Title
To amend and reordain Ord. No. 2017-129, adopted Oct. 9, 2017, which authorized the special use of the property known as 1704 Arlington Road for the purpose of illuminated canopy signage, to modify the permitted uses, upon certain terms and conditions.
Body
I. That Ordinance No. 2017-129, adopted October 9, 2017, is hereby amended and reordained as follows:
WHEREAS, the owner of the property known as 1704 Arlington Road, which is situated in a M-2 Heavy Industrial District, desires to use such property for the purpose of illuminated canopy signage, which use, among other things, does not meet the area requirements of section 30-504 of the Code of the City of Richmond (2015), as amended, and for the purpose of a freestanding sign, which use, among other things, is not currently allowed by section 30-454.6 of the Code of the City of Richmond (2015), as amended; and
WHEREAS, in accordance with section 17.11 of the Charter of the City of Richmond
(2010), 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 (2015), 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 1704 Arlington Road and identified as Tax Parcel No. N000-1317/003 in the [2017] 2020 records of the City Assessor, being more particularly described in a deed recorded among the land records of the Clerk of the Circuit Court of the City of Richmond as Instrument No. 13-20135, a copy of which is attached to and made a part of [this ordinance] Ordinance No. 2017-129, adopted October 9, 2017, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of illuminated canopy signage and a freestanding sign, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “3200 North Boulevard / Canopy,” prepared by Superior Signs, LLC, dated August 5, 2016, and revised August 1, 2017, [hereinafter referred to as “the Plans,”] copies of which are attached to and made a part of [this ordinance] Ordinance No. 2017-129, adopted October 9, 2017, and on the plans entitled “3200 North Boulevard / Hi-Rise,” prepared by Superior Signs, and dated January 9, 2020; “ExxonMobil,” prepared by Federal Heath Visual Communications, and dated April 4, 2018; “Exxon 140 Double Pole Sgn, Principal Quik Stik LED Illumianted [sic],” prepared by Federal Heath Sign Company, and dated February 26, 2018; and the untitled sheet, prepared by an unknown preparer, and undated, hereinafter referred to collectively as “the Plans,” copies of which are attached to and made a part of this amendatory 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 illuminated canopy signage, substantially as shown on the [Plans] plans attached to Ordinance No. 2017-129, adopted October 9, 2017, and a freestanding sign substantially as shown on the Plans attached to and made a part of this amendatory ordinance.
(b) The dimensions of the illuminated canopy signage shall not exceed the dimensions shown on the [Plans] plans attached to Ordinance No. 2017-129, adopted October 9, 2017, and the dimensions of the freestanding sign shall not exceed the dimensions as shown on the Plans attached to and made a part of this amendatory ordinance.
(c) Illumination of the canopy signage shall be substantially as shown on the [Plans] plans attached to Ordinance No. 2017-129, adopted October 9, 2017, and illumination of the freestanding sign shall be internal. The lettering and logo on the freestanding sign shall be translucent and the background shall be opaque.
(d) The freestanding sign shall not exceed a height of 85 feet.
(e) The structural integrity of the freestanding sign shall be verified by a certified professional engineer prior to the issuance of a building permit for the freestanding sign and evidence of such verification shall be provided to the Director of Planning and Development Review.
(f) The freestanding sign structure and base shall have all loose and peeling paint removed after which it shall be painted black.
§ 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 (2015), 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 (2015), 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 (2015), 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 (2015), 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, or when the Special Use of the Property as authorized by this ordinance is abandoned for a period of 730 consecutive calendar days, 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.
II. This amendatory ordinance shall be in force and effect upon adoption.