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To amend Ord. No. 2008-270-261, adopted Nov. 10, 2008, as previously amended by Ord. No. 2003-296-255, adopted Sep. 8, 2003, which authorized a Community Unit Plan at 1300 Westwood Avenue for a mixed-use development consisting of a maximum of one hundred forty residential units, a community center with reception facility and non-medical office, a preventative healthcare facility, two private schools, and a fifty unit dormitory, and modified the plan for the fence required between the subject property and 1409 Palmyra Avenue, to modify the plan for the development of tennis courts. (3rd District)
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THE CITY OF RICHMOND HEREBY ORDAINS:
I. That Ordinance No. 2008-270-261, adopted November 10, 2008, as previously amended by Ordinance No. 2003-296-255, adopted September 8, 2003, be and is hereby amended and reordained as follows:
WHEREAS, the applicant of the affected properties submitted to the City Planning Commission (the “Commission”) a request to develop a mixed-use community with up to one- hundred forty (140) dwelling units, a community center with reception facility and non-medical offices, a preventative healthcare facility, two private schools, and a dormitory. The 15.6828 acres are identified as Parcel Numbers N000-1330/004, N000-1330/005, [N000-1330/008, N000-1330/0012A, N000-1330/0012B and N000-1330/0012C,] N000-1330/085, N000-1330/0015T, N000-1330/0012, N000-1330/0014, and N000-1330/011 in the [2003] 2025 records of the City Assessor, as shown on the survey entitled “Topographic Survey of Richmond Memorial Hospital Richmond, Virginia,” prepared by McKnight & Associates, P.C., and dated January 10, 2003, a copy of which is attached to and made a part of Ordinance No. 2003-296-255 (the “Property”); and
WHEREAS, the Commission, after holding a public hearing on the proposed community unit plan, approved the schematic drawings as a Preliminary Community Unit Plan, based upon written findings of fact as set out in a resolution dated and adopted by the Commission on July 21, 2003, a copy of such resolution being attached to Ordinance No. 2003-296-255; and
WHEREAS, the owner has voluntarily proposed restrictive covenants that will be recorded on the Property and which will not at any time be enforced by the City of Richmond; and
WHEREAS, the City Council approved the Preliminary Community Unit Plan on September 8, 2003; and
WHEREAS, the owner of the property at 1350 Westwood Avenue [has] submitted to the Commission a request to amend the Community Unit Plan to modify the plan for the fence required between the Property and 1409 Palmyra Avenue required between the Property and 1409 Palmyra Avenue, substantially as shown on sheets A0.01 and A0.06 of the plans entitled “Ginter Place, Condominiums, Parcel ‘C’, GPCV, LLC,” prepared by Commonwealth Architects and dated October 23, 2007, and sheet SK-90 of the plans entitled “Ginter Place, Condominiums, Parcel ‘C’, GPCV, LLC,” prepared by Commonwealth Architects and dated September 24, 2007, copies of which are attached to and incorporated into [this ordinance] Ordinance No. 2008-270-261; and
WHEREAS, the Commission approved the requested amendment based on findings of fact as set out in a resolution dated and adopted by the Commission on September 2, 2008, a copy of which is attached to [this ordinance] Ordinance No. 2008-270-261; and
WHEREAS, the owner of the property at 1402 Westwood Avenue has submitted to the Commission a request to amend the Community Unit Plan to modify the plan for the purpose of the development of tennis courts, substantially as shown on sheets C3.00 and C6.01 of the plans entitled “Veritas Tennis Facility,” prepared by vhb and dated September 13, 2024, copies of which are attached to and incorporated into this ordinance and hereinafter referred to as “the 2025 Plan;” and
WHEREAS, after receiving a report from the Director of Planning and Development Review, the Commission shall, by formal resolution, approve the 2025 Plan as a final plan if it finds that the requirements of Section 30-456.4 <https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=CH30ZO_ARTIVDIRE_DIV30COUNPL_S30-456.4APDIPRPLCR>, of the Code of the City of Richmond (2020), as amended, are met and that such plan is consistent with objectives of the preliminary plan as adopted by the Council and not in conflict with any conditions specified by the Council; and
WHEREAS, the Council concurs in the findings of fact made by the Commission;
NOW, THEREFORE,
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That, pursuant to section 17.l0(g) of the Charter of the City of Richmond [(2006)] (2020), as amended, and Article IV of Chapter [114] 30 of the Code of the City of Richmond [(2004)] (2020), as amended, the development and use of the above referenced properties, generally in accordance with the schematic site plan, floor plans and elevations entitled “Schematic Drawings for CUP”, prepared by Commonwealth Architects, dated January 10, 2003, and last revised June 16, 2003, copies of which are attached to and made a part of Ordinance No. 2003-296-255 and the development of tennis courts at the above referenced Property, generally in accordance with the 2025 Plan, is hereby approved and permitted, subject to the following standards, terms, and conditions:
I. DEVELOPMENT CONCEPT: The Preliminary Community Unit Plan (the “Plan”) for development of the properties is depicted on the [attached] plans entitled “AS1.01 Schematic Site Plan - Scheme B” attached to Ordinance 2008-270-261.
A. The Plan depicts the Laburnum Tower as a maximum of sixty-six (66) condominium dwelling units.
B. The Plan depicts the Ginter Building as a maximum of seven (7) condominium dwelling units.
C. The Plan depicts the Gloucester Building as a parking deck and storage facility for residents.
D. The Plan depicts the Laburnum House as a community center with reception facility and non-medical offices.
E. The Plan depicts the east portion of the Palmyra Building as a preventative healthcare center and the west portion of the Palmyra Building as a private school or a maximum of twenty-three (23) condominium dwelling units.
F. The Plan depicts the Lamont Building as (i) a private school, (ii) a maximum of eighteen (18) condominium dwelling units or (iii) a maximum of fifty (50) dormitory units.
G. The Plan depicts the demolition of the Westwood Medical Office Building and parking area for construction of a maximum of twelve (12) townhouse style condominium dwelling units.
H. The Plan depicts the construction of a maximum of twelve (12) townhouse style condominium dwelling units at Westwood Avenue and the former Lamont Street.
I. The Plan depicts the Dialysis Center as a single-family detached dwelling.
J. The Plan depicts a lot for construction of a single-family detached dwelling.
K. The Plan depicts the demolition of maintenance buildings for green space.
L. The Plan depicts the demolition of a portion of the Laburnum Tower adjacent to Laburnum House for open space which includes a patio.
M. Where specific standards set forth in this ordinance exceed or modify standards for features shown on the Plan, this ordinance shall apply to such features. For the purposes of this ordinance, the Plan shall be deemed to be the Final Community Unit Plan for (i) the Laburnum House for a community center with reception facility and non-medical offices and (ii) the east portion of the Palmyra Building for a preventative healthcare center. All other uses shall be subject to Final Plan review, unless otherwise noted. Except to satisfy requirements of the Virginia Uniform Statewide Building Code and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2000), no additions to the existing buildings on the Property that would increase floor area shall be permitted.
II. PHASING: Residential construction on the Property shall be developed in two (2) phases.
A. The first phase shall include the Laburnum Tower, the Gloucester Building, the single-family detached dwellings, and the west townhouse style condominium dwelling units. A building permit shall be obtained for the Laburnum Tower prior to or simultaneously with other building permits for Phase I development.
B. A building permit shall not be issued for condominium units in the second phase of residential development until the last certificate of occupancy has been issued for the final condominium unit in the Laburnum Tower. The second phase of residential development may include any combination of the following: (i) the east townhouse style condominium dwellings; (ii) the Ginter Building; (iii) the Palmyra Building; and (iv) the Lamont Building for condominiums.
III. MAXIMUM DWELLING UNITS: Residential use of the Property shall be limited to (i) up to one-hundred fourteen (114) condominium dwelling units; (ii) up to twenty-four (24) townhouse style condominium dwelling units; (iii) up to two (2) single-family detached dwellings; and (iv) up to fifty (50) dormitory units.
IV. DWELLING UNIT DEVELOPMENT STANDARDS:
A. SINGLE-FAMILY DETACHED DWELLING: The single-family detached dwellings on the Property shall be designed and constructed substantially in conformance with and using similar massing and architectural character as the existing two-story single-family dwellings in the 3400 block of Gloucester Road and shall adhere to the following standards: minimum lot width shall be eighty (80) feet; minimum lot area shall be 12,000 square feet; minimum front yard shall be twenty-five (25) feet or as set forth in section [114-630.2] 30-630.2 of the Code of the City of Richmond [(2004)] (2020), as amended; minimum rear yard shall be seven and one-half (7½) feet; minimum side yard shall be seven and one-half (7½) feet; maximum lot coverage shall not exceed twenty-five (25) percent of the area of the lot; minimum finished floor area, defined as heated and cooled space, shall be 2000 square feet. The single- family detached dwelling lot shall be sodded prior to the issuance of a final certificate of occupancy for the dwelling on the lot.
B. TOWNHOUSE STYLE CONDOMINIUM DWELLING UNITS: The townhouse style condominium units on the Property shall be designed and constructed substantially in conformance with and using similar massing and architectural character as depicted on the attached elevation drawings and shall adhere to the following standards: minimum finished floor area, defined as heated and cooled space, shall be 2200 square feet; no more than two (2) dwelling units may be attached in any series. Dwelling units shall not have primary entrances fronting Westwood Avenue. A garage shall be provided with each townhouse style condominium dwelling unit and shall be substantially in conformance with the attached elevation drawings, subject to Final Plan approval.
C. CONDOMINIUM DWELLING UNITS: Minimum finished floor area, defined as heated and cooled space, shall be 1500 square feet. Accessory community spaces in the Laburnum Tower including but not limited to lounge rooms, libraries, recreation and exercise rooms, workrooms, craft rooms, and music rooms as shown on the attached Plan, shall be restricted to the use of residents of the Property and their guests.
D. BUILDING HEIGHT: No building or structure shall exceed thirty-five (35) feet in height on lots for single-family detached dwellings and townhouse style condominium dwelling units. There shall be no alterations to any of the existing buildings on the Property that would increase the height of the building.
E. EXTERIOR BUILDING MATERIALS: Single-family detached dwellings and townhouse style condominium units shall be constructed with a minimum of seventy-five percent (75%) brick or stone or a combination of brick and stone exteriors. Secondary materials shall be restricted to stucco, wood siding, hardiplank or an equivalent material as approved as part of the Final Plan. Solid vinyl, vinyl cladding, or aluminum cladding may be used for exterior trim, windows, and soffits only. Exterior steel or metal doors, excluding garage doors, shall not be permitted. Roof shingles shall be faux slate or an equivalent material as approved as part of the Final Plan. Standing seam metal roofs may be used on secondary building elements such as porches. Decks and patios shall be constructed with masonry materials, not wood. Wood or solid vinyl may be used for raised porches and associated railing.
F. ACCESSORY RESIDENTIAL USES: A resident manager dwelling unit may be located in the Laburnum House and the Laburnum Tower as shown on the attached Plan.
V. DWELLING UNIT INTERIOR STANDARDS:
A. Townhouse style condominium dwelling units and condominium dwelling units shall have a minimum of two (2) and a maximum of three (3) bedrooms and a minimum of two (2) full bathrooms.
B. Each dwelling unit shall be equipped with dishwasher, garbage disposal, oven/range, refrigerator, microwave oven, washer and dryer at the time of the issuance of a final certificate of occupancy for that particular dwelling unit.
C. Dwelling unit interior finishes shall include ceramic tile and wood floors, solid wood or equivalent material for cabinetry, solid surface counter tops, solid core wood doors, and wood or equivalent material for base trim and shall be installed at the time of the issuance of a final certificate of occupancy for that particular dwelling unit. Each townhouse style condominium dwelling unit shall have finished wood floors throughout the first level, except the kitchen, utility area, bathrooms, and garage prior to the issuance of a final certificate of occupancy for that particular dwelling unit.
D. Each unit shall be pre-wired for cable, internet, telephone and security systems prior to the issuance of a final certificate of occupancy for that particular dwelling unit.
E. The Laburnum Tower shall have a card access system and be equipped with an alarm system. Security cameras shall be provided both indoors and outdoors to serve the Laburnum Tower.
VI. NON-RESIDENTIAL DEVELOPMENT STANDARDS:
A. LABURNUM HOUSE: The Laburnum House may be used for non-medical offices, a community center, and reception facility. No amplification of sound shall be permitted outside the Laburnum House.
(1) Non-medical Office Uses. Non-medical office uses shall be restricted to 10,000 square feet located on the second and third floors or in the basement. The non-medical office hours of operation open to the public shall be 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 p.m. on Saturday.
(2) Community Center. The community center shall be restricted to use by residents of the Property with their personal guests. The community center use shall be restricted to 10,000 square feet and may be located on the first and second floors only. The community center hours of operation shall be from 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to 11:00 p.m. on Friday and Saturday.
(3) Reception Facility. Reception uses by the public may only be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. Reception uses shall be restricted to 10,000 square feet and may be located on the first and second floors only.
B. PREVENTATIVE HEALTHCARE CENTER: For the purposes of this ordinance, a preventative healthcare center shall be defined as a facility offering, physical therapy, aquatic therapy, nutrition and weight management services, wellness center, fitness center and health seminars. The hours of operation shall be 7:00 a.m. to 9:30 p.m., Monday through Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday. The preventative healthcare center shall be available only to physician referred patients and members and their guests.
C. PRIVATE SCHOOL AND DORMITORY USES: A maximum of two (2) private elementary and secondary schools having curricula substantially the same as that offered in public schools shall be permitted on the Property. Private schools shall be restricted to a maximum enrollment of fifty (50) students each. Class hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Dormitory use in the Lamont Building shall be restricted to fifty (50) rooms and restricted to use by students of the Richmond Theological Consortium.
D. INCIDENTAL USES: Incidental uses permitted in the Laburnum Tower shall be designed and scaled for the convenience of the occupants of the Property and limited to the following: sale of convenience goods, eating and drinking establishments, dry cleaners pick up/drop off, ATM, and hair salon; provided that:
(1) The hours of operation shall be restricted to 6:00 a.m. to 7:00 p.m.;
(2) The sale of alcoholic beverages shall not be permitted;
(3) Not more than a total of five (5) employees in the aggregate may serve the incidental uses at any one time; and
(4) The incidental uses shall be further subject to the limitations provided in section [114-420.2(3)] 30-420.2(3) of the Code of the City of Richmond [(2004)] (2020), as amended, which restricts signage, access and floor area.
VII. ACCESS: Vehicular access to the Property shall be restricted to those locations shown on the attached Plan. The access on Palmyra Avenue at the northwest comer of the Property as shown on the attached Plan, shall be gated and restricted for use by emergency service vehicles only. The means of gating and access shall be as approved by the Department of Fire and Emergency Services and shall be shown on the Final Plan.
VIII. PARKING: A minimum of [five hundred seventy-five (575)] two hundred (200) parking spaces shall be provided on-site located in the areas shown on the Plan and may be shared by the uses on the Property. Parking areas shall be improved and landscaped in accordance with Chapter [114] 30 of the Code of the City of Richmond (2004) (2020), as amended.
IX. MINIMUM GREEN SPACE: A minimum of twenty-five percent (25%) of the land area shall be devoted to green space, which for the purposes of this ordinance shall include all grass, vegetated and landscaped areas of the Property.
X. BUFFERS AND LANDSCAPING: The plans for buffers and landscaping shall be submitted to and approved as part of the Final Plan.
A. BUFFERS: A landscaped buffer area of a minimum of fifteen (15) feet in width shall be provided along Westwood Avenue, Palmyra Avenue and the adjacent residential properties to the west. The landscaping shall include a combination of evergreen and deciduous trees and shrubs. Evergreen trees and shrubs shall be predominant along the perimeters of the Property adjacent to residential uses.
B. LANDSCAPING: The landscaping plan shall provide for newly established grass areas to be sodded. All landscaped areas parallel to Westwood Avenue, and sodded areas, except the single-family detached lots, shall be irrigated with an automatic in-ground water sprinkler system. Healthy, existing trees and shrubbery as shown on sheet ABS1.01 of the Plans attached to Ordinance No. 2003-296-255, shall be retained where reasonably possible in the landscaped areas. New deciduous trees included in the landscaping plan shall be a minimum of two and one-half (2½) inches in caliper, new small flowering ornamental trees shall be a minimum of six (6) feet in height, and new evergreen trees shall be a minimum of eight (8) feet in height.
XI. FENCES AND WALLS: All existing and proposed fences and walls shall be included in the landscape plan submitted and approved as part of the Final Plan.
A. A combination metal picket and brick pier fence measuring six (6) feet in height shall be provided along the property lines adjacent to the townhouse style condominium units.
B. A brick wall measuring four (4) feet in height shall be provided around the rear patio areas of the townhouse style condominium units.
C. The existing eight and one-half (8½) feet high brick wall currently located along the northern property line adjacent to the single family detached unit fronting Gloucester Road and the east townhouse style condominium units shall be repaired and maintained.
D. A fence shall be constructed along the west property line adjacent to 1409 Palmyra Avenue, substantially as shown on the attached plans. The attached plans shall be deemed to be the Final Plan for the fence.
XII. SCREENING: Dumpsters and loading areas shall be screened in accordance with the regular screening requirements of the zoning ordinance.
XIII. LIGHTING: Lighting plans shall be submitted and approved as part of the Final Plan. The lighting plans shall comply with the lighting requirements of Chapter [114] 30 of the Code of the City of Richmond [(2004)] (2020), as amended. Site lighting shall be produced from a shielded source of light. The playground area shown on the Plan shall not be lighted.
XIV. SIGNAGE: A comprehensive signage plan for new signs shall be submitted and approved as part of the Final Plan. Existing signs may be modified as to use and print for the Laburnum House, the Preventative Healthcare Center and the private school until a comprehensive signage plan is approved.
A. A temporary construction traffic sign not to exceed sixteen (16) square feet shall be posted at the construction access located on Westwood Avenue at the southeast side of the Property until a final certificate of occupancy is granted for the completed Laburnum Tower.
B. No signage shall be permitted for any incidental uses located in the Laburnum Tower.
C. No more than four (4) freestanding signs shall be permitted on the Property. Freestanding signs shall not exceed eight (8) feet in height. The aggregate square footage of the freestanding signs on the Property shall not exceed [sixty-7four] sixty-four (64) square feet. No one (1) freestanding sign shall exceed sixteen (16) square feet of sign area.
D. No more than five (5) signs attached flat against the buildings shall be permitted on the Property. The aggregate square footage of attached signs on the Property shall not exceed sixty-four (64) square feet. No one (1) sign attached flat against the buildings shall exceed fifteen (15) square feet of sign area.
§ 2. 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
DATE: February 10, 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 amend Ord. No. 2008-270-261, adopted Nov. 10, 2008, as previously amended by Ord. No. 2003-296-255, adopted Sep. 8, 2003, which authorized a Community Unit Plan at 1300 Westwood Avenue for a mixed-use development consisting of a maximum of one hundred forty residential units, a community center with reception facility and non-medical office, a preventative healthcare facility, two private schools, and a fifty unit dormitory, and modified the plan for the fence required between the subject property and 1409 Palmyra Avenue, to modify the plan for the development of tennis courts.
ORD. OR RES. No.
PURPOSE: The applicant is requesting an amendment to a previously approved Community Unit Plan located at 1402 Westwood Avenue. The amendment is to authorize the installation of two tennis courts.
BACKGROUND: The property is located in the Laburnum Park neighborhood on Westwood Avenue between Gloucester Road and Lamont Street. It is a part of the larger Veritas School development. The City’s Richmond 300 Master Plan designates a future land use for the subject property as Residential, which is defined as a “neighborhood consisting primarily of single-family houses on large- or medium-sized lots more homogeneous in nature.” (Richmond 300, p. 80)
Intensity: Buildings are generally one to three stories. Lot sizes generally range up to 5,000 to 20,000+ sq. ft. Residential density of 2 to 10 housing units per acre.
Primary Uses: Single-family houses, accessory dwelling units, and open space.
Secondary Uses: Duplexes and small multi-family buildings (typically 3-10 units), institutional, and cultural. Secondary uses may be found along major streets
The current zoning for the property is I - Institutional District.
COMMUNITY ENGAGEMENT: Applicant is responsible for community outreach; Additional notification will be made by staff after introduction.
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: Richmond 300 Master Plan
FISCAL IMPACT: $1,500 application fee.
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 draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Amend Ord. No. 2008-270-261
ATTACHMENTS: Application Form, Applicant’s Report, Plans, Survey
STAFF: Matthew Ebinger, Planning Supervisor, Land Use Administration (Room 511) 646-6308; Shaianna Trump, Planner Associate, Land Use Administration (Room 511) 646-7319