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File #: ORD. 2020-229    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 8/13/2020 In control: City Council
On agenda: 11/2/2020 Final action: 11/9/2020
Title: To authorize the special use of the property known as 3406 East Broad Street for the purpose of a two-family detached dwelling, upon certain terms and conditions.
Patrons: Mayor Stoney (By Request)
Attachments: 1. Ord. No. 2020-229, 2. Staff Report, 3. Application Form & Applicant's Report, 4. Plans & Survey, 5. Map, 6. Letter of Support_Church Hill Association, 7. Letter of Opposition

Title

To authorize the special use of the property known as 3406 East Broad Street for the purpose of a two-family detached dwelling, upon certain terms and conditions.

Body

 

WHEREAS, the owner of the property known as 3406 East Broad Street, which is situated in a R-8 Urban Residential District, desires to use such property for the purpose of a two-family detached dwelling, which use, among other things, is not currently allowed by sections 30-413.14(3), concerning lot area and width, and 30-710.1(3), concerning off-street parking, 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 (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 (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 3406 East Broad Street and identified as Tax Parcel No. E000-0974/021 in the 2020 records of the City Assessor, being more particularly shown on a survey entitled “Survey and Plat of The Property Known as #3406 E. Broad Street in the City of Richmond, VA,” prepared by Edwards, Kretz, Lohr & Associates, PLLC, and dated February 9, 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 two-family detached dwelling, substantially as shown on the plans entitled “Site Plan,” prepared by Tayne Renmark, and dated July 13, 2020; “19-Ujwala Warek, Apartment Elevation,” prepared by Dinah Crute Design, and dated November 12, 2019; and “19-Ujwala Warek, Apartment Floor Plan,” prepared by Dinah Crute Design, dated August 18, 2019, and last revised August 24, 2019, hereinafter referred to, collectively, 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 two-family detached dwelling, substantially as shown on the Plans.

(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)                     No off-street parking shall be required for the Special Use.

(d)                     Secure bicycle storage for no less than two bicycles shall be provided on the Property.

§ 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 with 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:                     September 14, 2020                                                                                                                              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, Dept. of Planning and Development Review

 

RE:                     To authorize the special use of the property known as 3406 East Broad Street for the purpose of a two-family detached dwelling, upon certain terms and conditions.

 

ORD. OR RES. No.                                          

 

 

PURPOSE:  To authorize the special use of the property known as 3406 East Broad Street for the purpose of a two-family detached dwelling, upon certain terms and conditions.

 

REASON:  The applicant is proposing to convert an existing basement into a second dwelling unit for the purpose of home occupancy or for a separate rental unit. The property is currently located in the R-8 Urban Residential District, which permits two-family attached dwellings.  However, the proposed plan does not meet the requirements for lot area and width, as well as the minimum off-street parking requirement. A special use permit is therefore required.

 

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 October 5, 2020, meeting. A letter outlining the Commission’s recommendation will be forwarded to City Council following that meeting.

 

BACKGROUND:  The subject property consists of a single family attached dwelling.  The total size of the parcel is 3,209 SF, or .07 acres of improved land. The existing 2-story, building is 3,472 SF and was constructed, per tax assessment records, in 1930. The property is a part of the Church Hill neighborhood in the East Planning 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 for this category include “…single family and two family dwellings, both detached and attached, at densities of 8 to 20 units per acre.  Includes residential support uses such as schools, places of worship, neighborhood parks and recreation facilities, and limited public and semi-public uses. Typical zoning classifications that may accommodate this land use category: R 5A, R-6, and R-7.” (City of Richmond Master Plan). The density of the parcel if developed would be approximately 28 units per acre. Two-family attached dwellings containing two or more stories are permitted in the R 8 District, however, the proposal does not meet the lot area and width within the R-8, or parking requirements for two-family dwellings. The minimum lot area requirement for a two-family attached dwelling is 3,400 square feet. The lot area of the property is 3,209 square feet. The minimum lot width requirement for a two-family attached dwelling is 28 feet. The lot width of the property is approximately 25 feet. The off-street parking requirement for two-family dwellings within the R-8 District is a minimum of two spaces. No off-street parking is planned as a part of this application. Residential land uses dominate the area, with some commercial and institutional land uses present as well. All surrounding properties are within the same R-8 Urban Residential District as the subject property.

 

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:  $300 Application fee

 

DESIRED EFFECTIVE DATE:  Upon adoption

 

REQUESTED INTRODUCTION DATE:  October 12, 2020

 

CITY COUNCIL PUBLIC HEARING DATE:  November 9, 2020

 

REQUESTED AGENDA:  Consent

 

RECOMMENDED COUNCIL COMMITTEE:  None

 

CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES:  City Planning Commission, November 2, 2020.

 

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:  Draft Ordinance, Application Form, Applicant’s Report, Plans, 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: