Title
To authorize the special use of the property known as 2003 Dinwiddie Avenue for the purpose of three single-family detached dwellings and a home occupation with up to three employees who do not reside on the property, upon certain terms and conditions. (As Amended) (8th District)
Body
WHEREAS, the owner of the property known as 2003 Dinwiddie Avenue, which is situated in a R-5 Single-Family Residential District, desires to use such property for the purpose of three single-family detached dwellings and a home occupation with up to three employees who do not reside on the property, which use, among other things, is not currently allowed by sections 30-410.4, concerning lot area and width, [and] 30-410.6, concerning lot coverage, and 30-694.1(1), concerning employment of persons for home occupations, 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 2003 Dinwiddie Avenue and identified as Tax Parcel No. S000-0346/014 in the 2022 records of the City Assessor, being more particularly shown on a survey entitled “Survey of a Division of Lots 2, 4 and 6, Block 1621, Richmond Manchester Land Company, Richmond, Virginia,” prepared by A. G. Harocopos, & Associates, P.C., and dated December 21, 2020, 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 three single-family detached dwellings and a home occupation with up to three employees who do not reside on the Property, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Parking, Shed and Trash Diagram,” provided as an overlay on a survey entitled “Survey of a Division of Lots 2, 4 and 6, Block 1621, Richmond Manchester Land Company, Richmond, Virginia,” prepared by A. G. Harocopos, & Associates, P.C., and dated December 21, 2020; “Architecture 2001 Dinwiddie,” prepared by Parker Unique Designs, and dated March 14, 2022; “Architecture 2005 Dinwiddie,” prepared by Parker Unique Designs, and dated March 14, 2022; and the untitled plans, prepared by an unknown preparer, and undated, 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 three single-family detached dwellings and a home occupation with up to three employees who do not reside on the Property, substantially as shown on the Plans. The home occupation shall be located within the existing dwelling labeled on the Plans as “2 Story Shingle #2003.”
(b) No less than one off-street parking space per dwelling shall be provided on the Property. Off-street parking shall not be required for the home occupation located within the existing dwelling labeled on the Plans as “2 Story Shingle #2003.”
(c) All building materials, elevations and site improvements pertaining to the Special Use shall be 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) Prior to the issuance of a certificate of occupancy for the first newly constructed dwelling, the establishment of three residential lots, substantially as shown on the Plans, shall be accomplished by obtaining the necessary approvals from the City and recording the appropriate plats and deeds 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.
O & R Request
DATE: September 12, 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 property known as 2003 Dinwiddie Avenue for the purpose of three single-family dwelling units and a home occupation, upon certain terms and conditions.
ORD. OR RES. No. ___
PURPOSE: To authorize the special use of the property known as 2003 Dinwiddie Avenue to be subdivided; to construct two additional dwellings; and to allow a home occupation to include two (2) nonrelated employees and utilize greater than 25% of the floor area of the existing dwelling, upon certain terms and conditions.
REASON: The proposed new dwellings do not meet the R-5 zone requirements for minimum lot area, minimum lot width, and maximum lot coverage - per Section 30-410.1 of the City Code. Further, home occupation uses are limited to employees residing within the dwelling and no greater than 25% utilization of the floor area - per Section Sec. 30-694 of the City Code. A Special Use Permit is requested.
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 November 7, 2022, meeting.
BACKGROUND: The property is located in the Blackwell neighborhood at 2003 Dinwiddie Avenue, between East 21st and East 20th Streets. The property is 10,440 sq. ft. (0.24 acre) in size and contains an existing 1,504 sq. ft. single-family detached dwelling. The application requests to subdivide the existing property, construct two additional dwellings, and allow a home occupation.
The City’s Richmond 300 Master Plan designates a future land use for the subject property as Residential. This designation is defined as a “Neighborhood consisting primarily of single-family houses on large- or medium-sized lots more homogeneous in nature.”
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 this property is R-5 Residential (Single Family). Adjacent properties to the northwest and south are zoned the same R-5 Zone, adjacent properties to the west are zoned R-6 Residential, and properties to the northeast are zoned R-7 Residential (Single Family Attached). The surrounding land uses include primarily 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: $1,800 application fee
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: October 10, 2022
CITY COUNCIL PUBLIC HEARING DATE: November 14, 2022
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: City Planning Commission
November 7, 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: Draft Ordinance, Application Form, Applicant’s Report, Plans, Survey, Map
STAFF: Ray Roakes, Planner, Land Use Administration (Room 511) 804-646 5467
Recommended Action
Key Issues:
Retain on Consent Agenda
Move to Regular Agenda
Refer Back to Committee
Remove from Council Agenda
Strike Withdrawn ---- Continue to: