PPT presented by the county at the 7/8/2020 Shelley code enforcement hearings

1. Shelley’s Septic Tank, Inc.
6505 W Jones Avenue, Zellwood, FL 32798
and
GPITA, LLC
7581 Jones Avenue, Zellwood, FL 32798
Special Magistrate
July 8, 2020

2. Presentation Outline
Overview
Property History
Related Issues
Conclusion

3. Presentation Outline
Overview
Property History
Related Issues
Conclusion

4. Overview
 Case SM-2020-403077Z (also 403072Z and 404730Z)
 Owners: James D. Shelley and Barbara E. Shelley; Shelley’s Septic Tank, Inc.
 Current business: Shelley’s Septic Tank, Inc.
– Relates to property that supports operation of a biosolids treatment facility in
Zellwood that treats materials such as septage, portable toilet and food service waste,
wastewater biosolids, and other solids from wastewater treatment facilities.
– This facility has the ability to process these wastes into a variety of products,
depending on their level of pathogen reduction. Additionally, the facility utilizes wood
chips to aid in reducing moisture content and odor of the fertilizer product.

5. Overview
 Case SM-2020-404714Z
 Owner: GPITA, LLC
 Registered Agent: David Shelley Jr.
 Managers: David Shelley Jr. and Barbara Shelley
– Relates to property that is linked to operations of the Shelley’s Septic Tank, Inc.
facility.
– Activities on this property relate to storage and processing of woody debris and
storage of stabilized biosolids from Shelley’s Septic main facility.

6. Overview
 Both sites are in close proximity in NW Orange County, near Zellwood.
–Shelley’s Septic
• 6505 W Jones Ave
• treatment facility
–GPITA, LLC
• 7581 W Jones Ave
• storage location
Lake Ola
Shelley’s
Septic
GPITA,LLC

7. Overview
The cases today involve activities in two general locations, both
in close proximity on Jones Avenue.
Jones Avenue
Jones Avenue
Shelley’s
Septic
GPITA, LLC
2020 Aerial (Source – Orange County Property Appraiser)

8. Presentation Outline
Overview
Property History
Related Issues
Conclusion

9. Property History
Shelley’s Septic Tank, Inc.
3 parcels
–21-20-27-0000-00-121
–21-20-27-0000-00-240
–21-20-27-0000-00-135
The violations involve:
–Operation of a wastewater treatment plant
without Special Exception approval
–Failure to obtain building permits
–Structures that do not meet property line setbacks
240
135
121
2020 Aerial

10. Property History
Shelley’s Septic
–1990 - James D. Shelley and Barbara E. Shelley purchased initial property (121)
–1993 - Opened Shelley’s Septic wastewater treatment facility
• Not all structures have building permits on file
• Not meeting site and building requirements
1999 Aerial1994 Aerial

11. Property History
Shelley’s Septic
–1990 - James D. Shelley and Barbara E. Shelley purchased initial property (121)
–1993 - Opened Shelley’s Septic wastewater treatment facility
–1998 - Purchased adjacent property to east (240)
• No special exception requested or approved
• No building permits on file
• Not meeting site and building requirements
2001 Aerial

12. Property History
Shelley’s Septic
–1990 - James D. Shelley and Barbara E. Shelley purchased initial property (121)
–1993 - Opened Shelley’s Septic wastewater treatment facility
–1998 - Purchased property to east (240)
–2003 - Purchased property to west (135)
• No special exception requested or approved
• No building permits on file
• Not meeting site and building requirements
2006 Aerial

13. Property History
GPITA, LLC
1 parcel - onsite activities associated with
Shelley’s Septic Tank, Inc. main facility
–20-20-27-0000-00-038
The violation involves:
–Chipping and mulching activities for commercial
purposes without Special Exception approval
038
2020 Aerial

14. Property History
GPITA, LLC
–2014 - David Shelley Jr. and Barbara Shelley purchased the property (038)
–2015 - Mr. and Mrs. Shelley sold the property to GPITA, LLC
• David Shelley is registered agent of GPITA, LLC
– Both David and Barbara Shelley listed as Managers
• No special exception requested or approved
2014 Aerial

15. Presentation Outline
Overview
Property History
Related Issues
Conclusion

16. Related Issues
Related Issues
–There are 3 parcels within the operational
footprint of Shelley’s Septic Tank, Inc. that are
not owned by the Shelley’s or Shelley’s Septic
Tank, Inc.
2020 Aerial

17. Related Issues
Related Issues
–There are 3 parcels within the operational
footprint of Shelley’s Septic Tank, Inc. that are
not owned by the Shelley’s or Shelley’s Septic
Tank, Inc.
• CSX Transportation Inc.
– 018
– 046
2020 Aerial

18. Related Issues
Related Issues
–There are 3 parcels within the operational
footprint of Shelley’s Septic Tank, Inc. that are
not owned by the Shelley’s or Shelley’s Septic
Tank, Inc.
• CSX Transportation Inc.
– 018
– 046
• GCP Applied Technologies Inc.
– 076
–There are county drainage easements currently
located within the operational footprint
2020 Aerial

19. Related Issues
Related Issues
–Odor is regulated by County Code in Sec. 15-89.1(a)(1)
– No person shall cause, let, suffer, allow or permit the discharge of
air pollutants that cause or contribute to an objectionable odor
–Shelley’s Septic currently under enforcement action by FDEP and
EPD for odors related to site operations

20. Related Issues
Related Issues
–Environmental Permits
• Permitted by FDEP (active)
• Permitted by EPD until 2007
– Permitting requirements removed due to County streamlining efforts
– Permit was essentially duplicative to state permit
• GENERAL CONDITIONS 3. As provided in Subsection 403.087(6), FS, the issuance of this
permit does not convey any vested rights or any exclusive privileges. Neither does it
authorize any injury to public or private property or any invasion of personal rights, nor
authorize any infringement of federal, state, or local laws or regulations. This permit is
not a waiver of or approval of any other Department, Division or Agency permit or
authorization that may be required for other aspects of the total project which are not
addressed in this permit. (Permit Number: DO06-03 – Expiration August 21, 2010)

21. Related Issues
Related Issues
–Comprehensive Plan (CP)
• Parcel 135 – currently designated as (add)
• May need CP text amendment to support proposed activities

22. Presentation Outline
Overview
Property History
Related Issues
Conclusion

23. Conclusion
Shelley’s Septic Tank, Inc. (135) and the Shelley’s (121, 240) are
owners of the property
All development activity has occurred under their ownership
Required permits and/or use authorizations were not sought
authorizing business activities on all 3 properties:
–121
–240
–135

24. Conclusion
GPITA, LLC (038)
–David Shelley Jr. and Barbara Shelley are the managers of the LLC
–All woodchipping, wood mulching and/or composting activities have occurred
under their ownership
–No special exception was sought or is on file authorizing the business activities
on the property
• 038