HomeMy WebLinkAbout2004 11 22 Public Hearings 402
CITY COMMISSION AGENDA
ITEM 402
Corisent
Informational
Public Hearing X
Regular
November 22, 2004
Meeting
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MGR. J IDEPT
Authorization
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REQUEST:
The Community Development Department - Planning Division requests that the City
Commission hold a Public Hearing to consider the applicant's request for a General Permit for
Eagle Bay Wood Products (a light industrial use) under the property's current 'A-3' zoning.
PURPOSE:
The purpose of this Agenda Item is a request to consider granting a General Permit to allow Light
Industrial use (Eagle Bay Wood Products) at 203 Cress Run. This item was originally scheduled
to be heard on Sept. 2, 2004, but was postponed based on a request from Seminole County for a
continuance. On September 24,2004, City Staff met with April Boswell, Seminole County Sr.
Planner, to discuss the County's concerns regarding Staff analysis provided in the Sept. 2, 2004
BOA Agenda Item. County Staff disagrees with some of the findings. Comments have been
included to reflect this discussion.
The applicant is requesting the following uses at the subject site:
· Primary Use: Wood component manufacturing and storage including war~use, office,
showroom, and point of sale location;
· Secondary Use: Boat, RV and automobile outside storage.
Noticing ran in the Orlando Sentinel on Thursday, October 14,2004 regarding this public hearing.
Signage was also posted at the property.
APPLICABLE LAW AND PUBLIC POLICY:
SEMINOLE COUNTY VISION 20/20 COMPREHENSIVE PLAN
Policy FLUE 11.1 of the Seminole County Comprehensive Plan indicates that "the County shall
continue to enforce Land Development Code provisions and land use strategies that recognize(s)
East Seminole County as an area with specific rural character rather than an area anticipated to be
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PUBLIC HEARING ITEM 402
urbanized. It shall be the policy of the County that rural areas require approaches to land use
intensities and densities, rural roadway corridor protection, the provision of services and
facilities, environmental protection and Land Development Code enforcement consistent with the
rural character of such areas,"
Policy FLUE 11.8 includes an overlay corridor district.
Policy FLUE 12.5 indicates 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 is otherwise a use that is consistent with generally accepted land use planning
principles.
Policy FLU 12.5 further states 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 this Plan, in view of
compatibility with abutting or proximate land uses, and in view of generally acceptable planning
principles."
SEMINOLE COUNTY LAND DEVELOPMENT CODE
Section 30.102. Permitted uses. (see Attachment A)
Section 30.112. Uses by qeneral permit (see Attachment A)
Section 30.1348. Nonconforminq uses.
CITY OF WINTER SPRINGS COMPREHENSIVE PLAN
Policy FLUE 1.1.1. Inconsistencies.
Policy FLUE 1.7.1. Land Use to consider existing and proposed land uses in adjacent jurisdictions.
Policy IGE 1.4.1. Coordination in planning efforts with Seminole County and adjacent cities.
CITY OF WINTER SPRINGS CODE OF ORDINANCES
Article VI. Site plan review.
Section 9-346. Prohibitions.
Section 9-347. Duties.
Section 9-348. Appeals.
Section 9-349. Penalty for violation.
Article XI. Nonconformities.
Section 9-561. Intent: rules of interpretation: buildinq and fire codes; definitions.
Section 9-562. Continuance of lawful nonconforminq uses and structures.
Section 9-565. Abandonment.
Chapter 10- Licenses and Business Requlations
Section 10-26. Required.
Section 10-32. Delinquincy penalty established.
CHRONOLOGY:
July 29, 2004- Application Received
Aug. 14,2004- Noticing in the Orlando Sentinel
Sept. 02, 2004- Consideration by BOA Postponed (based on request from Seminole County for
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PUBLIC HEARING ITEM 402
a continuance)
Oct. 14, 2004- Noticing in the Orlando Sentinel
Nov. 02, 2004- BOA recommended approval
Nov. 22, 2004- City Commission Public Hearing
BACKGROUND:
Business:
Owners:
Current Location:
Proposed Location:
Acreage:
Parcel #:
Future Land Use
Zoning
Eagle Bay Wood Products (light manufacturing of wood components)
Timothy and Hope Montgomery
203 Cress Run
203 Cress Run
1. 6 acres
03-21-31-300-0040-0000
Rural 3 (Seminole County)
A-3 Agriculture (Seminole County)
Land use is regulated by the zoning that is in place for a property. This parcel, although annexed
into the City of Winter Springs on November 27,2000, still retains a Seminole County Zoning
classification of'A-3' and a Seminole County 'Rural-3' (1 du/3 acres) / 'Conservation' Future
Land Use designation. The' A-3' classification allows for agriculture and agricultural-related
uses (see Attachment A). The property was rezoned from 'A-5' to 'A-3' classification as an
administrative action by the County in 1995.
Because the site does not have a City of Winter Springs FLU or Zoning designation, the City is
required to review any proposed use of the site and buildings pursuant to the Seminole County
'A-3' Zoning regulations until such time as a City of Winter Springs FLU and Zoning is adopted.
Seminole County Code Section 30.112 allows the granting of a General Permit upon parcels with
an 'A-3' Zoning classification if determined that the use is appropriate based upon eight criteria.
