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HomeMy WebLinkAbout2007 07 23 Regular 606 Transfer of Eagle Bay Development Order CITY COMMISSION AGENDA ITEM 606 Consent Informational Public Hearing Regular July 23, 2007 Meeting MGR. REQUEST: The Community Development Department - Planning Division requests that the City Commission give consent to the transfer of the Eagle Bay Development Order for Parcel # 03-21-31-300-0040- 0000, located on Cress Run (immediately west of DeLeon Street), to Mr. David Lockhart who is purchasing the assets of Eagle Bay Wood Products Inc. and intends to continue the operations already in place (the manufacture of wood cabinets and similar type furniture). PURPOSE: To request consent of the City Commission for the transfer of ownership of the Eagle Bay Wood Products Inc. and corresponding Development Order to David Lockhart of 4081 Chuluota Road; Orlando, Florida 32820, as allowed under the terms ofthe Development Order granted to Timothy and Hope Montgomery on November 22,2004. APPLICABLE LAW AND PUBLIC POLICY: City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Development Order of Nov. 22, 2004 CHRONOLOGY: The property was rezoned from 'A-5' to 'A-3' as an administrative action by Seminole County in 1995. Nov. 27.2000- Annexation of subject property into Winter Springs (Ordinance 2000-40). Nov 22.2004- Fifteen (15) year Development Order granted to Tim & Hope Montgomery for the operation of Eagle Bay Wood Products, Inc. (for the manufacture of wood cabinets and similar furniture) on parcel # 03-21-31-300-0040-0000 on Cress Run. June 25. 2007- Future Land Use changed from Seminole County "Rural-3" to Winter Springs "Rural Residential"; Zoning changed from Seminole County "A-3" to Winter Springs "R-CI" July 13.2007- Received request for transfer of Development Order. July 23, 2007 REGULAR Agenda Item 606 CONSIDERATIONS: Business: Eagle Bay Wood Products, Inc. (light manufacturing of wood components) Existing Owners: Timothy and Hope Montgomery New Owner: David Lockhart; 4081 Chuluota Road; Orlando, Florida 32820 Current Location: Proposed Location: Acreage: Parcel #: Future Land Use Zoning 203 Cress Run 203 Cress Run 1.6 acres 03 -21- 31- 3 00-0040-0000 Rural Residential R-Cl Residential Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Sites Light Manufacturing, Distribution North Light Manufacturing, Distribution R-Cl Residential Rural Residential Mobile Home Residential ._.._~...~__"__'_'_N_'__""_'_"_'_'...._........_......__..H._._._.._..H._.H.H.._.H......_..._H.....H. Agriculture _.__.___.____._.H.___.__.________._____..________ Ornamental Nursery Stock Productio Li ht Manufacturin ,Distribution (WS) Winter Springs; (SC) Seminole County; South East West Change from "A-3" to Change from "Rural-3" to "R-Cl" "Rural Residential" is Rural-3 (SC) Rural-3 (SC) to Change from "Rural-3" to "Rural Residential" is endin Eagle Bay Wood Products (light manufacturing of wood components) received a IS-year Development Order from the City of Winter Springs in 2004. The Development Order was approved after the City Commission determined the use to be appropriate based upon findings of fact relating to eight (8) criteria (Seminole County Land Development Code, Section 30.112). At the time of issuance, the site had an 'A-3' Zoning classification. The site is currently zoned "R-Cl". The Development Order remains in effect (except for a fifteen-year sunset provision occurring on November 22,2019), as long as the granted use (manufacturing of wood components) remains at the existing location. Should the property be sold, the Development Order requires consent ofthe transfer to be granted by the Winter Springs City Commission and the new property owner to be bound by the terms of the Development Order. Eagle Bav 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) 2 July 23, 2007 REGULAR Agenda Item 606 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. FINDINGS: · The request is consistent with terms of the Development Order. · The request is consistent with the applicable goals, obj ectives and policies of the City of Winter Springs Comprehensive Plan. · The request is in conformance with the purpose and intent of the City Code. STAFF RECOMMENDATION: Staff recommends that the City Commission give "Consent" to the transfer of ownership of Eagle Bay Wood Products and the Development Order for Parcel # 03-21-31-300-0040-0000 at 203 Cress Run, to Mr. David Lockhart. ATTACHMENTS: A- Development Order, dated November 22,2004 B- Letter of Request from Mr. David Lockhart COMMISSION ACTION: 3 ~ 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 ......................,- ATTACHMENT A MAIMIK ..... a.EIIt IF Clll1l11 aurT SSWIU aunv BIt 85689 PGS "'5-"71 CLERK'S. 28858623J2 II.tIRD M/l.v2115 MI34I33... IEtllBnt8 FEES &1.- IH.tR& IV D lhMu 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 of7 1972 Steel/Pre Eng. 10,800 SF 1982 Masonry Pilas 1,536 SF 1982 SteellPre Eng. 1,230 SF 1991 SteellPre 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 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 Subj ect 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. S. 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 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 30. The Subject Property has direct access to DeLeon Street, a minor collector road. Specifically, the Seminole County Comprehensive Plan (11.R) defines "DeLeonIFloridaIV 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 ofthe Subject Property as a Boat, R.V. and automobile outside storage area. CONCLUSIONS OF LAW Based on the findings offact 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 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 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 of7 . f "t ,s,,Ji CITY OF WINTER SP~6S:FLORIDA ".' \l".J~ ~(7. , , ' " '\\ ,.'..." '. I.y, . 'l.... .' " 0 '. ~ .. c") f. D '.)', .' .. .,v.. ',:. .... ' , , _. ~ 'I-"- N F. BUSH, ~y'o~ .,l' 0)' . S ~ '. ~. 0 ~ .,..... ,0. . . c;" ", "'b'" \,7tVf ~ '. -f .... .,' ~v " .(/'4 .......' \\\'\ 'I" V a'lE.\l' _,' , "'. "\,,~,,,,~,,~,.. ATTEST: to legal form and sufficiency for inter Springs only: . GARGANESE, City Attorney City of Winter Springs Eagle Bay Development Order Page 7 of7 Greetings, ATTACHMENT B ~~ ~ (\A 0,. <f ,~ Cb~o,(\/. / .., L. v~~ ~ A '1. 1--", ~ ''.A o",<"-? ~ V ~~~A;) %Q;. ~1-: "'~/Q<5' I, David Lockhart, 4081 Chuluota Rd, Orlando, FL 32820 herein request to receive transfer of City of Winter Springs Development order granted to Timothy & Hope Montgomery on November 22, 2004. I am making this request in accordance with the agreement language of pages 5 & 6, Conclusions of Law, paragraph B 1. My intentions are to purchase the assets of Eagle Bay Wood Products Inc. & continue the operations already in place. I ask you to approve this request for continued operations of Eagle Bay Wood Products Inc. under the Development Order cWTently in place and be granted the same rights, scope & provisions within the Development Order. David Lockhart OMlIL o4-e rk I, ~.