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Neighbors File Lawsuit After Board Approves Lee Highway Child Care Center

by Chris Teale October 31, 2017 at 2:30 pm 0

Two neighbors of a planned child care center on Lee Highway filed a lawsuit in Arlington Circuit Court this month to try and stop it opening.

The suit, filed by N. McKinley Street residents Francisca Ferro and Cornelius James Coakley who live right behind the property, is against the proposed Little Ambassadors Academy, which is planning to open at 5801 and 5901 Lee Highway. The Arlington County Board approved the plan at its September meeting.

Little Ambassadors, which already operates two child care centers on Lee Highway, is planning to open another facility that would have space for up to 155 children aged 20 months to 5 years old.

The center would be open from 7 a.m. to 7 p.m. and have its rear parking lot converted into an outdoor playground, while the loading area next to N. McKinley Street would be modified to have 20 parking spaces.

But in a complaint filed on October 18, the pair allege that the child care facility will negatively affect parking, traffic congestion and noise in the neighborhood, especially for local residents.

“The Special Use Permit materially impacts Petitioners in a way that is different from the impact on to the general public, by greatly increasing traffic and safety concerns in the vicinity of their residences as a result of the expanding the number of cars permitted to traverse and park in the area,” the complaint reads.

The complaint against the County Board and Little Ambassadors rests on four claims.

First, they allege that the Board did not give neighbors sufficient notice that a hearing on the planned child care facility would be taking place.

By law, those nearby must be given at least five days’ written notice, but Ferro and Coakley said they only heard about the hearing on September 14, two days before it was scheduled to be heard by the County Board.

Second, the pair argue that the County Board broke the Dillon Rule, which limits the power of local government by leaving it up to the state government to delegate powers to localities.

Third, the complaintants say that in having the county Department of Human Services decide on the maximum number of children that can attend, and by having the county Zoning Administrator approve the center’s parking plan, the County Board did not have the power to delegate those tasks and should have done it themselves.

Fourth, the pair also dinged the Board for an “unreasonable exercise of legislative function” in approving the center, meaning it should not have been approved, and said the center’s parking plan violates the county’s Zoning Ordinance.

Arlington zoning calls for one parking space on site for each staff member at a child care center, with one parking space also provided for every 10 children that attend. The complaint says the 20 on-site spaces and four off-site spaces do not add up to enough parking.

In May, the Board added a staff member to the Dept. of Community, Planning, Housing and Development to suggest changes to Arlington’s zoning ordinance to help child care centers open.

At the time, Board vice chair Katie Cristol told ARLnow that “our biggest obstacles are within the zoning ordinance in terms of the number of parking spaces required by childcare centers or the amount of indoor vs. outdoor space.”

No hearing date has yet been set for the case.

Photos No. 1, No. 2 and No. 3 via Google Maps

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