Title
To amend and reordain Ord. No. 2021-017, adopted Feb. 22, 2021, which authorized the special use of the properties known as 2525 Belt Boulevard, 2613 Belt Boulevard, and 2701 Belt Boulevard for the purpose of up to 36 single-family attached dwellings, to instead authorize up to 34 single-family attached dwellings and three two-family dwellings, upon certain terms and conditions. (8th District)
Body
I. That Ordinance No. 2021-017, adopted February 22, 2021, be and is hereby amended and reordained as follows:
WHEREAS, the owner of the properties known as 2525 Belt Boulevard, 2613 Belt Boulevard, and 2701 Belt Boulevard, which are situated in a R-4 Single-Family Residential District, desires to use such properties for the purpose of up to [36] 34 single-family attached dwellings and three two-family dwellings, which use, among other things, is not currently allowed by section 30-408.1 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 amendatory ordinance, the properties known as 2525 Belt Boulevard, 2613 Belt Boulevard, and 2701 Belt Boulevard and identified as Tax Parcel Nos. C009-0534/036, C009-0534/037, and C009-0534/028, respectively, in the [2021] 2022 records of the City Assessor, being more particularly shown on a survey entitled “‘A Compiled Plat’ Showing Three Parcels Totaling 6.082 Acres of Land at the Corner of Formex Road and Belt Boulevard, City of Richmond, Virginia,” prepared by Timmons Group, and dated September 28, 2020, a copy of which is attached to a made a part of this ordinance, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of up to [36] 34 single-family attached dwellings and three two-family dwellings, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Townhomes at Liberty Place, 8th District - City of Richmond - Virginia,” prepared by Timmons Group, with sheet 1 dated December 23, 2020, and last revised January 15, 2021, sheets 2 and 3 dated October 8, 2020, and last revised January 15, 2021, and sheet L1.0 dated January 15, 2021, and “Townhomes at Liberty Place, 2701 Belt Boulevard, Richmond, Virginia 23234,” prepared by Walter Parks, Architects, dated October 6, 2020, with sheet A.5 dated October 16, 2020, copies of which are attached to and made a part of Ordinance No. 2021-017, adopted February 22, 2021, as modified by the plans entitled “Townhomes at Liberty Place, 8th District - City of Richmond - Virginia,” prepared by Timmons Group, dated December 23, 2020, and last revised February 11, 2022, and “Townhomes at Liberty Place, 2525 Belt Boulevard, Richmond, Virginia 23234,” prepared by Walter Parks, Architects, dated March 16, 2021, hereinafter referred to, collectively, as “the Plans,” copies of which are attached to and made a part of this amendatory 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 up to [36] 34 single-family attached dwellings and three two-family dwellings, substantially as shown on the Plans.
(b) No less than one and a half parking [space] spaces per dwelling shall be provided for the Special Use [and may be provided through the use of driveways or on-street parking], substantially as shown on the Plans.
(c) All building materials, elevations, and site improvements shall be substantially as shown on the Plans. Cementitious siding and brick shall be permitted siding materials.
(d) The height of the Special Use shall not exceed [the height] two stories, substantially as shown on the Plans.
(e) All mechanical equipment serving the Property shall be located or screened so as not to be visible from any public right-of-way.
(f) A walkway shall be provided for each dwelling from the front entrance of the dwelling to the sidewalk.
(g) Prior to the issuance of any certificate of occupancy for the second single-family attached dwelling of the Special Use, the subdivision of up to [36] 37 residential lots, substantially as shown on the Plans, shall be accomplished by obtaining the necessary approvals from the City and recording the appropriate plats among the land records of the Clerk of the Circuit Court of the City of Richmond.
§ 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: January 31, 2022 EDITION: 1
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, 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, Department of Planning and Development Review
RE: To amend and authorize the special use of the properties known as 2525 Belt Boulevard, 2613 Belt Boulevard, and 2701 Belt Boulevard for the purpose of up to 34 single-family attached dwellings, and 3 duplex dwellings, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: To amend and authorize the special use of the properties known as 2525 Belt Boulevard, 2613 Belt Boulevard, and 2701 Belt Boulevard for the purpose of up to 34 single-family attached dwellings, and 3 duplex dwellings, upon certain terms and conditions.
REASON: The applicant is proposing to amend a current Special Use Permit which originally authorized 36 single-family attached dwellings with off-street parking, to authorize 34 single-family attached dwellings, and 3 duplex dwellings with off-street parking.
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 March 21, 2022, meeting.
BACKGROUND: The subject properties consist of vacant parcels that are a combined 3.65 acres. The properties are located in the Cherry Gardens neighborhood within the City’s Broad Rock Planning District along Belt Boulevard between the Formex Street and Terminal Avenue.
The City’s Richmond 300 Plan designates a future land use for this property as Residential. Residential land uses are neighborhoods “…consisting primarily of single-family houses on large- or medium-sized lots more homogeneous in nature.” 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.” (p. 54)
The density of the proposed development is approximately 11 units per acre.
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: February 28, 2022
CITY COUNCIL PUBLIC HEARING DATE: March 28, 2022
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission
March 21, 2022
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: 2021-017
REQUIRED CHANGES TO WORK PROGRAM(S): None
ATTACHMENTS: Draft Amended 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
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