HomeMy WebLinkAbout2008 11 24 Regular 602 Pre-Annexation Agreement for South Seminole Christian Church PropertyCOMMISSION AGENDA
ITEM 602
November 24, 2008
Meeting MGR. ~~ /De t.
REQUEST: The Community Development Department -Planning Division requests a City
Commission Consider and Approve the attached Pre-Annexation Agreement for the South
Seminole Christian Church property which is contiguous to the City and is located at 300 West
SR 434 (adjacent to the south side of Barrington Estates).
PURPOSE: To consider the attached Pre-Annexation Agreement of Metro Church of Christ,
Inc. for the South Seminole Christian Church property (Tax Parcel ID # 04-21-31-300-0150-
0000) at 300 West SR 434 (adjacent to the south side of Barrington Estates), which totals
approximately 2.91 acres and which is contiguous to the City.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute Chapter 171. Municipal Annexation or Contraction.
Florida Statute Chapter 171.044 (1). The owner or owners of real property in an unincorporated
area of a county which is contiguous to a municipality and reasonably compact may petition the
governing body of said municipality that said property be annexed to the municipality.
Winter Springs Charter Section 2.03. Annexation procedure.
CHRONOLOGY:
Auk 12, 2008- Application and draft Pre-Annexation Agreement Received
Sept. 2, 2008 Staff Review Meeting on Pre-Annexation Agreement
Nov. 24, 2008- City Commission consideration of Pre-Annexation Agreement
CONSIDERATIONS:
Metro Church of Christ, Inc., owner of the real property located at 300 West SR 434 in
Seminole County has applied for voluntary annexation into the City of Winter Springs.
The subject property is contiguous to the City and meets statutory requirements for
annexation into the City.
Consent
Information
Public Hearin
Re ular X
November 24, 2008
Regular Agenda Item 602
Page 2 of 2
• The Comprehensive Plan [FLUE Objective 1.6] establishes a policy for annexation which
encourages the efficient use of public facilities and services, eliminates areas of jurisdictional
problems, and provides for sound growth and development of the City.
• As part of the annexation request, Metro Church of Christ, Inc. wishes to enter into aPre-
Annexation Agreement to memorialize certain considerations prior to the formal annexation
of the property. These terms include:
o Current and continuing uses of the subject property (see Exhibit B);
o No physical improvements required to the parking, landscaping, or buffering;
o Construction of dumpster enclosure & sign improvements to be made within a certain
time frame in compliance with City code;
o Water service to continue from the City of Oviedo
o Sanitary sewer to continue use of on-site septic system
o Utility easement to be granted to the City of Winter Springs
o Requested future land use and zoning designations and right to rescind annexation
request
STAFF RECOMMENDATION:
Staff recommends that the City Commission consider and authorize the Mayor to sign the
proposed Pre-Annexation for the property located at 300 West SR 434 (adjacent to the south side
of Barrington Estates), equaling approximately 2.91 acres and owned by Metro Church of Christ,
Inc..
IMPLEMENTATION SCHEDULE:
December 8, 2008- ls` Reading of Ordinance 2008-20, annexing the property at 300 W SR
434
December 18, 2008- Annexation Public Noticing in Orlando Sentinel (2x in 2 consecutive weeks)
December 25, 2008- Annexation Public Noticing in Orlando Sentinel (2x in 2 consecutive weeks)
January 12, 2009- 2°d Reading and Adoption of Ordinance 2008-20 annexing the subject
property at 300 W SR 434
ATTACHMENTS:
A. Proposed Pre-Annexation Agreement
COMMISSION ACTION:
ATTACHMENTA
PREPARED BY AND RETURN COPY TO:
Anthony A. Garganese
City Attorney
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
407-425-9566
PRE ANNEXATION AGREEMENT
THIS PRE ANNEXATION AGREEMENT (the "Agreement") is made and executed this
day of , 2008, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (the "City" or "City of Winter Springs"), whose address is 1126 E. State Road 434,
Winter Springs, Florida 32708, and METRO CHURCH OF CHRIST, ("Metro" or "MCC") a Florida
not for profit corporation ,whose address is 1491 E State Road 434 #102, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, Metro has an equitable interest in certain real property located within
unincorporated Seminole County more particularly described in EXHIBIT "A." which is attached hereto
and incorporated herein by this reference (the "Property"); and
WHEREAS, Metro currently utilizes the property for various uses and intends to maintain those
uses as more particularly described in EXHIBIT "B." which is attached hereto and incorporated herein
by this reference (the "Current Uses"); and
WHEREAS, Metro intends for this Agreement to constitute a voluntary petition to annex the
Property into the municipal boundaries of the City of Winter Springs; and
WHEREAS, Metro intends to request that the City Commission amend the City's future land
use map and zoning map in conjunction with the annexation of the Property; and
WHEREAS, Metro has voluntarily agreed to enter into this Agreement for the annexation of the
Property; and
WHEREAS, the City and Metro acknowledge that pursuant to Objective 1.8 of the Future Land
Use Element of the City's Comprehensive Plan, the City has established a policy of annexation which
will provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional
problems, and provide for sound growth and development of the City and surrounding area; and
WHEREAS, the City and Metro desire to set forth the following special terms and conditions
with respect to the operation of the Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by this reference.
