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To amend and reordain Ord. No. 80-125-107, adopted Jun. 30, 1980, which authorized the use of the real estate, a parcel containing 2.274 acres, located on the south side of Forest Hill Avenue east of Bliley Road being more completely described as follows: beginning at a point on the south side of Forest Hill Avenue, said point being 670 feet east of the center line of Bliley Road; thence extending 208.41 feet in a southeasterly direction along the south line of Forest Hill Avenue to a point; thence extending 381.23 feet in a southwesterly direction along a line of bearings 54° 03’ 10” W to a point; thence extending 232.56 feet in a northwesterly direction along a line of bearing N 43° 26’ 40” W to a point; thence extending 77.64 feet in a northwesterly direction along a line of bearing N 42° 11’ 05” W to a point; thence extending 410.83 feet in a north-easterly direction along a line of bearing N 68° 12’ 25” E to the point of beginning, for multiple-family dwelling (condominium) purposes and to authorize the construction of eighteen townhouse (condominium) dwelling units (for sale), with accessory off-street parking, to allow for accessory structures and additions that are customarily incidental and clearly subordinate to the single-family attached dwellings. (4th District)
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THE CITY OF RICHMOND HEREBY ORDAINS:
I. That Ordinance No. 80-125-107, adopted June 30, 1980, be and is hereby amended and reordained as follows:
WHEREAS, the owner of the properties known as 5539 Forest Hill Avenue, 5541 Forest Hill Avenue, 5543 Forest Hill Avenue, 5545 Forest Hill Avenue, 5547 Forest Hill Avenue, 5549 Forest Hill Avenue, 5551 Forest Hill Avenue, 5553 Forest Hill Avenue, 5555 Forest Hill Avenue, 5557 Forest Hill Avenue, 5559 Forest Hill Avenue, 5561 Forest Hill Avenue, 5563 Forest Hill Avenue, 5565 Forest Hill Avenue, 5567 Forest Hill Avenue, 5569 Forest Hill Avenue, 5571 Forest Hill Avenue, 5573 Forest Hill Avenue, and 5575 Forest Hill Avenue, which are situated in a R-3 Single-Family Residential District, desires to use such properties for the purpose of eighteen single-family attached dwellings and accessory off-street parking, which use, among other things, is not currently allowed by section 30-406.1 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. That the real estate known as 5539 Forest Hill Avenue, [a parcel containing 2.274 acres, located on the south side of Forest Hill Avenue east of Bliley Road being more completely described as follows: beginning at a point on the south side of Forest Hill Avenue, said point being 670 feet east of the center line of Bliley Road; thence extending 208.41 feet in a southeasterly direction along the south line of Forest Hill Avenue to a point; thence extending 381.23 feet in a southwesterly direction along a line of bearing S 54° 03’ 10” W to a point; thence extending 232.56 feet in a northwesterly direction along a line of bearing N 43° 26’ 40” W to a point; thence extending 77.64 feet in a northwesterly direction along a line of bearing N 42° 11’ 05” W to a point; thence extending 410.83 feet in a northeasterly direction long a line of bearing N 68° 12’ 25” E to the point of beginning,] 5541 Forest Hill Avenue, 5543 Forest Hill Avenue, 5545 Forest Hill Avenue, 5547 Forest Hill Avenue, 5549 Forest Hill Avenue, 5551 Forest Hill Avenue, 5553 Forest Hill Avenue, 5555 Forest Hill Avenue, 5557 Forest Hill Avenue, 5559 Forest Hill Avenue, 5561 Forest Hill Avenue, 5563 Forest Hill Avenue, 5565 Forest Hill Avenue, 5567 Forest Hill Avenue, 5569 Forest Hill Avenue, 5571 Forest Hill Avenue, 5573 Forest Hill Avenue, 5575 Forest Hill Avenue and identified as Tax Parcel Nos. C005-0341/119, C005-0341/101, C005-0341/102, C005-0341/103, C005-0341/104, C005-0341/105, C005-0341/106, ,C005-0341/107 C005-0341/108, C005-0341/109, C005-0341/110, C005-0341/111, C005-0341/112, C005-0341/113, C005-0341/114, C005-0341/115, C005-0341-116, C005-0341/117, C005-0341/118, respectively, in the 2026 records of the City Assessor, as shown on the [attached] plans attached to Ordinance No. 80-125-107, adopted June 30, 1980, entitled [“Colonial Green,” consisting of site plan, front elevation, and floor plans,] “Plat Showing 2.274 Acres of Land on the West Line of Forest Hill Avenue, Richmond, Virginia,” prepared by J. K. Timmons & Associates, Inc., and dated September 6, 1979, is hereby permitted to be used for [multiple-family dwelling (condominium, pursuant to the provisions of Chapter 4.2 of Title 55, Chapter 416 of the Acts of the General Assembly of 1974, as amended of the Code of Virginia) purposes, construction of eighteen townhouse (condominium) units for sale, with] eighteen single-family attached dwellings and accessory off-street parking.
§2. That the Commissioner of Buildings is hereby authorized to issue to the owner of the real estate, or its successor in fee simple title, a special use permit for such purposes, and to permit the erection of eighteen dwelling units on the real estate for use for such purposes substantially in accordance with the [attached] plans attached to Ordinance No. 80-125-107, adopted June 30, 1980, entitled: “Colonial Green,” prepared by Douglas W. Bowman, Jr., Designer, and Thomas W. Cockerell, Architect, dated May 1, 1980, attached to the draft of and made a part of [this ordinance] Ordinance No. 80-125-107, adopted June 30, 1980. The permit shall be transferable to the successor in title of the owner, whether acquired by operation of law, deed or otherwise, and shall run with the land subject to the following terms and conditions:
(1) That the acceptance of the permits and the exercise of the privileges granted by this ordinance by the owner and its successors in title shall constitute a warranty on the part of the owner and its successors in title to the land and all of the buildings will be vested in the same person or corporation or both until completion of the construction, provided, however, the City Attorney may for good case waive such requirements;
(2) That the owner, and successor owners, of any unit will be bound by, observe and will 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 amendatory ordinance;
(3) That not less than thirty-six parking spaces shall be provided at substantially the locations shown on the [attached] plans attached to Ordinance No. 80-125-107, adopted June 30, 1980;
(4) That all parking areas and access aisles shall be paved with a dust-free, all-weather surface, and parking spaces shall be delineated on the pavement surface. Parking areas and access aisles shall be screened from view from adjacent public streets and residentially zoned properties by evergreen vegetative or opaque structural material not less than four and one-half feet in height;
(5) [That driveways shall be constructed in accordance with the City Driveway Policy Standards;
(6)] That final grading and drainage plans shall be approved by the Director of Public Works prior to issuance of building permits;
[(7)] (6) That facilities for the collection of refuse shall be provided in accordance with the requirements of the Department of Public Works and such facilities shall be so located or screened as not to be visible from adjacent public streets or residentially zoned property;
[(8)] (7) 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 the use thereof;
[(9)] (8) That existing trees shall be retained and additional trees and landscaping shall be provided as shown on the [attached] plans attached to Ordinance No. 80-125-107, adopted June 30, 1980;
[(10)] (9) That should the owner or owners of individual units use the premises for any purpose which is not permitted by this ordinance, or fail, refuse or neglect to comply with the provisions of foregoing paragraphs (1) through [(9)] (8) and do not terminate such use or comply with such provisions within one hundred eighty days after written notice so to do has been given to the owner by the Commissioner of Buildings, the privileges granted by this amendatory ordinance shall terminate and the special use permit shall become null and void;
[(11)] (10) That when the privileges granted by this ordinance terminate and the special use permit becomes null and void or when 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 regulation prescribed for the district in which the real estate is then situated; and
[(12) That application for a building permit to erect the buildings will be made within twelve months from the effective date of this ordinance, which building permit shall expire by limitation and become null and void if the buildings are not commenced within on hundred eighty days from the date of the building permit, or if the work of constructing the building is suspended or abandoned for a period of one hundred eighty days at any time after the work is commenced, as provided in section 8-15 of the Building code (Code of the City of Richmond 1975); and if application for the building permit is not made within twelve months from the effective date of this ordinance or should the building permit become null and void, the privileges granted by this ordinance shall terminate and the special use permit shall become null and void.]
(11) That accessory structures and additions that are customarily incidental and clearly subordinate to the single-family attached dwellings shall be permitted.
§ 3. This ordinance shall be in force and effect upon adoption.
II. This amendatory ordinance shall be in force and effect upon adoption.
DATE: November 21, 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: Odie Donald II, Chief Administrative Officer
THROUGH: Sharon L. Ebert, DCAO for Economic Development and Planning
FROM: Kevin J. Vonck, Director of Planning & Development Review
RE: To amend and reordain Ord. No. 80-125-107, adopted Jun. 30, 1980, which authorized the use of the real estate, a parcel containing 2.274 acres, located on the south side of Forest Hill Avenue east of Bliley Road being more completely described as follows: beginning at a point on the south side of Forest Hill Avenue, said point being 670 feet east of the center line of Bliley Road; thence extending 208.41 feet in a southeasterly direction along the south line of Forest Hill Avenue to a point; thence extending 381.23 feet in a southwesterly direction along a line of bearings 54° 03’ 10” W to a point; thence extending 232.56 feet in a northwesterly direction along a line of bearing N 43° 26’ 40” W to a point; thence extending 77.64 feet in a northwesterly direction along a line of bearing N 42° 11’ 05” W to a point; thence extending 410.83 feet in a north-easterly direction along a line of bearing N 68° 12’ 25” E to the point of beginning, for multiple-family dwelling (condominium) purposes and to authorize the construction of eighteen townhouse (condominium) dwelling units (for sale), with accessory off-street parking, to allow for accessory structures and additions that are customarily incidental and clearly subordinate to the single-family attached dwellings.
ORD. OR RES. No.
PURPOSE: The applicant seeks to build a screened-in porch in the rear of their property where a back deck used to exist. The existing special use permit for the townhouse community does not articulate the right for additions or accessory uses, therefore, an SUP amendment is required.
BACKGROUND: The property is in the Cedarhurst neighborhood along Forest Hill Avenue, between Westower Drive and Bliley Road. The City’s Richmond 300 Master Plan designates a future land use for the subject property as Neighborhood Mixed Use, which is defined as “Existing or new highly-walkable urban neighborhoods that are predominantly residential with a small, but critical, percentage of parcels providing retail, office, personal service, and institutional uses… Primary Uses: Single-family houses, accessory dwelling units, duplexes, small multi-family buildings (typically 3-10 units), and open space. Secondary Uses: Large multifamily buildings (10+units), retail/office/personal service, institutional, cultural, and government.”
The current zoning for this property is R-3 Single-Family Residential District. Adjacent properties are located within the same R-3 district and the surrounding area is primarily single-family residential.
COMMUNITY ENGAGEMENT: The Colonial Green HOA was notified of the application; additional community notification will take place after introduction.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan
FISCAL IMPACT: $200 application fee.
DESIRED EFFECTIVE DATE: Upon adoption
REQUESTED INTRODUCTION DATE: March 23, 2026
CITY COUNCIL PUBLIC HEARING DATE: April 27, 2026
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission April 21, 2026
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: SUP-80-125-107
ATTACHMENTS: Draft Ordinance, Authorization from Property Owner, Applicant’s Report, Plans, Survey
STAFF:
Alyson Oliver, Program and Operations Manager, Land Use Administration (Room 511) 646-3709
Madison Wilson, Planner, Land Use Administration (Room 511) 646-7436