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To amend and reordain Ord. No. 1994-219-209, adopted Oct. 10, 1994, which authorized the special use of the property known as [2107-2117] 2107-2119 West Cary Street, for the purpose of the construction of a twelve-unit multi-family dwelling and six single-family attached dwellings, upon certain terms and conditions, to modify the terms and conditions. (As Amended) (5th District)
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THE CITY OF RICHMOND HEREBY ORDAINS:
I. That Ordinance No. 1994-219-209, adopted October 10, 1994, be and is hereby amended and reordained as follows:
§ 1. That the real estate, properties known as [2107-2117] 2107-2119 West Cary Street, located on the south side of West Cary Street between South Rowland Street and South Shields Avenue, and a property located at the rear of 2107-2123 West Cary Street, fronting on the east side of South Shields Avenue, such properties being identified as Tax Parcel [No. W000-09940/004, Parcel No. W000-09940/005, Parcel No. W000-09940/006, Parcel No. W000-09940/007, Parcel No. W000-09940/008, Parcel No. W000-09940/009, and Parcel No. W000-09940/028] Nos. W000-0940/004, W000-0940/005, W000-0940/006, W000-0940/007, W000-0940/008, W000-0940/009, W000-0940/013, and W000-0940/028 in the [1994] 2025 records of the City Assessor, more completely described as follows: beginning at a point on the south right of way line of West Cary Street, said point being 83.83 feet east of the intersection of the south right of way line of West Cary Street and the east line of South Shields Avenue; thence extending in an easterly direction along the south line of West Cary Street 177.34 feet to a point; thence extending in a southerly direction along a property line 116.62 feet to a point on the north right of way line of a 15.00 foot-wide public alley; thence extending in a westerly direction along said alley 261.16 feet to a point on the east right of way line of South Shields Avenue; thence extending in a northerly direction along said right of way line 25.00 feet to a point; thence extending in an easterly direction along the south line of an 8.00-foot wide private alley 83.83 feet to a point; thence extending across said private alley in a northerly direction along a property line 116.62 feet to the point of beginning, is hereby permitted to be used for the purpose of constructing a twelve-unit multi-family dwelling and six single-family attached dwellings on individual lots, substantially in accordance with the site plan, elevation drawings, and floor plans entitled: “Cary 2000 Phase III, Site 1-A 1-B”, prepared by Steele + Associates architects, dated June 29, 1994, copies of which are attached and made a part of [this ordinance] Ordinance No. 1994-219-209, adopted October 10, 1994.
§ 2. That adoption of this ordinance shall constitute the granting of a special use permit for the real estate, which shall be transferable from the owner of the real estate to the successor or successors in fee simple title of the owner, whether acquired by operation of law, deed, or otherwise, and shall run with the land.
§ 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 purpose(s), subject to the following terms and conditions:
(a) That the owner(s) of the properties shall be bound by, observe, and shall comply with all other laws, ordinances and rules and regulations adopted pursuant thereto, applicable to the land and buildings, except as otherwise provided in this ordinance;
(b) That application for a building permit or permits to construct all of the buildings depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, shall be made within twenty-four months from the effective date of this ordinance, which building permit or permits shall expire by limitation and become null and void if construction is not commenced within one hundred eighty days from the date of the building permit(s), or if construction is suspended or abandoned for a period of one hundred eighty days at any time after work is commenced, as provided in the applicable provisions of the Virginia Uniform Statewide Building Code. Should application for the building permit(s) not be made within twenty-four months from the effective date of this ordinance or should the building permit(s) expire and become null and void, the privileges granted by this ordinance will terminate and the special use permit shall become null and void;
(c) That use of the property shall be as a twelve (12) unit multi-family dwelling on an independent parcel of land, and as six (6) single-family attached dwellings, each on individual parcels of land;
(d) That development of the twelve-unit multi-family dwelling shall be substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, and subject to the following specific development standards:
i. Minimum lot width shall be 65 feet;
ii. Minimum lot area shall be 7700 square feet of land area;
iii. Minimum front yard shall be 10 feet;
iv. Minimum side yards shall be 4.5 feet;
v. Maximum Floor Area (gross - no exclusions) shall be 9650 square feet;
vi. Floor area ratio, open space ratio, and livability space ratio shall be substantially as represented by [attached] the site plan and floor plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, provided that the minimum lot area cited above is provided;
vii. Landscaping features and fences shall be installed substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, prior to the issuance of the initial certificate of occupancy for the dwelling, and fences screening the parking area shall be maintained;
viii. That identification of the building shall be limited to one sign, not exceeding six square feet in area, mounted on a vertical surface of the building. Such signage may be illuminated, provided that the source of illumination is not visible from adjacent properties and public streets;
ix. Six (6) paved off-street parking spaces shall be provided at the rear of the multi-family dwelling [and six (6) parking spaces shall be provided on an independent parcel fronting on South Shields Avenue]. All such spaces shall be located, paved, screened, and maintained substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994;
x. In all other respects, the property shall be subject to the regulations of the applicable underlying zoning;
(e) That development of the six (6) single-family attached dwellings on individual lots shall be substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, and subject to the following specific development standards:
i. Minimum lot width shall be 17 feet;
ii. Minimum lot area for Lots 2 through 6 shall be 1900 square feet, and minimum lot area for Lot 1 shall be 2675 square feet;
iii. Minimum front yard shall be 12 feet on Lots 1, 2, 4, 5 and 6, and 10 feet on Lot 3;
iv. Minimum side yard for Lot 1 shall be 6 feet, and minimum side yard for Lot 6 shall be zero, provided that if the side yard for Lot 6 is less than three feet, an access easement shall be established on the lot containing the multi-family dwelling which permits the owner of Lot 6 adequate access for maintenance and repairs to the dwelling on Lot 6;
v. The dwelling shall contain a minimum of 1450 square feet at initial construction, with interior features and amenities (i.e., kitchen appliances, number of baths, number of bedrooms, etc.) in the dwelling, prior to the issuance of the initial certificate of occupancy, substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994;
vi. Exterior elevations shall be constructed substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, and there shall be no enlargement of alteration to the front elevation of the building, including porches and steps, once constructed, except for normal repair and maintenance;
vii. Landscaping features and fences required for any lot shall be installed prior to the issuance of the initial certificate of occupancy for the dwelling on the lot, substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994;
viii. A minimum of one paved off-street parking space shall be installed, substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994, prior to the issuance of the initial certificate of occupancy for the dwelling on the lot, and the space shall be maintained as available for parking by the owner;
ix. In all other respects, the properties shall be subject to the applicable underlying zoning, and, except where this ordinance specifically precludes enlargements and alterations, the owner(s) may undertake such enlargements, alterations, and any additional site improvements, in accordance with such regulations;
(f) That the owner shall apply for a tentative subdivision to create the individual building lots prior to making application for a certificate of occupancy. The final subdivision may be phased to create two separate parcels, one for the multi-family dwelling, and one to be developed with the single-family attached dwellings, provided that the subdivision to create the lot for the multi-family dwelling shall be recorded prior to a building permit for that dwelling. The final subdivision to create the lots for the single-family attached dwellings may be recorded after the construction of such dwellings, provided that no certificate of occupancy for a dwelling shall be issued until the respective lot has been created by an approved and recorded final subdivision;
(g) That a covenant referencing the terms and conditions of this ordinance shall be established in conjunction with recordation of the final subdivision plat. Said covenant shall be intended to alert individual lot owners to the specific lot development standards established by this ordinance, or by and subsequent amendments to this ordinance;
(h) That adoption of this ordinance shall not be construed to affect the rights of any property owner that adjoins the eight-foot wide private alley that runs along the rear of 2107-2123 West Cary Street. Prior to the issuance of the first building permit for any building permit for any building authorized herein, the owner shall present documentation that there are no such rights accruing to other parties, or that any such rights to the portion of the alley along the rear of [2107-2117] 2107-2119 West Cary Street have been terminated by the parties to whom those rights accrue. If, as a condition of the termination of those rights, a north-south connection must be established from the remaining portion of the alley south to the 15-foot wide east-west alley, and easement for such a connection must be recorded concurrent with appropriate final subdivision plat and the easement must be paved in conjunction with the construction of the independent parking area serving the multi-family dwelling;
(i) That final grading and drainage plans shall be approved by the Director of [Community Development] Public Utilities prior to the issuance of building permits;
(j) That storm or surface water shall not be allowed to accumulate on the land and adequate facilities for drainage of storm and surface water from the land or buildings shall be provided and maintained at all times by the owner at its cost and expense so as not to adversely affect or damage adjacent properties or public streets and alleys and the use thereof;
(k) That facilities for the collection of refuse shall be provided in accordance with the requirements of the Director of Public Works, and any such facilities provided for the twelve (12) unit multi-family dwelling shall be located or screened so as to not be visible from adjacent properties and public streets, substantially as depicted on the [attached] plans attached to Ordinance No. 1994-219-209, adopted October 10, 1994.
