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To amend Ord. No. 2023-174, adopted June 26, 2023, which authorized the special use of the property known as 3601 Seminary Avenue for the purpose of a day nursery for up to 64 children, within a church, to allow for up to 74 children, upon certain terms and conditions. (3rd District)
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THE CITY OF RICHMOND HEREBY ORDAINS:
I. That Ordinance No. 2023-174, adopted June 26, 2023, be and is hereby amended and reordained as follows:
WHEREAS, the owner of the property known as 3601 Seminary Avenue, which is situated in a R-48 Multifamily Residential District and a R-1 Single-Family Residential District, desires to use such property for the purpose of a day nursery, for up to [64] 74 children, within a church, which use, among other things, does not meet the requirements of section 30-416.1(5), concerning yards for day nurseries, 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. Finding. Pursuant to section 30-1050.1 of the Code of the City of Richmond (2020), as amended, the Council hereby finds that the special use set forth in and subject to the terms and conditions of this ordinance will not (i) be detrimental to the safety, health, morals and general welfare of the community involved, (ii) tend to create congestion in streets, roads, alleys and other public ways and places in the area involved, (iii) create hazards from fire, panic or other dangers, (iv) tend to overcrowding of land and cause an undue concentration of population, (v) adversely affect or interfere with public or private schools, parks, playgrounds, water supplies, sewage disposal, transportation or other public requirements, conveniences and improvements, or (vi) interfere with adequate light and air.
§ 2. Grant of Special Use Permit.
(a) Subject to the terms and conditions set forth in this amendatory ordinance, the property known as 3601 Seminary Avenue and identified as Tax Parcel No. N000-1749/011 in the [2023] 2025 records of the City Assessor, being more particularly shown on a map entitled “Special Use Permit,” prepared by the City of Richmond Department of Planning & Development Review, and undated, a copy of which is attached to and made a part of [this ordinance] Ordinance No. 2023-174, adopted June 26, 2023, hereinafter referred to as “the Property,” is hereby permitted to be used for the purpose of a day nursery[,] for up to [ 64] 74 children, within a church, hereinafter referred to as “the Special Use,” substantially as shown on the plans entitled “Ginter Park Presbyterian Church, Richmond, Virginia,” prepared by an unknown preparer, and undated, a copy of which is attached to and made a part of Ordinance No. 2023-174, adopted June 26, 2023, the plans entitled “The Cottage School - 3601 Seminary Ave, Richmond, VA, 23227,” prepared by Mary Thornton, and dated July 11, 2025, and the plans entitled “GPPC Education Building - Second Floor,” prepared by an unknown preparer and undated, copies of which are attached to and made a part of this amendatory ordinance, hereinafter referred to, collectively, as “the Plans[,” a copy of which is attached to and made a part of this amendatory ordinance].”
(b) The adoption of this ordinance shall constitute the issuance of a special use permit for the Property. The special use permit shall inure to the benefit of the owner or owners of the fee simple title to the Property as of the date on which this ordinance is adopted and their successors in fee simple title, all of which are hereinafter referred to as “the Owner.” The conditions contained in this ordinance shall be binding on the Owner.
§ 3. Special Terms and Conditions. This special use permit is conditioned on the following special terms and conditions:
(a) The Special Use of the Property shall be as a day nursery, for up to [64] 74 children, within a church, which may include a preschool program.
(b) The outdoor play area, substantially as shown on the Plans in the area labeled “Playground,” shall be enclosed within a continuous fence or wall not less than four feet in height, which may be (i) located within a required front yard or a required side yard; (ii) opaque or non- opaque, or (iii) a chain-link fence.
[(d)] (c) The hours of operation of the Special Use shall be limited to the hours between 6:30 a.m. and 6:30 p.m., Monday through Friday.
[(e)] (d) The day nursery shall be licensed by and operated under the requirements of the Virginia Department of Education or its successor agency.
[(f)] (e) In addition to signs permitted in all districts, pursuant to section 30-505 of the Code of the City of Richmond (2020), as amended, one sign not exceeding eight square feet in area shall be permitted on the Property for the Special Use. The sign shall not be internally illuminated.
§ 4. Supplemental Terms and Conditions. This special use permit is conditioned on the following supplemental terms and conditions:
(a) All required final grading and drainage plans, together with all easements made necessary by such plans, must be approved by the Director of Public Utilities prior to the issuance of the building permit.
(b) Storm or surface water shall not be allowed to accumulate on the land. The Owner, at its sole cost and expense, shall provide and maintain at all times adequate facilities for the drainage of storm or surface water from the Property so as not to adversely affect or damage any other property or public streets and the use thereof.
(c) Facilities for the collection of refuse shall be provided in accordance with the requirements of the Director of Public Works. Such facilities shall be located or screened so as not to be visible from adjacent properties and public streets.
