Legislation Details

File #: ORD. 2026-109    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 2/12/2026 In control: Planning Commission
On agenda: 5/19/2026 Final action:
Title: To close, to public use and travel, a portion of public right-of-way located south of Brookland Park Boulevard and east of Robin Hood Road, consisting of approximately 11,105? square feet upon certain terms and conditions.
Patrons: Mayor Avula (By Request)
Attachments: 1. Ord. No. 2026-109

title

To close, to public use and travel, a portion of public right-of-way located south of Brookland Park Boulevard and east of Robin Hood Road, consisting of approximately 11,105± square feet upon certain terms and conditions.

body

THE CITY OF RICHMOND HEREBY ORDAINS:

 

§ 1.                     That a portion of public right-of-way located along the eastern right-of-way line of Robin Hood Road and the southern right-of-way line of Brookland Park Boulevard, consisting of approximately 11,105 square feet, is hereby closed to public use and travel as a right-of-way of the City of Richmond, as shown enclosed with bold lines on a drawing prepared by the Department of Public Works, designated as DPW Drawing No. N-29195, dated January 13, 2026, and entitled “PROPOSED CLOSING TO PUBLIC USE AND TRAVEL OF A PORTION OF PUBLIC RIGHT OF WAY LOCATED SOUTH OF BROOKLAND PARK BOULEVARD AND

EAST OF ROBIN HOOD ROAD,” a copy of which drawing is 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 obtains consent to the closing from each of the owners of land, buildings or structures from whom consent is required under section 24-314 of the Code of the City of Richmond (2020), as amended, which consents shall be in writing, approved as to form by the City Attorney, and filed in the office of the City Clerk.

(b)                     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.

(c)                     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 alley 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.

(d)                     The applicant shall provide evidence that they have identified any public or private utilities that may have a vested interest in, or facilities located within, the subject right-of-way and worked out arrangements with the owners of any such utilities to protect the owner’s rights. All affected owners of private and public infrastructure must provide written acknowledgement that they are satisfied with the resolution of their facilities within the proposed closing area for this Ordinance to be valid.

(e)                     The applicant submits and obtains approval by the Director of Planning and Development Review of a Site Plan 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 Site Plan 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 Site Plan or building permit be denied, this closure of the public right-of-way shall not go into effect.

(f)                     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.

(g)                     The applicant pays the City the sum of $100,792.48 for the right-of-way area to be closed. This condition is satisfied when all abutting property owners execute an agreement to purchase the right-of-way area to be closed, with such agreement being in accordance with section 15.2-2008 of the Code of Virginia (1950), as amended, and approved as to form and legality by the City Attorney. If any property owner fails to make the payment for such owner’s fractional portion within 18 months of the date of adoption of this ordinance, then the closing shall be null and void.

(h)                     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, 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.

§ 4.                     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

 

O&R Transmittal

DATE:                     March 18, 2026                                                                                                                                                                        

 

TO:                       The Honorable Members of City Council

 

THROUGH:                     The Honorable Dr. Danny Avula, Mayor

 

THROUGH:                     Odie Donald II, Chief Administrative Officer

 

THROUGH:                     Alfred Wiggins, Deputy 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 A PORTION OF PUBLIC RIGHT OF WAY LOCATED SOUTH OF BROOKLAND PARK BOULEVARD AND EAST OF ROBIN HOOD ROAD, CONSISTING OF APPROXIMATELY 11,105+/- SQUARE FEET UPON CERTAIN TERMS AND CONDITIONS

 

ORD. OR RES. No.                                          

 

PURPOSE:  To close, to public use and travel, a portion of public right-of-way located south of Brookland Park Boulevard and east of Robin Hood Road, consisting of approximately 11,105± square feet upon certain terms and conditions as shown on DPW Dwg. No. N-29195 dated 1/13/2026 and entitled “PROPOSED CLOSING TO PUBLIC USE AND TRAVEL OF A PORTION OF PUBLIC RIGHT OF WAY LOCATED SOUTH OF BROOKLAND PARK BOULEVARD AND EAST OF ROBIN HOOD ROAD” at the request of the applicant.

 

BACKGROUND:  A letter of request dated July 18, 2025, has been received from Markham Planning on behalf of their client, the Richmond Waldorf School, the owner of the property (1301 Robin Hood Road) adjacent to the proposed closing.

 

The portion of right-of-way proposed to be closed is located along the eastern r/w line of Robin Hood Road and the southern r/w line of Brookland Park Boulevard, adjacent to the Richmond Waldorf School (1301 Robin Hood Road/Parcel ID N0001019002).  This portion of right-of-way formerly served as an eastbound slip lane from Robin Hood Road to Brookland Park Boulevard, however, it has been closed to vehicular traffic for approximately the past three (3) years. The Department closed the slip lane from Robin Hood Road to Brookland Park Boulevard as part of the bike lane redesign, and to also to eliminate vehicles utilizing the slip lane as they often failed to observe the stop sign located in front of the Richmond Waldorf School.

 

Should the closure be granted, the Richmond Waldorf School is proposing to construct a parking area to serve the school with 34 on-site parking spaces, landscaping, and sidewalks. In addition to providing needed additional parking, the proposal would improve traffic circulation and safety during the mornings and afternoons when students are being dropped off and picked up. The school shall also provide new public sidewalks along Robin Hood Road and Brookland Park Boulevard.

 

The Department had deferred putting forth this r/w closure request pending VDOT’s I-95 and I-64 Exit 78 Interstate Access STARS Study, which included this location at the outer limits of the study area. VDOT has recently advised “we [VDOT] are not proposing any improvement recommendations at Robin Hood Rd and Brookland Park Blvd. The only area of Brookland Parkway we are planning to propose improvements is at the intersection with Arthur Ashe Blvd.”

 

The value of the right of way to be vacated (11,105 sq. ft.) has been determined to be $123,379.83 ($11.1104 per sq. ft.) and is based the on assessed values of neighboring parcels. This value may be reduced based upon the utility easement to be dedicated to the City by the applicant.

 

The utility easement value ($22,587.35) is determined based upon the total easement area (4,066 sq. ft.) and applying a reduced assessed value (50% of the full assessed value; 50% x $11.1104 per sq. ft. = $5.5552 per sq. ft.).

 

The acquisition value of the right-of-way to be vacated, should the applicant dedicate a utility easement to the City, has been determined to be $100,792.48.

 

The proposed right-of-way closing will not negatively impact the local City transportation network.  Other reviewing administrative agencies were contacted regarding this request 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 INITATIVES AND OTHER GOVERNMENTAL:  Richmond 300 Master Plan (Goal 8: Non-Car Network - Objective 8.1, Improve pedestrian experience; Goal 9: Streets, Bridges & Connections - Objective 9.6, Implement parking strategies that effectively manage supply and demand of parking)

 

FISCAL IMPACT:  $100,792.48 (revenue to be received by the City).

 

DESIRED EFFECTIVE DATE:  Upon adoption

 

REQUESTED INTRODUCTION DATE:  April 27, 2026

 

CITY COUNCIL PUBLIC HEARING DATE:  May 26, 2026

 

REQUESTED AGENDA:  Consent Agenda

 

RECOMMENDED COUNCIL COMMITTEE:  None

 

CONSIDERATION BY OTHER GOVERNMENTAL ENTITIES: 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.:  None

 

ATTACHMENTS:                     DPW Dwg. No. N-29195

Applicant’s request letter (Markham Planning, on behalf of applicant)

                                                               

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