Since the property is located within the City of Winter Springs, the City will be the jurisdictional
body determining whether the application's request can be granted, not Seminole County. If
granted, the General Pennit will stay remain in effect as long as the granted use (manufacturing
of wood components) remains at this location, even if the property is sold or rezoned.
Eagle Bay Wood Products
Eagle Bay Wood Products manufacturers solid hardwood cabinet doors and drawers as well as
cabinet doors in thermofoil / RTF. Their product is marketed nationwide for wholesales sales
and distribution through a web-site. Eagle Bay Wood Products does not include retail sales or
installation, and no retail traffic is currently generated. Currently, Eagle Bay employs six (6)
employees including the two owners. Traffic is limited to shipment of product via one (1) UPS
truck and one (1) tractor/trailer truck per day.
Eagle Bay Wood Products was previously located on the adjacent parcel at 217 Cress Run in
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PUBLIC HEARING ITEM 402
leased space from Donald E. Weaver for approximately 2-1/2 years before purchasing the subj ect
property at 203 Cress Run in December 2003. The City Fire Marshall has inspected the
buildings and determined that they satisfy fire safety considerations.
Eagle Bay Wood Products obtained a County issued Occupational License on May 24,2004,
which will expire on September 30, 2004. The City will not issue a license unless one of the
following is granted:
1- General Permit (Seminole County Land Development Code, Section 30.112);
2- Non-Conforming Use (City of Winter Springs Code of Ordinances, Article XI. Nonconformities. Sections
9-561-568); or
3- Comprehensive Plan Amendment changing the FLU from Seminole County 'Rural-3' to
City of Winter Springs 'Industrial' and Rezoning changing the Zoning from Seminole County
'A-3' to City of Winter Springs '1-1' Light Industrial. '1-1' Light Industrial is the only City
Zoning classification that currently allows woodworking at the scale of operation currently in
place at the site.
Tim and Hope Montgomery have proceeded with application for the General Permit at the
urging of the City.
The General Permit may be approved only after the proposed use (light manufacturing of wood
components) is determined to be appropriate based upon findings of fact relating to eight (8)
criteria (Seminole County Land Development Code, Section 30.112).
Previous Use of the Site
1972-1991
Four (4) buildings constructed/located on the parcel:
1972 Steel/PreEng 10,800 SF Bldg
1982 Masonry Pilas 1,536 SF Bldg
1982 Steel/PreEng 1,230 SF Bldg
1991 Steel/PreEng 5,600 SF Bldg
Mid Florida Motor Sports established at this location.
Mid Florida Motor Sports and Global Contacts considered as non-conforming uses and are
approved to remain on the subject parcel (letter to Donald E. Weaver from John Dwyer,
Seminole County Planner).
1991-
Oct. 30, 1996-
Aug. 22, 2000- Application by Donald E. Weaver for Annexation. The application included a list of
occupations and trades being performed on the properties. List did not include
woodworking or light manufacturing of wood components. Business names/locations
were not identified. Note: The uses were never determined to be non-conforming uses
although it was the applicant's desire to continue these "exceptions to zoning until such
time as residentiaVcommercial can be obtained from Winter Springs."
Nov. 27, 2000- Annexation of subject parcel by Ordinance 2000-40. The subject parcel was one offour
parcels owned at that time by Donald Weaver.
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PUBLIC HEARING ITEM 402
Mar. 2001-
2001-
Dec. 2003-
Subject parcel sold by Donald Weaver to Gary Adair, owner of Mid Florida Motor Sports.
Eagle Bay Wood Products locates at 217 Cress Run in leased space from Donald Weaver.
Subject parcel sold by Gary Adair to Timothy and Hope Montgomery. Warranty Deed
stated that the property is subject to "all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authorities, if any"...
Seminole County Greeneway/SR 434 Small Area Study & UrbanIRural Boundary
The subject parcel was included in the Seminole County Greeneway/SR 434 Small Area Study
and Urban/Rural Boundary completed in 1994 by Seminole County. The Study resulted from
encouragement by the State Department of Community Affairs and from opposition to the plans
for Battleridge. The purpose of the Study was "to establish a boundary for urban development in
this area... to prevent erosion of the rural character of the area." According to the Study, the
boundaries of the rural area were recommended to follow Deleon Street to the West and along a
line midway between Florida Avenue and Artesia (p.21-22), as graphically illustrated in the
Study (p. 27). Participants in the Study included the cities of Winter Springs and Oviedo and all
property owners in the designated Study area.
The Black Hammock Area was identified as the core of the existing rural community. This area
has historically been an agricultural community with a growing rural residential neighborhood
base. Crucial to the rural core was the identification of rural entrances to the core.
The Study included the subject parcel, which was identified as part of Sub Area #2. Sub Area #2
incorporated all properties north of S.R. 434 and between the Greeneway and Deleon Street.
The resulting community consensus identified in the Study for Sub Area #2 was to continue the
existing non-conforming agricultural uses with similar uses or with low intensity commercial
uses along Deleon Street. According to the Study, arriving at consensus revealed a great
diversity of opinion regarding the desires of the community. The Study states, "It is the opinion
of staff that although this land is predominantly vacant today, it is located within the future
UrbanlRural Boundary."
