Town Council December 1, 2015 Title: Special Exception, SE #15-03 School of Special Instruction Staff Contact: Mark R. Holland, Zoning Administrator (703) 787-7380 mark.holland@herndon-va.gov Summary: This application is for a special exception to permit math and English educational services as a school of special instruction use within the Commercial Office, C-O, zoning district. The Town of Herndon Zoning Ordinance currently permits a school of special instruction use in the C-O zoning district with the granting of a special exception. The use, identified as Academy 4 Enrichment, will be within the Herndon Corporate Center located at 1175 Herndon Parkway, Suite 550 in Herndon, Virginia. The staff notes that several factors of this application have been modified from the Planning Commission review and recommendation. As a special exception this application must meet the requirements of Section 78-202.3(e) of the Town of Herndon Zoning Ordinance, which states the necessary findings for the approval of any special exception. Description: Address: 1175 Herndon Parkway, Suite 550 Herndon, Virginia Owner: Herndon Corporate Center LLC P.O. Box 34472 Washington, DC 20043
December 1, 2015, Page 2 Representative: Applicant: Tax Map Reference: Total Site Area: Total Tenant Area: Zoning: Primary Use: First Potomac Realty Trust 7600 Wisconsin Avenue, 11 th Floor Bethesda, Maryland 20814 Krishnaiah Pelleti 43465 Lucketts Bridge Circle Ashburn, Virginia 20148 0161-02-0015G 8.8703 Acres 1,241 Square Feet C-O, Commercial-Office Office Adjacent Zoning and Use: North: C-O, Commercial-Office Child Day Care RM, Residential Multi-Family Single Family Attached Townhouses South: Fairfax County East: CS, Commercial Service Retail and Personal Service West: PD-R, Residential Single Family Attached Townhouses Comprehensive Plan Designation: Adjacent Comprehensive Plan Designations: Related Applications: Office Parks and Flexible Space North: Neighborhood Conservation South: Fairfax County East: Business Corridor West: Neighborhood Conservation ZMA #85-101, Approval of Zoning Map Amendment from RTC-10 and C-O to C-O only. Fiscal Impact: The staff does not foresee any significant fiscal impacts for the Town related to this application.
December 1, 2015, Page 3 Planning Commission Recommendation: On October 5, 2015, the Planning Commission voted unanimously, 6-0 (Commissioner Moses was absent.) to recommend approval of this application with the following conditions. Some of these conditions, however, have been revised in the draft resolution: 1. Substantial Conformity. The site shall be developed and maintained in substantial conformance with the special exception plan submitted on May 12, 2015. 2. Permitted use. The use shall be limited to a school of special instruction to provide math and English educational services in preparation for various scholastic exams and after school programs. 3. Hours of Operation. The permitted hours of operation shall be 9:30 a.m. until 5:30 p.m., Saturday and Sunday. The after school programs shall operate from 4:00 p.m. until 6:30 p.m., Monday through Friday. 4. Number of Permitted Sessions and Clients. The total number of training sessions shall not exceed three per day, Saturday and Sunday. The total number of clients shall not exceed eight per session. The total number of class rooms shall not exceed two. For after school programs, the total number of students shall not exceed eight per class with no more than two classes being provided. There shall be no more than two teachers per class. 5. Signage. All signage must be approved by the Town of Herndon Community Development staff or by the Architectural Review Board, whichever applies. 6. Commencement of Operation. Prior to commencement of operation, as permitted by this application, a new zoning inspection permit shall be applied for by the applicant and approved, if it is approved, by the town. 7. Termination. This special exception may be terminated by the Town Council, following public hearing, based upon information provided by the Zoning Administrator, if the use is not operated in accordance with the zoning ordinance and the conditions set forth above. 8. Expiration. This special exception shall automatically expire, without notice, twelve months after the date of Town Council approval unless the proposed use has commenced operation. Additional time to commence the operation may be granted by the Town Council if a written request is
December 1, 2015, Page 4 submitted to the Zoning Administrator at least sixty days prior to the expiration date. 9. Transferability. This special exception shall not run with the land identified as Fairfax County Tax Map Number 0161-02-0015G and shall terminate by a change in substantial ownership or possession of the subject use; or by the discontinuance for a continuous period of two years or more of the school of special instruction use, whichever occurs first. 10. Inspection. The property owner and tenant shall during reasonable hours upon prior notice make provisions to allow town officials to inspect the property. Planning Commission Comments: The Planning Commission expressed no major concerns with the proposed special exception. Since the original submittal, the applicant added the proposed weekly after school programs. With this addition, the Planning Commission requested confirmation that the traffic and parking will not be an issue. The staff stated that their judgment there will be some affect on the traffic and parking, however given the relatively small number of students associated with the proposed use that impact should be minimal. Also, the use will require eight parking spaces regardless of the hours of operations. The staff noted that by comparison, an office use occupying the same square footage space would require five parking spaces. In clarifying the after school programs, the applicant stated that a shuttle service consisting of two vans will bring the students from the other schools to the Herndon location. Once the students are dropped off, the two vans will go back to their Ashburn location where they will be parked. The parents will come to the proposed location and pick their children between 5:00 and 6:30 p.m. Alternatives: 1. Approval of the Special Exception based upon the determination by the Town Council that the proposed use meets the following standards as found in Section 78-202.3(e)(1). 2. Approval of the Special Exception with conditions and modifications as recommended by the Planning Commission and staff based upon the above determinations. 3. Denial of the Special Exception if the Town Council determines that this special exception does not meet all of the requirements of Section 78-202.3(e)(1).
December 1, 2015, Page 5 Recommendation: The staff recommends approval in accordance with Alternative #2. Staff Comments: The applicant is requesting a special exception to permit a school of special instruction use providing math and English educational services in preparation for the Thomas Jefferson High School of Science & Technology (TJ), Academy of Science (AOS) and Scholastic Aptitude Test (SAT) exams, as well as an after school program. The use, identified as Academy 4 Enrichment, will occupy Suite 550 in the Herndon Corporate Center located at 1175 Herndon Parkway. As originally proposed, the use will offer educational services to a relatively small number of students and for a limited time during the week. The use will consist of two class rooms, each with a maximum of eight students. The educational level of the students will range from grades 1 st through 12 th. Each session will have a duration of two and one half hours and will be offered three times a day on Saturdays and Sundays only. The proposed hours of operation will be 9:30 a.m. to 5:30 p.m. The use will employ two instructors. The use will also offer weekly after school programs Monday through Friday to assist with school homework and provide instruction for math and English enrichment classes. There will be two classes with no more than eight students in each. Each class will also have two teachers. Students will arrive at the school between 4:00 p.m. and 4:30 p.m. and will be picked up between 5:00 p.m. and 6:30 p.m. Since the Planning Commission public hearing the applicant has addressed several discrepancies that were identified by the staff. In their clarification the applicant states that they advertise the proposed class size for eight to ten students, but each class can accommodate up to 14 students. The weekend hours will be from 9:30 a.m., as originally proposed, but will now close at 6:30 p.m. The weekday hours for the proposed after school programs will be from 4:00 p.m. until the revised time of 6:30 p.m. These after school programs will be offered from September to June of each academic year. Two classes will still be offered, however each class size will range from eight to ten students. The applicant also states that occasionally parent-teacher conferences will occur during the week or weekend. Lastly, the applicant would like to offer summer camps during the months of June, July and August. These camps would be Monday through Friday between 8:30 a.m. to 5:30 p.m. As originally proposed use will occupy a space of 1,241 square feet within the multitenant building located adjacent to Herndon Parkway. No exterior modifications
December 1, 2015, Page 6 are being proposed. The tenant space will require little modification and will feature a reception area, two class rooms, a server room, and a small kitchen. The site plan, TP #85-76, entitled Herndon Corporate Center South Site, was approved for the construction of four multi-tenant single-story office buildings. According to the approved plan the development provides a total of 438 parking spaces with 392 of those spaces being required. The parking is calculated based upon 117,504 square feet of floor area at a ratio of one space for every 300 square feet of office use. This ratio is consistent with the current parking standard. As an office use, the subject tenant space would require a minimum of five parking spaces. In accordance with the requirements of the zoning ordinance a minimum of one parking space is required for every two students at peak hour capacity. Based on the originally stated now-minimum number of on-site students at 16, the zoning ordinance requires a minimum of eight parking spaces for the proposed use. Based on the revised maximum number of on-site students at 28, the zoning ordinance requires a minimum of 14 parking spaces for the proposed use. Given that the Herndon Corporate Center operates with a surplus of 46 parking spaces and the maximum requirement the proposed use would be 14 spaces the need for additional parking does not appear to be an issue. Additionally, the Town s Transportation Program Manager, Mr. Mark Duceman, conducted two site visits and provided his assessment of the proposed use from a traffic and parking perspective. In his opinion, the current parking configuration can accommodate the proposed use and its parking needs. As he noted there are over 150 parking spaces located adjacent to the subject building, many of which were vacant. He also stated that the proposed use should not result in having inadequate parking issues or significant traffic impact to and from the nearby arterial roadways of Herndon Parkway and Elden Street. Accordingly, a traffic impact study for the proposed use at 15 to 20 students is not necessary at this time. However, should the number of students increase or the floor area of the use exceed 10,000 square feet, a traffic impact study may be necessary. Given the relatively small size, frequency and time of the class sessions and after school programs and the amount of on-site parking the staff has no concerns about the parking demand for the proposed use. Traffic generation also appears to be of minimal concern based on the low impact of the proposed use. The zoning ordinance states that special exceptions may be approved provided they comply with the following standards as found in Section 78-202.3(e)(1): a. Is consistent with the comprehensive plan. b. Is free of conflict with any provision of this chapter and related town regulations or any other applicable local, state, or federal laws and regulations.
December 1, 2015, Page 7 c. Does not affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use. d. Consistent with the purpose and intent of the zoning district in which it is located, or will improve compatibility among uses and will ensure efficient development within the Town. e. Minimizes adverse visual impact of the proposed use on adjacent lands. f. Contributes to a logical and orderly development pattern consistent with accepted or emerging planning practices. g. Minimizes adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and should not create a nuisance. h. Avoids significant adverse impacts on the property values of surrounding lands or substantially and permanently injure the use of neighboring property for those uses that are rarely permitted in the zoning district. i. Does not significantly and adversely impact the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. j. Results in development that is adequately served by transportation facilities, including whether or not a substantial deterioration of the level of service on the town s transportation network would occur and whether or not the proposed use is designated to ensure safe ingress and egress onto site and safe road conditions on and around the site. k. Results in development that is adequately served by public facilities (roads, potable water, and sewage, schools, parks, police and fire and emergency medical facilities. l. If considered infill and redevelopment, is consistent with the Redevelopment and Infill Guidelines, Chapter 2, Land Use Plan, of the town s comprehensive plan. m. If located in the flood plain overlay district, meets floodplain overlay standards. With compliance to the standards and requirements of the Zoning Ordinance, and Comprehensive Plan, the staff supports the proposed school of special instruction use. The proposed use is permitted within the C-O zoning district and the Herndon Corporate Center development with the approval of a special exception. It appears to be the only such school of special instruction use currently located within this development. As previously stated, the proposed use also appears to be of minimal concern based on its low impact on traffic generation and parking demand. Staff is recommending approval with the proposed conditions as recommended by the Planning Commission and as further revised by staff.
December 1, 2015, Page 8 Attachments: 1. Draft Resolution 2. Location Map 3. Statement of Justification, Received May 12, 2015 4. Special Exception Floor Plan, Received May 12, 2015 Staff: Mark R. Holland, Zoning Administrator Elizabeth M. Gilleran, Director of Community Development