ARLINGTON COUNTY, VIRGINIA
County Board Agenda Item
Meeting of September 18, 2004
DATE: August 23, 2004
SUBJECT: U-2697-91-1 USE PERMIT REVIEW (CARRY-OVER) for daycare; premises
known as 1701 North Bryan Street. (Embassy School) (RPC #15-027-003)
Applicant:
The Embassy School, Inc.
By:
Denise Cobham, Director
1701 North Bryan Street
Arlington, Virginia 22201
C.M. RECOMMENDATION:
Renew, subject to all previous conditions, with a one (1) year administrative review
(September 2005) and with a five (5) year review by the County Board (September 2009).
ISSUE: Inappropriate parking by a few parents and school staff on neighborhood streets, and
the relocation of its existing playground by the Community United Methodist Church.
SUMMARY: This is a review of the Embassy School day care program located in the
Community United Methodist Church. Embassy School has been in operation at this location
since 1991. At its April 2004 meeting, the County Board deferred this use permit review to its
June 26, 2004 meeting. The use permit was again deferred to the September 18, 2004 County
Board meeting because the Neighborhood Advisory Group had not met. An advisory group
meeting was held on July 13, 2004. At that meeting, the focus was on compliance with each of
the conditions of use permit approval as well as issues such as inappropriate parking by some of
the parents and school staff and the church’s relocation of its existing playground. While minor
concerns persist regarding parking, the appropriate mechanism to discuss and resolve these and
other concerns continues to be through the efforts of the Neighborhood Advisory Group.
Therefore, it is recommended that the use permit be renewed subject to all previous conditions,
with an administrative review in one (1) year (September 2005) and a review by the County
Board in five (5) years (September 2009).
BACKGROUND: This day care program for 50 children has operated at its current location
under use permit approval since 1991. The use permit was approved subject to conditions
including a Condition #7 that required the applicant to facilitate the establishment of a
County Manager: _____________
Staff: Marcia A. Smith, DCPHD, Planning Division
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Neighborhood Advisory Committee. The use was reviewed and continued annually from 1992
through 1996. In 1996, it was continued with a three (3) year review in 1999. During the 1999
review, the use permit was continued with a five (5) year review in April 2004.
DISCUSSION: During the review period the program generally operated in compliance with
the conditions of use permit approval. The program has a current enrollment of 25 children
which the applicant states has begun to rise with the upcoming fall enrollment. During the
review period, a neighbor expressed concern regarding inappropriate parking (parking in the
wrong direction on the street) by some of the parents dropping off and picking up their children.
The applicant held individual conversations with the offending parents and gave letters regarding
parking to all parents in the program (Condition #6) to ensure that all were informed of the
concern and of the potential dangers associated with inappropriate parking. In addition, staff met
with the parents and school representatives to explain the conditions of use permit approval for
the Embassy School. A representative of the Police Department spoke with the parents about the
dangers of parking incorrectly on public streets and the potential consequences if the behavior
continues.
Concern was also expressed regarding the Community United Methodist Church’s plan to
relocate its existing playground on its property. It appears that two (2) neighbors prefer that the
playground remain in its previous location. The church hosted a meeting that included
neighborhood representatives, Embassy School staff, church members and County staff to
inform everyone of its need to relocate its playground on its property. The minister stated that
the church considered the previous location of the playground, at its main entrance along North
Bryan Street, a danger for all children using the playground, including the congregation’s
children and the children of its tenants, which includes Embassy School and a Seventh Day
Adventist congregation that meets in the church on Saturdays. In addition, the church considered
the location of the playground a danger to its elderly patrons who were often forced to walk
through the area while the children were at play. A concrete sidewalk and stairs, airconditioning vents, and low window panes were incorporated in the play space area. In addition,
the area contained no grass so during rainy days the space would become extremely muddy with
puddles of water, which made the playground unusable for days at a time and added to the
playground’s unsightly appearance that further detracted from the church property.
During the 1991 approval of the day care center, the County Board requested that a small
playground be developed on site to accommodate the younger children in the Embassy School
program. However, there is no use permit condition requiring the playground to be located in a
specific area on the site. The church has constructed a new playground along its northeast
property line for all of its users, one of which is the Embassy School. To date, the church has
complied with all County regulations and has been granted the necessary permits and
permissions to construct its playground.
Staff suggests that the Neighborhood Advisory Group return to meeting more routinely to
identify problems associated with the Embassy School’s use permit and develop solutions in a
timely manner. In an effort to keep the parents of the Embassy School informed of the
conditions of use permit approval, Embassy School will be expected to distribute the conditions
to all parents and to continue to inform parents periodically of the conditions. Staff has agreed to
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attend the upcoming back to school night and other informal gatherings with the school staff to
explain the use permit conditions. Staff is recommending an administrative review period of one
(1) year (September 2005) during which staff will continue to work with all parties to resolve
issues associated with this use permit and a five (5) year review by the County Board (September
2009).
Since the Last Review (April 10, 1999): The use has generally operated in compliance with the
conditions of the use permit; however, during the review period concern has been expressed
regarding in correct parking by some of the parents during drop-off and pick-up of the children
and parking on neighborhood streets by a teacher. Concern was also expressed about the
church’s plan to relocate its existing playground elsewhere on its property.
Use Permit Conditions: The use is generally in compliance with the conditions of use permit
approval.
Community Code Enforcement: Staff report that there are no violations regarding this use
permit.
Fire Marshal’s Office: Staff have not reported issues with this use permit. Planning staff
noted on the site visit that the applicant has a current assembly permit displayed which
denotes that the use is in compliance with the fire codes.
Civic Associations: The Lyon Village Citizens Association representatives attended two (2)
scheduled meetings regarding the Embassy School use permit review.
CONCLUSION: This use permit has generally operated in compliance with the conditions of
use permit approval. Though approved for 50 children, during the review period the enrollment
has remained at 25 children. Since deferral of the Embassy School’s use permit review in April
2004, two meetings have been held with neighborhood participation. The Community United
Methodist Church held a meeting to explain its rationale for relocating its playground elsewhere
on its property. A Neighborhood Advisory Group meeting was held to discuss the conditions of
use permit approval. Neighbors continued to express concern about the relocation of the
playground on the church’s property. The Church has secured the appropriate permits to relocate
the playground.
In addition, the applicant has taken measures to address the concern of the nearby neighbor to
ensure that parents dropping off and picking up children adhere to traffic safety laws when
parking in the area. The program is operating in compliance with the State and local codes.
During the administrative review period, staff will continue to work with the applicant to address
parking concerns involving the parents and teachers associated with the Embassy School
program and any other issues identified with the Embassy School use permit. Therefore, it is
recommended that this use permit be renewed with an administrative review in one (1) year
(September 2005) and with a five (5) year review by the County Board (September 2009).
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PREVIOUS COUNTY BOARD ACTIONS:
April 6, 1991
Authorized a Request to Advertise "On the County
Board's Own Motion" a use permit to operate a day
care center for 60 children.
May 11, 1991
Deferred use permit request (U-2697-91-1) for a
day care center for 50 children to the May 14, 1991
recessed County Board meeting.
May 14, 1991
Approved use permit request (U-2697-91-1) for a
day care center for 50 children subject to seven (7)
conditions and with a review in six (6) months
following issuance of a Certificate of Occupancy.
December 7, 1991
Continued use permit (U-2697-91-1) for a day care
center for 50 children subject amended condition
#3, all previous conditions and with a review in six
(6) months.
May 16, 1992
Continued use permit (U-2697-91-1) for a day care
center for 50 children with a review in nine (9)
months.
March 10, 1993
Continued use permit (U-2697-91-1) for a day care
center for 50 children subject with a review in one
(1) year.
March 12, 1994
Continued use permit (U-2697-91-1) for a day care
center for 50 children subject with a review in one
(1) year.
March 4, 1995
Continued use permit (U-2697-91-1) for a day care
center for 50 children with a review in one (1) year
and authorized advertisement of a use permit
amendment to change the age groups of children in
care from, 2 1/2 to 8 years of age to 2 to 8 years of
age to be heard at the April 29, 1995 County Board
meeting.
April 29, 1995
Approved use permit amendment (U-2697-91-1) to
modify the ages of the children from ages 2 1/2 to 8
years to ages 2 years to 8 years with a review in one
(1) year.
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May 1, 1996
Continued use permit (U-2697-91-1) for a day care
center for 50 children with a review in three (3)
years (April 1999).
April 10, 1999
Continued use permit (U-2697-91-1) for a day care
center for 50 children subject with a review in five
(5) years (April 2004).
April 24, 2004
Deferred review of use permit (U-2697-91-1) for a
day care center for 50 children subject to its June
26, 2004 meeting.
June 26, 2004
Deferred review of use permit (U-2697-91-1) for a
day care center for 50 children subject to its
September 18, 2004 meeting.
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