Title
To authorize the special use of the properties known as 1809 and 1815 East Franklin Street for the purpose of uses allowed in the B-5 Central Business District, including dwelling units on the ground floor without the application of certain requirements of City Code § 30-442.1(6), upon certain terms and conditions.
BODY
WHEREAS, the owners of the properties known as 1809 East Franklin Street and 1815 East Franklin Street, which are situated in a B-5 Central Business District on part of a block that may be designated as street oriented commercial frontage subject to certain requirements of section 30-442.1(6) of the Code of the City of Richmond (2015), as amended, desire to use such properties for the purpose of uses permitted in the B-5 Central Business District, including dwelling units on the ground floor, which use, among other things, may not currently be allowed by section 30-442.1(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 (2018), 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 properties known as 1809 East Franklin Street and 1815 East Franklin Street and identified as Tax Parcel Nos. E000-0132/004 and E000-0132/007, respectively, in the 2019 records of the City Assessor, being more particularly shown on a survey entitled “Survey of 1811 - 1817 E. Franklin, City of Richmond, Virginia,” prepared by Long Surveying, LLC, and dated March 19, 2012, a copy of which is attached to and made a part of this ordinance, hereinafter referred to as “the Property,” is hereby permitted for uses allowed in the B-5 Central Business District, including dwelling units on the ground floor without the application of certain requirements of section 30-442.1(6) of the Code of the City of Richmond (2015), as amended, hereinafter referred to as “the Special Use.”
(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 consist of uses permitted in the B-5 Central Business District, provided that dwelling units shall be permitted on the ground floor of any buildings without the need for the Owner to comply with those provisions of section 30-442.1(6) of the Code of the City of Richmond (2015), as amended, which require that, when dwelling units are located within buildings fronting on streets designated as street oriented commercial frontage, (i) a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district and (ii) such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress.
(b) All mechanical equipment serving the property shall be located or screened so as not to be visible from any public right-of-way.
§ 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, 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: February 13, 2019 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: Selena Cuffee-Glenn, Chief Administrative Officer
THROUGH: Douglas C. Dunlap, Interim Deputy 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 1809 and 1815 East Franklin Street for the purpose of waiving the requirement of the street-oriented commercial frontage designation of the properties, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To authorize the special use of the properties known as 1809 and 1815 East Franklin Street for the purpose of waiving the requirement of the street-oriented commercial frontage designation of the properties, upon certain terms and conditions.
REASON: The applicant wishes to remove the street oriented commercial requirement from the properties fronting on East Franklin Street to allow for residential uses on the ground floor of existing buildings.
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 April 1, 2019, meeting.
BACKGROUND: The properties combined consist of .24 acres of improved land located in the East Planning District of the Shockoe Bottom neighborhood. The property is also within the Shockoe Bottom Station Area of the Pulse Corridor Plan.
The City of Richmond’s current Pulse Corridor Plan designates the subject property as Corridor Mixed Use (CMU). The Plan calls for specific characteristics within this category and is “…envisioned to provide for medium density pedestrian and transit oriented infill development to fill “missing teeth” of the corridor fabric. 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 or respond to unique site characteristics and opportunities for redevelopment. Active commercial uses required on principal street frontages. Ground floor residential uses should have street oriented facades with setbacks, front yards, porches, and balconies where appropriate. Driveway entrances required to be off alleys whenever possible; new driveways prohibited on street oriented commercial and priority street frontages. Parking lots and areas are located on the rear of buildings and require screening; shared parking requirements are encouraged to allow for commercial development while ensuring adequate residential parking. Potential future zoning districts: UB-2, B-5, B-6, RF-1, or a new district.” (City of Richmond, Pulse Corridor Plan, 2018)
A mix of B-5, B-5C and M-1 zoning districts are present in the vicinity. A mix of office, commercial, mixed use, industrial, vacant, and residential land uses are present in the vicinity.
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: $1,800 application fee
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: March 11, 2019
CITY COUNCIL PUBLIC HEARING DATE: April 8, 2019
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission, April 1, 2019.
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
City Assessor (for preparation of mailing labels for public notice)
RELATIONSHIP TO EXISTING ORD. OR RES.: None
REQUIRED CHANGES TO WORK PROGRAM(S): None
ATTACHMENTS: Application Form, Applicant’s Report, Draft Ordinance, Survey, Map.
STAFF: Jonathan Brown, Senior Planner
Land Use Administration (Room 511) 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: