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HomeMy WebLinkAbout2005 03 28 Regular 504 Final Development Order Regarding Eagle Bay Wood Products, Inc COMMISSION AGENDA ITEM 504 Consent Informational Public Hearing Regular X "11'1)0 I () 1 Dept. March 28. 2005 Meeting Mgr. 1 REQUEST: Approve final development order regarding Eagle Bay Wood Products, Inc. PURPOSE: The purpose ofthis Agenda Item is to approve a final development order regarding Eagle Bay Wood Products, Inc. The matter was heard and decided by the City Commission on November 22,2005. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 30.112, Seminole County Code. CONSIDERATIONS: 1. The City Commission approved the general permit on November 22, 2005. 2. The Development Order memorializes in writing the City Commission's November 22,2004 decision. 3. The City Attorney anticipates receiving a letter from the property owner's attorney requesting the City Commission to reconsider portions of the proposed order. The letter was not received in time to include with this Agenda. However, the City Attorney believes from talking to the Montgomery's attorney that the Montgomerys feel that the provision B(1), under Conclusions of Law , may pose a hardship in the event the Montgomerys suffer an illness, disability, financial hardship or some other adverse event. STAFF RECOMMENDATION: The City Attorney recommends approval, subject to the City Commission providing direction regarding any objections raised by the Montgomerys. Page I of 2 ATTACHMENT: 1. Development Order. 2. Excerpt of November 22, 2005 City Commission Minutes. COMMISSION ACTION: I. At the Montgomery's request, the City Commission tabled consideration of the proposed development order at the February 14, 2005 Commission meeting in order to provide Mr. Montgomery more time to review the proposed development order. Page 2 of 2 Page I of8 "" Anthony Garganese From: To: Sent: Subject: "Andrea Lorenzo-Iuaces" <aluaces@winterspringsfl.org> "Anthony Garganese" <agarganese@orlandolaw.net> Monday, January 10, 2005 3:53 PM Minutes Anthony, I was out Friday afternoon but had this information for you when I saw you earlier today, but then you left. I also will have a copy for you tonight. PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing To Consider The Applicant's Request For A G~JH~ral Permit For Eagle Bay Wood Products (A Light Industrial Use) Under The Property's Current "A-3" Zoning. Ms. Sahlstrom introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert King, 2211 Black Hammock, 0 viedo, Florida: addressed the City Commission on this issue and asked the City Commission to consider the issues at hand. Tape 2/Side B Ms. April Bosworth, Planner, Seminole County, 1101 East First Street, Sanford, Florida: spoke for the record on Seminole County's position. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McLeod spoke for the Record on a previous business relationship with Mr. Tim Montgomery. Much discussion. Tape 3/Side A Further discussion. Deputy Mayor Miller stated, "I would prefer to see us have this brought back by Staff in a bout - maybe the first Meeting in January, and I would very much like to see a history of how these people got in this situation, from the County." Furthermore, Deputy Mayor Miller noted, "I would like to see us take care of this. I think we can, and I think we need to get the legal issues out on the table first. We need to find out how this got this far, to the time that we eventually annexed the property - how did all these things come to pass, and how <;lid they build 20,000 square feet of Industrial Facilities in the Black Hammock." Additionally, Deputy Mayor Miller said, "I would like to have it brought back and I would like to see some of this evidence on these activities that took place. With regard to the .., 11 ^ '_A^l'" Page 2 of8 Applicant, if there is going to be some legal problems - if we go forward or against it, I think there is also going to be some blow back on the County in this regard, and I would like to have some understanding of what the legal issues might be." Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: addressed the City Commission on this Agenda Item. Attorney Garganese suggested to the City Commission, "You may want to put a Sunset provision if you issue the permit, that should the business cease its operations, then the General Permit expires, so it is not perpetual." Discussion. Then, Attorney Garganese stated, "Staff was involved in trying to pull together historical information regarding the Minter, Weaver, Carroll properties, specifically the Weaver property; and we asked for all records regarding Building Permits that were issued, and we will tell you that the records that we received from the County are - totally incomplete with respect to what was allowed to go on, on this property." Deputy Mayor Miller said, "No one on this Commission has seen those documents. I would like to see them before I vote on this." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS MAKE THE FINDING THAT THE EIGHT (8) CRITERIA PRESENTED - REQUIRED BY THE COUNTY FOR THE ISSUANCE OF A GENERAL PERMIT FOR LIGHT INDUSTRIAL USE TO EAGLE BAY WOOD PRODUCTS AT 203 CRESS RUN BE FOUND TO EXIST AND THAT THE CITY OF WINTER SPRINGS APPROVE THIS REQUEST FOR THE GENERAL PERMIT SUBJECT TO THE FOLLOWING SUNSET PROVISIONS; THOSE BEING THAT THIS PERMIT IS ISSUED TO - EAGLE BAY WOOD PRODUCTS AND ITS CURRENT OWNERS ONLY, AND THAT THE PERMIT IS IN EFFECT ONLY FOR AS LONG AS THAT OWNER IS IN BUSINESS AT THAT LOCATION AND OWNS THAT PROPERTY. FURTHER, EAGLE BAY WOOD PRODUCTS OWNERS MUST COME BACK BEFORE THIS COMMISSION TEN (10) YEARS FROM NOW AND REAPPLY FOR A GENERAL USE PERMIT OR WHAT OTHER SPECIAL EXCEPTION OR METHOD MAY BE PROVIDED BY WINTER SPRINGS CODE AT THAT TIME FOR THE RIGHT TO CONTINUE OPERATIONS PAST THAT TEN (10) YEAR TIME FRAME." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. "I WOULD LIKE TO CHANGE AND AMEND IT - THAT HE WOULD NOT NEED TO COME BACK HERE IN TEN (10) YEARS AND REAPPLY FOR ANOTHER GENERAL USE PERMIT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR MILLER STATED, "WE NEED TO MAKE ABSOLUTELY CERTAIN THAT IT IS ON THE RECORD THAT THIS IS HOW WE GOT TO THE POINT WHERE WE ARE DOING THE RIGHT THING." VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY 1 /1 (\n(\(\,\ Page 3 of8 COMMISSIONER BLAKE: NAY MOTION DIQNOT CARRY. "I WOULD MAKE AN AMENDMENT TO THE MAIN MOTION THAT REMOVES THE TEN (10) YEAR CLAUSE AND REPLACES IT WITH FIFTEEN (15) YEARS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE LAST AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McGINNIS: AYE MQIIQN.CARRIEIl. COMMISSIONER BLAKE SAID, "WHAT IT MEANS IS THAT IF THE BUSINESS CEASES OPERATIONS; IF THE BUSINESS IS SOLD TO A DIFFERENT OWNER; IF THE BUILDING IS SOLD TO A DIFFERENT OWNER - THE OWNER HAS TO COME BACK AND REAPPLY BEFORE THE COMMISSION UNDER WHATEVER PROVISIONS ARE AVAILABLE UNDER THE CURRENT CODE AT THAT TIME, FOR AN EXTENSION - WITHIN FIFTEEN (15) YEARS." ATTORNEY GARGANESE ASKED MS. BOSWORTH FOR THE RECORD, "IS THIS PROPERTY CURRENTLY IN THE RURAL AREA, AS DEFINED BY THE SEMINOLE COUNTY CHARTER AMENDMENT?" MS. BOSWORTH RESPONDED, "THE PROPERTY IN QUESTION IS NOT IN THE RURAL AREA AS DEFINED BY THE CHARTER AMENDMENT." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MQIIQ~_ Ca.RRIED, Mayor Bush called a Recess at 10:31 p.m. The Meeting reconvened at 10:43 p.m. Attorney Garganese stated, "One of the conditions is that if the business ceases to operate, then the Permit will terminate. And the question in the Applicant's mind is what do you mean by cease to do business in the event the building is damaged, because of a hurricane or some other natural disaster, or fire. Would they be permitted to rebuild the business and continue operating, or is the damage to the building constitute a cessation of the business where they lose their Permit right?" Commissioner Blake said, "The intent is if you cease operations, that the Permit would end. That was my intent, which certainly doesn't mean for some unforeseen event, act of God, loss of electricity for an extended period of time _ things that are not due to your own control. If you closed down due to financial reasons, that would be a cease of operations; if you close down because of a hurricane, as Anthony stated, or the fire, and - those have always been allowed to rebuild." 1 /1 ()/')()()'\ Page 40f8 Attorney Garganese noted, "Ceasing to do business, does not include if there is an Act of God, and there is damage to the business, and they have to stop operating for a period of time while they are rebuilding, that is not a cessation of business." Commissioner Blake said, "Correct." Commissioner McLeod said, "Wouldn'tthere be a time frame - say 120 day time frame that - he would have to apply for a Building Permit?" Commissioner McLeod added, "I think you have to have a time to apply for the Permit, and the Permit has its own time frame." Commissioner Blake said, "Anthony [Garganese] or Ron [McLemore], is there going to be something in writing on this?" Attorney Garganese said, "Yes." Commissioner Blake then suggested, "Why don't we leave it to Staff to construct the actual written Permit so that it encompasses these issues." With discussion, Commissioner McLeod said, "If you think 180 days is fair time, I don't have a problem with that." Commissioner Blake said, "I don't know what the number is, I just know what the intent is." Commissioner McLeod noted, "180 days." Mr. Montgomery then said, "We have 180 days to apply for the Permit, which does not include completing whatever damage - or repairs?" Commissioner Blake said, "Right. We also have already built into the Code, requirements for how long a Permit is good for." With further discussion as to ownership, Commissioner Blake noted, "As long as there is no change in control, then it continues to exist, but as soon as you no longer have control, then the Permit would cease to exist for that location." Mr. Montgomery then said, "So therefore, we could transfer from one family member to another, and another family member and that would be acceptable under this provision?" Deputy Mayor Miller suggested, "I think we need to have - his questions put on paper and brought back." Commissioner Blake said, "I think these are the minutia that we give to Staff to nail down." Regarding some of these issues, Mayor Bush said, "I think he [Mr. Montgomery] needs to work with Mr. McLemore and the Attorney to iron out some of these details, and bring them back for the Commission, if the Attorney and Mr. McLemore think they are necessary." Mayor Bush then said, "Does the Commission agree to that - to let Mr. Montgomery work with Mr. McLemore on this - come back ifthere are other issues that need to be resolved." No objections were noted. PUBLIC HEARINGS 403. Attorney Community Development Department - Planning Division And Office Of The City Requests That The City Commission Hold A Public Hearing For First Reading [Ordinance 2004- 49] To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MAYOR BUSH STATED, MOTION BY "COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE 1 /1 (\ /.-, (\(\ " CITY OF WINTER SPRINGS DEVELOPMENT ORDER IN AND BEFORE THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA In re: Eagle Bay Wood Products, Inc., a Florida corporation Timothy and Hope Montgomery (Owners) 203 Cress Run Oviedo, FL 32708 Date: November 22,2004 Agenda Item: Public Hearing Item 402 / On November22, 2004, an application for a General Use Permit was heard before the City Commission of the City of Winter Springs ("City Commission") pursuant to Section 30.112, Seminole County Code, and based on the evidence and testimony presented and being otherwise duly advised of the circumstances surrounding the application, the City Commission hereby finds and orders as follows: FINDINGS OF FACT 1. Eagle Bay Wood Products, Inc., a Florida corporation ("Eagle Bay") filed an application with the City for a general use permit seeking approval for two land uses: (1) Wood component manufacturing and storage, including warehouse, office, showroom and point of sale location; and (2) Boat, R.V. and automobile outside storage. The first use is existing on the Subject property and the second use is a new proposed use. 2. The principal shareholders of Eagle Bay are Timothy and Hope Montgomery. Eagle Bay is a family owned business. 3. The Subject Property was recently purchased by Timothy and Hope Montgomery for purposes of operating Eagle Bay in or around December of 2003. The Subject Property is approximately 1.6 acres. It is also addressed as 203 Cress Run, Oviedo. However, the property is located in the City of Winter Springs, Florida; the parcel identification number is 03-21-31-300- 0040-0000 ("Subject Property"). City of Winter Springs Eagle Bay Development Order Page 1 of7 4. The Subject Property was annexed by the City of Winter Springs, Florida on November 27,2000. 5. Due to a land use disagreement between Seminole County and Winter Springs, the Subject Property still retains a Seminole County Comprehensive Plan future land use and zoning designation. 6. The Seminole County future land use designation is "Rural 3" (1 du/3 acres) and "conservation. " 7. The Seminole County zoning designation is A-3 - Agriculture. l 8. Eagle Bay manufactures solid hardwood cabinet doors and drawers, as well as cabinet doors in thermofoil/RTF. 9. Eagle Bay represented that the business markets their products nationwide for wholesale sales and distribution through a website. 10. Eagle Bay does not permit retail sales or installation on the Subject Property and no retail traffic is currently generated to and from the Subject Property. 11. At the time of the hearing, Eagle Bay employs six (6) employees, including the two (2) principal shareholders. 12. Other than employee vehicular traffic, vehicular traffic to and from the Subject Property is currently limited to one (1) UPS truck and one (1) tractor/trailer truck per day. 13. Prior to locating on the Subj ect Property in December 2003, Eagle Bay occupied an adj acent parcel at 217 Cress Run. 14. On May 24, 2004, Seminole County issued Eagle Bay an occupational license. 15. City administration will not issue a City occupational license unless the City Commission approves Eagle Bay's request for a general permit. 16. Eagle Bay has been operating its business on the Subject Property since it acquired the property in December of2003. 17. Currently, four (4) buildings are constructed and located on the Subject Property: City of Winter Springs Eagle Bay Development Order Page 2 of 7 1972 Steel/Pre Eng. 10,800 SF 1982 Masonry Pilas 1,536 SF 1982 Steel/Pre Eng. 1,230 SF 1991 Steel/Pre Eng. 5,600 SF 18. Prior to Eagle Bay operating at the Subject Property, other light industrial uses were allowed to operate on the Subj ect Property for approximately 10 to 20 years when the property was under Seminole County's jurisdiction, including Mid Florida Motor Sports. Further, prior to the City of Winter Springs' annexation of the Subject Property and other surrounding properties West of DeLeon Street, Seminole County had a history of allowing other light industrial uses in the vicinity ofthe Subject Property. The Montgomerys were aware of this fact when they purchased the Subject Property. 19. Prior to the issuance of this general permit, Eagle Bay did not seek, nor did the City issue, a City permit authorizing Eagle Bay's use of the Subject Property. 20. At the hearing, Seminole County objected to the issuance of this general permit. 21. The City Commission of Winter Springs has not placed a city zoning or future land use designation on the Subject Property since annexation, in part, because of Seminole County's recent concerns about the rural area in the vicinity ofthis Subject Property (aka "Black Hammock"). 22. The County admitted, however, the Subject Property is not located in the "Rural Area" as that term is defined in the Seminole County Home Rule Charter Amendment approved on November 2, 2004. 23. The Subject Property is currently served by a septic tank for sewer and a well for potable water. The City of Winter Springs has the capacity to provide municipal water and sewer. Police, fire and other utilities are also available to the Subject Property. 24. Because the City has not, at this time, imposed a City future land use and zoning designation on the Subj ect Property, the County's future land use and zoning designations currently apply to the Subject Property. See 171.062(2), Florida Statutes (2004). As such, Section 30.112, Seminole County Land Development Code applies to the Subject Property. 25. Pursuant to Section 30.112, Seminole County Land Development Code, light industrial or light commercial uses may be permitted upon a parcel with an A -3 zoning classification. Such uses may be approved by the governing body (in this case, the City Commission of Winter Springs) only after the proposed use is determined to be appropriate based upon findings of fact that the use requested: City of Winter Springs Eagle Bay Development Order Page 3 of7 1. Is consistent with the rural or agricultural uses in the vicinity of the parcel. 2. Is not detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area or neighborhood based upon the historic uses of the properties. . 3. Is not highly intensive in nature. 4. Is compatible with the concept of maintaining the integrity ofthe rural or agricultural characteristics of the area. 5. Does not have an unduly adverse impact upon existing traffic patterns, movements or intensity. 6. Has direct access to a collector or arterial roadway. 7. Has access to an adequate level of public services such as sewer, water, police, fire, schools and related services. 8. Is consistent with the Seminole County Comprehensive Plan. 26. Further, all development orders issued by the City must be consistent with the City's Comprehensive Plan. Section 163.3194(1)(a), Florida Statutes. 27. It is very relevant that Section 30.112 specifically allows light industrial uses to coincide with rural and agricultural uses by law. Furthermore, it is also relevant to the criteria set forth in Section 30.112 that the Subject Property, and the surrounding properties west of DeLeon Street, have had a long history oflight industrial uses while under Seminole County's jurisdiction. In addition, Eagle Bay has operated in the area since 2003. It is, therefore, reasonable to conclude that Eagle Bay's cabinet manufacturing business, and other light industrial uses, have been historically factored into the character of the area and coincided for some time. Accordingly, the City Commission hereby concludes that cabinet manufacturing under the very specific and limited conditions represented by the Montgomerys is consistent with the rural and agricultural in the vicinity ofthe Subj ect Property, compatible with the concept of maintaining the integrity ofthe rural or agricultural characteristics of the area, and is not detrimental to the character of the area or neighborhood or inconsistent with the historical development trends of the area. 28. Under the specific and limited conditions represented by Eagle Bay, Eagle Bay's cabinet manufacturing use is not highly intensive in nature, and does not substantially impact existing traffic patterns, movements, or intensity, due to the light industrial and wholesale nature of the business, limited number of employee (6), and current daily delivery schedules and traffic patterns. 29. The Subject Property has access to adequate levels of service including water, sewer, police, fire, and other utilities. City of Winter Springs Eagle Bay Development Order Page 4 of7 30. The Subject Property has direct access to DeLeon Street, a minor collector road. Specifically, the Seminole County Comprehensive Plan (ll.R) defmes "DeLeon/Florida/V an Arsdale (From SR 419 to CR 426) as a minor collector road system. 31. Eagle Bay's general permit request is consistent with Section 30.112 and the Seminole County Comprehensive Plan, Policy FLU 12.5, which provides that "the reasonable use of property is a use which does not adversely affect the public health, safety, morals, or welfare and is compatible with abutting or proximate properties," and which is "consistent with generally accepted land use planning principles," like Section 30.112. 32. Denial of the general permit request would be inconsistent with Policy FLU 12.5 which provides that "an unfair burden on property owners will occur when property is too stringently regulated in view of the level of regulation necessary to protect the public health, safety, morals, or welfare, in view of consistency with the [comprehensive] plan, in view of compatibility with abutting or proximate land uses, and in view of generally acceptable planning principles." 33. No evidence was presented indicating that Eagle Bay's general permit request is inconsistent with the City's Comprehensive Plan. 34. The Montgomerys represented that ifthis General Permit application authorizing the existing manufacture of solid hardwood cabinet doors and drawers was denied, Eagle Bay's business would be destroyed. No such representation was made regarding the proposed new secondary and expanded use of the Subject Property as a Boat, RV. and automobile outside storage area. CONCLUSIONS OF LAW Based on the findings of fact and conclusions of law referenced herein, and considering the equities presented at the hearing, the City Commission hereby orders as follows: A. Eagle Bay's general permit application request for the new secondary and expanded use of boat, RV and automobile outside storage is hereby denied. B. Eagle Bay's general permit application request for the primary use of wood component manufacturing and storage, including warehouse, office, showroom and point of sale locations is hereby approved subject to the following conditions: (1) The general permit is specifically related to the manufacture of wood cabinets and similar type furniture and is not transferable. Moreover, the principal shareholders, Timothy and Hope Montgomery, shall not transfer controlling interest in Eagle Bay City of Winter Springs Eagle Bay Development Order Page 5 of7 to any person or entity, unless said person is a member of the Montgomery's immediate family including father, mother, brother, sister, uncle, aunt and first cousin or said entity is controlled by a similar family member. If the Montgomerys desire to transfer controlling in Eagle Bay to a non-family member, the proposed new owner must apply to the City Commission for consent under the law applicable at the time of the proposed transfer. (2) The general permit shall expire fifteen (15) years from the effective date ofthis order or at such time Eagle Bay ceases, for any reason, business operations at the subject property for a period of six (6) consecutive months. Upon expiration ofthis permit, Eagle Bay may only continue the use authorized herein upon approval by the City Commission applying the regulations in effect at that time. (3) Should any or all of the four (4) buildings be damaged by an Act of God, fire, civil disorder, vandalism, or other act outside of Eagle Bay's control, Eagle Bay shall have the right to repair the damage in conformance with applicable law, provided Eagle Bay receives the permits required to repair the buildings within six (6) months of the date that the buildings were damaged. C. Under no circumstance shall this development order be considered as precedent setting with respect to the approval of industrial uses on the Subj ect Property and the surrounding property. The approval or denial of any application submitted to the City Commission under the provisions of Section 30.112 of the Seminole County Code shall be made on a case-by-case basis. Further, the decisions made on such applications shall be based on the specific facts and equities at hand until such time that section is repealed or modified by the County Commission to prohibit industrial uses or the City of Winter Springs adopts a City comprehensive plan and zoning designation for the Subject Property and the surrounding properties similarly situated, whichever occurs first. Done and ordered this 22nd day of November, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk City of Winter Springs Eagle Bay Development Order Page 6 of7 Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Eagle Bay Development Order Page 7 of 7 ......................,- ~. . THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese, Esquire Post Office Box 2873 Orlando, Florida 32802-2873 Phone: (407) 425-9566 .... ~ Q.EIIt IF CllOln cam SElUIO.E I:DII1Y BK .......E.89 P6S eeE.5-M71 CLERK9S . ~23J2 IBIIRIlED M/l~J2115 1'134133 PM RBDI)1.. FEES 61... IBIIRIlED IV D lMMs ~ CITY OF WINTER SPRINGS DEVELOPMENT ORDER IN AND BEFORE THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA In re: Eagle Bay Wood Products, Inc., a Florida corporation Timothy and Hope Montgomery (Owners) 203 Cress Run Oviedo, FL 32708 Date: November 22,2004 Agenda Item: Public Hearing Item 402 / On November 22, 2004, an application for a General Use Permit was heard before the City Commission of the City of Winter Springs ("City Commission") pursuant to Section 30.112, Seminole County Code, and based on the evidence and testimony presented and being otherwise duly advised of the circumstances surrounding the application, the City Commission hereby finds and orders as follows: FINDINGS OF FACT 1. Eagle Bay Wood Products, Inc., a Florida corporation ("Eagle Bay") filed an application with the City for a general use permit seeking approval for two land uses: (1) Wood component manufacturing and storage, including warehouse, office, showroom and point of sale location; and (2) Boat, R.V. and automobile outside storage. The first use is existing on the Subject property and the second use is a new proposed use. 2. The principal shareholders of Eagle Bay are Timothy and Hope Montgomery. Eagle Bay is a family owned business. 3. The Subject Property was recently purchased by Timothyand Hope Montgomery for purposes of operating Eagle Bay in or around December of 2003. The Subject Property is approximately 1.6 acres. It is also addressed as 203 Cress Run, Oviedo. However, the property is located in the City of Winter Springs, Florida; the parcel identification number is 03-21-31-300- 0040-0000 ("Subject Property"). City of Winter Springs Eagle Bay Development Order Page 1 of 7 4. The Subject Property was annexed by the City of Winter Springs, Florida on November 27,2000. 5. Due to a land use disagreement between Seminole County and Winter Springs, the Subject Property still retains a Seminole County Comprehensive Plan future land use and zoning designation. 6. The Seminole County future land use designation is "Rural 3" (1 du/3 acres) and "conservation. " 7. The Seminole County zoning designation is A-3 - Agriculture. 8. Eagle Bay manufactures solid hardwood cabinet doors and drawers, as well as cabinet doors in thermofoil/RTF. 9. Eagle Bay represented that the business markets their products nationwide for wholesale sales and distribution through a web site. 10. Eagle Bay does not permit retail sales or installation on the Subject Property and no retail traffic is currently generated to and from the Subject Property. 11. At the time of the hearing, Eagle Bay employs six (6) employees, including the two (2) principal shareholders. 12. Other than employee vehicular traffic, vehicular traffic to and from the Subject Property is currently limited to one (1) UPS truck and one (1) tractor/trailer truck per day. 13. Prior to locating on the Subject Property in December 2003, Eagle Bay occupied an adjacent parcel at 217 Cress Run. 14. On May 24,2004, Seminole County issued Eagle Bay an occupational license. 15. City administration will not issue a City occupational license unless the City Commission approves Eagle Bay's request for a general permit. 16. Eagle Bay has been operating its business on the Subject Property since it acquired the property in December of2003. 17. Currently, four (4) buildings are constructed and located on the Subject Property: City of Winter Springs Eagle Bay Development Order Page 2 of 7 1972 Steel/Pre Eng. 10,800 SF 1982 Masonry Pilas 1,536 SF 1982 Steel/Pre Eng. 1,230 SF 1991 Steel/Pre Eng. 5,600 SF 18. Prior to Eagle Bay operating at the Subject Property, other light industrial uses were allowed to operate on the Subject Property for approximately 10 to 20 years when the property was under Seminole County's jurisdiction, including Mid Florida Motor Sports. Further, prior to the City of Winter Springs' annexation of the Subject Property and other surrounding properties West of DeLeon Street, Seminole County had a history of allowing other light industrial uses in the vicinity ofthe Subject Property. The Montgomerys were aware ofthis fact when they purchased the Subject Property. 19. Prior to the issuance ofthis general permit, Eagle Bay did not seek, nor did the City issue, a City permit authorizing Eagle Bay's use of the Subject Property. 20. At the hearing, Seminole County objected to the issuance of this general permit. 21. The City Commission of Winter Springs has not placed a city zoning or future land use designation on the Subject Property since annexation, in part, because of Seminole County's recent concerns about the rural area in the vicinity ofthis Subject Property (aka "Black Hammock"). 22. The County admitted, however, the Subject Property is not located in the "Rural Area" as that term is defined in the Seminole County Home Rule Charter Amendment approved on November 2, 2004. 23. The Subject Property is currently served by a septic tank for sewer and a well for potable water. The City of Winter Springs has the capacity to provide municipal water and sewer. Police, fire and other utilities are also available to the Subject Property. 24. Because the City has not, at this time, imposed a City future land use and zoning designation on the Subject Property, the County's future land use and zoning designations currently apply to the Subject Property. See 171.062(2), Florida Statutes (2004). As such, Section 30.112, Seminole County Land Development Code applies to the Subject Property. 25. Pursuant to Section 30.112, Seminole County Land Development Code, light industrial or light commercial uses may be permitted upon a parcel with an A-3 zoning classification. Such uses may be approved by the governing body (in this case, the City Commission of Winter Springs) only after the proposed use is determined to be appropriate based upon findings of fact that the use requested: City of Winter Springs Eagle Bay Development Order Page 3 of7 1. Is consistent with the rural or agricultural uses in the vicinity of the parcel. 2. Is not detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area or neighborhood based upon the historic uses of the properties. 3. Is not highly intensive in nature. 4. Is compatible with the concept of maintaining the integrity ofthe rural or agricultural characteristics of the area. 5. Does not have an unduly adverse impact upon existing traffic patterns, movements or intensity. 6. Has direct access to a collector or arterial roadway. 7. Has access to an adequate level of public services such as sewer, water, police, fire, schools and related services. 8. Is consistent with the Seminole County Comprehensive Plan. 26. Further, all development orders issued by the City must be consistent with the City's Comprehensive Plan. Section 163.3194(1)(a), Florida Statutes. 27. It is very relevant that Section 30.112 specifically allows light industrial uses to coincide with rural and agricultural uses by law. Furthermore, it is also relevant to the criteria set forth in Section 30.112 that the Subject Property, and the surrounding properties west of DeLeon Street, have had a long history of light industrial uses while under Seminole County's jurisdiction. In addition, Eagle Bay has operated in the area since 2003. It is, therefore, reasonable to conclude that Eagle Bay's cabinet manufacturing business, and other light industrial uses, have been historically factored into the character of the area and coincided for some time. Accordingly, the City Commission hereby concludes that cabinet manufacturing under the very specific and limited conditions represented by the Montgomerys is consistent with the rural and agricultural in the vicinity of the Subject Property, compatible with the concept of maintaining the integrity ofthe rural or agricultural characteristics of the area, and is not detrimental to the character of the area or neighborhood or inconsistent with the historical development trends of the area. 28. Under the specific and limited conditions represented by Eagle Bay, Eagle Bay's cabinet manufacturing use is not highly intensive in nature, and does not substantially impact existing traffic patterns, movements, or intensity, due to the light industrial and wholesale nature of the business, limited number of employee (6), and current daily delivery schedules and traffic patterns. 29. The Subj ect Property has access to adequate levels of service including water, sewer, police, fire, and other utilities. City of Winter Springs Eagle Bay Development Order Page 4 of7 A. 30. The Subject Property has direct access to DeLeon Street, a minor collector road. Specifically, the Seminole County Comprehensive Plan (11.R) defines "DeLeonIFlorida/V an Arsdale (From SR 419 to CR 426) as a minor collector road system. 31. Eagle Bay's general permit request is consistent with Section 30.112 and the Seminole County Comprehensive Plan, Policy FLU 12.5, which provides that "the reasonable use of property is a use which does not adversely affect the public health, safety, morals, or welfare and is compatible with abutting or proximate properties," and which is "consistent with generally accepted land use planning principles," like Section 30.112. 32. Denial of the general permit request would be inconsistent with Policy FLU 12.5 which provides that "an unfair burden on property owners will occur when property is too stringently regulated in view ofthe level of regulation necessary to protect the public health, safety, morals, or welfare, in view of consistency with the [comprehensive] plan, in view of compatibility with abutting or proximate land uses, and in view of generally acceptable planning principles." 