HomeMy WebLinkAbout03-25-2005 City of Winter Springs - Eagle Bay Wood Products, IncBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Aaomgs at1-4w
Usher L. Brown
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher°
Jeffrey P. Buak°
Cocoa & Viera Joseph E. Blitch
Suzanne D'Agresta°
Victoria L. Cecil
Lisa M. Fletcher
Anthony A. Garganese°
Amy J. Goddard
John H. Ward'
Katherine Latorre
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Government Law
March 25, 2005
Via Emai
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
' Re: City of Winter Springs - Eagle Bay Wood Products, Inc.
Our File No.: 1189
Dear Andrea:
Erin J. O'Leary
J. W. Taylor
Of Counsel
Enclosed is a letter that I received from attorney Patrick Rinka regarding the proposed Eagle
Bay Final Development Order. This matter is being considered by the City Commission on March
28, 2005 as Regular Item Number 504. Please provide a copy of this letter to the Mayor, City
Commission and City Manager prior the March 28' City Commission meeting.
If you have any questions, please do not hesitate to call.
ry y Yours,
Anthony A. Garganese
City Attorney
AAG/cg
Enclosure
225 East Robinson Street, Suite 88o • P.O. Box 2873.Odando, Florida 32802-2873
Orlando (407) 425-ee Fax , Kissimmee ntere (888) 425-9568
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March 24, 2005
Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D'Agresta, P.A.
225 B. Robinson Street
Suite 660
Orlando, Florida 32802
Re; City of Winter Springs — Final Development Order
Eagle Bay Wood Products, bole.
Your File No.: 1193
Dear Anthony:
PATWCk K. RINKA
DMWT Dui: 407-418.6273
NORTH EoLA V" Orrrcn
POsr Oprlcs Box 2809
ORLANDO, FLOSODA 32802-2809
patriick.rinh@lowndcs-law.com
TFMERITAS LAW FIRMS WORLDWIDE
This law firm has the pleasure of representing Eagle Bay: Wood Products, Inc, ("Eagle Bay") in
connection with its »manufacturing operation in the City of WintoT Springs, Florida (the "City"). As you
know, on November 22, 2004 the City Commission issued :preliminary approval of a proposed
Development Order (the "Development Order," copy enclosed) with respect to Eagle Bay's current use
of its property located at 203 Cress Run (Parcel I.D. No. 03-21-31'-300-0040-0000) (the "Property").
While the owners of Eagle Bay, Timothy and Hope Montgomery, are pleased that the City has
demonstrated a willingness to work with them and allow Eagle Bay to continue operating its business on
the Property for a period of fifteen years, they are concerned that one specific provision of the
Development Order exceeds the scope of the City's interests and: imposes an arbitrary condition on the
operation of their business.
The proposed Development Order correctly points out that the City, in its consideration of Eagle
Bay's general permit request, must determine whether or not such request is consistent with Section
30,112 of the Seminole County Land Development Code, and -Policy FLU 12.5 of the Seminole County
Comprehensive Plan, 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."
In addition, the Development Order states that denial of Eagle Bay's 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
215 Noon+ BOLA ORM 4SO SOUTIi ORANOa AvnNua, SUITU 800
ORLANDO, FLORIDA 32301.2028 TP.l.'• 407-943.4600 & FA%:407.843.4444 lk wwwlowridu-Iow.corn ORLANDO, F:.OIUDA 32801.3344
03/24/05 THU 14:19 PAX 407 423 4495 LDDK&R 003
Anthony A. aarganese, Esquire
March 24, 2005
Page 2
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," The Development Order is generally consistent with the foregoing requirements of the
Seminole County Land Development Code and Comprehensive Plan, but the conditions set forth in the
second and third sentences of item B (1), Conclusions of Law, are overreaching. Specifically; it is the
use of the Property, and the duration of such use, which should be of concern to the City, not the identity
of the principals or shareholders conducting the business on •the Property. In the event that the
Montgomerys would suffer an illness, disability, financial hardship or other adverse event, their ability
to sell or transfer their interest in Eagle Bay would be severely limited by condition B (1) of the
Development Order. In addition, it does not appear that such condition in any way enhpnces public
health, safety, morals or welfare, a0d, in fact, may "too stringently regulate" the Montgomery's use of
the Property as prohibited under Policy FLU 12.5.
As I mentioned to you in our previous discussions, the Montgomerys are geateful that the City
has allowed them to continue to operate their business on the Property. Unfortunately, having now
considered the potential implications of condition B (1) of the Development Order, the Montgomerys
am concerned that an unforeseen event in the future may jeopardize their business and financial security.
Accordingly, we respectfully request that the City Commission, reconsider its position with respect to
condition B (1) and strike the second and third sentences thereof prior to issuing the final Development
Order.
Thank you for your considoration of this matter. Please call me if you have any questions or
require additional information.
Very truly yours,
Patrick K. Rinka
PK1tlamm
e: John Baker (via facsimile)
Timothy and Hope Montgomery (via facsimile)
0099994/04854WB29537/1
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