Orange County — Board of Zoning Adjustment

SE-16-07-088 — KENNETH LEEMING

Request: Special Exception in the R-1 zoning district to permit a multi-phased project providing VPK for ages 4 and up for up to 40 students from August 2016 to June 2018, then converting to an adult day care for up to 59 adults from August 2018 to August 2019, then converting to a multigenerational day care with up to 10 school age students and 20 adults from August 2019 thereon.

Decision: Denied

Hearing: Staff noted that a Community Meeting had been held on this application on July 19, 2016. The meeting was well attended, and the applicant was able to explain the proposed transition from a VPK for four year olds to an adult day care. Staff noted that they had intentionally left their recommendation open pending the meeting, as they wished to give the neighbors as much time to comment as possible. To that end, earlier in the week one (1) resident had dropped off eleven (11) correspondence opposing the request, and staff had received three (3) others by fax and e-mail. The main issue is the feeling that this is still a residential area, and the proposed use would be an intrusion. The applicant explained the proposal to the BZA, noting that the noise which some neighbors are concerned about would not take place until 11:00 a.m., and would last about 30 minutes. There would be a total of three (3) 30 minute play periods between the hours of 11:00 a.m. and 1:00 p.m. They were willing to do whatever is needed to fit the project into the neighborhood and satisfy the neighbors' concerns. Three (3) residents spoke in opposition to the request, noting that their neighborhood was still residential, even though Clarcona Ocoee Road carries high volumes of traffic. They questioned how such a use could be made to fit into their neighborhood. There being no one else in the audience to speak for or against the application, the public hearing was closed. The BZA discussed the appropriateness of such use in a residential area. Due to the traffic on Clarcona Ocoee Road, it would ultimately make this area transition away from single family, and that the proposed use would then fit. A motion was made to recommend approval, with several amendments to the conditions provided by staff. However, that motion failed for lack of a 2nd. A subsequent motion to deny the application based on incompatibility and intrusionary impacts was made and 2nd. This motion passed.