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File #: ORD. 2021-361    Version: 1 Name:
Type: Ordinance Status: Rejected
File created: 10/25/2021 In control: City Council
On agenda: 2/14/2022 Final action: 2/14/2022
Title: To authorize the special use of the property known as 4300 Commerce Road for the purpose of one off-premises sign, upon certain terms and conditions. (8th District)
Patrons: Mayor Stoney (By Request)
Attachments: 1. Ord. No. 2021-361 - Rejected 20220214, 2. Staff Report- 4300 Commerce Road, 3. Application Form and Applicant's Report, 4. Plans, 5. Survey, 6. Map

Title

To authorize the special use of the property known as 4300 Commerce Road for the purpose of one off-premises sign, upon certain terms and conditions. (8th District)

Body

 

WHEREAS, the owner of the property known as 4300 Commerce Road, which is situated in a M-2 Heavy Industrial District, desires to use such property for the purpose of one off-premises sign, which use, among other things, is not currently allowed by section 30-523(3), concerning off-premises signs for the M-1 Light Industrial and M-2 Heavy Industrial Districts, 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 4300 Commerce Road and identified as Tax Parcel No. S009-0396/013 in the 2021 records of the City Assessor, being more particularly shown on a survey entitled “Exhibit Showing Location of Two (2) Signs on the Lands of Hambell LLC, Being Parcel: S009-0396/013, and Known as #4300 Commerce Road, City of Richmond, Virginia,” prepared by Balzer & Associates, and dated May 7, 2021, 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 one off-premises sign, hereinafter referred to as “the Special Use,” substantially as shown on the untitled plans, prepared by Hilton Displays, dated September 24, 2020, and last revised December 22, 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 one off-premises sign, substantially as shown on the Plans. The face of the sign may be changed.

(b)                     The sign area of the Special Use shall not exceed the area shown on the Plans.

(c)                     The height of the Special Use shall not exceed 60 feet.

(d)                     The structural integrity of the Special Use shall be verified by a certified professional engineer prior to the issuance of a building permit for the Special Use.

(e)                     All loose and peeling paint must be removed from the Special Use after which the portions of the sign or sign structure from which paint has been removed shall be painted black.

                     § 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 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:                     November 15, 2021                                                                                                                              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:                     J.E. Lincoln Saunders, Chief Administrative Officer

 

THROUGH:                     Sharon L. Ebert, Deputy Chief Administrative Officer for Economic Development and Planning

 

FROM:                      Kevin J. Vonck, Director, Dept. of Planning and Development Review                     

 

RE:                     To authorize the special use of the property known as 4300 Commerce Road for the purpose of an off-premises sign, upon certain terms and conditions.

 

ORD. OR RES. No.                                          

 

 

PURPOSE:  To authorize the special use of the property known as 4300 Commerce Road for the purpose of an off-premises sign, upon certain terms and conditions.

 

REASON:  The applicant is requesting to authorize the of the property known as 4300 Commerce Road for the purpose of an off-premises sign, upon certain terms and conditions. The property is located within the M-2 Heavy Industrial District, which permits off-premises signs, however the proximity to an interstate interchange and height do not meet the specific requirements related to off-premises signs in the M-2 Heavy Industrial District. 

 

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 January 3, 2022, meeting.

 

BACKGROUND:  The subject property consists of a single parcel of land that has a lot area of 100,319 square feet (2.303 acres) and is improved with a four-story hotel. The property is located in the Commerce Road Industrial Area and abuts Interstate 95.

 

The subject property is located within the M-2 Heavy Industrial District.  Off-premises signs are not permitted to exceed 35 feet in height nor are they permitted to be located within 500 feet of an interchange.  The existing and proposed sign is approximately 58’ in height and is located adjacent to the I-95 off-ramp to Bells Road at Exit 69. When the existing sign was installed, the message on the sign advertised a restaurant that was part of the subject property, thus it was not considered an off-premises sign. Since that time, the property with the sign has been split off and is under different ownership from the property with the restaurant, which is currently being redeveloped into a shopping center that will contain a Starbucks and Subway.

 

The City’s Richmond 300 Master Plan designates the property as Industrial. This land use category is described as manufacturing and production areas that primarily feature processing, research and development, warehousing, and distribution.

 

Development Style: The arrangement of structures, parking and circulation areas, and open spaces should recognize the unique needs of industrial users.  Industrial areas have a design aesthetic that buffers industrial uses from other adjacent uses.

 

Mobility: Pedestrian, bicycle, and transit access is accommodated.  Bike parking is provided.  Parking lots and parking areas are located to the rear of street-facing buildings.  Vehicle entrances are located off alleys or secondary streets.

 

Intensity: One to three stories with exceptions for unique building features relating to that industrial use.

 

Primary Uses: Industrial and open space

 

Secondary Uses: Retail/office/personal service

 

The property is located in the Commerce Road Industrial Area.  All surrounding properties are also zoned M-2 Heavy Industrial District.  Commercial and industrial properties are located to the north, west, and south.  Interstate 95 is located to the east.

 

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:  December 13, 2021

 

CITY COUNCIL PUBLIC HEARING DATE:  January 10, 2021

 

REQUESTED AGENDA:  Consent

 

RECOMMENDED COUNCIL COMMITTEE:  None

 

CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES:  City Planning Commission

                                                                                                                                                                                                     January 3, 2021

AFFECTED AGENCIES:                       Office of the 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:  Draft Ordinance, Application Form, Applicant’s Report, Plans, Survey, Map

 

STAFF:  Richard Saunders, Senior Planner, Land Use Administration (Room 511) 646 5648

 

Recommended Action

Key Issues:

  Retain on Consent Agenda          
  Move to Regular Agenda    
  Refer Back to Committee 

  Remove from Council Agenda  

                      Strike         Withdrawn       ---- Continue to: