Title:
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Rock Church Special Exception - Consider a Special Exception to allow the use of a Church and Daycare in the A-1 (Agriculture) zoning district on approximately 10.62 acres, located on the south side of W SR 46, west of Orange Blvd; (BS2025-14); (Maverick VonHerbulis, McKee Construction, Applicant); District 5 - Herr; (Kaitlyn Apgar, Senior Planner).
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Mike Rhodes, Interim Development Services Director
Contact/Phone Number:
Kaitlyn Apgar/ 407-665-7377
Background:
The subject property is located at 6641 W SR 46, Sanford, FL. The property has a Future Land Use of Suburban Estates and a zoning designation of A-1 (Agriculture). The property is located within the Wekiva River Protection Area, the East Lake Sylvan Transitional Area, the West SR 46 Scenic Corridor Overlay District, and the Aquifer Recharge Overlay. The site has operated as a house of worship (church) since 2007 with a school component that was granted via a Special Exception in 2016, with a condition of approval that the private school, kindergarten through twelfth grade, should not exceed 150 students.
The current request proposes the construction of a new assembly building, addition of classrooms, and the addition of a daycare component to the existing private school. The proposed daycare use requires approval of a Special Exception in the A-1 zoning district. Per the Land Development Code (LDC) update of 2024, community civic assembly uses now require a Special Exception approval pursuant to the Permitted Use table in LDC Sec. 30.50.2. For these reasons, the addition of the daycare and the expansion of assembly space require approval of a new Special Exception. The proposed new 14,519 sq. ft. assembly building will have a seating capacity of 330 chairs and office rooms. The project also includes renovation of the existing 11,670 sq. ft. building to accommodate the additional classroom/daycare and office spaces.
The existing 2016 Special Exception for the kindergarten through twelfth grade private school will remain in place and the County is prohibited from requiring a special exception or modification of the existing special exception due to the recent passage of HB 1285, effective July 1, 2024. This bill amended Section 1002.42, F.S. to allow private schools to be located in an existing church facility under the facility’s existing zoning and land use designation without obtaining a rezoning, special exception or land use change. Thus, the private school currently operating in the church facility can essentially exist by right if certain statutory conditions are met. Those conditions are met in this case. Additionally, elementary schools are permitted by right in the A-1 zoning district.
STAFF FINDINGS
In reviewing Special Exception requests, Section 30.3.1.5(a) of the SCLDC requires that the Planning and Zoning Commission hold a public hearing to consider the proposed Special Exception and submit written recommendations to approve with conditions or deny the request to the Board of County Commissioners for official action. After review of the Special Exception request and a public hearing, the Board of County Commissioner may approve the request if it is determined that the use requested:
(1) Is not detrimental to the character of the area or neighborhood or inconsistent with trends of development in the area:
The Rock Church property has an area of approximately 10.6 acres that supports an existing church with an average attendance of an estimated 300 attendees that operates on Saturdays and Sundays. The requested Special Exception would include the addition of a daycare use with a proposed enrollment of approximately 100 children up to four (4) years old. The previously approved Special Exception allowed a private school serving kindergarten through twelfth grade, with a maximum of 150 students. The Applicant is proposing to add students to the existing private school to include approximately ninety (90) students for kindergarten through fifth grade and the middle through high school levels are proposed to have eighty (80) students combined. This increase is not subject to this special exception request, but it is evaluated for local health, safety and welfare laws, codes and rules including fire safety and building safety, in accordance with Florida Statute 1002.42. The private school and daycare operate Monday through Friday. The church is utilizing the Shared Parking in accordance with LDC Sec. 30.11.4.3, Table 11-4A. The required parking for the assembly use at full capacity requires eight-three (83) parking spaces, while the total parking requirement for the school is thirty-nine (39) spaces. Because these uses do not operate at the same time the Shared Parking analysis identifies a maximum demand of eight-three (83) parking spaces maximum at any given time. The site is providing ninety-two (92) spaces, which meets the required parking under the Shared Parking provision of the LDC.
The subject property abuts a single-family residential subdivision zoned PD (Planned Development) (Sylvan Lake PD) to the south. The surrounding development pattern is characterized by Suburban Estates, single-family residential, and requires one (1) net buildable acre per dwelling unit. The residential neighborhood to the south has an overall density of 1.6 dwelling units per net buildable acre, as allowable by provisions within the East Lake Sylvan overlay. Lots adjacent to the south range in size from approximately 15,700 sq. ft. to 21,780 acres. The proposed addition of daycare and assembly space is intended to serve the greater residential population. The existing church also functions as a transitional buffer between major arterial roads SR 46/SR 429 and the residential neighborhood.
The subject property is adhering to the buffer requirements by providing plantings to the south adjacent to the residential neighborhood. The buffer width will be fifteen (15) feet with the plant unit group to be determined at Site Plan. The nearest parking structure is twenty-five (25) feet from the property line. The required building setback requirement is thirty (30) feet; however, the proposed additional building will be located approximately seventy-seven (77) feet from the rear property line. The applicant has demonstrated adequate buffering and increased separation distance in order meet compatibility with the surrounding area.
