Orange County — Board of Zoning Adjustment

SE-19-03-198 — Bryan Potts

Request: "2/26/19 Board-Called4/9/19 BCC Outcome: DENIED; A motion was made by Commissioner VanderLey, seconded by Commissioner Bonilla, to overturn the Board of Zoning Adjustment recommendation; and further, deny the Special Exception Request Special Exception in the R-CE zoning district to allow a preschool for up to 200 students.

Decision: Denied

Hearing: "The applicant is proposing to construct a 15,000 sq. ft. preschool with a playground, parking lot, garden area, and pavilion. The applicant is planning to reserve an acre on either side of the proposed preschool for potential future residential lots. Staff presented the case, outlined the area, showed the site plan and site photos, and stated that a community meeting was held for this case. Staff also mentioned there was a special exception approved on this property in 2015. The applicant stated this is a preschool designed to support the community, the architectural style will compliment the area, the project will only impact 3 acres of the 22 acre site, the site with have sufficient space for stacking, and the school was designed with neighbor's in mind. Four (4) people spoke in favor of the application at the public hearing and nine (9) people spoke in opposition of the request. The opponents raised concerns over traffic, vehicle stacking, noise pollution, and stated this is a commercial intrusion into a residential area. The BZA had a discussion regarding the request and stated that a preschool should not have a stacking issue like an elementary school would. The BZA commissioners made comments regarding the request, there were varying opinions on the compatibility of the proposed use in the area. The District 1 Commissioner made a motion to approve the request, and added an additional condition regarding adding a fence and buffer along the east side of the proposed playground. The motion passed with a 6-1 vote.