33. No evidence was presented indicating that Eagle Bay's general permit request is inconsistent with the City's Comprehensive Plan. 34. The Montgomerys represented that if this General Permit application authorizing the existing manufacture of solid hardwood cabinet doors and drawers was denied, Eagle Bay's business would be destroyed. No such representation was made regarding the proposed new secondary and expanded use ofthe Subject Property as a Boat, R.V. and automobile outside storage area. CONCLUSIONS OF LAW Based on the findings of fact and conclusions oflaw referenced herein, and considering the equities presented at the hearing, the City Commission hereby orders as follows: A. Eagle Bay's general permit application request for the new secondary and expanded use of boat, RV and automobile outside storage is hereby denied. B. Eagle Bay's general permit application request for the primary use of wood component manufacturing and storage, including warehouse, office, showroom and point of sale locations is hereby approved subject to the following conditions: (1) The general permit is specifically related to the manufacture of wood cabinets and similar type furniture and is not transferable. Moreover, the principal shareholders, Timothy and Hope Montgomery, shall not transfer controlling interest in Eagle Bay City of Winter Springs Eagle Bay Development Order Page 5 of 7 to any person or entity, unless said person is a member of the Montgomery's immediate family including father, mother, brother, sister, uncle, aunt and first cousin or said entity is controlled by a similar family member. If the Montgomerys desire to transfer controlling interest in Eagle Bay to a non-family member, the proposed new owner must apply to the City Commission for consent under the law applicable at the time of the proposed transfer. Consent will not be unreasonably withheld provided Eagle Bay is in compliance with, and the transferee agrees in writing to, the terms and conditions of this order. (2) The general permit shall expire fifteen (15) years from the effective date ofthis order or at such time Eagle Bay ceases, for any reason, business operations at the subject property for a period of six (6) consecutive months. Upon expiration ofthis permit, Eagle Bay may only continue the use authorized herein upon approval by the City Commission applying the regulations in effect at that time. (3) Should any or all ofthe four (4) buildings be damaged by an Act of God, fire, civil disorder, vandalism, or other act outside of Eagle Bay's control, Eagle Bay shall have the right to repair the damage in conformance with applicable law, provided Eagle Bay receives the permits required to repair the buildings within six (6) months of the date that the buildings were damaged. C. Under no circumstance shall this development order be considered as precedent setting with respect to the approval of industrial uses on the Subj ect Property and the surrounding property. The approval or denial of any application submitted to the City Commission under the provisions of Section 30.112 ofthe Seminole County Code shall be made on a case-by-case basis. Further, the decisions made on such applications shall be based on the specific facts and equities at hand until such time that section is repealed or modified by the County Commission to prohibit industrial uses or the City of Winter Springs adopts a City comprehensive plan and zoning designation for the Subject Property and the surrounding properties similarly situated, whichever occurs first. Done and ordered this 22nd day of November, 2004. [Signature Page to Follow] City of Winter Springs Eagle Bay Development Order Page 6 of7 .~ ' ~ - k ~ ~ ; i CITY OF WINTER SPI~I~FO~; FLORIDA ~~• Y~~ i ~ ~ i N F. BUSH,1VI~i~o~ ~.~~'' ~,, • ~~ ~ . ATTEST: ~'~ .' `"~ iV ~ ~'~ NDREA LORENZO-LUAC S, City Cler Approv to legal form and sufficiency for the of inter Springs only: ANTHON . GARGANESE, City Attorney ~, City of Winter Springs Eagle Bay Development Order Page 7 of 7 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. A~o~ ys dt ~~ Usher L. Brown' Jeffrey P. Buak" Suzanne D'Agresta" Anthony A. Garganese" Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK April 21, 2005 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Eagle Bay Development Order Dear Andrea: Debra S. Babb-Nutcher" Joseph E. Blitch Victoria L. Cecil Amy J. Goddard Katherine Latorre Erin J. O'Leary J. W. Taylor Of Counsel Enclosed please find the original recorded City of Winter Springs /Eagle Bay Development Order. This original is being provided to your office for safekeeping. Should you have any questions, please do not hesitate to contact me. AAG/Img Enclosure Offices in Orlando, Kissimmee, Cocoa &Viera ~~ C l~ a'il' ~ l!! a~a z z z~o5 Ve ul yours, Anthony Garganese City Attorney 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa &Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net