(2) Does not have an unduly adverse effect on existing traffic patterns, movements and volumes:
The site is currently developed as a church. The parking provided is compliant with the code and provides a loop to prevent queuing out into SR 46. The existing trip generation with the church and private school is 32 trips during the PM peak hour. The proposed daycare use will be expected to significantly increase trips according to the ITE Trip Generation Manual, 11th edition. This increase in trips requires further examination by Traffic Engineering, thus a Traffic Impact Study will be required during the Site Plan review. In order to mitigate the additional trips, a condition is proposed in the Development Order to restrict the daycare enrollment to 100 children maximum.
(3) Is consistent with the County’s Comprehensive Plan:
The subject property has a Future Land Use designation of Suburban Estates (SE). Pursuant to the Seminole County Comprehensive Plan, the purpose and intent of this land use designation is to allow the development of large lot single family estates as a desired final land use; to act as a stepped down land use serving as a buffer between urban development and the Rural Area; and to allow existing agricultural operations to continue until developed for other uses. Permitted uses include single family residences on a minimum of one (1) acre; general rural uses; houses of worship, country clubs (over ten acres in size); home occupations; public elementary schools, public middle schools and public high schools.
• The church is also located within the Wekiva River Protection Area and has submitted the Application for Consistency Review. Staff has found the proposal to be consistent with the Wekiva River Protection Area.
• The proposed development has a Floor Area Ratio of 0.09. The development would have an equivalent intensity to that of a two (2) story home of 4,000 sq. ft. on one (1) acre of land, which is compatible with requirements per Policy FLU 2.3.8 (4) that states the development is limited to a maximum density of one (1) dwelling unit per net buildable acre.
• The development complies with the maximum impervious surface area of sixty-five (65) percent permitted within the Aquifer Recharge Overlay. The total impervious surface area, including proposed improvements, is approximately 18.8% of the site. The property contains approximately 3.3 acres of conservation to remain preserved, and approximately 5.3 acres of pervious area will remain.
• As property is also located in the West SR 46 Scenic Corridor Overlay District, specific enhanced buffering and design criteria will be required during the site plan stage. The applicants are aware of these requirements.
(4) Will not adversely affect the public interest:
Within the A-1 (Agriculture) district, a private school and daycare may function as accessory uses to a church, therefore, the request is consistent with the character with the surrounding area. The subject consists of 10.6 acres and anticipates church attendance of approximately 330 people. The school and day care operate during weekday hours that do not overlap with the church, thereby reducing potential operational conflicts. The applicant also proposes additional buffer plantings adjacent to the residential subdivision and will continue to preserve existing conservation areas onsite. Therefore, the granting of the proposed Special Exception is not expected to adversely affect the public interest.
(5) Meets any special exception criteria described in Additional Use Standards; and
There are no additional standards for this use in the Additional Use Standards section of the LDC.
(6) Meets the following additional requirements if located in the applicable zone:
a. If located in A-10, A-5, A-3, or A-1:
(i) Is consistent with the general zoning category of the rural zoning classifications; and
• The proposed expansion of the existing church and addition of the daycare is consistent with the already established use and character of the area. The site maintains a substantial area of conservation and pervious surface, thus upholding and preserving “rural” character and adhering to the applicable Wekiva River policies as previously discussed.
(ii) Is not highly intensive in nature; and
• The proposed expansion and addition of the daycare use are not anticipated to result in a highly intensive development pattern. The project’s FAR is approximately 0.09, which is significantly lower than the typical commercial max FAR of 0.35. As such, the scale and intensity of the development remain consistent with the surrounding rural and residential character.
(iii) Is compatible with the concept of low-density rural land use; and
• The proposed project meets the intent of the Suburban Estates Future Land Use and WRPA, which meets the intent of low-density land uses.
(iv) Has access to an adequate level of public services such as sewer, water, police, fire, schools and related services.
• The development is currently connected to utility services and has access to public services. It is anticipated that the proposed addition and uses will maintain adequate level of service.
Community Meeting
In compliance with Seminole County Land Development Code Sec. 30.3.5 - Community meeting procedures, the Applicant conducted a community meeting on December 29th, 2025. Details of the community meeting have been provided in the agenda package.
Requested Action:
Staff requests, the Planning and Zoning Commission, recommend the Board of County Commissioners approve the Special Exception and the associated Development Order as per the following motion:
Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Board finds the request meets the identified portions of the Seminole County Land Development Code and moves to approve the Special Exception to allow, with the conditions stated in the Development Order, the use of a Church and Daycare in the A-1 (Agriculture) zoning district on approximately 10.62 acres, located on the south side of W. SR 46, west of Orange Blvd.