In 2001, City Council approved a special use permit for the Dominion Resources headquarters on Tredegar Street. The permit increased the maximum allowed building heights within a sloping “envelope” that extended from 60 feet above ground level to 160 feet above ground level.
Under the terms of the permit, it would automatically expire if certain conditions were not met. The city maintains that the conditions were met and that the permit is “still valid.”
The facts indicate that the permit expired. The property owner failed to meet the deadline for using the special use permit. The development that occurred on the property complied with the zoning regulations and did not require the special use permit. Olinger
[Emphasis added in bold.]
PROPERTY:
100-900 Tredegar Street
Parcel A, Portion of W-55-1 (Domion 13.8 ac.)
Parcel B W-53-4 (City 0.2 ac.)
SPECIAL USE PERMIT APPLICATION:
Date: October 4, 2001
Applicant: Dominion Resources, Inc.
Purpose of Special Use Permit: To permit additional height and address ancillary issues
APPLICANT’S REPORT:
The requested B-5 Central Business zoning provides the uses desired by Dominion, but the
60′ maximum height does not permit the proposed office buildings. Therefore, Dominion is
simultaneously requesting a special use permit to allow additional height in certain zones on
the Property. Diagrams illustrating those heights and the permitted inclined plane are
enclosed.Notations on illustrations:
DOMINION RESOURCES TREDEGAR STREET FACILITY – HEIGHT DIAGRAM – PAGE 1 OF 2
ZONE A: STEPS RESTRICTED TO INCLINED PLANE FROM 60′ AT WEST TO 160′ AT EAST
ZONE B: 160 FEET ABOVE MEAN GRADE LEVEL
ZONE C: STEPS RESTRICTED TO INCLINED PLANE FROM 60′ AT EAST TO 160′ AT WESTDOMINION RESOURCES TREDEGAR STREET FACILITY – HEIGHT DIAGRAM – PAGE 2 OF 2
LINE OF PROPOSED BUILDING ENVELOPE, ZONES A, B, AND C
INTRACITY CORRESPONDENCE:
The proposed special use permit would allow additional height for a portion of the property up to 160 feet.
From: C WAYNE TAYLOR
To: Byron Marshall <byron.marshall@richmondgov.com>
Sent: Tuesday, October 11, 2011 11:51 AM
Subject: Ordinance 2001-334-322 – 100-900 Tredegar StreetVIA EMAIL TO byron.marshall@richmondgov.com
Mr. Byron C. Marshall, Chief Administrative Officer
City of Richmond
900 E. Broad St., Room 200
Richmond, Virginia 23219Re: Ordinance 2001-334-322. 11/26/2001 To authorize a special use of the real estate property known as 100-900 Tredegar Street, for additional height, upon certain terms and conditions, and to repeal Ordinance No. 89-139-135 adopted May 8, 1989.
Dear Mr. Marshall,
Would you please tell me the status of the special use permit authorized by ordinance 2001-332. Some people seem to think that the permit is still active. I appears to me that the permit is most likely expired:
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 3. That the Commissioner of Buildings is hereby authorized to issue to the owner of said real estate a building permit in accordance with the above-referenced plans for such purposes, subject to the following terms and conditions:
(b) That application for the first building permit shall be made within twenty-four (24)
months from the effective date of this ordinance, which building permit shall expire by limitation and become null and void if construction of the building is not commenced within one hundred eighty days (180) from the date of the building permit or if construction is suspended or abandoned for a period of one hundred eighty days (180) at any time after the work is commenced, as provided in applicable provisions of the Virginia Uniform Statewide Building Code. Should application for the building permit not be made within twenty-four (24) months from the effective date of this ordinance or should the building permit expire and become null and void after the expiration of the twenty-four (24) month time period for making application for the building permit, the privileges granted by this ordinance shall terminate and the special use permit shall become null and void;Sincerely yours,
C. Wayne Taylor
From: C WAYNE TAYLOR
Sent: Thursday, October 27, 2011 04:02 AM
To: Marshall, Byron C. – CAO
Subject: Marshall – Fw: Ordinance 2001-334-322 – 100-900 Tredegar StreetDear Mr. Marshall,
Did you receive my email?
Thank you,
C. Wayne Taylor
From: Marshall, Byron C. – CAO
To: C WAYNE TAYLOR
Sent: Thursday, October 27, 2011 6:26 AM
Cc: Olinger, Mark A. – PDR; Lukanuski, Greg A. – City Atty
Subject: Re: Marshall – Fw: Ordinance 2001-334-322 – 100-900 Tredegar StreetMr. Taylor,
My apologies for not getting back to you earlier.
Via this email I am requesting that Mark Olinger, Director of Planning and Development Review get in contact with you today and attempt to answer your question.
Sincerely,
Byron C. Marshall
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
To: C WAYNE TAYLOR
Sent: Monday, October 31, 2011 9:54 AM
Cc: “Marshall, Byron C. – CAO” <Byron.Marshall@richmondgov.com>; “Hawley, Tammy D. – OPS” <Tammy.Hawley@Richmondgov.com>; “Davidson, William C. – PDR” <Chuck.Davidson@Richmondgov.com>; “Chapman, Peter H. – DCAO” <Peter.Chapman@Richmondgov.com>Subject: FW: Marshall – Fw: Ordinance 2001-334-322 – 100-900 Tredegar Street
Mr. Taylor:
Sorry for the delay but I’ve been out of town. Here is the response I received from our Zoning Administrator:
“I had rec’d another request on this same issue and after reviewing the SUP and the permit system, I have concluded that the SUP was implemented as required and is still valid.
The SUP conditions were not typical of most SUP’s. It sanctioned additional height than the Ordinance would typically allow, but limited the additional height to specific areas on the site. These areas are shown on the height diagrams included within the SUP. The condition that triggered the implementation of the SUP was the requirement to obtain a building permit for the first building within 24-months. The BP was issued and the building completed and a Certificate of Occupancy issued.
The SUP was implemented and continues in force and effect to permit additional height in the specific areas, as sanctioned; it did not and will not expire.”
If you have any questions, please contact me directly.
Thank you.
Regards,
m.
From: C WAYNE TAYLOR
Sent: Wednesday, November 09, 2011 4:15 AM
To: Olinger, Mark A. – PDR
Cc: C WAYNE TAYLOR
Subject: Olinger – Ordinance 2001-334-322 – 100-900 Tredegar StreetVIA EMAIL TO: MARK.OLINGER@RICHMONDGOV.COM
Mr. Mark A. Olinger, Director
Planning and Development Review
900 E. Broad St., Room 511
Richmond, Virginia 23219 USARE: Ordinance 2001-334-322 – 100-900 Tredegar Street
Dear Mr. Olinger,
I am making a request under the Virginia Freedom of Information Act (§2.2-3700, et seq.).
Please email to me copies of the following records: The building permit referred to in the response you received from the Zoning Administrator, as quoted in your email dated October 31, 2011 (attached).
Pursuant to the Act, I request that within five working days you (a) provide me with all the requested records; (b) if the records are exempt from disclosure, identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records; (c) if the records will be provided in part, identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records, and release the remaining nonexempt records; or (d) state that the requested records could not be found or do not exist and, if you know that another public body has the requested records, provide the contact information for the other public body.
As provided by the Act, (1) if it is not practically possible to provide the records within five working days, notify me that you will need an additional seven working days, and (2) provide an estimate of the costs of meeting my request before undertaking the task.
If you have questions concerning my request, please contact me. Also, an acknowledgment of receipt of this request would be appreciated.
Please be advised that I am prepared to pursue legal remedies to obtain access to the requested records and that willful violation of the Act can result in a fine of up to $2,500, for which you can be held personally liable. Court costs and reasonable attorney fees may also be awarded.
I look forward to your response.
Sincerely yours,
C. WayneTaylor
Attachment:
The Virginia Freedom of Information Act – Excerpts
Correspondence between C. Wayne Taylor and the City of Richmond.
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
To: C WAYNE TAYLOR
Sent: Thursday, November 10, 2011 9:32 AM
Subject: RE: Olinger – Ordinance 2001-334-322 – 100-900 Tredegar StreetMr. Taylor:
I have forwarded your request to Mr. Mark Isaacs, who will be in touch re: below.
Thank you.
Regards,
m.
From: “Marks, Isaac R. – PDR” <Isaac.Marks@Richmondgov.com>
To: C WAYNE TAYLOR
Cc: “Chapman, Peter H. – DCAO” <Peter.Chapman@Richmondgov.com>; “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>; “Wallace, Michael – OPS” <Michael.Wallace@Richmondgov.com>
Sent: Thursday, November 10, 2011 4:15 PM
Subject: 100-900 Tredegar ST; Permit #’s B01110808, B02032914RE: 100-900 Tredegar ST ; Permit #’s B01110808, B02032914
Dear Mr. Taylor:
Pursuant to the matter listed above, with reference to the 9 November, 2011, correspondence to DPDR Director Mark Olinger, and in accordance with Code § 2.2-3700 of the Virginia Freedom of Information Act, please find contained herein the document(s) as presented by myself, the records custodian for the Department of Planning and Development Review – Bureau of Permits and Inspections, on behalf of the City of Richmond.
Please note: The accompanying links provide the breadth of requested information in its totality, and represents this office’s best efforts in like regard. In accordance with document purging mandates, as set forth by the State of Virginia , physical documentation no longer exists in City archives.
Additional note: Although they were facilitated through our records custodian; these, as well as all findings are communicated only after exhaustive consultation with, and review by specific subject matter experts.
http://eservices.ci.richmond.va.us/applications/permits/PermitDetails.aspx?p=B01110808
http://eservices.ci.richmond.va.us/applications/permits/PermitDetails.aspx?p=B02032914
As always, we welcome this opportunity to assist you.
Sincerely,
Isaac Marks
From: C WAYNE TAYLOR
To: “MARK.OLINGER@RICHMONDGOV.COM” <MARK.OLINGER@RICHMONDGOV.COM>
Sent: Friday, December 9, 2011 9:01 AM
Subject: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Dear Mr. Olinger,
Thank you for the information sent to me on your behalf by Mr. Marks.
I have a follow-up question. Did either of the permits include new development that exceeded the height limitations and exceptions imposed by the zoning regulations for the district?
Thank you for your assistance,
C. Wayne Taylor
From: C WAYNE TAYLOR
Sent: Wednesday, December 21, 2011 3:54 AM
To: “MARK.OLINGER@RICHMONDGOV.COM” <MARK.OLINGER@RICHMONDGOV.COM>
Subject: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Dear Mr. Olinger,
Did you receive my email?
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
To: C WAYNE TAYLOR Cc: Olinger, Mark A. – PDR
Sent: Wednesday, December 21, 2011 8:58 AM
Subject: RE: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Mr. Taylor:
Chuck Davidson, Zoning Administrator, replied to this email directly to you, copying me, on 12/9/11 at approx. 10:06 AM. If you need another copy I’d be happy to forward it to you.
Thank you.
m.
From: C WAYNE TAYLOR
Sent: Wednesday, December 21, 2011 11:27 AM
To: Olinger, Mark A. – PDR
Subject: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Dear Mr. Olinger,
I have not seen the email.
I would appreciate it if you would forward a copy to me.
Thank you,
C. Wayne Taylor
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
To: C WAYNE TAYLOR
Sent: Wednesday, December 21, 2011 12:25 PM
Subject: RE: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Mr. Taylor:
I’ll forward to you in a couple of minutes.
Thanks.
m.
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
To: C WAYNE TAYLOR
Sent: Wednesday, December 21, 2011 12:27 PM
Subject: FW: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914Mr. Taylor:
Here is the 12/9 email to you from Chuck Davidson, Zoning Administrator re: your question.
I’m sorry it didn’t get to you.
Thanks.
m.
From: Davidson, William C. – PDR
Sent: Friday, December 09, 2011 10:06 AM
To: C WAYNE TAYLOR
Cc: Olinger, Mark A. – PDR
Subject: FW: Olinger: 100-900 Tredegar ST; Permit #’s B01110808, B02032914The B-5 district permits 5-story buildings, so they both fell/fall within the height requirement. Based upon review of the other B-5 requirements, I am not seeing that any exceptions were necessary.
William C. Davidson
Zoning Administrator
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