Title
To authorize the special use of the properties known as 1041 North Lombardy Street, 1480 Moore Street, and 1500 Moore Street for the purpose of multifamily dwellings containing a total of up to 90 dwelling units, with off-street parking, upon certain terms and conditions.
Body
WHEREAS, the owner of the properties known as 1041 North Lombardy Street, 1480 Moore Street, and 1500 Moore Street, which are situated in a M-1 Light Industrial District and a R-6 Single-Family Attached Residential District, respectively, desires to use such properties for the purpose of multifamily dwellings containing a total of up to 90 dwelling units, with off-street parking, which use, among other things, is not currently allowed by sections 30-412.1 and 30-452.1 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 (2019), 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, (i) the properties known as 1041 North Lombardy Street, 1480 Moore Street, and 1500 Moore Street and identified as Tax Parcel Nos. N000-0676/001, N000-0677/016, and N000-0677/014, respectively, in the 2020 records of the City Assessor, and (ii) a portion of Moore Street closed to public use and travel as a right-of-way in accordance with Ordinance No. 2020-_____, adopted ___________ _____, 2020, being more particularly shown on a survey entitled “Plat Showing Two Parcels of Land Lying on the East Line of North Lombardy Street,” prepared by Koontz Bryant Johnson Williams, and dated July 17, 2019, and on a survey entitled “ALTA / NSPS Land Title Survey Showing Three Parcels of Land Lying on the North Line of West Moore Street,” prepared by Koontz Bryant Johnson Williams, and dated August 23, 2019, copies of which are attached to and made a part of this ordinance, hereinafter referred to, collectively, as “the Property,” are hereby permitted to be used for the purpose of multifamily dwellings containing a total of up to 90 units, with off-street parking, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Sylvia Place, City of Richmond, Virginia,” prepared by Koontz Bryant Johnson Williams, and dated March 18, 2020, “Sylvia Place,” prepared by Koontz Bryant Johnson Williams, and dated May 8, 2020, and the untitled plans prepared by Stanley Martin, and undated, 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 multifamily dwellings containing a total of up to 90 dwelling units, substantially as shown on the Plans.
(b) No more than 197 off-street parking spaces shall be provided for the Special Use, substantially as shown on the Plans.
(c) All building elevations, materials, and site improvements, including landscaping and walkways, shall be substantially as shown on the Plans. Any vinyl siding shall be at least 0.044 inches in thickness. Alternative designs, materials, and colors may be used, subject to the approval of the Director of Planning and Development Review in accordance with applicable law, prior to the issuance of a building permit.
(d) The height of the Special Use shall not exceed the height as shown on the Plans.
(e) All mechanical equipment serving the Property shall be located or screened so as not to be visible from any public right-of-way.
(f) Short-term parking for no fewer than six bicycles shall be provided, substantially as shown on the Plans.
(g) Prior to the issuance of any final certificate of occupancy for the Special Use, the portion of Moore Street located between North Lombardy Street and Bowe Street, as shown enclosed with bold lines on a drawing prepared by the Department of Public Works, designated as DPW Drawing No. N-28921, dated August 12, 2020, and entitled “Proposed Closing to Public Use and Travel of Moore Street between N Lombardy Street and Bowe Street,” a copy of which is attached to Ordinance No. 2020-_____, adopted ___________ _____, 2020, and as shown on a survey entitled “Plat Showing Two Parcels of Land Lying on the East Line of North Lombardy Street,” prepared by Koontz Bryant Johnson Williams, and dated July 17, 2019, and on a survey entitled “ALTA / NSPS Land Title Survey Showing Three Parcels of Land Lying on the North Line of West Moore Street,” prepared by Koontz Bryant Johnson Williams, and dated August 23, 2019, copies of which are attached to and made a part of this ordinance, shall first have been closed to public use and travel as a public right-of-way in accordance with Ordinance No. 2020-_____, adopted ___________ _____, 2020.
§ 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) The Owner shall make improvements within the right-of-way, including installation of 18 parking spaces along Bowe Street, street trees along Bowe Street and North Lombardy Avenue, and a new entrance to North Lombardy Street, 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 (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, 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. Repeal of Prior Ordinance. That Ordinance No. 2008-294-2009-35, adopted March 9, 2009, be and is hereby repealed.
§ 8. Effective Date. This ordinance shall be in force and effect upon adoption.
O & R Request
DATE: May 22, 2020 EDITION: 1
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (Patron: Mayor, by Request)
(This is no way reflects a recommendation on behalf of the Mayor.)
THROUGH: Lenora G. Reid, Acting Chief Administrative Officer
THROUGH: Sharon L. Ebert, Chief Administrative Officer for Economic Development
and Planning
FROM: Mark A. Olinger, Director, Department of Planning and Development Review
RE: To authorize the special use of the properties known as 1041 North Lombardy Street, 1480 Moore Street and 1500 Moore Street, and a portion of Moore Street, for the purpose of up to 45 two-family attached dwellings with off-street parking, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To authorize the special use of the properties known as 1041 North Lombardy Street, 1480 Moore Street and 1500 Moore Street, and a portion of Moore Street, for the purpose of up to 45 two-family attached dwellings with off-street parking, upon certain terms and conditions.
REASON: The applicant has requested a special use permit to allow for 45 two-family attached dwellings. This use is not permitted by underlying zoning. A Special Use Permit is required to accomplish this request.
RECOMMENDATION: In accordance with the requirements of the City Charter and the Zoning Ordinance, the City Planning Commission will review this request and make a recommendation to City Council. This item will be scheduled for consideration by the Commission at its July 20, 2020, meeting.
BACKGROUND: The subject property consists of three parcels totaling 3.5 acres, and is a part of the Carver neighborhood in the City’s Near West Planning District and the Allison Street station area of the Pulse Bus Rapid Transit system. The parcels front on North Lombardy Street and Bowe Street, and are bisected by Moore Street. The property at 1041 North Lombardy Street is currently improved with 3-story condominiums, constructed in 2010, and surface parking. The Moore Street properties are improved with industrial/commercial uses and surface parking.
The City of Richmond’s Pulse Corridor Plan designates the subject property for Neighborhood Mixed-Use (NMU) land use. Neighborhood Mixed-use areas are cohesive districts that provide a mix of uses, but with a larger amount of residential uses than other mixed-use districts. They are an urban, walkable environment with limited neighborhood-oriented uses incorporated along key commercial corridors and at corner sites. The building size, density, and zoning districts for these areas will vary depending on historic densities and neighborhood characteristics. New development should be in scale with existing context. Regardless of use, buildings should have street-oriented facades with windows and door openings along street frontages. Appropriate setbacks and open space should be provided for residential uses. New driveway entrances prohibited on priority streets. Vehicular access to parcels should use alleys where possible. Parking lots and parking areas should be located to the rear of street-facing buildings. Potential future zoning districts for NMU are R-8, R-63, UB, UB-2, and others as appropriate. Primary uses within NMU are offices and multi-family residential. Secondary uses include retail, personal services, cultural, institutional, plazas, and pocket parks. (2017 City of Richmond, Pulse Corridor Plan, p. 31)
The property is currently zoned M-1 Light Industrial and R-6 Single-Family Attached Residential. Surrounding parcels to the west and east are zoned. Properties to the west are zoned R-53 MultiFamily Residential, properties to the south are R-7 Single- and Two-Family Residential, parcels to the east are zoned R-6 and properties to the north are zoned M-1. A mix of commercial, residential, office, and institutional land uses are present in the area.
FISCAL IMPACT / COST: The Department of Planning and Development Review does not anticipate any impact to the City’s budget for this or future fiscal years.
FISCAL IMPLICATIONS: Staff time for processing the request; preparation of draft ordinance; and publishing, mailing and posting of public notices.
BUDGET AMENDMENT NECESSARY: No
REVENUE TO CITY: $2,400 application fee
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: June 22, 2020
CITY COUNCIL PUBLIC HEARING DATE: July 27, 2020
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission
July 20, 2020
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Repeal Ordinance No. 2008-294-2009-35
REQUIRED CHANGES TO WORK PROGRAM(S): None
ATTACHMENTS: Application Form, Applicant’s Report, Draft Ordinance, Plans, Survey, Map
STAFF: Jonathan Brown, Senior Planner, Land Use Administration (Room 511) 804-646-5734
Recommended Action
Key Issues:
Retain on Consent Agenda
Move to Regular Agenda
Refer Back to Committee
Remove from Council Agenda
Strike Withdrawn ---- Continue to: