Use designation. The subject site anticipates church attendance of approximately 330
people. The proposed addition of a daycare and assembly space is intended to serve
the surrounding population. Upon further examination, the trips generated will likely not
exceed the threshold that would require roadway improvements, but it will require
further examination by Traffic Engineering. A Traffic Impact Study will be required
during the Site Plan review. This further examination, plus the provision of the car
stacking plan, warrants the amendment to the originally stated daycare cap of 100
children. The applicant requests a daycare cap of 141, to which staff is able to support
based on the trips generated and plan provided. The Development Order was updated
to reflect this change and provided to the Board prior to the presentation. In compliance
with Seminole County Land Development Code Sec. 30.3.5 - Community meeting
procedures, the Applicant conducted a community meeting on December 29, 2025.
Details of the community meeting have been provided in the agenda package. Staff
finds the request meets the identified portions of Section 30.3.1.5-Special Exceptions
of the Seminole County Land Development Code; therefore, staff requests the
Planning and Zoning Commission recommend the Board of County Commissioners
approve the Special Exception and the associated Development Order with the
updated daycare cap of 141 children, to allow the use of a church and daycare in the
A-1 (Agricultural) zoning district on approximately 10.62 acres, located on the south
side of W SR 46, and west of Orange Blvd.
Maverick Von Herbulis, for the applicant, with McKee Construction in Sanford, Florida,
thanked Staff for help with the process. He further stated that he had a lot of these
types of projects where he has to come before Boards, but our Staff have gone above
and beyond to try and help with the project process. He further stated that the new
building is for the church assembly space and offices. With regards to the private
school and preschool, the renovation taking place in the existing building is for that use,
but the new building that they are expanding is for the church assembly and offices.
Some of the neighbors’ concerns was that the building was being built in a
conservation area, but they are not touching the conservation area. Since the
community citizen’s meeting, there have been some changes to help with some of the
neighbor’s concerns, such as the buffering requirements to address some potential
noise. A lot of the noise concerns were from SR 429, but there is nothing they can do
with that road, however, they can buffer the impact with their construction. The new
plans show more buffering behind the church. They are running the site plan and site
review process concurrently with this Special Exception request, so these plans and
the updated landscape plans have already been submitted to the County through the
site plan process, but not yet through this (Special Exception) process.
Chairman Carissa Lawhun asked Staff to explain further about the statutory
requirements of this plan that the Board doesn’t have the right to consider. The project
manager, Kaitlyn Apgar, responded that the State allows private schools (K-12) to be
allowed outright in the church building without the requirement of a Special Exception,
so that aspect cannot be limited. Deputy County Attorney, Neysa Borkert, stated that
the State revised by Statute in 2024, that states private schools can locate in a building
that is being used as a church, theatre, cinema, museum, performing arts, etc., if
certain criteria are met, for the past five (5) years, without the need to obtain a
rezoning, Special Exception, or other type of zoning approval. Basically, the State
pre-empted our ability to limit the location of private schools in any of those types of
facilities that have been existing for five (5) years. The County, however, can insure