During the following year (1995), a Comprehensive Plan amendment revised the UrbanlRural
Boundary in 1995 from Deleon to the eastern edge of Battle Ridge (now known as Barrington
Estates).
County East Rural Area
Although the UrbanlRural Boundary shown in the Small Area Study followed Deleon Street,
subsequent action by the County moved the Boundary to the west in 1995. Therefore, the subject
parcel is located within the County's East Rural Area. The County understood the Boundary to
be a tool of controlling Winter Springs' and Oviedo's urban expansion. However, in November
2000, the City of Winter Springs annexed the subject property along with the adjacent Carroll,
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Minter and Weaver properties. Annexation was challenged by Seminole County (and Oviedo)
and resulted in litigation. Although the Court ruled in favor of Winter Springs, the UrbanlRural
Boundary has not been amended by Seminole County and remains at the east property line of
Barrington Estates. Note: As part of the Nov. 2,2204 County referendum, the Boundary is
identified as the "Rural Boundary" and moves it to follow Winter Springs' current eastern city
limits.
Non-Conforming Uses/Structures
In order for a business to be considered Non-Conforming, the business needs to document that
they were at one time permitted (conforming) under previous zoning regulations. The burden of
proof remains with the business or property owner and not with the City. The only businesses
that received approval as non-conforming were Mid-Florida Motorsports and Global Contacts.
However, neither of these businesses remain on the propeliy. Although a list of uses was
provided at the time of Annexation, no records indicate that uses were determined to be eligible
non-conforming uses. Additionally, business names and locations were not identified. (City
Commission Meeting Minutes, November 13, 2004 and November 28,2004.)
The' A-3' zoning classification allows for agriculture and agricultural-related uses (see
Attachment A, Seminole County Land Development Code, Section 30.102. Permitted Uses.).
CONSIDERATIONS:
Approximately, six (6) months prior to purchasing the property, Tim Montgomery inquired of
both the City and the County regarding the property's Zoning but was unable to get any clear
answers due to the litigation that was still being resolved. Having knowledge that light industrial
uses had operated at the property for the past 10-20 years, Mr. Montgomery proceeded with
purchase of the land. Mr. Montogomery assumed that the light industrial uses which occurred
previously on this parcel substantiated continued use of the land in light industrial use.
The General Pern1it may be approved only after the proposed use is determined to be appropriate
based upon findings of fact related to the following eight criteria (Taken from Seminole County Land
Develooment Code Section 30.112):
1- The use is consistent with the rural or agricultural uses in the vicinity of the parcel. Adjacent
rural and agricultural uses have coincided with the light industrial use of this property since the
construction ofthe first building in 1972. Of the four (4) buildings currently on the site, the most
recent was completed in 1991.
The Seminole County Comprehensive Plan indicates (relating to existing conditions) that "for the
purposes of the lands within the Rural Area (including Rural-3 land use designations) structures
existing as of the adoption date of the 1991 Comprehensive Plan shall be permitted to... be
otherwise improved as long as the... intensity of nome sid entia 1 property is not increased and/or
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the land use remains consistent with those regulations in effect as ofthe adoption date ofthe
1991 Comprehensive Plan", based on the findings that "these lots and parcels are a generally
accepted development pattern by residents of the East Area of Seminole County and that the
grandfathering of these certain lots and parcels will not adversely affect the overall intent and
objectives of the Rural Area Plan."
During the early to mid-90s, Seminole County implemented new zoning and comprehensive plan
amendments to address urban sprawl and the protection of the rural character of the Black
Hammock Area. This included the establishment of the Urban Service Boundary and the County
East Rural Area. As a result of these changes, property owner, Donald Weaver sent a letter to the
County planning department, requesting non-conforming status for light industrial use tenants
located on the subject parcel. In a letter from John Dwyer (Seminole County Planner) to Mr.
Weaver, two businesses were granted non-conforming status and permitted to remain. These
were Mid-Florida Motorsports and Global Contacts. Neither of these businesses remain on the
property today.
2- The use is not detrimental to the character of the area or neighborhood. The previous users
(Mid Florida Motor Sports) had junk cars stored around the site, visible from Deleon Street.
Also, more on-site traffic was generated. The current reduction in on-site traffic by Eagle Bay
Wood Products has resulted in less traffic impact to Deleon and Cress Run as well.
The use is consistent with the trends of development in the area or neighborhood based upon the
historic uses of the properties. The use of the site for light manufacturing is consistent with the
historic use of the property as documented in the 1996 letter authorizing the continuance of the
light industrial uses on the subject parcel. Agricultural and non-agricultural uses have occupied
this site and buildings since 1972, when the first building was constructed.
The subject parcel was included in the Small Area Study prepared in November 1994 by
Seminole County. The community consensus as documented in this Study indicated that the
existing non-agricultural uses/light industrial uses along Deleon (referring to the subject parcel)
should be permitted to remain.
3- The use is not highly intensive in nature. The use of the site for light manufacturing of wood
components is not highly intensive. All of the manufacturing operations are maintained within
permanent buildings. Although the Applicant is requesting outside storage ofRVs, boats and
automobiles, this use is independent of the manufacturing operations and should be not be
granted until site planning/engineering issues have been resolved (such as on-site traffic
circulation and parking, storm water management, protection of 100-year floodplain, and buffer to
residential property to the south).
4- The use is compatible with the concept of maintaining the integrity of the rural or agricultural
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PUBLIC HEARlNG ITEM 402
characteristics ofthe area. Policy FLU 11.8 of the Seminole County Comprehensive Plan
includes an overlay corridor district along certain roads in the County East Rural Area as a
means to restrict activity within 50-100 feet of certain roadways in order to protect and reinforce
the rural character of the area so that development along these roadway corridors improves or
protects the visual character of the corridor. However, Deleon Street has not been included nor
restricted by this overlay district, and therefore has not been considered as critical in maintaining
the integrity ofthe County East Rural Area, This may be due in part to the existence of light
industrial uses at this location prior to the adoption of the current Seminole County Vision 20120
Comprehensive Plan.
5- The use (or uses) will not have an unduly adverse impact upon existing traffic patterns,
movements or intensity. The site has dual access off of Deleon and Cress Run. A creek runs
adjacent to the site along the west side of Deleon, so both access points are bridged over the
creek. Emergency vehicle access is currently from Cress Run due to deterioration of one of the
bridges. Traffic is currently generated only from the six employees (including the two owners)
and from shipment of product via one daily UPS delivery and one daily tractor/trailer shipment.
6- The use (or uses) will have direct access to a collector or arterial roadway. The subject parcel
although addressed off of Cress Run has direct access to Deleon which is considered a County
minor collector street as it runs from SR 419 north along Deleon to Florida Avenue then east to
Vans Arsdale then south to CR 426.) The subject property is 400' directly north of the
Deleon/Florida intersection.
7- The use (or uses) will have an adequate level of public services such as sewer, water, police,
fire, schools and related services. The site is currently serviced by a septic tank for sewer and a
well for potable water. The City has capacity to service the property with water and sewer
however, connecting with these services is not feasible until such time as the line is extended
across the Weaver property. The City of Winter Springs has an Inter-Local Agreement with
adjacent cities relating to first respondent services for life-safety issues.
8- The use (or uses) is consistent with the obiectives and policies of the both the Citv of Winter
Springs Comprehensive Plan and the Seminole County Comprehensive Plan.
Seminole County Comprehensive Plan
Policy FLU 12.5 indicates 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 is otherwise a use that is consistent with generally accepted land use planning
principles. The Policy further states 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 this Plan, in view of
compatibility with abutting or proximate land uses, and in view of generally acceptable planning
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PUBLIC HEARING ITEM 402
principles."
Mr. Austin Lindsey who resides on the adjacent property immediately to the south of the subject
parcel indicates that he is not opposed to the use of the site for manufacturing of wood
components. He indicated that when he purchased his site in 2002, he did so knowing that this
use was already there.
City of Winter Springs Comprehensive Plan
Policy FLUE 1.1,1: Inconsistencies. Proposed land use amendments which are inconsistent with the
character of the community or inconsistent with adjacent future land uses shall not be approved by the
City. (It has been determined that the use is not inconsistent.)
Policy FLUE 1.7.1: When reviewing land use amendments, the City shall consider the existing and
proposed land uses in any jurisdictions that are adjacent to the proposed amendment.
Policy IGE 1.4.1: The City shall continue coordination in planning efforts with Seminole County and
adjacent cities through the sharing of relevant planning data and analysis, notification of development
occurring within the City, and review of the impacts, including land use compatibility and impacts on
city levels of service standards, of proposed development on adjacent local governments during the
City's development review procedures.
FINDINGS:
· The request is consistent with applicable goals, objectives and policies ofthe City of Winter
Springs Comprehensive Plan.
· The request is consistent with applicable goals, objectives and policies of the Seminole
County Vision 20/20 Comprehensive Plan related to future land use.
· The request is in conformance with the purpose and intent of the City Code.
· The request is in conformance with the purpose and intent of the eight criteria listed in
Section 30.112 of the Seminole County Land Development Code, as interpreted by City Staff.
Seminole County has indicated that they have never issued any General Permits, so no
precedent has been set by the County related to practical application of the eight criteria.
· Considering the historical use of the property and the type and location of uses involved
and the general character of the area, the granting of the General Permit will not result in
any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic,
noise, drainage, dust, lighting, appearance, and other factors deemed important.
· The Approval of the General Permit in no way implies that the Applicant is exempt from
other regulations and codes relating to the site. These issues will be addressed during Site
Plan and Final Engineering review, and will need to be resolved prior to the City issuing
an Occupancy Permit. Included (but not limited to these) are: stormwater management,
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protection of the 100-year flood plain and stabilization of the stream bank, upgrades to
the bridge accessing the site, on-site traffic circulation and parking, dumpster enclosure,
buffering of the adjacent single family residence to the south and impact fees.
BOARD OF ADJUSTMENT RECOMMENDATION:
At a regular meeting of the Board of Adjustment Meeting on November 4, 2004, the Board held
a Public Hearing and recommended "Approval" (by a vote of 4-1) to the City Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing and Approve the General
Permit for Light Manufacturing by Eagle Bay Wood Products based on the findings stated herein
including the eight criteria listed in Section 30.112 of the Seminole County Land Development Code.
ATTACHMENTS:
A- SEMINOLE COUNTY LAND DEVELOPMENT CODE
Section 30.102, Permitted uses. and
Section 30.112. Uses by general permit.
