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To close, to public use and travel, unimproved portions of West 23rd Street located south of Semmes Avenue and north of McDonough Street, McDonough Street located east of West 22nd Street, Perry Street located east of West 22nd Street, and two unimproved alleys, one located between West 23rd Street and an existing alley and a second located between Perry Street and Porter Avenue, all such streets and alleys together consisting of 45,430± square feet and, upon certain terms and conditions, and to authorize the Chief Administrator Officer to accept the dedication of a public utility easement consisting of 11,646± square feet and a 3,106± square foot public right-of-way, all for the purpose of facilitating the development of multifamily affordable housing.
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That the following unimproved street and alleys consisting of approximately 45,430 square feet, are hereby closed to public use and travel as rights-of-way of the City of Richmond:
(a) An unimproved portion of West 23rd Street consisting of approximately 18,387 square feet located south of Semmes Avenue and north of McDonough Street;
(b) An unimproved portion of McDonough Street consisting of approximately 3,822 square feet located east of West 22nd Street;
(c) An unimproved portion of Perry Street consisting of approximately 14,362 square feet located east of West 22nd Street;
(d) An unimproved 14-foot wide public alley approximately 2,112 square feet located between West 23rd Street and an existing alley; and
(e) An unimproved 20-foot wide public alley approximately 6,747 square feet located between Perry Street and Porter Avenue,
as shown enclosed with bold lines on a drawing prepared by the Department of Public Works, designated as DPW Drawing No. N-29149-A, dated January 24, 2025, and entitled “Right of Way Vacation and Easement Vacation Plat for West 23rd Street, a Public Alley and McDonough Street,” and DPW Drawing No. N-29149-B, dated January 24, 2025, and entitled “Right of Way Vacation and Easement Dedication Plat for Perry Street and a 20’ Public Alley,” copies of which drawings are attached to this ordinance.
§ 2 That this ordinance, as to the closing of the rights-of-way identified in section 1 above, shall be in force as provided in section 4.09 of the Charter of the City of Richmond (2020), as amended, and shall become effective only when, within 18 months from the day this ordinance is adopted:
(a) The applicant makes arrangements satisfactory to public utility or public service corporations whose properties or facilities are in the right-of-way area to be closed either for the removal, relocation or abandonment thereof or for the construction, reconstruction, maintenance and repair thereof, evidence of which shall be in writing, approved as to form by the City Attorney, and filed in the office of the City Clerk. If the applicant submits to the Chief Administrative Officer a writing indicating the applicant’s decision not to relocate the utilities in the right-of-way area to be closed, the applicant shall grant to the City an easement over the subject areas, which easement shall be defined on a plat provided by the applicant and approved by the Director of Public Works. In such case, the Chief Administrative Officer shall be authorized to accept the dedication of such easement, provided that the easement shall be approved as to form by the City Attorney.
(b) The applicant bears all costs associated with the closing, including, but not limited to, realignment, relocation or removal of utilities or infrastructure, installation of new utilities or infrastructure, new or revised street name or directional signs, streetlights, and similar infrastructure, as required by City agencies, and agrees in writing with the City that, for itself, its successors and its assigns, they shall indemnify, reimburse, and keep and hold the City free and harmless from liability on account of injury or damage to persons, firms, corporations or property, which may result directly or indirectly from the closing of the rights-of-way to public use and travel by this ordinance and from the interference with the drainage, flow or overflow of surface or subsurface water resulting directly or indirectly therefrom; and in the event that any suit or proceeding is brought against the City at law or in equity, either independently or jointly with the owner or owners of all the property abutting the aforesaid alleys on account thereof, they shall defend the City in any such suit or proceeding at their cost; and in the event of a final judgment or decree being obtained against the City, either independently or jointly with the property owner or owners granting consent for the aforesaid rights-of-way to be closed to public use and travel, they shall pay such judgment or comply with such decree including payment of all costs and expenses or whatsoever nature and hold the City harmless therefrom.
(c) The applicant shall dedicate to the City an additional public right-of-way as identified on DPW Drawing No. N-29149-A, dated January 24, 2025, and entitled “Right of Way Vacation and Easement Plat for West 23rd Street, A Public Alley and McDonough Street,” The Chief Administrative Officer shall be authorized to accept the dedication of such public right-of-way, provided that the deed of dedication shall be approved as to form by the City Attorney.
(d) The applicant submits and obtains approval by the Director of Planning and Development Review of a Plan of Development pursuant to Chapter 30, Article X, Division 4 of the Code of the City of Richmond (2020), as amended, for the construction of the improvements on the site and the proposed rights-of-way closure and vacation, or if no Plan of Development is required, the applicant must apply for and be issued a building permit pursuant to the Virginia Uniform Statewide Building Code. Should approval of the Plan of Development or building permit be denied, this closure of the public right-of-way shall not go into effect.
(e) The applicant provides written evidence satisfactory to and approved as to form by the City Attorney that all facilities of the Department of Public Utilities in the right-of-way areas to be closed have been removed, relocated or otherwise accommodated within the right-of-way areas to be closed in such a manner satisfactory to the Director of Public Utilities.
(f) The applicant satisfies all terms and conditions requisite for the closing of the rights- of-way areas to be closed by this ordinance and provides the Department of Public Works, the Office of the City Attorney, and the Office of the City Clerk with written evidence that all terms and conditions of this ordinance have been satisfied.
§ 3. That, any fee normally required of the adjacent property owners for the acquisition of the closed rights-of-way areas is hereby waived.
§ 4. That, at such time as this ordinance becomes effective, the City shall have no further right, title or interest in the closed rights-of-way areas other than that expressly retained under provisions of this ordinance or granted to satisfy the terms and conditions set out in this ordinance.
§ 5. This ordinance shall be in force and effect only upon the satisfaction of the terms and conditions set out above.
City of Richmond
Intracity Correspondence
DATE: March 18, 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: Bobby Vincent Jr., Director, Department of Public Works
FROM: M.S. Khara, P.E., City Engineer, Department of Public Works
RE: To close to public use and travel SEVERAL UNIMPROVED PUBLIC RIGHTS-OF-WAY WITHIN THE SWANSBORO NEIGHBORHOOD AND AUTHORIZE ACCEPTANCE OF THE DEDICATION OF UTILITY EASEMENTS AND PUBLIC RIGHT-OF-WAY
ORD. OR RES. No.
PURPOSE: To close, to public use and travel, an unimproved portion of West 23rd Street (approx. 18,387 sq ft), an unimproved 14’ wide public alley (approx. 2,112 sq ft), an unimproved portion of McDonough Street (approx. 3,822 sq ft), an unimproved portion of Perry Street (approx. 14,362 sq ft), and an unimproved 20’ wide public alley (approx. 6,747 sq ft); and the dedication of public right-of-way (approx. 310 sq ft) and utility easements (approx. 11,646 sq ft), all as shown on DPW Dwg. No. N-29149-A dated 1/24/2025 and entitled “RIGHT-OF-WAY VACATION AND EASEMENT VACATION PLAT FOR WEST 23RD STREET, A PUBLIC ALLEY AND MCDONOUGH STREET” and DPW Dwg. No. N-29149-B dated 1/24/2025 and entitled “RIGHT-OF-WAY VACATION AND EASEMENT DEDICATION PLAT FOR PERRY STREET AND A 20’ PUBLIC ALLEY” at the request of the applicant.
BACKGROUND: A letter of request dated December 27, 2024, from Preston Lloyd, of Williams Mullen, on behalf of 2201 McDonough, LLC, 322 W 22nd Street, LLC and ECG Semmes Developer, LLC.
These rights-of-way vacations are proposed to facilitate development of approximately 266 affordable multi-family residential units, together with accompanying infrastructure and amenities. The Property is characterized by multiple parcels located south of Semmes Avenue in the Swansboro neighborhood of the City. Development will be consistent with the previously granted special use R-63 Multifamily Urban Residential District designation, as approved by City Council via Ordinance No. 2024-180. Pursuant to the Ordinance, the property is authorized to be used for the construction of up to three (3) multifamily buildings containing an aggregate of up to 266 dwelling units. The special use Ordinance also contemplated certain closures and vacations of unimproved public rights-of-way within the Property.
This Ordinance is being introduced for consideration by the City Council without consent to the closing having been obtained in writing from all owners of all the real property abutting those portions of the streets or alleys to be closed. The applicant owns all adjacent property or has obtained the consent of all adjacent property owners except for the owner of 215 W 21st St, which property is adjacent to the unimproved portion of Perry St being proposed for closure.
The value of the rights-of-way to be vacated (approx. 45,430 sq. ft.) has been determined to be $280,685 ($6.1784 per sq. ft.) and is based on assessed values of the adjacent parcels. This value may be reduced based upon the easement to be dedicated to the City by the applicant and the dedication of new public right-of-way.
The easement value ($35,977) is determined based upon the total easement area (11,646 sq. ft.) and applying a reduced assessed value (50% of the full assessed value; 50% x $6.1784 per sq. ft. = $3.0892 per sq. ft.).
The value of the right-of-way being dedicated ($1,915) is based upon the area being dedicated (310 sq. ft.) and the full assessed value of the various parcels ($6.1784 per sq. ft.).
The acquisition value of the rights-of-way to be vacated, should the applicant dedicate utility easements and new right-of-way to the City, has been determined to be $242,793.
The acquisition value of the rights-of-way to be vacated is being waived based upon the request of the Department of Housing and Community Development (HCD). In a letter dated January 24, 2025, HCD writes that the applicant “…will be constructing a new multi-family affordable housing development pursuant to the terms of an affordable housing performance grant approved by City Council as Ord. No. 2024-207. The City of Richmond has an affordable housing crisis, as declared by Council Res. 2023-R019, and as a result HCD is encouraging and requesting that all the relevant agencies that impact the production and preservation of affordable housing support our City-wide effort and the Mayor’s top priority to provide a spectrum of affordable housing opportunities for the citizens of Richmond. Accordingly, should the DPW recommend Council’s approval of this application, HCD requests that the Ordinance omit any requirement of monetary consideration to the City as a condition of vacation.”
The proposed right-of-way closing will not negatively impact the local City transportation network. Other reviewing administrative agencies were contacted regarding this closure and offered no objections to the right-of-way closing.
COMMUNITY ENGAGEMENT: After introduction, the proposed Ordinance will be referred to a future Planning Commission meeting for discussion, public encouraged to attend and provide comment; subsequent to Planning Commission recommendation to City Council, Council to hold a public hearing regarding the proposed Ordinance.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan (Goal 14: Housing); City Council Resolution No. 2023-R019 (Declare a housing crisis).
FISCAL IMPACT: $300 (processing fee); right-of-way purchase price applicable to adjacent property owners is waived.
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: May 12, 2025
CITY COUNCIL PUBLIC HEARING DATE: June 9, 2025
REQUESTED AGENDA: Consent Agenda
RECOMMENDED COUNCIL COMMITTEE: Planning Commission
AFFECTED AGENCIES: Public Works; Law Department; Planning & Development Review; Public Utilities; Assessor; Finance; Budget and Strategic Planning; Fire Department; Police Department, Mayor’s Office, and CAO’s Office
RELATIONSHIP TO EXISTING ORD. OR RES.: 2024-180 (adopted September 23, 2024)
ATTACHMENTS: DPW Dwg. No. N-29149-A (dated 1/24/2025)
DPW Dwg. No. N-29149-B (dated 1/24/2025)
Applicant’s request letter (Preston Lloyd, Williams Mullen)
HCD fee waiver request letter (Merrick Malone, Director)
STAFF: Prepared for Bobby Vincent, Jr., Director, DPW (646-6444)
Prepared by M.S. Khara, City Engineer, DPW (646-5413)
Research and Drawing Coordinated By: DPW/Right-of-Way Management