Title
To authorize the special use of the property known as 1101 North Arthur Ashe Boulevard for the purpose of a mixed-use building containing up to 29 dwelling units, with amenity spaces and commercial uses on the ground floor, upon certain terms and conditions.
Body
WHEREAS, the owner of the property known as 1101 North Arthur Ashe Boulevard, which is situated in a TOD-1 Transit-Oriented Nodal District, desires to use such property for the purpose of a mixed-use building containing up to 29 dwelling units, with amenity spaces and commercial uses on the ground floor, which use, among other things, is not currently allowed by section 30-457.2 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, the property known as 1101 North Arthur Ashe Boulevard and identified as Tax Parcel No. N000-1503/011 in the 2020 records of the City Assessor, being more particularly shown on a survey entitled “Exhibit Map of Two Parcels Totaling 0.49 Acres of Land Situated on the East Side of North Boulevard and the West Side of Myers Street, City of Richmond, Virginia,” prepared by Townes Site Engineering, and dated May 22, 2018, 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 containing up to 29 dwelling units, with amenity spaces and commercial uses on the ground floor, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Outlier, 1101 North Arthur Ashe Boulevard, Richmond, VA 23230,” prepared by Walter Parks Architects, dated January 31, 2020, and last revised April 24, 2020, 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 containing up to 29 dwelling units, with amenity spaces and commercial uses on the ground floor, substantially as shown on the Plans.
(b) No fewer than 31 off-street parking spaces shall be provided for the Special Use, substantially as shown on the Plans.
(c) All building elevations, materials, building colors, and site improvements shall be substantially as shown on the Plans. 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) Interior doors to bedrooms within dwelling units may contain exterior locking mechanisms.
(g) Up to six unrelated persons or combinations of related and unrelated persons may reside within individual dwelling units.
(h) Leases of occupancy shall be at least 30 days or greater in length.
§ 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 the installation of a sidewalk and an entrance along Myers Street and the installation of a street tree within the tree well along North Arthur Ashe Boulevard, 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. 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 property known as 1101 North Arthur Ashe Boulevard, for the purpose of a mixed-use building containing up to 29 dwelling units, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To authorize the special use of the property known as 1101 North Arthur Ashe Boulevard, for the purpose of a mixed-use building containing up to 29 dwelling units, upon certain terms and conditions.
REASON: The applicant has requested a special use permit to allow a mixed-use building to include dwelling units that will have five to six bedrooms with a communal kitchen and living area. The dwelling units are intended to be occupied by more than three unrelated persons. Furthermore, bedrooms will be lockable from the outside and not accessible to other tenants should they be unrented. These provisions are not allowed by the Zoning Ordinance, a Special Use Permit is therefore 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 a parcel totaling 13,343 SF (.309 acres) of land improved with a garage and unscreened parking area. The property is a part of the greater Scott’s Addition area in the City’s Near West Planning District, and has frontage on both North Arthur Ashe Boulevard and Myers Street.
The City of Richmond’s current Pulse Corridor Plan designates the subject property for Nodal Mixed Use (NO-MU). The plan calls for development aligned with the Transit-oriented district located immediately adjacent to the Pulse BRT or other frequent transit service at key gateways and prominent places in the city in order to provide for significant, urban-form development in appropriate locations. Higher-density pedestrian- and transit-oriented development encouraged on vacant and underutilized sites; new development should be urban in form and may be of larger scale than existing context. It should directly engage with the prominence of Nodal Mixed-Use places and the public realm. Highly active street frontages and urban design features that encourage pedestrian activity are required. Driveway entrances required to be off alleys whenever possible; new driveways prohibited on street-oriented commercial and priority street frontages. Little to no setback of new development unless to create pedestrian-oriented amenities like plazas and outdoor dining. Surface parking prohibited as a principal use; when surface parking is provided as an accessory use, it should be located to the rear of buildings and screened by shade trees. Parking requirements are reduced to allow more market-based parking strategies, including shared parking.
The property is currently zoned TOD-1 Transit-Oriented Nodal District as are surrounding parcels to the north, south, east, and west. A mix of commercial, residential, office, and institutional land uses are present in the area.
The intent of the TOD-1 district is to encourage dense, walkable transit-oriented development consistent with the objectives of the master plan and to promote enhancement of the character of this development along principal corridors, at key gateways, and at nodes of high activity located near transit service, bicycle infrastructure, and pedestrian-friendly streetscapes. The district regulations are also intended to safeguard the character of adjoining properties by only being applied in areas that meet the criteria above, with buffering by setbacks and screening or transitional districts to lower intensity residential areas.
The district regulations are intended to encourage redevelopment and place-making, including adaptive reuse of underutilized buildings, to create a high-quality urban realm. They are intended to improve streetscape character by providing continuity of building setbacks, to enhance public safety by encouraging an active pedestrian environment consistent with the mixed-use character of the district by providing for windows in building façades along street frontages, and to promote an environment that is safe for walking and biking.
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.: None
REQUIRED CHANGES TO WORK PROGRAM(S): None
ATTACHMENTS: Application Form, Applicant’s Report, Draft Ordinance, Plans, Survey, Map
STAFF: David Watson, Senior Planner, Land Use Administration (Room 511) 804-646-1036
Recommended Action
Key Issues:
Retain on Consent Agenda
Move to Regular Agenda
Refer Back to Committee
Remove from Council Agenda
Strike Withdrawn ---- Continue to: