4662 Rezone approximately 3.35 Acres - 3883 Church StreetOrdinance No. 2022-4662
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 3.35 acres in size (Tax identification Parcel
Number: 16-19-30-5AC-0000-056A (generally addressed as 3883
Church Street) within the City Limits (map of the property attached)
from the County Agriculture ("AG") zoning district/classification to
the City's Restricted Industrial ("RI -1 ")zoning district/classification;
providing for the taking of implementing administrative actions;
providing for the adoption of a map by reference; repealing all
conflicting ordinances; providing for severability; providing for
non -codification and providing for an effective date.
Whereas, the real property which is the subject of this Ordinance is
approximately 3.35 acres in size; and
Whereas, the real property which is the subject of this Ordinance is located on
the south side of the street of Church Street and west of Headquarter Lane; and
Whereas, the property owner of the property which is the subject of this
Ordinance is MJ Wellington Associates LLC, a Florida limited liability company, of
Sanford; and
Whereas, the managers of MJ Wellington Associates LLC are Ume Abeeha
Jiwa and Murtaza Jiwa; and
Whereas the applicant/representative of the property owner is Michael
Harding of M Harding Enterprises, Inc. of 5005 Jennifer Place in Orlando; and
Whereas, the property owner submitted an annexation petition to the City and
Ordinance 4622 was enacted on September 27, 2021 by the City Commission
incorporating the subject property into the City Limits of the City; and
Whereas, Mr. Harding implemented the Citizen Awareness and Participation
Plan (CAPP) process to the satisfaction of the City relative to which the required CAPP
report was submitted to the City; and
Whereas, the real property which is the subject of this Ordinance was assigned
the County's AG, Agriculture, zoning district/classification prior to annexation of the
subject real property; and
Whereas, the property owner has applied to the City of Sanford, pursuant to
the controlling provisions of State law and the Code of Ordinances of the City of Sanford,
to have the subject property rezoned to the Restricted Industrial ("RI -1") zoning
district/classification from the existing Agriculture ("AG") zoning district/classification and
the; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on December 2, 2021 to consider the
rezoning of real property from the County Agriculture ("AG") zoning district/classification
to the City's Restricted Industrial ("RI -1") zoning district/classification; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan; and
Whereas, professional City planning staff, the City's Planning and Zoning
Commission and the City Commission have determined that the proposed the rezoning
21 7
of the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and
the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law and all prior
land use actions of the City are hereby ratified and affirmed.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The City has not waived any rights or remedies by taken the action set forth
herein or by approving any successive development orders and reserves any and all
rights and remedies available to the City under controlling law including, but not limited to,
the protections under the laws pertaining to sovereign immunity.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling is 3.35 acres in size, shall be
31
rezoned from the County Agriculture, AG, zoning district/classification to the Restricted
Industrial , RI -1, zoning district/classification:
Tax Identification Parcel Number Owner
16-19-30-5AC-0000-056A
MJ Wellington Associates LLC
The subject real property is more specifically described as follows:
West 200 feet of Lots 56, less roads, of the plat of ST JOSEPHS, as
recorded at Plat Book 1, Page 114 of the Public Records of Seminole
County, Florida, (less roads).
(b). The City Manager, or designee, is hereby authorized to execute any and all
documents necessary to formalize approval of the rezoning action taken herein and to
revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
appropriate to accomplish the action taken in this Ordinance.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and development permits
and such development orders and development permits may be subject to public hearing
requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of
this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Section 6. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
41 -
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non -codification. This Ordinance shall not be codified in the City
Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps of
the City of Sanford by the City Manager, or designee.
Section 7. Effective Date
(a). This Ordinance shall take effect immediately upon enactment subject to the
provisions of Subsection (b)..
(b). This Ordinance shall not take effect until the annexation ordinance
annexing the property that is the subject of this Ordinance is final.
Passed and adopted this 24th day of January, 2022.
Attest: City Commission of the City of
Sanford, Florida /)
Veh-L. Colbert
Attorney
C//
_6114- �Wjy ON,
187
51
CITY OF WS RM X
SkNFORD Fv] Army
FLORIDA Item No.
CITY COMMISSION MEMlum 22-029
JANUARY 24,2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planner Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Application to Rezone approximately 3.35 acres from AG, Agriculture to
RI -1, Restricted Industrial at project address 3883 Church Street.
THis IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
A request to rezone approximately 3.3 5 acres from AG, Agriculture to Rl- 1, Restricted Industrial
at project address at 3883 Church Street has been received.
The property owner is MJ Wellington Associates LLC. The applicant is Michael Harding of M
Harding Enterprises Inc. The applicant, Michael Harding, was responsible for completing the
modified CAPP (Citizens Awareness and Participation Plan) process. A summary of the CAPP is
attached to this report.
The Affidavit of Ownership and Designation of Agent forms are attached and additional
information is available in order to ensure that all potential conflicts of interest are capable of being
discerned.
FISCAL/STAFFING STATEMENT:
Based on the 2021 property tax roll, the property has a assessed value of $525,202. The tax bill for
2021 is $7,244.95. The applicant is proposing to develop new industrial construction, which would
generate additional tax revenue to the City.
No additional staffing is anticipated if the land use amendment is approved.
The 3.3 5 acre site is located on the south side of the street of Church Street and west of Headquarter
Lane. Per the Seminole County Property Appraiser, the lot currently houses a agriculture storage
building. Ordinance No. 4622 was adopted on September 27, 2021, annexing the parcel into the
City.
The property is currently zoned Agriculture. The applicant has submitted a request to rezone the
property to RI -1, Restricted Industrial. Upon annexation and land use amendment, the applicant is
seeking to rezone the property to RI -1, Restricted Industrial zoning which is compatible with
development currently surrounding the property as well as the future development patterns
intended for this area.
In addition, the applicant is seeking to amend the land use from HIP -TI, High Intensity Planned
Development — Target Industry to WIC, Westside Industry and Commerce, which is compatible
with development currently surrounding the property as well as the future development patterns
intended for this area.
Per Exhibit B of the JPA the HIP -TI, High Intensity Planned Development — Target Industry
(Seminole County Land Use Designation) is equivalent to the WIC, Westside Industry and
Commerce (City of Sanford Land Use Designation). Exhibit B describes equivalent future land
use designations in the City and the County comprehensive plan. The designations have been
deemed equivalent due to their similar intensities and densities of allowable development.
Per Exhibit D, the subject property is within sub -area 8 of the JPA and Exhibit C the following
excerpts apply to this land use conversion.
The City has amended its Comprehensive Plan to require PD zoning in this area. All lands in
this area annexed by the City subsequent to the JPA have received land use designations of
Westside Industry Commerce, one of the City's equivalent designations to HIP -TI. City and
County Comprehensive Plan policies for this area are very similar. The City's densities and
floor areas are slightly less intense than the County's.
Per Article 11 of the Land Development Regulations, the definition of Restricted Industrial is as
follows:
0 Restricted Industrial. This district includes areas of the City of Sanford which are intended
for light wholesale and manufacturing uses and related accessory uses. The maximum
intensity for industrial development shall be a floor area ratio of .50.
No additional standards or conditions can be placed upon this type of rezone and the rezone is
presented to determine whether or not the request is consistent with the underlying land use and
the goals and objectives of the Comprehensive Plan. Any development that occurs in the future on
said property will be subject to all conditions, standards and regulations set forth in the LDR and
other City codes for development within the RI -1 zoning district, if this rezone is approved. If any
Conditional Uses, Variances or other deviations from the code are expected, additional public
hearings may be required and therefore subject to the necessary CAPP meeting component at that
time.
Page 2 of 5
LEGAL REviF-w:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided
by City staff, but has noted the following that should be adhered to in all quasi-judicial decisions.
Section 166.033, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021-
224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House
Bill Number 1059) provides as follows (please note emphasized text):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or
development order, a municipality must review the application for completeness and issue a letter
indicating that all required information is submitted or specifying with particularity any areas that
are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies
by submitting the required additional information. Within 120 days after the municipality has
deemed the application complete, or 180 days for applications that require final action through a
quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions,
or deny the application for a development permit or development order. Both parties may agree to
a reasonable request for an extension of time, particularly in the event of a force majeure or other
extraordinary circumstance. An approval, approval with conditions, or denial of the application
for a development permit or development order must include written findings supporting the
municipality's decision. The timeframes contained in this subsection do not apply in an area of
critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code.
(2)(a) When reviewing an application for a development permit or development order that is
certified by a professional listed in s. 403.0877, a municipality may not request additional
information from the applicant more than three times, unless the applicant waives the limitation in
writing.
(b) If a municipality makes a request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality must
review the application for completeness and issue a letter indicating that all required information
has been submitted or specify with particularity any areas that are deficient within 30 days after
receiving the additional information.
(c) If a municipality makes a second request for additional information and the applicant submits
the required additional information within 30 days after receiving the request, the municipality
must review the application for completeness and issue a letter indicating that all required
information has been submitted or specify with particularity any areas that are deficient within 10
days after receiving the additional information.
(d) Before a third request for additional information, the applicant must be offered a meeting to
attempt to resolve outstanding issues. If a municipality makes a third request for additional
information and the applicant submits the required additional information within 30 days after
receiving the request, the municipality must deem the application complete within 10 days after
receiving the additional information or proceed to process the application for approval or denial
unless the applicant waived the municipality's limitation in writing as described in paragraph (a).
(e) Except as provided in subsection (5), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the municipality,
at the applicant's request, shall proceed to process the application for approval or denial.
(3) When a municipality denies an application for a development permit or development order,
the municipality shall give written notice to the applicant. The notice must include a citation to the
Pale 3 of 5
applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit
or order.
(4) As used in this section, the terms "development permit" and "development order" have the
same meaning as in s. 163.3164, but do not include building permits.
(5) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit or
development order that an applicant obtain a permit or approval from any state or federal agency
unless the agency has issued a final agency action that denies the federal or state permit before the
municipal action on the local development permit.
(6) Issuance of a development permit or development order by a municipality does not create
any right on the part of an applicant to obtain a permit from a state or federal agency and does not
create any liability on the part of the municipality for issuance of the permit if the applicant fails
to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. A municipality shall attach such
a disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(7) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government
having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes).
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [of] an application":
"(15) 'Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to
the applicable portions of each ordinance, rule, statute or other legal authority supporting the denial
of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan
were to be the basis for a denial, then such goal, objective or policy must be part of the motion
proposing the denial. A denial development order would be drafted to implement the actions of
the City Commission in the event of such occurrence. Accordingly, any motion to deny must state,
with particularity, the basis for the proposed denial.
The City Commission has also expressed its desire for all who vote against the majority decision
to express the rationale for their vote with regard to all matters.
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those
matters are legislative in nature and not quasi-judicial matters.
The City Commission approved the first reading of Ordinance No. 4662 on January 10, 2022.
Page 4 of 5
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 12,
2022.
Staff finds that the rezoning is appropriate and suitable for the subject site and is compatible with
the surrounding land uses and is consistent with the City of Sanford Comprehensive Plan, Joint
Planning Agreement and Chapter 163 of Florida Statutes and recommends approval of the request.
On December 2, 2021, the Planning and Zoning Commission recommend that City Commission
approve rezoning approximately 3.35 acres from Agriculture to RI -1, Restricted Industrial at
project address 3883 Church Street.
Additional comments or recommendations may be presented by staff at the meeting.
It is staff's recommendation to adopt Ordinance No. 4662.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4662."
Attachments:
(1)
Project Information Sheet
(2)
Future Land Use Map
(3)
Aerial Map
(4)
Affidavit of Ownership
(5)
CAPP Summary/Letter
(6)
Ordinance No. 4662
\\COS -Fl LE -0 I \Planning_and — Engineering\Development Review\03-Land Development\202R3883 Church Street\CC\Rezone\CC Memo - 3883
Church Street Rezone -1 st.docx
Page 5 of 5
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Proposed Zoning:
Current Land Use:
Legal Description:
PROJECT INFORMATION - 3883 CHURCH STREET
REZONE
Tax Parcel Numbers:
Site Area:
Property Owner:
Comprehensive Plan Amendment to rezone approximately 3.35 acres from Agriculture to
RI -1, Restricted Industrial at project address at 3883 Church Street.
Commercial Warehouse
3883 Church Street
A-1 (Seminole County)
RI -I (City)
Storage Building
W 200 FT OF LOT 56 (LESS
RDS)
STJOSEPHS
P13 I PG 114
16-19-30-5AC-0000-056A
3.3 5 Acres
MJ Wellington Associates, LLC.
Applicant/Agent: Michael Harding
MHarding Enterprises, INC
5005 Jennifer Place,
Orlando FL 32807
Phone: (407) 342-8386
Email: i-nichael@mhardingentei-prises.com
CAPP Meeting: A Modified CAPP letter (COVID- 19) to residence in a 500 radius feet area was mailed on
May 13, 2021. A summary completed report was provided on August 6, 2021.
Commission District: District 2 — Kerry S. Wiggins Sr.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Existing Land Use: HIP -TI — High Intensity Planned Development (County)
Future Land Use: WIC - Westside Industry and Commerce (City)
SURROUNDING USES AND ZONING:
Zoning
North Planned Development
South Planned Development
East Planned Development
West Planned Development (County)
Uses
Pro Build Lumber
Empty Lot
North Park Commerce Center
Maronda Homes
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M Harding Enterprises, Inc.
5005 Jennifer Place, Orlando Florida 32807
Phone: 407-342-8386
Email: inicliaelrt;Dznliat-ditieenIgEpLise�.eom
May 10, 2021
Dear Property Owner,
RE: Annexation and Re -Zoning of the property located at 3883 Church Street, Sanford
On behalf of the land owners, MHarding Enterprises, Inc. would like to inform you of a proposed Annexation
and re -zoning of the referenced property. Currently the property 2.74 acre property is located in Seminole County
and has a zoning designation of A-1 Agricultural with a Future Land Use of HIPTI- Higher Intensity Planned
Development — Target Industry. The proposal is to Annex into the City of Sanford and change the zoning to PD
— Planned Development similar to the property adjacent to the east property line of this parcel.
A map of the property is located on this letter and a concept plan of the development is attached.
Due to the Covid-19 virus, we are asking that if you have any questions of comments please email Michael
Harding at Michael( �bmhardingenterpnses.com or contact us directly at (407)-342-8386.
MHarding Enterprises, Inc. would like to address concerns or comments that you may have in regards to this
request.
Sincerely;
Michael D. Harding, P.E.
MHarding Enterprises, Inc.
0
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Additional Page 2 for Notary
1. Ownership
MJ Wellington Associates, LLC. By: Ume Abeeha Jiwa, Murtaza Jiw
11 nereby attest to ownership of the property described below.
Tax Parcel Number(s): 16-19-30-5AC-0000-056A
Address of Property: 3883 Church Street Sanford, Fl. 32771
for which this Annexation, Re -Zoning, Comprehensive Plan Ammendment, application is submitted to the City of Sanford.
Development Plan
11. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
ApplicariVs Agent (Print): Michael D. Harding Signature:
Agent Address: MHarding Entgprises, Inc. 5005 Tennifer Place, Orlando fl. 32807
Email: michaelOimhardin"nterprises.co m Phone: 407-342-8386 Fax:
Ill. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
None.
The owner of the real property associated with this application or proclimited
eLiability Company activity is a (check one)
o Individual o Corporation o Land Trust a Partnership
o Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer, the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (20/6) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
M Harding Enterprises, Inc.
5005 Jennifer Place, Orlando Florida 32807
Phone: 407-342-8386
Email: michae]La)mliardinp-entert)rises.com
August 6, 2021
Sabreena Colbert
Senior Planner/ Interim Development Services Manager
Planning & Development Services
City of Sanford
300 North Park Avenue
Sanford, Fl. 3771
RE: Annexation and Re -Zoning Parcel No. 16-19-30-5AC-0000-056A
3883 Church Street, Sanford
Dear Mrs. Colbert,
This letter is the final report under the modified CAPP for the Annexation and Re -Zoning application for the
referenced parcel.
As required, a letter explaining what is proposed with this parcel was sent via US Mail on May 13th to the property
owners within a 500 -foot buffer. The list was gathered from the Seminole County Properties Property Appraisers
website. A copy of the letter and the property owners is attached for your reference.
We received no correspondence, either verbally or written from any of the property owners. We received no
objections or inquiries from the listed property owners, as this is an industrial area, and the proposed use is
consistent with what is existing in the area.
If you have any questions, please do not hesitate to contact me directly.
Sincerely;
Michael D. Harding, P.E.
President
MHarding Enterprises, Inc.
16-19-30-5AC-0000-0560
D L FOX PROPERTIES LP
623 TRESTLE PT
SANFORD, FL 32771
21-19-30-5SW-0000-0010
ROWE INV PROP LLC
705 GOLDEN SPIKE LN
SANFORD, FL 32771
16-19-30-5AC-0000-056A
MJ WELLINGTON ASSOCIATES LLC
3830 CABOOSE PL
SANFORD, FL 32771
21-19-30-5SW-0000-0110
CAGLE DEV CO LLC
374 CIDERMILL PL
LAKE MARY, FL 32746
16-19-30-5AC-0000-056C
CABOT IV FL1W01-W02 LLC
CO PROPERTY TAX GATEWAY INDUSTRIALPO BOX A3879
CHICAGO, IL 60690
21-19-30-5SW-0000-0020
ROWE INV PROPERTIES LLC
722 GOLDEN SPIKE LN
SANFORD, FL 32771
16-19-30-5AC-0000-0340
JACOBMAXG LLC
1124 KANE CONCOURSE
BAY HARBOR IS, FL 33154
16-19-30-5AC-0000-0350
PRO, BUILD REAL
PO BOX 460069
HOUSTON, TX 77056
16-19-30-5AC-0000-065A
MIPS OF SANFORD LLC
4005 MARONDA WAY
SANFORD, FL 32771
21-19-30-5SW-0000-0100
BOLDER PROPERTIES LLC
623 TRESTLE PT
SANFORD, FL 32771
%-.ftrr 1XLLCI IVIdUling nUUICbSCS
3883 Church Street, Sanford
16-19-30-5AC-0000-0630
D L FOX PROPERTIES LP
623 TRESTLE PT
SANFORD, FL 32771
16-19-30-5AC-0000-0550
MIPS OF SANFORD LLC
4005 MARONDA WAY
SANFORD, FL 32771
M Harding Enterprises, Inc.
5005 Jennifer Place, Orlando Florida 32807
Phone: 407-342-8386
Email: michae](0)mhai-din2eiiteri)rises.coi-n
May 10, 2021
Dear Property Owner,
RE: Annexation and Re -Zoning of the property located at 3883 Church Street, Sanford
On behalf of the land owners, MHarding Enterprises, Inc. would like to inform you of a proposed Annexation
and re -zoning of the referenced property. Currently the property 2.74 acre property is located in Seminole County
and has a zoning designation of A-1 Agricultural with a Future Land Use of HIPTI- Higher Intensity Planned
Development — Target Industry. The proposal is to Annex into the City of Sanford and change the zoning to PD
— Planned Development similar to the property adjacent to the east property line of this parcel.
A map of the property is located on this letter and a concept plan of the development is attached.
Due to the Covid-19 virus, we are asking that if you have any questions of comments please email Michael
Harding at MichaelL�iiihardiiityenterprises.com or contact us directly at (407)-342-8386.
MHarding Enterprises, Inc. would like to address concerns or comments that you may have in regards to this
request.
Sincerely;
Michael D. Harding, P.E.
MHarding Enterprises, Inc.
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4. For Partnerships including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and
address of each additional member with two percent (2%) or more membership Interest. If any member with two percent (20/6) or
more membership interest, manager, or managing member Is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: MJ WELLINGTON ASSOCIATES LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust partnership, or LLC, provide the information required for those entities in paragraphs 2, 3. 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
%
INTEREST
Ume Abeeha Jiwa
Manager
1665 Bridgewater Dr. Lake MaFl.
50%
Murtaza Jiwa
Manager
1665 Bridgewater Dr. Lake MM FL.
50%
(Use additional sheets for more space.)
T. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
August 20, 2021
Date Owner, Agent, Applicant Signature
STATE OF FLORIDA) Ume Abeeha Jiwa, MJ Wellington Associates, LLC.
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, befg5a me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared Ume Abeeha Jiwa Wwho is personally known to me or () who produced
as identification /.�sid acknowledged before me that s/he executed the same. Sworn and subscribed before me, by Um" e Abeelia ]iwa
by i rphyslcal presence or {I online notarization on the 20tivav of August 2021 2o2&
the said person did take an
oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the
statements and allegations contained herein are true and correct.
WITNESS my hand and official seat in the Countya d S to I st aforesaid this 2eft
Notary Public; State of Florida
M. O'
(Affix Notarial Seal) Anr* CMW
Comm.'s G280207
Printed Name., Anne M. O'Connor 2if
OM OMA
Affidavit of OwnersWp - Febnwy 2020
Am NO"
2
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member. and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: MJ WELLINGTON ASSOCIATES LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLEIOFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Urne Abeeha Jiwa
Manager
1665 Bridgewater Dr. Lake MaKy Fl.
50%
Murtaza JTwa
Mana er
1665 Bridgewater Dr. Lake Maly Fl.
50%
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
August 20, 2021
Date 0er, A
STATE OF FLORIDA) Murtaza Ji a, IJT
COUNTY OF SEMINOLE I
Applicant Signature
Wellington Associates, LLC.
I HEREBY CERTIFY that on this day, belp me, an officer duly authorized to administer oaths and take acknowledgments,
t
wt
personally appeared Murtaza Jiwa 1, Who is personally known tome or (I who produced
as identification d acknowledged before me that s/he executed the selme. Sworn and subscribed before me, by murtaza Jiwa
by means of physical presence or ( ) online notarization on the 20ttllay of August 2021 20M, the said person did take an
oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the
statements and allegations contained herein are true and correct.
WITNESS my hand and official seat in the Coun7ty7�a,! late last afDresaid this 20� August 2021 2aea
y -p?,
� 1A
Wotary Public, State of Florida '6�k__."y PV Anr* M. 0'rOnfw
(Affix Notarial Seat)
Printed Name: Anne M. O'Connor A % Comm.0080207
Affidavit of OwnarsNp - February 2020 Apt 21, =4
B=M Th Mm No"
2
"MI 311
�4
CITY OF
Rlt A
PLANNING AND ZONING COMMISSION MEMORANDUM
DECEMBER 2,2021
To: Planning and Zoning Commission
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Eileen Hinson, AICP — Planning Director
SUBJECT: Rezone approximately 3.3 5 acres from Agriculture to RI -1, Restricted Industrial at
project address 3883 Church Street.
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF
ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT
OPINIONS REGARDING THIS MATTER.
SYNOPSIS:
A request to rezone approximately 3.35 acres from AG, Agriculture to RI -1, Restricted Industrial at project
address at 3883 Church Street has been received.
The property owner is MJ Wellington Associates LLC. The applicant is Michael Harding of M Harding
Enterprises Inc. The applicant, Michael Harding of M Harding Enterprises Inc., was responsible for
completing the modified CAPP (Citizens Awareness and Participation Plan) process. A summary of the
CAPP is attached to this report.
The Affidavit of Ownership and Designation of Agent forms are attached and additional information is
available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
Based on the 2021 property tax roll, the property has a assessed value of $525,202. The tax bill for 2021
is $7,244.95. The applicant is proposing to develop new industrial construction, which would generate
additional tax revenue to the City.
No additional staffing is anticipated if the land use amendment is approved.
The 3.35 acre site is located on the south side of the street of Church Street and west of Headquarter Lane.
Per the Seminole County Property Appraiser, the lot currently houses a agriculture storage building.
Ordinance 4622 was adopted on September 27, 2021, annexing the parcel into the City..
Page I of 6
The property is currently zoned Agriculture. The applicant has submitted a request to rezone the property
to RI -1, Restricted Industrial. Upon annexation and land use amendment, the applicant is seeking to rezone
the property to RM, Restricted Industrial zoning which is compatible with development currently
surrounding the property as well as the future development patterns intended for this area.
In addition, the applicant is seeking to amend the land use from HIP -TI, High Intensity Planned
Development — Target Industry to WIC, Westside Industry and Commerce, which is compatible with
development currently surrounding the property as well as the future development patterns intended for
this area.
Per Exhibit B of the JPA the HIP -TI, High Intensity Planned Development — Target Industry (Seminole
County Land Use Designation) is equivalent to the WIC, Westside Industry and Commerce (City of
Sanford Land Use Designation). Exhibit B describes equivalent future land use designations in the City
and the County comprehensive plan. The designations have been deemed equivalent due to their similar
intensities and densities of allowable development.
Per Exhibit D, the subject property is within sub -area 8 of the JPA and Exhibit C the following excerpts
apply to this land use conversion.
The City has amended its Comprehensive Plan to require PD zoning in this area. All lands in this
area annexed by the City subsequent to the JPA have received land use designations of Westside
Industry Commerce, one of the City's equivalent designations to HIP -TI. City and County
Comprehensive Plan policies for this area are very similar. The City's densities and floor areas are
slightly less intense than the County's.
Per Article 11 of the Land Development Regulations, the definition of Restricted Industrial is as follows:
• Restricted Industrial. This district includes areas of the City of Sanford which are
intended for light wholesale and manufacturing uses and related accessory uses. The
maximum intensity for industrial development shall be a floor area ratio of .50.
No additional standards or conditions can be placed upon this type of rezone and the rezone is presented
to determine whether or not the request is consistent with the underlying land use and the goals and
objectives of the Comprehensive Plan. Any development that occurs in the future on said property will be
subject to all conditions, standards and regulations set forth in the LDR and other City codes for
development within the F-1-1 zoning district, if this rezone is approved. If any Conditional Uses, Variances
or other deviations from the code are expected, additional public hearings may be required and therefore
subject to the necessary CAPP meeting component at that time.