B- SEMINOLE COUNTY VISION 20120 COMPREHENSNE PLAN
Rural Land Use Designation
C- SITE LOCATION MAP, LEGAL DESCRIPTION, AND AERIAL MAP 1999
D- T ABLE INSET Listing Minor Collector Roadways from Seminole County Land
Development Code
E- CORRESPONDENCE to Seminole County related to the General Permit.
F- Exerpt of Draft Unapproved Minutes from November 4,2004
COMMISSION ACTION:
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PUBLIC HEARING ITEM 402
ATTACHMENT A
SEMINOLE COUNTY LAND DEVELOPMENT CODE
Section 30.101. Description of districts; Section 30.102. Permitted Uses &
Section 30.112. Uses bv General Permit.
Section 30.101. Description of districts.
The lands included in the A-la, A-5 and A-3 Rural Districts are generally located in the rural area of the
County where urban services are minimal or nonexistent. While these lands may be currently in
agricultural use, when developed, they are devoted to rural residential living. Depending upon the land use
designation assigned to a parcel by the 1991 Seminole County Comprehensive Plan, the minimum lot sizes
shall be either three (3) acres, five (5) acres or ten (10) acres unless otherwise permitted in the provisions
of this part relating to clustering. The properties that are assigned these zoning classifications are the
respective properties assigned the Rural 10, Rural 5 and Rural 3 land use designations and these zoning
classification assignments are accomplished consistent with and in order to implement the provisions of the
Seminole County Comprehensive Plan.
Section 30.102. Permitted Uses.
Within any property assigned the A-I 0, A-5 or A-3 Rural Zoning Classifications, no building, structure,
land or water shall be developed, except for the following uses:
(a) Single-family residences and uses accessory thereto, including one (1) guesthouse or cottage,
boat docks and boathouses.
(b) Home occupations and home offices.
(c) Groves and farms for the cultivation and propagation of citrus, vegetables, fruits, berries, nuts,
grass sod and trees.
(d) Pastures and grasslands for the cultivation and propagation oflivestock and the keeping of
ponies or horses for the immediate use of the occupant and their guests excluding, however, the
commercial raising of swine.
(e) Plant nurseries and green houses not involved with retail sales to the general public.
(f) Poultry production.
(g) Dairy farms.
(h) Fish hatcheries and bait production.
(i) Stables, barns, sheds, silos, granaries, windmills and related agricultural structures.
(j) Roadside stands for the sale of fruits, vegetables and similar products produced on the premises,
provided such stand is placed no closer than twenty-five feet (25') to a property line.
(k) Public and private elementary schools.
(I) Landscaping contractors as an accessory use to a wholesale nursery or wholesale tree farm.
(Part XXIV, 9 2, Ord. No. 92-5, 3-30-92; 9 13, Ord, No. 94-15, 12-13-94; Ord, No. 97- 18, 9 22, 5-13-97; Ord. No. 98-13, 9 18,
3-10-98; Ord. No. 00- 13, 9 4, 2-22-00).
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PUBLIC HEARING ITEM 402
Seminole County Land Development Code Section 30.112. Uses bv l!eneral permit.
(a) Pursuant to the procedures set forth in this section, the Planning Manager or the Board of County
Commissioners may permit light commercial and light industrial uses upon parcels assigned the A-3,
A-5 and A-IO zoning classifications.
(b) Applications proposing a light commercial or light industrial use upon parcels assigned the A-3, A-5
or A-I 0 zoning classifications shall be submitted to the Planning Manager. Such proposed uses may be
approved only after the proposed use is determined to be appropriate based upon findings of fact that
the use requested:
(1) Is consistent with the rural or agricultural uses in the vicinity of the parcel.
(2) Is not detrimental to the character ofthe 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 of the 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
(c) Upon a determination that a proposed use is appropriate for the subject property, the Planning
Manager shall cause a "Notice of Intent to Grant a General Use Permit" to be published in a newspaper
of general circulation. The Notice shall, at a minimum, state the address of the property and the
proposed light commercial or light industrial use. The Notice shall further state that any person
objecting to the granting of the permit must file a notice of objection with the Planning Division within
thirty (30) days of the publication.
(d) Upon a determination that a proposed use is not appropriate for the subject property, the applicant may
appeal said decision to the Board of County Commissioners by filing a notice of appeal with the
Planning Division within thirty (30) days of the rendering of the decision. The Planning Division shall
schedule the appeal before the Board. The Board may approve the permit request, deny the permit
request or approve the permit request subject to such restrictions and conditions deemed necessary to
protect the character of the area or neighborhood and the public health, safety and welfare.
(e) If the Planning Division receives no objections, then the Planning Manager shall grant the permit
allowing the proposed light commercial or light industrial use.
(f) In granting any light commercial or light industrial use, such restrictions and conditions may be
placed on the approval as shall be deemed necessary to protect the character of the area or
neighborhood and the public health, safety and welfare. A proposed master plan of development shall
be submitted at the time of application and approval shall be based upon and limited to the extent of
said master plan.
(g) If the Planning Division receives an objection to the granting of the permit, then the Planning Manager
shall schedule a public hearing before the Board to consider the permit. The Board may approve the
permit request, deny the permit request or approve the permit request subject to such restrictions and
conditions deemed necessary to protect the character of the area or neighborhood and the public health,
safety and welfare. In the absence of the Planning Manager, the Planning and Development Director
may issue permits pursuant to this section.
(Ord, No. 00-13, 9 66, 2-22-00; Ord. No. 02-53, 9 1, 12-10-02).
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ATTACHMENT B
SEMINOLE COUNTY VISION 20/20 COMPREHENSIVE PLAN
Rural Land Use Desh!nation
The County has established three (3) similar, yet very distinct, future land use designations assigned to the
Rural Area of Seminole County. These are: Rural-3, Rural-5, and Rural-IO. Creation of these land use
designations will assist the County in implementing its overall Plan strategies to maintain the rural
character and lifestyle of certain areas in the County and promote the protection of agricultural uses and the
environment. The land use designations derive from and are primarily based upon the "1991 East Seminole
County Rural Area Plan"... (Note- The subject parcel was included in the Small Area Study prepared in
November 1994 by Seminole County. The community consensus as documented in this Study indicated
that the existing non-agricultural uses/light industrial uses along Deleon (referring to this site) should be
permitted to remain.)
RURAL-3 The Rural-3 Future Land Use Designation allows rural residential development at densities
equal to or less than one (1) dwelling unit per three (3) net buildable acres, agricultural and attendant uses.
This land use is established to allow residential development on large lots and accommodate the
continuation of agricultural pursuits to:
A Maintain the rural character of the area by developing at a very low intensity, by encouraging large
areas to be left in a natural or open state, by reducing road congestion and the need for commercial
services, urban public services and other uses beyond the needs of a rural community;
B Permit horses and other livestock on large residential lots;
C Minimize conflicts with agricultural operations (e.g., traffic congestion, noise, odor and visual
conflicts); and
D Minimize planned and programmed expenditures for public facilities (e.g., roadway
improvements, schools, fire and law enforcement protection, etc.).
USES The Rural-3 Future Land Use Designation permits the following uses:
A Rural residential development at a density equal to or less than one (1) dwelling unit per three (3)
net buildable acres;
B Publicly and privately owned parks and recreation facilities;
C Churches, country clubs (over 10 acres in size) and home occupations;
D Agricultural operations and attendant structures, greenhouses, nurseries and silvaculture;
E Public elementary schools; and
F Special exceptions such as adult congregate living facilities, group homes, mobile homes and
accessory uses, borrow pits, cemeteries, kennels, sewage and water treatment plants, and fills, and
other public structures.
SERVICE AND FACILITIES This land use requires an adequate, rural level of service for public safety
and other services (see Exhibit FLU: Services and Facilities By Classification).
SPECIAL PROVISIONS Travel trailer parks and campsites are permitted for short periods of time, and
must be located in less densely populated areas having natural or man-made recreation facilities in the
vicinity.
13
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT C
Site Location Map and Legal Description &
Aerial Maps- 1999 & 2004
;1
"
SUBJECT SITE
OVIEDO
.". -
Parcel # 03-21-31-300-0040-0000
The East 245.0 feet of the South 385.75 feet ofthe South 2/3 ofthe North 3/4 of the East 1/2 of the
Southwest 1/4 ofthe Northwest 1/4 of Section 3, Township 21 South, Range 31 East; less the South
100 feet and less the East 25 feet for road together with an easement for ingress, egress and parking
over the West 55.00 feet of the East 300.00 feet ofthe North 120.00 feet ofthe South 220.00 feet of
said North % of the East Yz of the SW ~ of the NW ~ of Section 3, Township 21 South, Range 31
East, Seminole County, Florida, and subject to a 30.00 feet easement for ingress and egress reserved
for the grantor over the South side of the East 245.00 feet ofthe South 385.75 feet of the South 2/3
of the North % of the East Yz of the SW ~ ofthe NW ~ of said Section 3.
14
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT C
Aerial 1999, prior to Annexation
15
November 22, 2004
PUBLIC HEARING ITEM 402
TABLE INSET:
ATTACHMENT D
I
"'uture l
Right-ot-Way i
1
I
~
I
j
URBAN/RURA~MINOR COLLECTORS
SECTION I
1, R Beardall Avenue: From CR 415to Kentucky Avenue 80'
O. U ~~~nel Road: F rom B~::~-~oa: 10 SR 434 (programmed Irom Eden Pa~ 10 S; 110'
p, U Ibh:pman Road: From SR 416 to SR 434 110'
4. U Charlolle Street: From Seminole Avenue to CR 427 100'
---..---.. -----------------------.-.--,----------------------------.--.
5.R
6.U
7,R
8,U
~.R
10. U
11. R
12.R
13. R
14. R
15. R
16.R
17.U
--
CR 15: From Lake Mary Boulevard to CR 427
i
I
100' I
I
:i
----.--.-----------.".-- ----'-11
100'
I
I
Country Club Road: From CR 46A to Lake Mary Boulevard
CR 15 (Monroe Road): From 1-4 to SR 46
rR 46': From CR 431 10 RUleha" Road
FR 427 A (27th Street): From Sanford Avenue to ~ellonville Avenue
ICR 431 (Orange Blvd): From SR 46 to CR 46A
120'
100'
120'
DeLeonfFloridaNan Arsdale: From SR 419 to CR 426
'Oike Road: From Tuskawilla Road to Howell Branch Road
+-------
~O'
,.-"'-----'-1
100'
Eagle Circle: From Red Bug Lake Road to Eagle Circle
D.
-----
Eden Park Avenue: From Bunnel Road to County Line
0'
~j
General Hulehin,on Pa~w.y: From CR 41710 US. 17~91 - roo
Greenway Boulevard: From Lake Emma Road to Long'lvoodflake.Mary3.oad "0' __J
Fernwood Boulevard: From U,S. 17-92 to Oxford Road
16
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT E
CI T Y OF \\1 I N T E R SPR I N G S
COMMUNITY DEVELOPMENT DEPARTMENT
J J 26 STATE ROAD 434
WINTER SPRINGS,FL 32708
407-327-5967
FAX:407-327-6695
FACISIMILE TRANSMITTAL
TO:
cc:
FAX#:
TOTAL PGS:
FROM:
DATE:
RE:
Matt West, Planning Manager
Seminole County Planning Department
April Boswell, Senior Planner
(407) 665"7385
1 (INC. COVER)
Eloise M. Sahlstrom, AICP, ASLA
Senior Planner
September 13, 2004
Public Records Request
Please provide to the City of Winter Springs, copies of all General
Permits issued. Information that should be included is address or
location, zoning, and requested use.
According to the City's information, Section 30.112 of the Seminole
County Land Development Code was adopted by Ordinance No.
00-13 on 2-22-00 and Ordinance No, 02-53 on 12-10-02.
Therefore, there shouldn't be many General Permits that have been
issued to date, if any.
The City of Winter Springs will plan to meet with you on Friday,
September 17, 2004, at 3:45 PM, to discuss the Request for a
General Permit by Eagle Bay Wood Products, if the previous
information can be provided to the City prior to this meeting.
17
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT E
Response from County:
".'..Original Message...""
From: ABoswell@seminolecountyfl.qov [mail to:ABoswell@seminolecountyfl.gov]
Sent: 'ru<:.'Sday, September j!l; 200-1 8:35 Afvl
To: Eloise Sahlstfom
SUbject: RE: fnvitatlon: Meeting to discuss Eagle Bay 'vVood Products application (Sep 1703:45 Ptv1 EDT in
Winter Springs City Hall)
Eloise.
Thank you for the application yOu faxed over. I checked with Matt and there have not been any general permjt~
issued by the County to date. Please iet me know ir you Med any additional information.
'fhank you,
April
April Boswell
Senior Planner
Semmole County Planning Division
1101 E. First Street
Sanford FL 32771-1468
(40i) 665-7339
18
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT F
Excerpt of Draft Unapproved Minutes of November 4,2004
PUBLIC HEARINGS
Community Development Department - Planning Division
A. Requests That The Board Of Adjustment Hold A Public Hearing To Consider The
Applicant's Request For A General Permit For Eagle Bay Wood Products (A Light Industrial
Use) Under The Property's Current "A-3" Zoning.
Ms. Sahlstrom, presented this Agenda Item.
Tape 1/Side B
Ms. Sahlstrom stated, "In final summary, the Staff does recommend approval of this to you."
Discussion.
Chairman Waters opened the "Public Input" portion of the Agenda Item.
Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: Mr. Montgomery indicated,
"I am the owner of the property in question and we are seeking the general permit based on the
recommendation of City Staff as indicated." Mr. Montgomery addressed the Board regarding this
Agenda Item.
Discussion.
Mr. Matthew West, Planning Manager, Seminole County, 1101 East First Street, Sanford, Florida:
addressed the Board regarding this Agenda Item. Mr. West stated, "A couple ofthings that! wanted
to talk about in particular, is my understanding with Staff, and it's even been kind of reiterated
tonight, is that there is some of the things in the Staff report that I think may be misleading because
when people say the County, that is a very broad statement." Mr. West added, "- The County Tax
Collector did issue an occupational license, obviously the County Staff was not involved in that
decision and on the application itself is that disclaimer by the County Tax Collector." Mr. West
further indicated more information to the Board and stated, "In summary, The Seminole County Staff
disagrees with the interpretation ofthat the Winter Springs City Staff made regarding the criteria and
the code and we do not feel that they meet the eight (8) criteria nor is the requested use in
compliance with the Seminole County Comprehensive Plan."
Discussion.
Board Member Casman stated, "We are Winter Springs and we are going with what the Staff has
presented.
19
November 22, 2004
PUBLIC HEARING ITEM 402
ATTACHMENT F
Excerpt of Draft Unapproved Minutes of November 4,2004
Discussion.
Tape 2/Side A
"I MAKE A MOTION THAT WE APPROVE THE APPLICANT'S REQUEST FOR A
GENERAL PERMIT FOR THE PRIMARY USE AND DENY APPROVAL FOR THE
SECONDARY USE." MOTION BY BOARD MEMBER CASMAN. SECONDED.
DISCUSSION.
VOTE:
VICE CHAIRMAN T AYLOR: AYE
CHAIRMANWATERS: NAY
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER COLLINS: AYE
MOTION CARRIED.
Chairman Waters stated, "This will go to the City Commission on November 22nd [2004]."
20
Date: 112204
The following Document was provided to the
City Commission from Seminole County on
11/22/04 for Public Hearings "402"
PLANNING AND DEVELOPMENT DEPARTMENT
PLANNING DIVISION
November 22,2004
Honorable Mayor and City Commissioners
City of Winter Springs
1126 SR 434
Winter Springs, Fl 32708
Re: Objection to General Permit for a light industrial use (Eagle Bay Wood
Products) at 203 Cress Run
Dear Mayor Bush,
The County is entering an objection for the record, to the application for a General Permit
to allow a light industrial use (Eagle Bay Wood Products) under the property's current 'A-3'
zoning, as referenced above.
As C{)unty staff has stated previously at the November 4, 2004 City of Winter Springs
Board of Adjustment meeting, County staff does not believe the application meets all of
the criteria under Section 30.112(b) of the Seminole County land Development Code.
Because of this, the County planning staff does not believe a general permit should be
granted.
After review of the criteria for approval of a use by general permit, it appears that any light
industrial use would fail to meet the locational criteria contained in Section 30.112(b )(6) of
the Seminole County land Development Code and any granting of such affects the
County, as Deleon Street is a County maintained roadway. This alone, as well as
additional reasons are discussed below:
Section 30.112 (b) (1)- The light industrial use being considered is not consistent with rural
or agricultural uses in the vicinity of the subject parcel; it does not support a rural or
agricultural use in the vicinity and is not, by mere definition, a rural or agricultural use;
Section 30.112 (b) (4)- It is not compatible with the concept of maintaining the integrity of
the rural or agricultural characteristics of the area as it is permitting an industrial use that is
operating in a rural area;
Section 30.112 (b) (5)-The subject use has an unduly adverse impact upon existing traffic
patterns, movements or intensity, as in Section 30.112 (b) (6) - the property does not have
direct access to a collector or an arterial roadway; instead, the property has direct access
to a Rural Section local road as defined in the Seminole County land Development
Code, Appendix A-Transportation Standards, page lDCA: 52 (please see attachment).
Deleon Street is a Oounty maintained road and therefore the County is directly impacted
by such an industrial use located on a parcel with direct access onto the local road which
1101 EASTFIRST STREET SANFORD FL32771-1468 TELEPHONE (407) 665-7371, (407)665-7444 FAX (407) 665-7385
is not developed at a capacity to handle industrial uses. Any vehicle leaving 203 Cress
Run must turn onto Deleon, a rural local road before it turns onto Florida Avenue, a Rural
Section Minor Collector; and
Section 30.112 (b) (8) - The subject use is not consistent with the Seminole County
Comprehensive Plan for all the reasons stated herein.
Finally, Section 30.112 (b) does not provide that an application for General Permit may be
approved if it meets one or more of the criteria established under the section. It requires
that an application meet all of the criteria and this subject application does not. Therefore,
the Seminole County Planning staff states, for the record, opposition to the subject
application.
Respectfully,
/J11 ~
Matthew West, AICP
Planning Manager
407 665-7353
MW:ab
Attachment
cc: Seminole County Board of County Commissioners
J. Kevin Grace, County Manager
Donald S. Fisher, Deputy County Manager/Acting Planning and Development Director
Eloise M. Sahlstrom, AICP, ASlA, Senior Planner, City of Winter Springs
2
16.3
SEMINOLE COUNTY LAND DEVELOPMENT CODE
URBAN / RURAL
SECTION
1. R
LOCAL
Future
Right-of- Way
80'
3. R
1st Street: From Lake Geneva
. Road'to SR 46
Brisson Avenue: From CR 415 to
SR46
Brumley Road: From Lake Mills
Road to Snow Hill Road
Cameron Avenue: From SR 46 to
Kentucky Street
Country Club Road: From Old
Lake Mary Road to CR 46A
County Home Road: From CR
427 to U.S. 17-92
County LiIle Road: From Sand
Lake Road to SR 436
DeLeon Street: From Florida Av-
enue to Howard Avenue.
Eagle Boulevard: From Eagle Cir-
cle to 'IUskawilla Road
Howard Avenue: From DeLeon
Street to Stone Street
Kentucky Avenue: From Cameron
Avenue to Beardall Avenue
Lake Geneva Road: From Lake
Harney Road to Main Street
Lake Markham Road: From SR
4'6 to Markham Road
Lake Mills Road: From Brumley
Road to CR 419
Lake Park Drive: From Lake Way
to Green Way
Main Street: From CR 427 to
Sanford Avenue
Marquette Avenue: From Beardall
Avenue to ,Ohio Avenue
Mellonville Avenue: From Air-
port Boulevard to Silver Lake
Drive
Neil Road: From Balmy Beach
Road to County LiIle
Ohio Street: From East Onora
Street to Silver Lake Drive
Old Geneva Road (4th Street):
From Osceola Road to Avenue C
Old Lake Mary Road: From South-
west Road to CR 46A
Seminole Avenue: From Char-
lotte Street to Florida Boulevard
80'
2. R
80'
4. R
80'
5.R
80'
6.R
80'
7.R
80'
8. R
80'
9. U
60'
10. R
80'
11. R
80'
12. R
. 80'
13. R
80'
14. R
80'
15. R
80'
16. R
80'
17. R
80'
18. R
80'
19. R
80'
20. R
80'
21. R
80'
22. R
80'
23. R
80'
LDCA:52