Title
To amend and reordain Ord. No. 2021-030, adopted March 8, 2021, which authorized the special use of the property known as 1919 Wilmington Avenue for the purpose of no more than one dwelling unit within an accessory building to an existing single-family dwelling, to update the plans for such special use, upon certain terms and conditions. (2nd District)
Body
I. That Ordinance No. 2021-030, adopted March 8, 2021, be and is hereby amended
and reordained as follows:
WHEREAS, the owner of the property known as 1919 Wilmington Avenue, which is situated in a R-5 Single-Family Residential District, desires to use such property for the purpose of no more than one dwelling unit within an accessory building to an existing single-family dwelling, which use, among other things, is not currently allowed by section 30-410.2 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 1919 Wilmington Avenue and identified as Tax Parcel No. N017-0549/030 in the 2021 records of the City Assessor, being more particularly shown on a survey entitled “Survey of Lot 7 Block A, Cheverly, Richmond Virginia,” prepared by A. G. Harocopos & Associates, P.C., and dated August 14, 2020, a copy of which is attached to Ordinance No. 2021-030, adopted March 8, 2021, and made a part of this ordinance, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of no more than one dwelling unit within an accessory building to an existing single-family dwelling, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Hart, 16 x 24 Cottage,” prepared by Mighty Small Homes, and dated [August 20, 2020] June 28, 2021, and “Site Plan,” prepared by Grady W. Hart, and dated January 10, 2021, 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 no more than one dwelling unit within an accessory building to an existing single-family dwelling, substantially as shown on the Plans.
(b) No less than two off-street parking spaces shall be provided on the Property, substantially as shown on the Plans.
(c) The height of the Special Use shall not exceed the height as shown on the Plans.
(d) Elevations, building materials, and site improvements shall be substantially as shown on the Plans. Siding for the Special Use shall consist of cementitious siding or similar material, or vinyl siding at least .04 inches in thickness.
(e) 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 (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 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.
II. This amendatory ordinance shall be in force and effect upon adoption.
O & R Request
DATE: August 12, 2021 EDITION: 1
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor (Mayor, by Request)
(This is no way reflects a recommendation on behalf of the Mayor.)
THROUGH: J.E. Lincoln Saunders, Acting Chief Administrative Officer
THROUGH: Sharon L. Ebert, Deputy Chief Administrative Officer for Economic Development and Planning
FROM: Kevin J. Vonck, Acting Director, Department of Planning and Development Review
RE: To amend and reordain Ord. No. 2021-030, adopted March 8, 2021, which authorized the special use of the property known as 1919 Wilmington Avenue for the purpose of a dwelling unit within an accessory building, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To amend and reordain Ord. No. 2021-030, adopted March 8, 2021, which authorized the special use of the property known as 1919 Wilmington Avenue for the purpose of a dwelling unit within an accessory building, upon certain terms and conditions.
REASON: The applicant is requesting an amendment to an existing Special Use Permit which allowed for a dwelling unit accessory to a single-family dwelling within an R-5 Single-Family Residential District. The applicant is requesting to amend the height of the dwelling unit from seventeen feet to 20 feet. An amendment to the 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 4, 2021, meeting.
BACKGROUND: The property is located in the Rosedale neighborhood on Wilmington Avenue between Rosedale and Lanvale Avenues. The property is currently improved with a 1,673 sq. ft. single family detached dwelling situated on a 7,804 sq. ft. (.18 acre) parcel of land. The application is for an accessory building to be used as a dwelling unit.
The City’s Richmond 300 Master Plan designates a future land use for the subject property as Residential. This category is viewed to include “…single-family houses on large- or medium-sized lots more homogeneous in nature.”(p. 54) Primary Uses include: Single-family houses, accessory dwelling units, and open space. Secondary Uses include: Duplexes and small multi-family buildings (typically 3-10 units), institutional, and cultural. Secondary uses may be found along major streets.
The current zoning for this property is R-5 (Single Family Residential). All adjacent properties are located within the same R-5 Residential Zone. The surrounding land use is predominantly residential.
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: September 13, 2021
CITY COUNCIL PUBLIC HEARING DATE: October 11, 2021
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission, October 4, 2021
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Amend Ord. No. 2021-030
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: