Share to Facebook Share to Twitter Bookmark and Share
File #: ORD. 2022-121    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 2/23/2022 In control: City Council
On agenda: 6/27/2022 Final action: 6/27/2022
Title: To authorize the special use of the properties known as 2100, 2106, 2112, 2118, and 2124 Broad Rock Boulevard for the purpose of a commercial building with off-street parking, upon certain terms and conditions. (As Amended) (9th District)
Patrons: Mayor Stoney (By Request)
Attachments: 1. Ord. No. 2022-121, 2. Staff Report, 3. Application Form & Applicant's Report, 4. Plans & Survey, 5. Map, 6. Letter of Opposition 1, 7. Letter of Opposition 2, 8. Staff Presentation, 9. 20220613 Amendment of Ord. No. 2022-121

Title

 

To authorize the special use of the properties known as 2100, 2106, 2112, 2118, and 2124 Broad Rock Boulevard for the purpose of a commercial building with off-street parking, upon certain terms and conditions. (As Amended) (9th District)

 

Body

 

WHEREAS, the owner of the property known as 2100 Broad Rock Boulevard, which is situated in a R-4 Single-Family Residential District and the properties known as 2106, 2112, 2118, and 2124 Broad Rock Boulevard, which are situated in a B-2 Community Business District, desires to use such properties for the purpose of a commercial building with off-street parking, which use, among other things, is not currently allowed by section 30-408.1, concerning permitted principal uses, 30-408.2, concerning permitted accessory uses and structures, 30-408.4, concerning lot area and width, 30-408.5, concerning yards, 30-408.6, concerning lot coverage, 30-408.7, concerning      height, and 30-408.8, concerning driveways from streets, 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 properties known as 2100, 2106, 2112, 2118, and 2124 Broad Rock Boulevard and identified as Tax Parcel Nos. C006-0542/008, C006-0542/010, C006-0542/012, C006-0542/014, and C006-0542/016, respectively,  in the 2022 records of the City Assessor, being more particularly shown on a survey entitled “Existing Conditions Plan,” provided on sheet C2.0 of the plans entitled “Plan of Development for Broad Rock Boulevard Retail Center, 2100 Broad Rock Boulevard, Richmond Gateway 9th District, City of Richmond, Virginia,” prepared by The Site Design Company, dated February 5, 2021, and last revised December 20, 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 a commercial building with off-street parking, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Plan of Development for Broad Rock Boulevard Retail Center, 2100 Broad Rock Boulevard, Richmond Gateway 9th District, City of Richmond, Virginia,” prepared by The Site Design Company, dated February 5, 2021, and last revised December 20, 2021,  and entitled “Shopping Center, 2100 Broad Rock Blvd, Richmond, VA,” prepared by Advanced Engineering, LLC, dated September 9, 2020, and last revised February 12, 2022, and 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 commercial building with off-street parking, substantially as shown on the Plans.

(b)                     No fewer than 43 parking spaces shall be provided for the Special Use, substantially as shown on the Plans.

(c)                     The height of the Special Use shall not exceed one story, substantially as shown on the Plans.

(d)                     All mechanical equipment serving the Property shall be located or screened so as not to be visible from any public right-of-way.

(e)                     All building materials, elevations, and site improvements, including landscaping, shall be substantially as shown on the Plans.

(f)                     Outdoor dining shall be permitted on the sidewalk on the Property abutting the commercial building, substantially as shown on the Plans, and on the patio area on the Property abutting the front of the commercial building, between the hours of 7:00 a.m. and 9:00 p.m., Monday through Sunday. Covered trash containers shall be provided for outdoor dining areas, and fences, walls, or vegetative screening shall be provided around outdoor dining areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. In no case shall chain link, chain link with slats, or any similar fencing be permitted.

(g)                     No amplified music shall be permitted outside of the commercial building.

(h)                     Signs on the Property shall be regulated by the sign requirements for the B-2 Community Business District, pursuant to sections 30-505 and 30-514 of the Code of the City of Richmond (2020), as amended.

                     § 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)                     The Owner shall make improvements within the public right-of-way substantially as shown on the Plans, including the installation of sidewalk along Cranford Avenue, Broad Rock Boulevard, and Cooks Road, and of three on-street parking spaces along Cranford Avenue, which improvements may be completed in one or more phases as approved by the Director of Public Works. All improvements and work within the public right-of-way shall be (i) completed in accordance with the requirements of the Director of Public Works, (ii) considered completed only upon written confirmation by the Director of Public Works that such improvements and work are in accordance with such requirements, and (iii) transferred to the City, following the written confirmation by the Director of Public Works, pursuant to a transfer of interest document approved as to form by the City Attorney and accepted by the Chief Administrative Officer or the designee thereof on behalf of the City. The Chief Administrative Officer or the designee thereof, for and on behalf of the City, is hereby authorized to accept, in the manner for which this subsection provides, all improvements and work required by and meeting the requirements of this subsection. The final certificate of occupancy shall not be issued for the Property until all requirements of this subsection are fully satisfied.

 (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.

 

O & R Request

DATE:                     March 14, 2022                                                                                                                                                   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, 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 authorize the special use of the properties known as 2106, 2112, 2118, 2124 and 2100 Broad Rock Boulevard for the purpose of commercial building, with off-street parking, upon certain terms and conditions.

 

ORD. OR RES. No.                                          

 

 

PURPOSE:  To authorize the special use of the properties known as 2106, 2112, 2118, 2124 and 2100 Broad Rock Boulevard for the purpose of commercial building, with off-street parking, upon certain terms and conditions.

 

REASON:  The applicant is requesting a Special Use Permit for the purpose of for the purpose of a commercial building, with off-street parking, within a B-2 Community Business and an R-4 Single-Family Residential zoning districts. Those portions that are within the R-4 district are not a permitted use, 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 May 2, 2022, meeting.

 

BACKGROUND:  The properties, together, are a combined 44,431 sq. ft. (1.02 acre) parcel of land. The property is located in the McGuire Manor neighborhood. Three of the five parcels are improved including 2100 Broad Rock Boulevard which includes a 661 sq. ft. dwelling constructed in 1947. 2106 Broad Rock Boulevard is improved with a 1,120 sq. ft. commercial building constructed in 1950. 2112 Broad Rock Boulevard includes a 2,780 sq. ft. commercial building constructed in 1969, and 2124 Broad Rock Boulevard is improved with a 456 sq. ft. commercial building constructed in 2012.

 

The City’s Richmond 300 Master Plan designates a future land use for the subject property as Residential which is defined as a “neighborhood consisting primarily of single-family houses on large- or medium-sized lots more homogeneous in nature.”

 

Intensity: Buildings are generally one to three stories. Lot sizes generally range up to 5,000 to 20,000+ sq. ft. Residential density of 2 to 10 housing units per acre.

 

Primary Uses: Single-family houses, accessory dwelling units, and open space.

 

Secondary Uses: 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 the properties in question is B-2 Community Business and an R-4 Single-Family Residential. Adjacent properties are located within primarily R-4 Single-Family 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:  $2,400 application fee

 

DESIRED EFFECTIVE DATE:  Upon adoption

 

REQUESTED INTRODUCTION DATE:  April 11, 2022

 

CITY COUNCIL PUBLIC HEARING DATE:  May 9, 2022

 

REQUESTED AGENDA:  Consent

 

RECOMMENDED COUNCIL COMMITTEE:  None

 

CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES:  City Planning Commission

                                                                                                                                                                                                     May 2, 2022

 

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