§ 4. That should the owner(s) of the properties use the premises for any purpose which is not permitted by this amendatory ordinance, or fails, refuses or neglects to comply with all applicable terms and conditions, and does not terminate such use or comply with such terms and conditions within sixty days after written notice to do so has been given by the zoning administrator, the privileges granted by this amendatory ordinance shall terminate and the special use permit shall become null and void, unless an application for a special use amendment is filed with the Director of [the Department of Community] Planning and Development Review, which shall stay the sixty day period. Failure to comply with the terms of this amendatory ordinance shall constitute a violation of [§32-1080] section 30-1080 of the Code of the City of Richmond, [1993] (2020), as amended, or other applicable provision. In the event the ownership of the seven resulting lots has transferred to more than one person or entity, the written notice of such unauthorized use or noncompliance may be made only to the owner of the lot or lots on which such unauthorized use or noncompliance occurs, and the termination of the privileges granted by the amendatory ordinance may be applied only to the lot or lots on which such unauthorized use or noncompliance occurs, and the special use permit shall continue in force for any lot which is in conformance with the terms and conditions of this amendatory ordinance.
§ 5. That when the privileges granted by this ordinance terminate and the special use permit becomes null and void or when the use of the premises is abandoned for a period of twenty-four consecutive months, use of the real estate shall be governed thereafter by the zoning regulations prescribed for the district in which the real estate is then situated.
§ 6. This ordinance shall be in force and effect upon adoption.
II. This amendatory ordinance shall be in force and effect upon adoption.
City of Richmond
Intracity Correspondence
O&R Transmittal
DATE: January 7, 2026
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: Odie Donald II, 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 reordain Ord. No. 1994-219-209, adopted Oct. 10, 1994, which authorized the special use of the property known as 2107-2117 West Cary Street, for the purpose of the construction of a twelve-unit multi-family dwelling and six single-family attached dwellings, upon certain terms and conditions, to modify the terms and conditions.
ORD. OR RES. No.
PURPOSE: The applicant is proposing to construct two, two-family detached dwellings at 103 Shields Avenue which is currently associated with Ordinance No. 94-219-209. This existing Special Use Permit from 1994 required the property to be used as off-street parking for a multi-family building at 2107 West Cary Street. In order to create new dwellings at 103 Shields Avenue, a Special Use Permit Amendment is required.
BACKGROUND: The 103 Shields Avenue property is located in the Fan neighborhood on South Shields Avenue between West Cary Street and Parkwood Avenue. The property is currently a 1,781 sq. ft. (.04 acre), vacant parcel of land.
The City’s Richmond 300 Master Plan designates these parcels as Community Mixed-Use. This land use is intended to be a “Cluster of medium-density, walkable commercial and residential uses that provide neighborhood services to nearby residential communities and sometimes feature regional attractions.” Intensity: Buildings generally ranging from two to six stories, based on street widths and depending on the historic context and stepping down in height adjacent to residential areas, as necessary. New buildings that are taller than historical buildings should step back from the build-to line after matching the height of the predominant cornice line of the block. Primary Uses: Retail/office/personal service, multi-family residential, cultural, and open space. Secondary Uses: Single-family houses, institutional, and government. Currently, the majority of surrounding properties are zoned R-63 with a small area of R-7 Single-and Two-Family Urban Residential directly to the south.
COMMUNITY ENGAGEMENT: Letters of notification shall be sent to near-by property owners, and a sign noting this request shall be placed on the property once the ordinance is introduced to City Council.
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: February 9, 2026
CITY COUNCIL PUBLIC HEARING DATE: March 9, 2026
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission, March 3, 2026
AFFECTED AGENCIES: Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Ordinance No. 94-219-209
ATTACHMENTS: Draft Ordinance, Application Form, Applicant’s Report, Plans, Survey, Map
STAFF: Jonathan Brown, Senior Planner, Land Use Administration (Room 511) 646-5734