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To amend Ord. No. 2021-326, adopted Dec. 13, 2021, which authorized the special use of the property known as 1807 Harwood Street for the purpose of up to three two-family detached dwellings, upon certain terms and conditions, to revise the plans, upon certain terms and conditions. (8th District)
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I. That Ordinance No. 2021-326, adopted December 13, 2021, be and is hereby amended and reordained as follows:
WHEREAS, the owner of the [property] properties known as 1803A Harwood Street,1807 Harwood Street, and 1809 Harwood Street, which [is] are situated in a R-5 Single-Family Residential District, desires to use such [property] properties for the purpose of up to three two-family detached dwellings, which use, among other things, is not currently allowed by section 30-410.1 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 amendatory ordinance, the [property] properties known as 1803A Harwood Street, 1807 Harwood Street, and 1809 Harwood Street and identified as Tax Parcel [No.] Nos. S007-1082/023, S007-1082/019, and S007-1082/024, respectively, in the [2021] 2025 records of the City Assessor, being more particularly shown on a survey entitled “Survey Plat Showing Existing Improvements to #1805 & 1807 Harwood Street, City of Richmond, Virginia,” prepared by Shadrach & Associates LLC, and dated August 14, 2020, a copy of which is attached to and made a part of this amendatory ordinance, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of up to three two-family detached dwellings, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled [“Duplex at 1805 & 1807 Harwood Street, Richmond, Virginia,”] “Duplex at 1805 / 1807, 1803(A) / 1803(B) Harwood Street Duplexes, Richmond, Virginia,” prepared by Z.S. Becker Design, and dated [January 26, 2021] October 31, 2024, copies of which are attached to and made a part of this amendatory ordinance, and “Plat of Division of Tax Parcel S007-1082/019, Being #1805/1807 Harwood Street, City of Richmond, Virginia,” prepared by Shadrach & Associates LLC, and dated March 9, 2021, [and hereinafter referred to, collectively, as “the Plans,”] copies of which are attached to and made a part of [this ordinance] Ordinance No. 2021-326, adopted December 13, 2021, and hereinafter referred to, collectively, as “the Plans.”
(b) The adoption of this amendatory 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 amendatory 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 amendatory 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 up to three two-family detached dwellings, substantially as shown on the Plans.
(b) No less than two off-street parking spaces per dwelling unit shall be provided, substantially as shown on the Plans.
(c) All elevations and site improvements shall be substantially as shown on the Plans. Building siding shall consist of cementitious siding or similar material.
(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) Prior to the issuance of a certificate of occupancy for the Special Use, the subdivision of up to three residential lots, substantially as shown on the Plans, shall be accomplished by obtaining the necessary approvals from the City and recording the appropriate plats and deeds among the land records of the Clerk of the Circuit Court of the City of Richmond.
§ 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 amendatory ordinance. An application for the building permit shall be made within [730] 1,096 calendar days following the date on which this amendatory 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 amendatory 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.
City of Richmond
Intracity Correspondence
O&R Transmittal
DATE: February 10, 2025
TO: The Honorable Members of City Council
THROUGH: The Honorable Dr. Danny Avula, Mayor (by request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: Sabrina Joy-Hogg, Interim Chief Administrative Officer
THROUGH: Sharon L. Ebert, DCAO for Economic Development and Planning
FROM: Kevin J. Vonck, Director, Planning and Development Review
RE: To amend Ord. No. 2021-326, adopted Dec. 13, 2021, which authorized the special use of the property known as 1807 Harwood Street for the purpose of up to three two-family detached dwellings, upon certain terms and conditions, to revise the plans, upon certain terms and conditions.
PURPOSE: A special use permit (Ord. 2021-326) authorized the subject property for up to three duplexes. The owner intends to build the approved duplexes, but wants to significantly alter the designs that were proposed on the original SUP. The Department of Planning and Development review advised the owner that such changes to the designs warrant applying to amend the SUP, as shown in the current application.
BACKGROUND: The subject property is in the R-5 Single-Family Residential District and two-family detached dwellings are not permitted uses in this zoning district. In addition, the proposed new parcels do not meet all of the lot feature requirements of the zoning district in which they are located. Ord. 2021-326 authorized the subdivision and construction of up to three two-family detached dwellings in substantial conformance with attached plans. The proposed new plans call for the demolition and reconstruction of the existing nonconforming two-family dwelling as well as a redesign of the previously authorized two-family dwelling.
COMMUNITY ENGAGEMENT: The Hampton Gardens Civic Association, Stonewall Court Civic Association, and the Westhampton Citizens Association were contacted regarding this proposal. Additional notification will take place after introduction.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: The City’s Richmond 300 Master Plan designates the property for Residential uses which consists primarily of single-family houses on large- or medium-sized lots more homogeneous in nature. Duplexes and multi-family housing are secondary uses under this designation.
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 10, 2025
CITY COUNCIL PUBLIC HEARING DATE: April 14, 2025
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission. April 1, 2025
AFFECTED AGENCIES: Law Department (for review of ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Amendment of Ord. No. 2021-326
ATTACHMENTS: Application Supporting Documents
STAFF: Matthew J. Ebinger, Planning Supervisor - Land Use Administration 804-646-6308
David Watson, Senior Planner, Land Use Administration, 804-646-1036