LEGAL REviEw:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided by City
staff, but has noted the following that should be adhered to in all quasi-judicial decisions: Section 166.033,
Florida Statutes, as amended in the recent Legislative Session, in Chapter 2021-224, Laws of Florida (deriving
Page 2 of 6
19-89-15POI
from Committee Substitute for Committee Substitute for House Bill Number 1059) provides as follows (please
note emphasized text):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or development
order, a municipality must review the application for completeness and issue a letter indicating that all
required information is submitted or specifying with particularity any areas that are deficient. If the
application is deficient, the applicant has 30 days to address the deficiencies by submitting the required
additional information. Within 120 days after the municipality has deemed the application complete, or 180
days for applications that require final action through a quasi-judicial hearing or a public hearing, the
municipality must approve, approve with conditions, or deny the application for a development permit
or development order. Both parties may agree to a reasonable request for an extension of time, particularly
in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions,
or denial of the application for a development permit or development order must include written findings
supporting the municipality's decision. The timeframes contained in this subsection do not apply in an area
of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code.
(2)(a) When reviewing an application for a development permit or development order that is
certified by a professional listed in s. 403.0877, a municipality may not request additional information
from the applicant more than three times, unless the applicant waives the limitation in writing.
(b) If a municipality makes a request for additional information and the applicant submits the required
additional information within 30 days after receiving the request, the municipality must review the
application for completeness and issue a letter indicating that all required information has been submitted or
specify with particularity any areas that are deficient within 30 days after receiving the additional
information.
(c) If a municipality makes a second request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality must review the
application for completeness and issue a letter indicating that all required information has been submitted or
specify with particularity any areas that are deficient within 10 days after receiving the additional
information.
(d) Before a third request for additional information, the applicant must be offered a meeting to attempt to
resolve outstanding issues. If a municipality makes a third request for additional information and the
applicant submits the required additional information within 30 days after receiving the request, the
municipality must deem the application complete within 10 days after receiving the additional information or
proceed to process the application for approval or denial unless the applicant waived the municipality's
limitation in writing as described in paragraph (a).
(e) Except as provided in subsection (5), if the applicant believes the request for additional information is
not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request,
shall proceed to process the application for approval or denial.
(3) When a municipality denies an application for a development permit or development order, the
municipality shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other lel4al authority for the denial of the permit
or order.
(4) As used in this section, the terms "development permit" and "development order" have the same
meaning as in s. 163.3164, but do not include building permits.
(5) For any development permit application filed with the municipality after July 1, 2012, a municipality
may not require as a condition of processing or issuinlz a development permit or development order
that an applicant obtain a permit or approval from any state or federal agency unless the agency has
Page 3 of 6
PH -4B
issued a final agency action that denies the federal or state permit before the municipal action on the
local development permit.
(6) Issuance of a development permit or development order by a municipality does not create any right on
the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law. A municipality shall attach such a disclaimer to the issuance of development pen -nits and
shall include a permit condition that all other applicable state or federal permits be obtained before
commencement of the development.
(7) This section does not prohibit a municipality from providing information to an applicant regarding what
other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building pen -nit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance, or
any other official action of local government having the effect of penri tting the
development of land." (Section 163.3164(16), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the
basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A
denial development order would be drafted to implement the actions of the City Commission in the event of
such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed
denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofd an application":
"(15) 'Development order' means any order granting, denying, or granting with conditions an application
for a development pen -nit." (Section 163.3164(15), Florida Statutes).
(3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164, but
does not include building permits.
(4) For any development pen -nit application filed with the municipality after July 1, 2012, a municipality
may not require as a condition of processing or issuing a development permit that an applicant obtain a
pennit or approval from any state or federal agency unless the agency has issued a final agency action that
denies the federal or state permit before the municipal action on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on the part
of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part
of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or
federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall
include a permit condition that all other applicable state or federal pen -nits be obtained before
commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant regarding
what other state or federal pen -nits may apply."
The above -referenced definition of the term "development permit" is as follows:
Page 4 of 6
"(16) 'Development pen -nit' includes any building permit, zoning pen -nit,
subdivision approval, rezoning, certification, special exception, variance, or
any other official action of local government having the effect of permitting the
development of land." (Section 163.3164(16), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be
the basis for a denial, then such goal, objective or policy must be part of the motion proposing the
denial. A denial development order would be drafted to implement the actions of the City Commission
in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the
basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofl an application":
"(15) 'Development order' means any order granting, denying, or granting with
conditions an application for a development pennit." (Section 163.3164(15), Florida
Statutes).
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those matters are
legislative in nature and not quasi-judicial matters.
The City Comiriission has also expressed its desire for all who vote against the majority decision to express
the rationale for their vote with regard to all matters.
Staff finds that the rezoning is appropriate and suitable for the subject site and is compatible with the
surrounding land uses and is consistent with the City of Sanford Comprehensive Plan, Joint Planning
Agreement and Chapter 163 of Florida Statutes.
It is staff s recommendation that the Planning and Zoning Commission recommend that City Commission
approve rezoning approximately 3.35 acres from Agriculture to RI -1, Restricted Industrial at project
address 3883 Church Street.
Additional comments or recommendations may be presented by staff at the meeting.
ICICI =-I 0 a 0,
6
"I move to recommend the Planning and Zoning Commission approve rezoning approximately 3.3 5 acres
from Agriculture to RI -1, Restricted Industrial at project address 3883 Church Street.
Pap 5 of 6
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
CAPP Summary
\\COS -FILE -0 I Tlarmingand — Engineering\Development Review\03-Land Development\2021\3883 Church Street\PZC\Rezone\PZC Memo - 3883 Church
Street - Rezone—DEC.doex
Page 6 of 6
M Harding Enterprises, Inc.
5005 Jennifer Place, Orlando Florida 32807
Phone: 407-342-8386
Email: micliacl(izanrliao•dinfienterprises.coni
August 6, 2021
Sabreena Colbert
Senior Planner/ Interim Development Services Manager
Planning & Development Services
City of Sanford
300 North Park Avenue
Sanford, Fl. 3771
RE: Annexation and Re -Zoning Parcel No. 16-19-30-5AC-0000-056A
3883 Church Street, Sanford
Dear Mrs. Colbert,
This letter is the final report under the modified CAPP for the Annexation and Re -Zoning application for the
referenced parcel.
As required, a letter explaining what is proposed with this parcel was sent via US Mail on May 13t" to the property
owners within a 500 -foot buffer. The list was gathered from the Seminole County Properties Property Appraisers
website. A copy of the letter and the property owners is attached for your reference.
We received no correspondence, either verbally or written from any of the property owners. We received no
objections or inquiries from the listed property owners, as this is an industrial area, and the proposed use is
consistent with what is existing in the area.
If you have any questions, please do not hesitate to contact me directly.
Sincerely;
A�
Michael D. Harding, P.E.
President
MHarding Enterprises, Inc.
21-19-30-5SVV-0000'0010
RDVVEINV PROP LLC
7O5GOLDEN SPIKE LN
SANFOR[}.FL32771
16-18-30-5AC'0000-058A
K4JWELLINGTON ASSOCIATES LLC
383OCABOOSE pL
SANF0RD.FL32771
21-19-30-5SW'0000-0110
CAGLE DEV CO LLC
374C|[}ERKA|LLPL
LAKE MARY. FL 32746
16-18-30-5AC-0000-058C
CABOT |VFL1VVO1-WO2LLC
��PROPERT NDUSTR|/LPOPDX �J'78
CHICAGO. |L8OG9O
21-19-30-5SVV-0000-0030
ROVVEINV PROPERTIES LLC
722GOLDEN SPIKE LN
SANFC)RD.FL32771
16-19-30'5AC-0000-0340
JACDBMAXGLLC
1124KANECONCOURSE
BAY HARBOR IS, FL33154
16-19-30-5AC-0000'0350
PRO, BUILD REAL
POBOX 400009
HOUSTON, TX77U5G
16'18-30'5AC-0000-065A
M|PSOFSANFOR[}LLC
4OO5K4ARUNDAWAY
SANF(}RD.FL32771
21-1 1OO
BOLDER PROPERTIES LLC
G23TRESTLE PT
SANFORD.FL32771
CAPP Letter Mailin Addresses
3883 Church Street, Sanford
16-19-30-5AC~0000'0630
DLFOX PROPERTIES LIP
623TRESTLE PT
SANFOFiO.FL32771
18-19-30-5AC-0000-0550
@|PSOFSANFDRDLLC
4OO5MAF|{}NDAWAY
SANF[)RD.FL32771