HomeMy WebLinkAbout2005 02 28 Consent 207 Final Development Order Regarding Eagle Bay Wood Products, Inc.
COMMISSION AGENDA
ITEM 207
Consent
Informational
Public Hearing
Regular
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Mgr. I
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I Dept.
Febrmuy 28. 2005
Meeting
REQUEST:
Approve final development order regarding Eagle Bay Wood Products, Inc.
PURPOSE:
The purpose of this Agenda Item is to approve a final development order regarding Eagle Bay Wood
Products, Inc. The matter was heard and decided by the City Commission on November 22, 2005.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Horne Rule Powers Act.
2. Section 30.112, Seminole County Code.
CONSIDERATIONS:
1. The City Commission approved the general permit on November 22, 2005.
2. The Development Order memorializes in writing the City Commission's November 22,2004
decision. '
STAFF RECOMMENDATION:
The City Attorney recommends approval.
ATT ACHMENT:
1. Development Order.
2. Excerpt of November 22, 2005 City Commission Minutes.
COMMISSION ACTION:
Page 1 of 1
CITY OF WINTER SPRINGS
DEVELOPMENT ORDER
IN AND BEFORE THE CITY COMMISSION OF
THE CITY OF 'WINTER SPRINGS, FLORIDA
In re: Eagle Bay Wood Products, Inc., a Florida corporation
Timothy and Hope Montgomery (Owners)
203 Cress Run
Oviedo, FL 32708
Date: November 22, 2004
Agenda Item: Public Hearing Item 402
I
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 pennit seeking approval for two land uses: (1) Wood
component manufacturing and storage, including warehouse, office, showroom and point of sale
location; and (2) Boat, RV. 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 ("Subj ect 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.
.i 8. Eagle Bay manufactures solid hardwood cabinet doors and drawers, as well as
cabinet doors in thermofoillRTF.
9. Eagle Bay represented that the business markets their products nationwide for
wholesale sales and distribution through a website.
10. Eagle Bay does not pennit 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 ofthe 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' 5 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 Subj ect Property:
City of Winter Springs
Eagle Bay Development Order
Page 2 of 7
1972 SteelfPre Eng. 10,800 SF
1982 MasonryPilas 1~.536 SF
1982 SteelfPre 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'sjurisdiction, including Mid Florida Motor Sports. Further, prior to the City
of Winter Springs' annexation of the Subject Property and other surrounding properties West of
DeLeon Street, Seminole County had a history of allowing other light industrial uses in the vicinity
ofthe Subject Property. The Montgomerys were aware of this fact when they purchased the Subject
Property.
19. Prior to the issuance of this general permit, Eagle Bay did not seek, nor did the City
issue, a City permit authorizing Eagle Bay's use of the Subject Property.
20. At the hearing, Seminole County objected to the issuance of this general permit.
21. The CityCornmission 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 Subj eet 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 orlight 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 intensiye 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 slUIounding 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 (ll.R) defmes "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 compatibi lity 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 Pemlit 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 Subj eet 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, R V 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 0 f 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 familyinc1uding father, mother, brother, sister, uncle, aunt and first cousin
or said entity is controlled by a siniilar family member. Ifthe Montgomerys desire
to transfer controlling in Bagle Bay to anon-family member, the proposed new owner
must apply to the City Commission for consent under the law applicable at the time
of the proposed transfer.
(2) The general permit shall expire fifteen (15) years from the effective date ofthis order
or at such time Eagle Bay ceases, for any reason, business operations at the subject
property for a period of six (6) consecutive months. Upon expiration oftbis pennit,
Eagle Bay may only continue the use authorized herein upon approval by the City
Commission applying the regulations in effect at that time.
(3) ShouJd 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 confonnance with applicable law, provided
Eagle Bay receives the pennits 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.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
City of Winter Springs
Eagle Bay Development Order
Page 6 of7
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Eagle Bay Development Order
Page 7of7
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"---...
Anthony Garganese
From:
To:
Sent:
Subject:
"Andrea Lorenzo-/uaces" <aJuaces@winterspringsfl.org>
"Anthony Garganese- <agarganese@orlandolaw.net>
Monday, January 10, 20053:53 PM
Minutes
Anthony,
I was out Friday afternoon but had this information for you when I saw you earlier today, but then you
left. I also will have a copy for you tonight.
PUBue HEARINGS
402. Community Development Department - Planning Division
Requests That The City Commksion 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 introduced this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: addressed the City Commission on this
issue and asked the City Commission to consider the issues at hand. .
