Applicant); District5 - Herr (Kaitlyn Apgar, Senior Planner)
Ms. Apgar presented the item as outlined in the agenda memorandum. Deputy County
Attorney Neysa Borkert explained this property has an existing special exception. In
2024, the state legislature passed a law in which private schools can now locate in any
church, theater, cinema, library, those type of buildings that have been in operation for
five years; and the County cannot require a rezoning or special exception to allow them
to locate there. Since this is a new building, that does not apply. However, since the
old building has been in operation for that long, they're not asking for anything as it
pertains to that, so they are leaving the special exception that's in place there and they
are going to continue to operate under that. This is just for the new building.
Ms. Apgar advised the updated development order that was distributed reflects a
change to Condition T. The previously stated Condition T erroneously included indoor
amplification of sound as opposed to the updated language which only restricts outdoor
amplification of sound. Any activity is still subject to the sound provisions of the Code
of Ordinances in addition to the proposed restriction.
Mr. VonHerbulis, McKee Construction, on behalf of the Applicant, addressed the Board
and briefly spoke on the request and expressed his appreciation for staff's work. He
confirmed for the record they will not be affecting the conservation area.
With regard to public participation, the following spoke in support: Kaley Hoffman, Tim
Kearney, Arianna Kramer, Chris Meyers, Shevieve Padgett, Dyami Redcloud, Thomas
Weichart, AJ Phillips III, and Miracle Dorsey.
The following submitted Written Comment Forms in support: Jamie Myers, Denise
Weichart, Mya Mcyears, Joshua Parker, Emma Myers, Katherine Renaud, Peter
Renaud, Laurent Renaud, and Archie Phillips III.
No one else spoke and public input was closed.
Public Comment Forms and Written Comment Forms were received and filed.
Motion by Commissioner Zembower, seconded by Vice Chairman Lockhart, to find
based on Staff’s findings and testimony and evidence received at the hearing, the
request meets the identified portions of the Land Development Code; and approves the
Special Exception and associated Development Order with the update to Condition T 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; associated D.O. #25-32000014; Maverick VonHerbulis, McKee
Construction, Applicant; as described in the proof of publication.
Under discussion, Vice Chairman Lockhart stated she loved hearing all of the positive
impact this church has had on the community. However, not much of the public
comment is relevant to her vote because that is based upon competent, substantial
evidence related to the Land Development Code and as provided by staff.
Commissioner Zembower concurred. Chairman Herr added staff did find this was
permissible under the LDC.