(d) Any encroachments existing, proposed on the Plans or contemplated in the future shall require separate authorization and shall be subject to the applicable provisions of the Code of the City of Richmond [(2015)] (2020), as amended, and all future amendments to such laws.
(e) In all other respects, the use of the Property shall be in accordance with the applicable underlying zoning regulations.
§ 5. General Terms and Conditions. This special use permit is conditioned on the following general terms and conditions:
(a) No permit implementing this special use permit shall be approved until satisfactory evidence has been presented to the Zoning Administrator that any delinquent real estate taxes applicable to the Property have been paid.
(b) The Owner shall be bound by, shall observe and shall comply with all other laws, ordinances, rules and regulations applicable to the Property, except as otherwise expressly provided in this ordinance.
(c) Words and phrases used in this ordinance shall be interpreted to have the meanings ascribed to them by section 30-1220 of the Code of the City of Richmond (2020), as amended, unless the context clearly indicates that a different meaning is intended.
(d) Notwithstanding any other provision of law, this special use permit is being approved due, in part, to the mitigating effects of each and every condition attached hereto; consequently, if any portion of this ordinance is determined to be invalid for any reason by a final, non-appealable order of any Virginia or federal court of competent jurisdiction, the invalidity shall cause the entire ordinance to be void and of no further effect from the effective date of such order.
(e) The privileges granted by this ordinance may be revoked pursuant to the provisions of sections 30-1050.7 through 30-1050.11 of the Code of the City of Richmond (2020), as amended, and all future amendments to such laws. Failure to comply with the terms and conditions of this ordinance shall constitute a violation of section 30-1080 of the Code of the City of Richmond (2020), as amended, and all future amendments to such law, or any other applicable laws or regulations.
(f) When the privileges granted by this ordinance terminate and the special use permit granted hereby becomes null and void, whether as a result of the Owner relinquishing this special use permit in a writing addressed to the Director of Planning and Development Review or otherwise, use of the Property shall be governed thereafter by the zoning regulations prescribed for the district in which the Property is then situated.
§ 6. Implementation. The [Zoning Administrator] Commissioner of Buildings is authorized to issue a [certificate of zoning compliance] building permit substantially in accordance with the Plans for the Special Use subject to the terms and conditions set forth in this amendatory ordinance. An application for the [certificate of zoning compliance] building permit shall be made within 730 calendar days following the date on which this amendatory ordinance becomes effective. If either the application for the [certificate of zoning compliance] building permit is not made within the time period stated in the previous sentence or the building permit terminates under any provision of the Virginia Statewide Building Code, this amendatory ordinance and the special use permit granted hereby shall terminate and become null and void.
§ 7. Effective Date. This ordinance shall be in force and effect upon adoption.
II. This amendatory ordinance shall be in force and effect upon adoption.
DATE: September 26, 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 Ord. No. 2023-174, adopted June 26, 2023, which authorized the special use of the property known as 3601 Seminary Avenue for the purpose of a day nursery for up to 64 children, within a church, to allow for up to 74 children, upon certain terms and conditions.
ORD. OR RES. No.
PURPOSE: The applicant seeks to increase enrollment of childcare from the previously conditioned 64 children to 74, therefore, an SUP amendment is required.
BACKGROUND: The property is located in the Ginter Park neighborhood, on the corner of Walton Avenue and Seminary Avenue. The property is currently a 102,457 sq. ft. (2.35 acre) parcel of land. The City’s Richmond 300 Master Plan designates a future land use for the subject property as Corridor Mixed Use, which is defined as “Found along major commercial corridors and envisioned to provide for medium- to medium high-density pedestrian- and transit-oriented development… Primary Uses: Retail/office/ personal service, multi-family residential, cultural, and open space. Secondary Uses: Single-family houses, institutional, and government”
The current zoning for this property is split as R-48 Multi-family Residential and R-1 Single-family Residential. Adjacent properties are within the same respective R-48 and R-1 districts. The primary uses of surrounding area are a mix of single-family homes, multi-family, and institutional.
COMMUNITY ENGAGEMENT: Ginter Park Residents Association 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: January 12, 2026
CITY COUNCIL PUBLIC HEARING DATE: February 9, 2026
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Planning Commission February 3, 2026
AFFECTED AGENCIES: Office of Chief Administrative Officer
Law Department (for review of draft ordinance)
RELATIONSHIP TO EXISTING ORD. OR RES.: Ord. 2023-174
ATTACHMENTS: Draft Ordinance, Authorization from Property Owner, Applicant’s Report, Plans,
STAFF:
Alyson Oliver, Program and Operations Manager, Land Use Administration (Room 511) 646-3709
Madison Wilson, Planner, Land Use Administration (Room 511) 646-7436