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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
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CLERK'S 0 EW50623112
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IEMIiB FEES 61.M
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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 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 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 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 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 of 2003.
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
of the 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 of this 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 maybe permitted upon aparcelwith 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 of 7
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 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.
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 of the 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 of 7
30. The Subject Property has direct access to DeLeon Street, a minor collector road.
Specifically, the Seminole County Comprehensive Plan (11.R) defines "DeLeon/Florida/Van 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 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 of the Subject Property as a Boat, R.V. 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 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 of this 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 Subject 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.
[Signature Page to Follow]
City of Winter Springs
Eagle Bay Development Order
Page 6 of 7
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CITY OF WINTER SP4jNG9, ♦LORIDA
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N F. BUSH; N YOO`-, ,� a
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ATTEST:
*REA LORENZO-LUAC S, City Cler
Appra� to legal form and sufficiency for
the of inter Springs only:
ANTHO . GARGANESE, City Attorney
City of Winter Springs
Eagle Bay Development Order
Page 7 of 7
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURVED TO:
Anthony A. Garganese, Esquire
Post Office Box 2873
lando, Florida 32802-2873
( ] Pnone:(407)425-9566
VARYDKtNE MORSEL CLERIC OF CIRCUIT MURT
BENINUM COUNTY
BK 06876 Pgs 0595 - 597; (spgs)
CLERK'S 0 2007166819
ReWNDED 12/03/2007 09:54:22 AN
REWRDIN3 FEES 27. K)
RECORDED BY T Smith
CITY OF WINTER SPRINGS
AMENDED DEVELOPMENT ORDER
IN AND BEFORE THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
In re: Eagle Bay Wood Products
Transfer of Ownership Interest from Timothy and Hope Montgomery
to M_ARLOC Enterprises, LLC. (Members David Lockart and Alfredo Marquez
203 Cress Run
Oviedo, FL 32708
Parcel Id. 03-21-31-300-0040-0000
Date: July 23, 2007
Agenda Item: Regular 606
On July 23, 2007, the City Commission consider a request to transfer the rights under a
previously issued development order. Based on said request, the City Commission hereby finds and
orders as follows:
FINDINGS OF FACT
1. On March 28, 2005, the City Commission of Winter Springs approved a
Development Order affecting the subject property. Said Development Order was
recorded in the Official Public Records of Seminole County, Florida at Book 05689,
Pages0065-0071.
2. The Development Order, under paragraph B (1) in the conclusions of law, provided
that the principal shareholders. Timothy and Hope Montgomery, shall not transfer
controlling interest in Eagle Bay 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
City of Winter Springs
Eagle Bay Development Order
Page 1 of 3
compliance with, and the transferee agrees in writing to, the terms and conditions of
this order. (Emphasis Added).
Pursuant to the Development Order, the Montgomerys requested that the City
Commission consent to a transfer of the controlling interest of Eagle Bay to
MARLOC Enterprises, LLC.. whose managers and members are David Lockart and
Alfredo Marquez (hereinafter referred to as "MARLOC"). MARLOC will continue
to conduct business on the Property under the fictitious name Eagle Bay Wood
Products.
4. At a duly held City Commission meeting on July 23, 2007, the City Commission
heard the Montgomery's request and consented to the transfer. Therefore, the
Development Order is amended to reflect that the City hereby consents to the
aforesaid transfer of the controlling interest in Eagle Bay. If MARLOC desires to
transfer controlling interest in MARLOC or Eagle Bay to any person or entity, or if
David Lockart and Alfredo Marquez desire to transfer their controlling ownership
interest inMARLOC, the proposed transferee 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.
Paragraph B(1) of the Original Development Order which is referenced above is
hereby deleted in its entirety. The provisions of the Development Order not amended
by this Amended Development Order shall remain in full force and effect.
& MARLOC Enterprises, LLC. and David Lockart and Alfredo Marquez by executing
this Amended Development Order hereby agree to the terms an_ d conditions of the
Development Order as amended hereunder. �.
Done and ordered this 23`d day of July, 2007. _���~""�"'`� �s
CITY OF WINTER-$P �*Ol
JOP F. BUSH, Matyor
City of Winter Springs
Eagle Bay Development Order
Page 2 of 3
ATTEST:
ANDA LORENZO-LUACES, City Clerk
Approved o legal form and sufficiency for
the City f W ter Springs only:
AN NY . GARGANESE, City Attorney
MARLOC Enterprises, LLC.
David Lockart, Manager/member
David Lockart
City of Winter Springs
Eagle Bay Development Order
Page 3 of 3