Title
To authorize the special use of the property known as 3615 East Broad Street for the purpose of a single-family detached dwelling, upon certain terms and conditions.
Body
WHEREAS, the owner of the property known as 3615 East Broad Street, which is situated in a R-8 Urban Residential District, desires to use such property for the purpose of a single-family detached dwelling, which use, among other things, is not currently allowed by section 30-413.15(1)(c) 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 3615 East Broad Street and identified as Tax Parcel No. E000-1290/009 in the 2020 records of the City Assessor, being more particularly shown on a survey entitled “Physical Improvement Survey, 3615 East Broad Street, City of Richmond, Virginia,” prepared by E.D. Lewis & Associates, P.C., and dated October 16, 2019, 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 single-family detached dwelling, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “3615 East Broad Street - New House Plans, Sojo Enterprises LLC,” prepared by Obsidian, dated July 13, 2018, and last revised July 24, 2018, 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 single-family detached dwelling, substantially as shown on the Plans and as described in the applicant’s report, a copy of which is attached to and made a part of this ordinance.
(b) All mechanical equipment serving the Property shall be located or screened so as not to be visible from any public right-of-way.
(c) The height of the Special Use shall not exceed the height as shown on the Plans.
(d) No off-street parking spaces shall be required for the Special Use.
(e) All building materials and elevations shall be substantially as shown on the Plans, unless otherwise approved by the Commission of Architectural Review.
§ 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 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 730 calendar days following the date on which this ordinance becomes effective. If the application for the certificate of zoning compliance is not made with 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.
O & R Request
DATE: December 16, 2019 EDITION: 1
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (Patron: Mayor, by Request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: Lenora G. Reid, Acting Chief Administrative Officer
THROUGH: Sharon L. Ebert, 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 property known as 3615 E. Broad Street to allow a single-family home, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To authorize the special use of the property known as 3615 E. Broad Street to allow a single-family home, upon certain terms and conditions.
REASON: The request will provide relief from errors made by both the city staff and the applicant’s agents by authorizing a waiver of the front yard maximum requirement for a new single family detached dwelling, located in the R-8, Urban Residential District. The building was not constructed in compliance with zoning approval. A front yard of 14.82’ ± was required based on Sec. 30-413.15(1)(c) of the zoning ordinance. In this instance the building located at 3617 East Broad Street more closely represented the average of the front yard for all buildings on the block. The dwelling was constructed with a front yard of 20.4’. Other yard setback requirements; height and lot coverage are met.
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 February 3, 2020, meeting.
BACKGROUND: The .098 acre subject property contains a newly constructed three-story single-family dwelling. It is located midblock on the eastbound side of E. Broad Street between N. 36th Street and the terminus of E. Broad Street with alley access in the rear. The parcel is 25 feet wide and 175 feet in depth, for a total of 4,271 square feet of area. The property is located in the Chimborazo neighborhood as well as the City Old and Historic Chimborazo Park District and the Oakwood-Chimborazo National Historic District.
The City of Richmond’s Master Plan designates a future land use category for the subject property as single-family medium density. Primary uses are single-family and two-family dwellings, both detached and attached, at densities between 8-20 units per acre. The Master Plan’s Neighborhoods and Housing chapter notes general goals for the provision of a variety of housing choices in neighborhoods.
As noted in the applicant’s narrative, the single-family dwelling was built based on plans stamped and approved by the city’s Building Permits Office. With CAR approval, front yard setback for the property was determined by aligning the setback with the structure located at 3611 E. Broad Street instead of the adjacent parcel as required by the zoning ordinance. The adjacent parcel is vacant. This resulted in a front yard setback of 20 feet instead of the required 18 feet. By allowing the front yard setback to align to the structure at 3611 E. Broad Street, conformity of the street frontage is maintained in this area.
The subject property, as well as all the adjacent properties to the north, south, east and west are located in the R-8 Urban Residential District. To the northeast, across E. Broad Street is a property containing apartments and located in the R-53 Multifamily Residential District. The surrounding blocks contain primarily single-family residential uses.
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: Application fee waived
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: January 13, 2020
CITY COUNCIL PUBLIC HEARING DATE: February 10, 2020
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission February 3, 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:
STAFF:
Recommended Action
Key Issues:
Retain on Consent Agenda
Move to Regular Agenda
Refer Back to Committee
Remove from Council Agenda
Strike Withdrawn ---- Continue to: