HomeMy WebLinkAboutR-1991-145 RESOLUTION NO. 145-91
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN
THE CITY OF DANIA AND MAXWELL L. COLEMAN
TRUST; AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the certain Pre-Annexation Agreement between
the City of Dania and Maxwell L. Coleman Trust, a copy of which is
attached hereto and made a part hereof as Exhibit "A", be and the
same is hereby approved and the appropriate city officials are
directed to execute same.
Section 2. That this resolution shall be in force and take
immediate) u�•
effect its y on p passage and adoption.
fPASSED and ADOPTED this 10th day of December 1991 .
1 ;
MAYOR COMMISSIONER
ATTEST:
' Re
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By:
La ��• G
FRANK C. ADLER, City Attorney
145-91
Resolution No.
i
i
4,
4:
PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement ( "Agreement" ) is made and
entered into this day of December, 1991, by and between the
CITY OF DANIA, FLORIDA, a Florida municipal corporation,
(hereinafter referred to as the "City" ) and the MAXWELL L. COLEMAN
TRUST, its successor and/or assigns, (hereinafter referred to as
the "Owner" ) .
RECITALS:
WHEREAS, Owner holds fee simple title to the property as
described in Exhibit A (hereinafter referred to as "Property" ) ; and
WHEREAS, the City desires to annex the property into the City
and to that end will initiate the process required by law to enact
an ordinance adopting a Petition for Voluntary Annexation of the
Property into the City filed by Owner, pursuant to Section
171.044(2) , Fla. Stat. ; and
WHEREAS, Owner and the City believe that it is in their mutual
, • ,; best interests to assure that the existing "B-2 General Business"
zoning of the property under the Broward County Zoning Code and
Comprehensive Land Use Plan and current development codes and
1' regulations continue to be applicable to the property afterWK
annexation.
k NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10. 00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Owner and
the City agree as follows:
t•
Y 1. Recitals . The foregoing recitals are true and correct and
" are hereby incorporated herein by this reference and made a part
of this Agreement. All exhibits to this Agreement are hereby
deemed to be a part hereof.
2 . Property. As used herein, the term "Property" shall mean
that certain parcel of real estate situate in unincorporated
Broward County, Florida, which is legally described on Exhibit "A"
attached hereto and by this reference made a part hereof.
3 . Annexation. Together with the execution of this
Agreement, Owner has voluntarily petitioned the City to annex the
property into the City pursuant to the Petition, by completion and
submission of the form annexed hereto as Exhibit "B" . The City
has initiated the process to and shall promptly accomplish and
complete annexation of the Property into the City in the manner
provided by Section 171.044(2) , Fla. Stat. , and all other
applicable state and local laws and regulations .
1
EXHIBIT "A"
Mi
4 . 1 Land Use. Zoning and Land Development Regulations.
The City acknowledges and accepts that the Property is
currently depicted on the Broward County Land Use map as Industrial
and that the Property has been granted commercial land uses under
the commercial flexibility rules using the 20% flexibility rule
within the Industrial land use category by Broward County, Florida.
Upon annexation of the Property into the City, the City will cause
the Property to bear a City land use designation of industrial with
commercial flexibility or commercial and may upon agreement of both
parties, change the zoning designation to a City zoning designation
which the City represents will be an identical zoning designation
to the existing Broward County 11B-2 and B-3 General Business"
zoning, including all permitted and special exception uses, and
that said zoning will continue unchanged for a period of 20 years
following the annexation, unless sooner changed to an alternate
zoning designation such as City of Dania existing zoning
designation of 11C-4 Commercial District", including all permitted
uses and special exception uses thereof, upon the petition of
owner. The City further represents that the said County or City
zoning designations and the uses permitted thereunder will be
incorporated into the City's Comprehensive Land Use Plan and use
regulations.
�+ 4 .2 The use, development and regulation of the Property and
businesses operating on the Property now or in the future shall be
governed by the Broward County Code sections or the City of Dania
v code sections, whichever are less restrictive. The City of Dania
shall not adopt any land use or development ordinance or regulation
' pertaining to any of the property described in Section 2 of this
act until after January 1, 2012 without the prior written consent
of the Owner of the Property. All businesses operating now or in
the future on the Property annexed in to the City of Dania by this
` ordinance shall be allowed to develop the property annexed herein,
and do business pursuant to the existing provisions of the Broward
County Code of Ordinances as amended, or the City of Dania Code of
Ordinances as amended whichever are less restrictive and have those
provisions enforced in an equal and reasonable manner, including,
but not limited to, provisions relating to hours of operation
signs, parking, landscaping, open space code enforcement, noise,
building setbacks and heights, concurrency requirements and other
regulations affecting the conduct of business on, or use of the
Property hereby annexed. Approved plats, site plans, land
development licenses, permits and other development orders and
development permits as defined in Section 163 . 3164, Florida
Statutes ( 1987) which have been granted or approved for the
Property annexed into the City of Dania by this act prior to
December 1, 1991 shall not be modified by the City of Dania. Such
approved plats, site plans, land development licenses, permits,
development orders or development permits shall not be required to
obtain any further review or approval by the City of Dania. No
plat, site plan, land development license, permit, development
order or development permit application or any application to amend
2
1
,
Y:
1 r
any plat, site plan, license, permit, development order, or
development permit for this Property being annexed
develo development the
review
of Dania shall be subject to any condstanition more r estrictive,
procedure, other procedure, provisions of the Broward
stringent or costly than the existingnedxce t that the City of Dania
P
County Code of Ordinances v w any applications which would have
Review Committee shall review any aPP
been reviewed by the Broward
County
Deveand lop the eCityeof Dania 1City
o
if the p Pe Y applications which would have been
Commission shall review any aPP
reviewed by the Broward County Board of County Commissioners if the
property were not annexed.
4 .3 The following specific agreements have been reached
between the City and the Owner and are inducements by the City to
Owner for Owner's annexation into the City of Dania:
a, The City recognizes the land use designation of the
Property is Industrial land use with
City agrees ercial xthat lbothsthe
,. the 20% flexibility rule. Further, Y
Industrial designation and the Commercial designation do not
preclude or adversely affect the existing or future uses orized
of the
surrounding areas. Such land use designations and their autho
uses are acceptable to the City.
? b, The City currently has established its own set of
concurrency regulations which do not apply to of
the Property as es
this date. Since the Property was platted in 19ne the City agrees
that the Property has vested rights for development up tlimitso at ethe
250,000 square feet of building area. This in no way
Owner's ability to seek approval for additional square footage. The
City acknowledges that it has sufficient ca acpublic andser has reserved the
such capacity for the providing of all
Property except for water and sewer which is provided
ff y to
the
regional utility system. city agrees to make every
service to
assure Owner sufficient capacity for water and sewer n effort
handle the capacity described above and agrees to oppose , Y
to assess vacant property owners with a special assessment or fee
to increase plant capacity or extend the water or sewer lines if
that assessment or fee is not distributedequally
ly across all users
of the utility system or by general bond issue.
C . The City of Dania acknowledges and accepts the current
uses of the Property for the existing three billboard signs.
Further, the City agrees that the size, height, setback, spacinhe
g
and other regulations
eg l do Owner toe itsl successors ore ass gnse needacceptd bytto
City.
Operate, maintain, repair, relocate, or replace such signs in the
future, the City of Dania agrees to provide all of the necessary
approvals.
a acknowledges that this Property is
d. The City of Dani
3
i
Mi
� v
designated as environmentally sensitive by several regulatory
agencies . The City agrees not to requireenvironmental
ew but rather
act
assessment (Chapter 29, Article 3(g) ) for City
revwill accept as sufficient the requirements, permits and mitigation
by the other regulatory agencies
measures imposed upon the Owns':
operty and will not interfere or
having jurisdiction over the Pr
object to such permitting.
e, The City will allow owner, its successors, or assignsing to
clear and develop the Property under le existing
regulation
tive regulations
tree preservation and shall not apply period of
to the clearing or developing of the Property for a p
twenty (20) years .
f. The City acknowledges that the current height restriction
for development of the Property under the Broward County Code is
one hundred ( 100) feet. The City has no objection to such a height
restriction being applied to the Property and shall grant such
approvals/limits as may be needed to accomplish the intentest yOwnerhto
-� provision. The City furtherl a d rc
/orill suzoningort a regulations by Owner
allow
amend the existing p
construction up to a height of one hundred feet ( 100' ) .
g, The City agrees to apply its existing open space
requirements for commercial and industrial developmentears , to
i development of the Property for a period of twenty (20) y
h, The City acknowledges and approves owner's efforts to
,w obtain water access from its abutting neighbor and will approve the
use and development of the Property using water access .
5 , Due Diligence. The City covenants that it shall
Iimmediately commence all actions and execute any documents as are
necessary and appropriate to fulfill the City's obligations under
this Agreement and shall diligently pursue the same throughout the
existence of this Agreement.
5 , Misce�ous-
A, Entire Agreement. This Agreement sets forth all the
promises, covenants, agreements, conditions and understandings
between the owner and the City, and supersedes inducementsall prior and
contemporaneous agreements, understandings,
or
conditions, express or implied, oral or written, except as herein
contained.
B. Sever_ a_ b_ ility• The invalidity of any provisions hereof
shall in no way affect or invalidate the remainder of this
Agreement.
4
i
i
l
C. Counterparts . This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original but
all of which together shall constitute one and the same instrument.
D. Headings . The section headings contained in this
Agreement are inserted for convenience only and shall not affect
in any way the meaning or interpretation of the Agreement.
E. Governing Law. This Agreement shall be construed in
f the State of Florida, and any
accordance with the laws o
proceedings arising in any matter pertaining to this Agreement
shall, to the extent permitted by law, be held in Broward County,
Florida.
F. Binding Effect. The obligation is imposed pursuant
roert bind the
to this Agreement
covenants n running with shall
the r
the land n t d and this Agreement
Property
shall be binding upon and enforceable by Owner and the City, an
their personal representatives, heirs, successors, grantees and
assignees, in accordance with the terms hereof.
Ni IN WITNESS WHEREOF, Owner and the City have executed this
Agreement as of the day and year first above written.
:j
a: j CITY:
THE CITY OF DANIA, FLORIDA, a
Florida Municipal Corporation.
ATTEST: By.
ROBERT MIRES, as Mayor-
s Commissioner
CITY AUDITOR - CLERK
By. ROBERT FLATLEY, as City Manager
APPROVED AS TO FORM AND CORRECTNESS
By:
FRANK C. p,DLER, City Attorney
5
t -
Signed, Sealed and Delivered MAXWELL L. COLEMAN TRUST
in the presence of:
By:
Witness as to Owner as Trustee of the Maxwell
L. Coleman trust,
established in the Last
Will & Testament of Maxwell
L. Coleman
Witness as to Owner
STATE OF FLORIDA )
)SS:
COUNTY OF BROWARD )
BEFORE ME, the undersigned officer duly authorized in the
State and County aforesaid t administer ROBERT MIKES s Mayor-
acknowledgements,.; acknowledgements, personally appeared
Commissioner, City Manager and WANDA MULLIKIN, as City Auditor-
Clerk meo
Clerk of the CITY OF DANIA, a Florida municipal corporation,
l personally known and known to me to be the persons described in and
who executed the foregoing instrument, and who acknowledged before ,
me that they executed same.
J
� WITNESS my hand and official seal in the State and County
1991 .
aforesaid this day of
Notary Public
I
My Commission Expires:
STATE OF FLORIDA )
)SS:
COUNTY OF BROWA.RD )
BEFORE ME, the undersigned officer duly authorized in the
State and County aforesaid to administer oaths and take
acknowledgements, personally appearedas Trustee of the Maxwell L.
Coleman trust, to me personally known and known to me to be the
6
1 y
-v\
persons described in and who executed the foregoing instrument, and
who acknowledged before me that they executed same.
WITNESS my hand and official seal in the State and County
1991.
aforesaid this ___
day of
Notary Public
My Commission Expires:
,
j
7
1
4i
_TEM @1 .2
x
MEMORANDUM
TO: ROBERT FLATLEY, CITY MANAGER
FROM: DAN OYLER, CITY PLANNER
DATE: December 4 , 1991
RE. PRE- ANNEXATION AGREEMENT FOR PROPERTY OWNED BY THE
MAXWELL L. COLEMAN TRUST.
f State Road 84 adjacent
The property is located on the north side o
to Secret Woods Park in the �eewillown haves annexed Marinathree (3)Mile `�parcels
annexation of this property
into the City of Dania.
�Y Briefly the annexation agreement contains the following provisions , do
which secures the development rights the property owner now has .
1 , The existing zoning (B-2) and Land Use (Industrial) shall
i remain the same and the Broward County Zoning code and Land
Use Plan shall govern eti don of the ownera period of 20 years
'.� unless changed by p
`w 2 . Recognizes vested rights for development of up to 250 , 000 sq.
ft . of building area .
3 . The 3 billboard signs shall be allowed to remain .
4 . City accepts the existing environmental review and development
criteria of the environmental permitting agencies.
5 . Clearing and developing of the property shall be under current
regulations for tree preservation .
6 . City recognizes the existing height regulations of 100 feet.
7 . Open Space Regulations shall be per Dania City Code .
i
Z
pIVE�
SECRET WOODS PARK
�gyp
r' SUBJECT ANIA CITY LIMITS
PROPERTY
6A
cr
�� � � � - ����� � �.� �•�.�' . / � ROAD
�•, St
AT E
W
W
r
a DANIA CITY LIMITS
1
' 1
I
�t