ARLINGTON COUNTY, VIRGINIA

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ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 24, 2004 DATE: April 22, 2004 SUBJECT: SP #296 SITE PLAN AMENDMENT (CARRY-OVER) for an after school supplemental tutoring; 4820 31st Street South. (RPC #29-015-017) Applicant: Brier, Inc. Huntington Learning Center By: Todd Sain, President 4820 31 st Street South Arlington, Virginia 22206 C.M. RECOMMENDATION: Approve, subject to all previous conditions and nine (9) new conditions that apply solely to the after school and supplemental tutoring use with an administrative review in September 2005 and a review by the County Board in September 2006. ISSUES: None. SUMMARY: At its March 13, 2004 meeting the County Board deferred this request for one (1) month and directed the applicant, the Huntington Learning Center, to meet with the neighborhood civic organizations to address hours and days of operation of this use and other potential impacts that may be associated with the use. The applicant recently met with the neighborhood and has agreed to a number of conditions including the days and hours of operation. Staff has attached the neighborhood's letter and included the agreed upon conditions in the staff report. Therefore, it is recommended that the site plan amendment request be approved, subject to all previous conditions and the nine (9) new conditions, which apply solely to this use. BACKGROUND: In 1992, this site plan was approved for two office buildings with a reduction of 37 required parking spaces. The additional parking was required to support occupancy by medical offices, however, the County Board modified the parking requirement. At the time of site plan approval, 83 percent of the office space was occupied, half by medical service providers and half by general office users. The required 37 parking spaces could have been built "by-right" on this site and a contiguous site (owned by the applicant.) The County Board waived the requirement to provide the additional parking to preserve a scenic easement County Manager: Staff: Marcia A. Smith, DCPHD, Planning Division

and landscaping and it was anticipated that the space would continue to be leased to medical service providers that would not need the additional parking. The Fairlington Unit Owners Association, beneficiaries of the scenic easement, and the Fairlington Citizens Association supported the approved site plan. Site: The site is located at 4820-31 st Street South in the Fairlington Office Park. Zoning: The site is zoned "C-O-1.0" Commercial Office Building, Hotel and Apartment District. Land Use: The site is designated on the General Land Use Plan as "Service Commercial" (Personal and business services. Generally one to four stories. Maximum 1.5 F.A.R.). Neighborhood: Fairlington Citizens Association. Also notified were the Fairlington Commons Council of Co-Owners, the Fairlington Glen Council of Co-Owners, the Fairlington Green Condominium Association, the Fairlington Mews Council of Co-Owners and the Fairlington Villages Unit Owners. is one of the oldest tutorial programs in the nation. The Center provides individualized testing and tutoring in reading, writing, math, spelling, phonics, study skills and test taking skills for school age children from kindergarten through high school. Adults occasionally enroll as well. Students typically come to the center two to three times a week after school and student session generally lasts between one and a half to two hours. The applicant states that currently there are 50 students enrolled in the program. The current program consists of two (2) full time and 15 part-time staff persons. Based on the current enrollment the applicant estimates that there is a maximum of eight (8) staff persons on the site at any given time. The program space, located on the second floor of the office building, contains a main floor tutoring area, a math room, a testing room, an SAT instruction and homework room, a one to one room, two conference rooms a computer room, an administrative office, restrooms and a storage area. DISCUSSION: has operated in this location since 1997 offering classes to children 17 years of age and under. The use occupies space once earmarked for medical service providers. Staff views the program as secondary retail use serving as a destination use that appeals to specific public users. In this respect the use is similar to a medical office/general office use with similar impacts. However, the proposed supplemental tutoring program differs somewhat from a medical service provider in that its hours of operation are somewhat different, there is less customer turnover throughout the day and the impact of this use on parking in the area seems less intense. The applicant has agreed to work with the County's Child Care Office to ensure the health and safety of the children in care. In addition, the applicant would be required to secure and/or to amend the required Certificate of Occupancy upon County Board approval of the subject site plan amendment request. SP #296-A Site Plan Amendment Request - 2 -

At its March 2004 meeting the County Board deferred the applicant's site plan amendment request and directed the applicant to meet with the neighborhood to address concerns regarding the use. During the deferral period the neighborhood held an open meeting and two (2) additional meetings regarding this use. During the meetings the Huntington Learning Center agreed to withdraw its request for Sunday tutoring hours and the associated enrollment and agreed to a number of conditions for this operation. The neighborhood supports the Huntington Learning Center's hours and days of operation (see the attached neighborhood statement). The applicant and the neighborhood have agreed to other conditions, which have been included in the staff report. The County Board along with this use will be considering a separate agenda item for a similar operation at the same location, the Casablanca Career and Modeling Center. There is some overlap of the hours of operation. The parking associated with the office building should adequately support the two uses. Much of the hours of operation of both users occur generally when office uses are minimal or closed. CONCLUSION: The use is not in conflict with the County's General Land Use Plan or other plans in the area. The subject site plan amendment request would bring this use into compliance with the County's Zoning Ordinance requirements. Staff supports the subject request. The use has operated for the past seven (7) years with minimal impact on the area and without complaints to County agencies. In addition, the applicant has agreed to nine (9) new conditions, which apply solely to this use. The conditions are aimed at mitigating impacts in the area and protecting the health and safety of the children in care and are supported by the neighborhood. Therefore, it is recommended that the site plan amendment request be approved subject to all previous conditions and the nine (9) new conditions, which apply solely to this use with an administrative review in September 2005 and a review by the County Board in September 2006. 1. The applicant agrees to comply with the requirements of the Child Care Office, the Code Enforcement Office, the Environmental Health Bureau, and the Fire Marshal's Office prior to the issuance of a Certificate of Occupancy. 2. The applicant agrees to require that all parents escort their younger children (through age 8) into and out of the building at all times. 3. The applicant agrees to secure the appropriate Certificate of Occupancy within one (1) month (May 31, 2004) of County Board approval. In the event no certificate of occupancy has been obtained by June 1, 2004, the applicant agrees that the career and modeling center will immediately cease operations. 4. The applicant agrees that the Huntington Learning Center enrollment shall be limited to a maximum of 65 students/staff on site at any given time on Monday through Saturday. SP #296-A Site Plan Amendment Request - 3 -

5. The property owner agrees to notify the Fairlington Villages Unit Owners and the Fairlington Citizens Association if the subject space is not used by the Huntington Learning Center. 6. The applicant agrees that the tutoring hours of operation for the Huntington Learning Center shall be limited to 3:00 p.m. to 8:00 p.m. Monday through Friday from September 1st through June 15 th; 9:30 a.m. to 8:00 p.m. Monday through Friday from June 16th through August 31 st and 9:00 a.m. to 2:00 p.m. on Saturdays. There shall be no tutoring on Sundays. 7. The applicant agrees that the enrollment and hours of operation for the Huntington Learning Center shall remain in effect until the expiration of its current lease (September 30, 2006). One (1) year prior to the expiration of its current lease, the use shall be reviewed administratively (September 2005) and immediately scheduled for review by the County Board should any issues requiring revision to the conditions be identified. In the event the County Board approves the use to continue, new conditions will be effective as of October 1, 2006, thereby allowing the applicant and property owner sufficient time to determine whether to renew the lease for the Huntington Learning Center, subject to the new conditions or to let the lease expire. 8. The applicant agrees to include information in its enrollment package that is provided to all students enrolling in classes to remind the parents to obey the speed limit, to park on site and not on the streets and to obey traffic signs in the Fairlington neighborhood. 9. The property owner agrees to install two (2) trash receptacles along the property s 31 st Street South frontage consistent with the style of trash receptacles installed throughout North Fairlington. SP #296-A Site Plan Amendment Request - 4 -

PREVIOUS COUNTY BOARD ACTIONS: August 15, 1987 February 6, 1988 March 5, 1988 June 11, 1988 August 13, 1988 April 4, 1992 Deferred action on the proposed rezoning until February 6, 1988. Deferred action on the proposed rezoning until March 5, 1988. Deferred action on the proposed rezoning until June 11, 1988. Deferred action and advertised a public hearing for consideration of rezoning from "C-1" to "RA14-26" and "C-1-O"on August 13, 1988. Approved rezoning northeastern corner, lot 2b on subdivision plat to "RA14-26". Took no action on the remainder of the area. Approved the following: (A) (B) (C) General Land Use Plan Amendment for the western one-third of the subject property from "Low Medium" Residential (16-36 units per acre), to "Service Commercial" (Personal and business services. Generally one to four stories. Maximum 1.5 F.A.R.), and took no action on the remaining portion of the subject site designated "Low- Medium" Residential (16-36 units per acre). Rezoning from "C-1" Local Commercial District to "C-O-1.0" Commercial Office Building, Hotel and Apartment District. Site Plan for two existing office buildings to eliminate the requirement for additional parking that would be required to permit future occupancy by medical offices subject to conditions. February 7, 2004 Deferred site plan amendment request (SP #296) for the John Casablanca Modeling and Career Center to the March 13, 2004 County Board meeting. SP #296-A Site Plan Amendment Request - 5 -

March 13, 2004 Deferred site plan amendment requests (SP #296) for the John Casablanca Modeling and Career Center and the Huntington Learning Center to the April 24, 2004 County Board meeting. SP #296-A Site Plan Amendment Request - 6 -