between the hours of 2:00 a.m. to 6:00 a.m.
(h) Operation of the nightclub use permitted by this Special Use permit does not constitute an exemption to providing sound control; the nightclub use shall be conducted strictly in accordance with Chapter 11, Article II of the Code of the City of Richmond (2020), as amended.
(i) A management plan detailing operation of the nightclub use, pursuant to section 30-1045.6(5) of the Code of the City of Richmond (2020), as amended, shall be submitted to the Zoning Administrator prior to establishing the nightclub use on the Property.
§ 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 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 730 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: February 14, 2024
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (by request)
(This is 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 property known as 2727 West Broad Street for the purpose of a restaurant with a nightclub that is open until 2:00 a.m., upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: The applicant is requesting a Special Use Permit to authorize restaurant with a nightclub that is open until 2:00 a.m., which use, among other things, is not currently allowed by section 30-442.1:1, concerning nightclubs, and section 30-517, concerning signage, of the Code of the City of Richmond (2020), as amended. A Special Use Permit is therefore required.
BACKGROUND: The property is in the Fan neighborhood situated on a block bounded by West Broad Street, North Mulberry Street, and North Arthur Ashe Boulevard. The property is currently an existing restaurant and night club on a 12,190 sq. ft. (0.28 acre) parcel. The City’s Richmond 300 Master Plan designates a future land use for the subject property as Destination Mixed-Use, which is defined as “Key gateways featuring prominent destinations, such as retail, sports venues, and large employers, as well as housing and open space. Located at the convergence of several modes of transportation, including Pulse BRT or other planned transit improvements.”
“Intensity: Buildings typically a minimum height of five stories.”
Primary Uses: Retail/office/ personal service, multi-family residential, cultural, and open space. Secondary Uses: Institutional and government.” P. 64
The current zoning for the property is located in an B-5 Central Business District which is adjacent to R-48 Multifamily Residential zoning district to the rear of the property. The site is located along West Broad Street, a Great Street, as designated in the Master Plan.
COMMUNITY ENGAGEMENT: The Fan Area Business Alliance and Fan District Association neighborhood association were notified of the application; additional community notification will take place after introduction.
STRATEGIC INITATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan
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: March 11, 2024
CITY COUNCIL PUBLIC HEARING DATE: April 8, 2024
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission, April 2, 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, Survey, Plans, Map
STAFF: Matthew Ebinger, Planning Supervisor - Land Use Administration 804-646-6308
Ray Roakes, Planner - Land Use Administration 804-646-5467