Tape 2/Side B
Ms. April Bosworth, Planner, Seminole Coun.ty, 1101 East First Street, Sanford, Florida: spoke for
the record on Seminole County's position.
Mayor Bush closed the "Public Input" portion. of the Agenda Item.
Commissioner McLeod spoke for the Record on a previous business relationship with Mr. Tim
Montgomery.
Much discussion.
Tape :l/Side ^
Further discussion.
Deputy Mayor Miller stated, "I would prefer to see us have this brought back by Staff in a bout _ .
maybe the first Meeting in January, and J would very much like to see a history of how these people
got in this situation, from the COlU1ty." Furthermore, Deputy Mayor Miller noted, "I would like to see
'US take care of this. r think. we can, and I think we need to get the legal issues out on the table first.
We need to fmd out how this got this far, to the time that we eventually annexed the property _ how
did all these things come to pass, and how 9id they build 20,000 square feet of Industrial Facilities in
the Black Hammock." Additionally, Deputy Mayor Miller said, "I would like to have it brought back
and I would like to see some of this evidence on these activities that took place. With regard to the
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Applicant, if there is going to be some legal problems - if we go forward or against it, I think there is
also going to be some blow back on the County in this regard, and I would like to have som~
understanding of what the legal issues might be."
Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: addressed the City
Commission on this Agenda Item.
Attorney Garganese suggested to the City Commission, "You may want to put a Sunset provision if
you issue the permit, that should the business cease its operations, then the General Permit expires, so
it is not perpetual." Discussion.
Then, Attorney Garganese stated, "Staff was involved in trying to pull together historical information
regarding the Minter, Weaver, Carroll properties, specifically the Weaver property; and we asked for
all records regarding Building Permits that were issued, and we will tell you that the records that we
received from the County are - totally incomplete with respect to what was allowed to go on, on this
property." Deputy Mayor Miller said, "No one on this Commission has seen those documents. I
would like to see them before I vote on this."
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS MAKE
THE FINDING THAT THE EIGHT (8) CRITERIA PRESENTED - REQUIRED BY THE
COUNTY FOR THE ISSUANCE OF A GENERAL PERMIT FOR LIGHT INDUSTRIAL USE.
TO EAGLE BAY WOOD PRODUCTS AT 203 CRESS RUN BE FOUND TO EXIST AND
THAT THE CITY OF WINTER SPRINGS APPROVE TIllS REQUEST FOR THE GENERAL
PERMIT SUBJECT TO THE FOLLOWING SUNSET PROVISIONS; THOSE BEING mAT'
TIDS PERMIT IS ISSUED TO - EAGLE BAY WOOD PRODUCTS AND ITS CURRENT
OWNERS ONLY, AND mAT THE PERMIT IS IN EFFECT ONLY FOR AS LONG AS
THAT OWNER IS IN BUSINESS AT THAT LOCATION AND OWNS THAT PROPERTY.
FURTHER, EAGLE BAY WOOD PRODUCTS OWNERS MUST COME BACK BEFORE
THIS COMMISSION TEN (10) YEARS FROM NOW AND REAPPLY FOR A GENERAL
USE PERMIT OR WHAT OTHER SPECIAL EXCEPTION OR METHOD MAY BE
PROVIDED BY WINTER SPRINGS CODE AT THAT TIME FOR THE RIGHT TO
CONTINUE OPERATIONS PAST THAT TEN (10) YEAR TIME FRAME." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
"I WOULD LIKE TO CHANGE AND AMEND IT - THAT HE WOULD NOT NEED TO
COME BACK HERE IN TEN (10) YEARS AND REAPPLY FOR ANOTHER GENERAL USE
PERMIT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
DEPUTY MAYOR MILLER STATED, "WE NEED TO MAKE ABSOLUTELY CERTAIN
THAT IT IS ON THE RECORD THAT TIDS IS HOW WE GOT TO THE POINT WHERE .
WE ARE DOING THE RIGHT THING."
VOTE: (ON THE AMENDMENT)
COMMISSIONER McGINNIS: NAY
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR MILLER: NAY
1/1 0/2005
Page 3 of8
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COMMISSIONER BLAKE: NAY
MOTION DID NOT CARRY.
"I WOULD MAKE AN AMENDMENT TO THE MAIN MOTION THAT REMOVES THE
TEN (10) YEAR CLAUSE AND REPLACES IT WITH FIFfEEN (15) YEARS."
AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
VOTE: (ON THE LAST AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: NAY
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
COMMISSIONER BLAKE SAID, "WHAT IT MEANS IS THAT IF THE BUSINESS CEASES
OPERATIONS; IF TIlE BUSINESS IS SOLD TO A DIFFERENT OWNER; IF THE
BUILDING IS SOLD TO A DIFFERENT OWNER - THE OWNER HAS TO COME BACK
AND REAPPLY BEFORE THE COMMISSION UNDER WHATEVER PROVISIONS ARE
AVAILABLE UNDER THE CURRENT CODE AT THAT TIME, FOR AN EXTENSION -
WITHIN FIFTEEN (15) YEARS."
ATTORNEY GARGANESE ASKED MS. BOSWORTH FOR THE RECORD, "IS TIllS
PROPERTY CURRENTLY IN THE RURAL AREA, AS DEFINED BY THE SEMINOLE
COUNTY CHARTER AMENDMENT?" MS. BOSWORTH RESPONDED, "THE PROPERTY
IN QUESTION IS NOT IN THE RURAL AREA AS DEFINED BY THE CHARTER
AJ\.IENDMENT."
VOTE: (ON THE MAIN MOTION, AS AMENDED)
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Mayor Bush called a Recess at 10:31 p.m.
The Meeting reconvened at 10:43 p.m.
Attorney Garganese stated, "One of the conditions is that if the business ceases to operate, then the
Permit will terminate. And the question in the Applicant's mind is what do you mean by cease to do
business in the event the building is damaged, because of a hurricane or some other natural disaster, or
fire. Would they be permitted to rebuild the business and continue operating, or is the damage to the
building constitute a cessation of the business where they lose their Permit right?" Commissioner
Blake said, 'The intent is if you cease operations, that the Permit would end. That was my intent:
which certainly doesn't mean for some unforeseen event, act of God, loss of electricity for an extended
period of time - things that are not due to your own control. If you closed down due to financial
reasons, that would be a cease of operations; if you close down because of a hurricane, as Anthony
stated, or the fire, and - those have always been allowed to rebuild."
1/1012005
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Page 4 of8
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Attorney Garganese noted, "Ceasing to do business, does not include if there is an Act of God, and
there is damage to the business, and they have to stop operating for a period of time while they are
rebuilding, that is not a cessation of business." Commissioner Blake said, "Correct."
Commissioner McLeod said, ''Wouldn't there be a time frame - say 120 day time frame that - he
would have to apply for a Building Permit?" Commissioner McLeod added, "1 think you have to have
a time to apply for the Permit, and the Permit has its own time frame."
Commissioner Blake said, "Anthony [Garganese] or Ron [McLemore], is there going to be something
in writing on this?" Attorney Garganese said, "Yes." Commissioner Blake then suggested, .'Why
don't we leave it to Staff to construct the actual written Permit so that it encompasses these issues."
With discIlSsion, Commissioner McLeod said, '1f you think 180 days is fair time, I don't have a
problem with that:' Commissioner Blake said, "} don't know what the number is, I just know what the
intent is." Commissioner McLeod noted, "180 days."
Mr. Montgomery then said, "We have 180 days to apply for the Permit, which does not include
completing whatever damage - or repairs?" Commissioner Blake said, "Right. We also have already
built into the Code, requirements for how long a Pennit is good for."
With further discussion as to ownership, Commissioner Blake noted, "As long as there is no change in
control, then it continues to exist, but as soon as you no longer have control, then the Permit would
cease to exist for that location:' Mr. Montgomery then said, "So therefore, we could transfer from on'e
family member to another, and another family member and that would be acceptable under this
provision?" Deputy Mayor Miller suggested, "} think: we need to have - his questions put on paper
and brought back." Commissioner Blake said, '"r think these are the minutia that we give to Staff to'
nail down." Regarding some of these issues, Mayor Bush said, "I think he [Mr. Montgomery] needs to
work with Mr. McLemore and the Attorney to iron out some of these details, and bring them back for
the Commission, if the Attorney and Mr. McLemore think they are necessary."
Mayor Bush then said, "Does the Commission agree to that - to let Mr. Montgomery work with Mr.
McLemore on this - come back if there are other issues that need to be resolved." No objections were
noted.
PUBLIC HEARINGS
403.
Attorney
Community Development Department - Planning Division An,d Office Of The City
Requests That The City Commission Hold A Public Hearing For First Reading [Ordinance 2004-
49] To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To
Rezoning, Variances, Conditional Uses, V\'aivers, And Administrative Appeals.
Mayor Bush stated, "Can we have a Motion to read by <Title' only."
"SO MOVED." MAYOR BUSH STATED, MOTION BY "COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER MILLER." DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
111012005