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To authorize the special use of the property known as 3308 East Marshall Street for the purpose of a mixed-use building with outdoor dining, upon certain terms and conditions. (7th District)
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WHEREAS, the owner of the property known as 3308 East Marshall Street, which is situated in a UB Urban Business District, desires to use such property for the purpose of a mixed-use building with outdoor dining, which use, among other things, is not currently allowed by section 30-433.2, concerning permitted principal and accessory uses, 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 3308 East Marshall Street and identified as Tax Parcel No. E000-0884/017 in the 2025 records of the City Assessor, being more particularly shown on a survey entitled “3302 E. Marshall St., Mixed Use Redevelopment, Existing Conditions, Demolition Plan, & ESCP,” prepared by Kine Vue, LLC, and dated September 8, 2022, 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 with outdoor dining, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Special Use Request for Outdoor Seating Areas, 3302-3308 E Marshall ST, Richmond, VA 23223,” prepared by ADO/Architecture Design Office, and dated May 9, 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 mixed-use building with outdoor dining, substantially as shown on the Plans.
(b) Off-Street parking shall not be required for the Special Use.
(c) The Property shall not be used for outdoor dining before 6:00 a.m. and after 11:00 p.m.
(d) The outdoor dining area shall not exceed the maximum occupancy capacity allowed by the Virginia Uniform Statewide Building Code.
(e) All materials and site improvements shall be substantially as shown on the Plans and subject to the conditions of the Certificate of Appropriateness issued by the Commission of Architectural Review on October 24, 2023, in response to Application No. COA-098251-2021.
§ 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 Zoning Administrator is authorized to issue a certificate of zoning compliance for the Special Use subject to the terms and conditions set forth in this ordinance. An application for the certificate of zoning compliance shall be made within 1,096 calendar days following the date on which this ordinance becomes effective. If the application for the certificate of zoning compliance is not made within the time period stated in the previous sentence, 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: December 16, 2024
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (By request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: J.E. Lincoln Saunders, Chief Administrative Officer
THROUGH: Sharon L. Ebert, Deputy Chief Administrative Officer for Economic
Development and Planning
FROM: Kevin J. Vonck, Director of Planning & Development Review
RE: To authorize the special use of the property known as 3308 East Marshall Street for the purpose of a mixed-use building with outdoor dining, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: The applicant is requesting a Special Use Permit (SUP) to authorize a mixed-use building with outdoor dining, which use, among other things, is not currently allowed by section 30-30-433.2, concerning permitted principal and accessory uses, of the Code of the City of Richmond (2020), as amended. A Special Use Permit is therefore required.
BACKGROUND: The property is located in the Chimborazo neighborhood, on the north side of East Marshall Street near its intersection with North 33rd Street. It consists of a 11,023-square-foot (0.253-acre) parcel. A mixed-use building, approved under POD-110029-2022, has received all necessary Certificates of Appropriateness from the Commission of Architectural Review and is currently under construction on the site. This SUP is requested to authorize the proposed outdoor dining area.
The property is zoned UB Urban Business District, which generally prohibits outdoor dining within 100 feet of properties in residential zoning districts. The proposed outdoor dining area is situated approximately 67 feet from the R-8 Urban Residential District to the north. Therefore, the applicant seeks a Special Use Permit to allow this use in compliance with zoning regulations.
The City’s Richmond 300 Master Plan designates a future land use for the subject property as Neighborhood Mixed-Use, which is defined as “Existing or new highly-walkable urban neighborhoods that are predominantly residential with a small, but critical, percentage of parcels providing retail, office, personal service, and institutional uses.”
“Intensity: Building heights are generally two to four stories. Buildings taller than four stories may be found along major streets (see Street Typologies Map). Parcels are generally between 1,500 and 5,000 sq. ft. Primary Uses: Single-family houses, accessory dwelling units, duplexes, small multi-family buildings (typically 3-10 units), and open space. Secondary Uses: Large multifamily buildings (10+units), retail/office/personal service, institutional, cultural, and government.”
The property is also situated within an area designated as a Micro Node in the Richmond 300 Master Plan. Micro Nodes are described as “A notable place within a neighborhood that generally provides goods and services to the immediate residents but may attract visitors… Micro Nodes provide mixed-use destinations within primarily residential areas and help create a unique sense of place within many of Richmond’s historic urban neighborhoods. Micro Nodes are a model for future development as new neighborhoods emerge. (p. 24)”
COMMUNITY ENGAGEMENT: The Church Hill Association of RVA was notified of the application; additional community notification will take place after introduction.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan
FISCAL IMPACT: $300 application fee.
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: January 13, 2025
CITY COUNCIL PUBLIC HEARING DATE: February 10, 2025
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission February 4, 2025
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, Map
STAFF: Matthew Ebinger, Planning Supervisor, Land Use Administration, 804-646-6308
Alyson Oliver, Planner, Land Use Administration, 804-646-3709