File #: ORD. 2025-045    Version: Name:
Type: Ordinance Status: Consent Agenda
File created: 12/5/2024 In control: Planning Commission
On agenda: 5/6/2025 Final action:
Title: To vacate, pursuant to Va. Code ? 15.2-2272(2), those parts of the Oxford Addition, Terrace P subdivision plat that reserved 3601 Sherbrook Road and a portion of 3717 Sherbrook Road, upon certain terms and conditions. (4th District)
Patrons: Mayor Avula (By Request)
Attachments: 1. Ord. No. 2025-045, 2. Staff Report, 3. Public Comment

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To vacate, pursuant to Va. Code § 15.2-2272(2), those parts of the Oxford Addition, Terrace P subdivision plat that reserved 3601 Sherbrook Road and a portion of 3717 Sherbrook Road, upon certain terms and conditions. (4th District)

 

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THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That the parts of the subdivision plat entitled “Rearrangement of Lots, Oxford Addition, Terrace ‘P,’ Midlothian Dist., Chesterfield Co., VA.,” prepared by J.K. Timmons, and dated October 11, 1962, hereinafter referred to as the “Subdivision Plat,” which reserved the following properties, are hereby vacated pursuant to section 15.2-2272(2) of the Code of Virginia (1950), as amended, effective only at such time as the owner of such properties, on behalf of such owner and such owner’s successors in interest, has granted to the City, by deed or deeds approved as to form by the City Attorney and recorded in the land records of the Circuit Court of the City of Richmond prior to or contemporaneously with the instrument evidencing the vacation of such parts of such plat, perpetual easements across all portions of such property labeled as easements on the Subdivision Plat:

(a)                     The property known as 3601 Sherbrook Road, identified as Tax Parcel No. C002-0126/010 in the 2025 records of the City Assessor, and depicted on the Subdivision Plat as the area outlined in green and labeled as “Reserved,” which property is more particularly shown on the plat entitled “Map Showing the Improvements on No. 3601 Sherbrook Road, Being [a] Portion of a Reserve Area, Terrace ‘P,’ Oxford Addition, in the City of Richmond, VA.,” prepared by Virginia Surveys, and dated August 10, 2023; and

(b)                     A portion of the property known as 3717 Sherbrook Road, identified as Tax Parcel No. C002-0126/016 in the 2025 records of the City Assessor, and depicted on the Subdivision Plat as the area outlined in orange and labeled as “Reserved,” which property is more particularly shown on the plat entitled “Oxford Addition, Terrace ‘P,’ Subdivision of a Portion of a Reserved Parcel of Land In the City of Richmond, Virginia,” prepared by Bodie, Taylor & Puryear, Inc., and dated March 15, 1985.

§ 2.                     This ordinance shall be in force and effect upon adoption.

 

 

 

City of Richmond

Intracity Correspondence

 

 

O&R Transmittal

 

DATE:                     February 11, 2025                                                                                                                                                                        

 

TO:                       The Honorable Members of City Council

 

THROUGH:                     The Honorable Dr. Danny Avula, Mayor (by request)

                     (This in no way reflects a recommendation on behalf of the Mayor)

THROUGH:                     Sabrina Joy-Hogg, Interim Chief Administrative Officer

THROUGH:                     Sharon L. Ebert, DCAO for Economic Development and Planning

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

 

RE:                     To vacate, pursuant to Va. Code § 15.2-2272(2), that part of the Oxford Addition, Terrace P subdivision plat that reserved 3601 Sherbrook Road and a portion of 3717 Sherbrook Road, upon certain terms and conditions.

 

ORD. OR RES. No.                                          

 

PURPOSE: To vacate, pursuant to Va. Code § 15.2-2272(2), that part of the Oxford Addition, Terrace P subdivision plat that reserved 3601 Sherbrook Road and a portion of 3717 Sherbrook Road, upon certain terms and conditions.

 

BACKGROUND: Property owner desires removal of the “reserved” status of 3601 Sherbrook Road and a portion of 3717 Sherbrook Road, as established by a 1963 subdivision plat, to allow for (i) construction of a single-family dwelling at 3601 Sherbrook Road consistent with the underlying R-2 Single-Family Residential zoning of that parcel, and (ii) a potential future merge of 3601 Sherbrook Road and the referenced portion of 3717 Sherbrook Road. To effect such removal, it is necessary to vacate the part of the subdivision plat that “reserved” the property. Virginia Code Section 15.2-2272(2) describes one means for such vacation. The property is located on Sherbrook Road east of its intersection with Chippenham Parkway in the Stratford Hills neighborhood. The zoning of the property is R-2 Single-Family Residential.

 

The Richmond 300 land use designation for the property is Residential. Primary uses recommended for this land use designation are single-family houses, accessory dwelling units, and open space.

 

Under Virginia Code Section 15.2-2274, recordation of the requested ordinance “shall operate to destroy the force and effect of the recording” of the vacated part of the subdivision plat, which may have the effect of terminating City easements within the property that recordation of the original subdivision plat established. As a result, the ordinance requires property owner to grant the City easements equivalent to those that recordation of the ordinance might vacate before the vacation can take effect.

 

COMMUNITY ENGAGEMENT: Civic associations, adjacent property owners and residents will be notified of this request by staff. The applicant is also notifying adjacent residents.

 

STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan

 

FISCAL IMPACT: The Department of Planning and Development Review does not anticipate any impact to the City’s budget for this or future fiscal years.

 

DESIRED EFFECTIVE DATE:  Upon adoption

 

REQUESTED INTRODUCTION DATE:  March 10, 2025

 

CITY COUNCIL PUBLIC HEARING DATE:  April 14, 2025

 

REQUESTED AGENDA:  Consent

 

RECOMMENDED COUNCIL COMMITTEE:  Planning Commission, April 1, 2025

 

AFFECTED AGENCIES:  Law Department (for review of ordinance and preparation of utility easements); Department of Public Utilities (for preparation of utility easements)

 

RELATIONSHIP TO EXISTING ORD. OR RES.:  None

 

ATTACHMENTS:  Sherbrook Subdivision Certificate (1963)

 

STAFF:  Matthew J. Ebinger, Planning Supervisor - Land Use Administration 804-646-6308