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); District5 - Herr (Kaitlyn Apgar, Senior Planner)
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Department/Division:
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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 (with a maximum of 141 children) to the existing private school. The proposed daycare use requires approval of a Special Exception in the A-1 zoning district. Per the Seminole County Land Development Code (SCLDC) update of 2024, community civic assembly uses now require a Special Exception approval pursuant to the Permitted Use table in SCLDC 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 pre-kindergarten through twelfth grade private school will remain in place. The County is precluded from requiring a special exception or modification of the existing special exception due to the recent passage of HB 1285, effective July 1, 2024. The bill amended Section 1002.42, F.S. to allow private schools in 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 which operates on Saturdays and Sundays with an Average attendance is estimated at 300 attendees. The requested Special Exception would include the addition of a daycare use with a proposed enrollment of 141 children up to four (4) years old. The previously approved Special Exception allowed a private school from 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 option in accordance with SCLDC 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 provides ninety-two (92) spaces, meeting the requirements of the SCLDC Shared Parking provisions.
The subject property abuts the Sylvan Lake PD single-family residential subdivision 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 review. 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 code requirements and includes a loop system designed to prevent queuing out into SR 46. The applicant has submitted a vehicle stacking plan demonstrating adequate on-site queuing capacity. 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.
(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 located within the Wekiva River Protection Area and has submitted the Application for Consistency Review. Staff have 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 property 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 public interest.
(5) Meets any special exception criteria described in Additional Use Standards; and
(1) Protects Residential Neighborhoods. Outdoor use areas, including vehicular use areas, must be located and designed to minimize potential negative impacts on residential zoning districts and residential uses in approved PDs, including but not limited to mitigation of light spill-over, glare, noise (from mechanical equipment, recreational facilities, outdoor classrooms, etc.), and any other negative impacts associated with the type of civic assembly use proposed. Assembly uses in residential zones may not apply for a permanent license to sell alcoholic beverages for on-premise consumption.
• The proposed civic assembly limits potential negative impacts through adequate setback distance and sufficient buffering, as required per the SCLDC. The vegetative buffer acts to reduce noise and light pollution to adjacent residential lots to the south, and the setback of the nearest structure proposed is seventy-seven (77) feet from the residential lot lines. These factors contribute to the mitigation of potential negative impacts to adjacent neighbors. The request does not include a license to sell alcoholic beverages.
(2) Traffic. Vehicular ingress, egress, and on-site circulation must be designed and constructed to ensure the least possible impact on neighboring properties and residential streets. Primary ingress and egress must be from the highest service level adjacent street, unless otherwise approved by the Planning and Zoning Commission and Board of County Commissioners. For community and regional assembly facilities, vehicular access to the facility must be from a collector of four lanes or more, or an arterial street. Parking areas must be designed and located to minimize conflict with pedestrian and bike pathways.
• The traffic circulation through the site is located nearest to the north right of-way. Queuing of cars for the drop-off of students is configured to reduce potential spillage into the roadway. The nearest parking structure to adjacent residential properties is required to maintain a setback of twenty-five (25) feet. Additionally, the roadways utilized to access the site are State Road 46 and State Road 429, both of which are arterial roads that do not pass through the adjacent neighborhoods.
(3) Noise Abatement. Civic Assembly uses often involve groups of people arriving and departing at one time (as is common with many assembly uses), outdoor gatherings, or sound amplification. Therefore, issues related to noise from gatherings, events, vehicles, and equipment must be addressed through conditions of approval for a special exception permit. Conditions including but not limited to the location of outdoor use areas on the property, limitations on hours or days of operation, and additional noise abatement strategies may be required.
• The subject site will be held to the Code of Ordinance standards regarding noise production. The use or operation of any indoor or outdoor sound amplification device is prohibited, except as may be authorized through approval under the temporary exemption or special event provisions of the SCLDC. Additionally, hours of operation for the school are limited to six (6) a.m. to six (6) p.m., Monday through Friday, as per the previous Development Order.
(4) Lighting. Lighting of outdoor areas must be cut-off or fully shielded to reduce glare and prevent light overspill into adjacent properties. Lighting for sports fields and outdoor recreation areas, where operational characteristics prevent the use of cut-off or fully shielded lights, must be turned off no later than 10:00 p.m. or be located such that the lights are not visible from a residential zoning district or residential uses in an approved PD.
• Fully cut off fixtures are required for all outdoor lighting, per SCLDC Sec. 30.15.1. No ball fields are permitted on the site, per the previously approved Development Order. Additionally, the previously approved Development Order prohibits additional area lighting beyond parking lot and safety lighting on buildings.
(5) One- and Two-Family Residential Zoning Districts. In order to protect the surrounding residential neighborhood from the encroachment or expansion of civic assembly uses, assembly facilities located in one- or two-family residential zoning districts must meet the following additional standards:
a. Desired Development Patterns. Assembly facilities located in residential zoning districts should function as compact, singular sites and all desired activities and required facilities (to include parking facilities, principal use buildings, and accessory use buildings) should be located on one development site consisting entirely of contiguous parcels of land, which may include property located directly across the street.
b. Non-contiguous Parcels. Where a parcel owned or leased by the civic assembly use is not contiguous to the parcel(s) containing the principal assembly building, the use of the non-contiguous parcel(s) is limited to the following uses: occasional overflow parking (maximum two (2) times per week and located within a five-minute walk defined as quarter (¼) mile of continuous sidewalk), passive recreation space, playgrounds, walking trails, outdoor classrooms or seating, or reflection or meditation space.
c. Acquisition of Land. If additional property is acquired for use by the assembly facility, an amendment to the special exception permit shall be required prior to any development on the property.
• The site functions as one contiguous site and does not propose development on other properties.
(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.
The Planning and Zoning Commission met on March 4, 2026, and voted unanimously to recommend the Board of County Commissioners approve the Special Exception, located on the south side of W. SR 46, west of Orange Blvd. The minutes of this meeting are included in the agenda package.
Requested Action:
Staff requests 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 Board of County Commissioners find the request meets the identified portions of the Seminole County Land Development Code and moves to approve the Special Exception and Development Order to allow, with conditions, 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.