Orange County — Board of Zoning Adjustment

SE-04-05-124 — ANTOUN RAHBANY/continued to 8/5/04

Request: Special Exception in R-1A (single family-7,500 sq. ft. lots) zone to operate a daycare center for up to 250 children. (NOTE: Proposed hours of operation are 24 hours a day 7 days a week).

Decision: Approved

Hearing: The Staff Report and Recommendation is located on Pages____ The applicant is proposing a 24-hour a day/ 7 days a week daycare facility for up to 250 children between the ages of 6 weeks to 12 years old. This case was continued by the BZA on 5/6/04, to give the applicant an opportunity to meet with the Public Works Department to resolve traffic concerns that were brought up by the residents in the adjacent subdivision. In addition, the BZA directed the applicant to conduct another community meeting to present the changes recommended by Public Works to the residents. The applicant and Zoning staff met with Public Works, noted the changes, and conducted the second community meeting. There was discussion among staff and the BZA with respect to compatibility and the concern that the proposed operation was too intense adjacent to a residential neighborhood. The applicant disagreed with staff's recommendations and conditions stating that the restrictions were not be financially feasible and that the project would not be profitable. One neighboring resident was present and was not satisfied with the changes proposed by Public Works stating they did not resolve roadway improvement issues and traffic problems. The BZA, in addition to imposing the recommendations of the Public Works Department, approved the request, but imposed conditions that reduced the number of children, allowed only a standard day time operation, and required adequate buffering.