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 1
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule
Powers Act.
3. Owners Obligations and Commitments. In consideration of the City and Metro entering
into this Agreement, the City and Metro hereby agree as follows:
3.1 Upon annexation and prior to the redevelopment of the Property, Metro agrees to
limit the uses to the Current Uses (or uses similar in nature) on the Property as described in EXHIBIT
"B." In furtherance thereof, the Metro shall not make any substantial physical changes to the exterior of
the existing buildings and site fixtures until such time as Metro submits plans and receives permits from
the City for the redevelopment of the Property consistent with the City's future land use designation and
zoning classification. This provision does not prevent the City from initiating code enforcement actions
against the Property related to the proper maintenance of any buildings and facilities located thereon.
Further, this provision does not exempt Metro from the requirements of the Florida Accessibility Code,
Chapter 11, or from occupancy separation requirements of the Florida Building Code.
3.2 Prior to the redevelopment of the Property and notwithstanding the City Code
provision related to dumpster enclosures, the City shall not require any physical improvements to the
Property's existing parking area, landscaping and buffering. However, construction of a dumpster
enclosure shall be completed no later than 180 days after annexation. This provision does not prevent the
City from initiating code enforcement actions against the Property related to the proper maintenance of
any buildings and facilities located thereon.
3.3 It is acknowledged that the Property is currently provided potable water service from
the City of Oviedo. At such time Metro submits plans, receives permits from the City and commences
construction of said improvements for the re-development of the Property, Metro will connect to the
City's potable water system when it is available at the boundary of the Property.
3.4 It is acknowledged that the Property currently utilizes a private, on-site sewage
treatment facility (septic tank). Until such time as Metro submits plans and receives permits for the
redevelopment of the Property, Metro will not be obligated to change its current form of sewage
treatment, provided said system does not become inoperable or detrimental to the health, safety and
welfare of the general public. At such time Metro re-develops the Property, Metro shall connect to the
City's central sewerage system to the extent required by applicable state and local rules and
regulations, including, but not limited to section 381.00655, Florida Statutes.
3.5 Metro shall pay all costs related to the recording of this Agreement.
3.6. The City agrees that the Commission of the City of Winter Springs shall consider
annexing the Property with substantially similar and comparable comprehensive land use designation as
other Properties under the City's jurisdiction along SR 434. The comprehensive land use designation
shall be considered by the Commission for approval, disapproval or modification pursuant to applicable
state and local law. In no way whatsoever shall this paragraph be construed as a contractual obligation
of or promise by the City to give the Property apre-determined City comprehensive plan designation.
However, it is understood that Metro's intended comprehensive plan designation for the Property is
Commercial. If upon annexation of the Property, the City Commission does not approve changing the
City's future land use designation on the Property to Metro's intended use or a mutually agreeable
alternative, then metro shall have the right to rescind its request to the annexation and this Agreement
will be considered null and void.
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 2
3.7 The City agrees that the Commission of the City of Winter Springs shall consider
annexing the Property with substantially similar and comparable zoning designation as other Properties
under the City's jurisdiction along SR 434. The zoning designation shall be considered by the
Commission for approval, disapproval or modification pursuant to applicable state and local law. In no
way whatsoever shall this paragraph be construed as a contractual obligation of or promise by the City
to give the Property apre-determined zoning designation. However, it is understood that Metro's
intended zoning designation for the Property is C-1, Neighborhood Commercial. If upon annexation of
the Property, the City Commission does not approve changing the zoning designation of the Property to
Metro's intended use or a mutually agreeable alternative, then Metro shall have the right to rescind its
request to the annexation and this Agreement will be considered null and void.
3.8 Metro shall make improvements to the existing identification sign located on the
Property in accordance with Sec. 20-470 and Sec. 16-51 through 16-61 of the City land development
code.
3.9 Within 120 days of approval of this Agreement, annexation , a change to the future
land use and zoning as set forth herein, Metro shall commence construction of improvements to the
project identification sign.
3.10 Within 120 days of the approval of this Agreement, annexation, a change to the
future land use and zoning as described in sections 3.6 and 3.7 Metro shall grant a 15'x15' utility
easement to the City. Said easement shall be in a form acceptable to the City Attorney. It is understood
that the purpose of this easement is for City improvements to their potable water system. This condition
is subject to the City providing Metro with a sketch of legal description for the utility easement and
Metro's approval of the location. The City shall pay all survey, legal and recording fees regarding this
easement.
4. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and
are incorporated herein by reference.
5. Captions and Paragraph Headings. Captions and paragraph headings contained in this
Agreement are for convenience and reference only, and in no way define, describe, extend or limit the
scope of intent of this Agreement, nor the intent of any provision hereof.
6. Counterparts. This Agreement may be executed in several counterparts, each constituting a
duplicate original, but all such counterparts constituting one and same Agreement.
7. Further Assurances. Each of the parties hereto agrees to do, execute, acknowledge and
deliver, or cause to be done, executed, acknowledged and delivered, all such further acts, and assurances as
shall be reasonably requested by the other party in order to carry out the intent of this Agreement and give
effect thereto. Without limiting the specific rights and obligations set forth in this Agreement, the parties
hereby declare their intention to cooperate with each other in effecting the terms of this Agreement, and to
coordinate the performance of their respective obligations under the terms of this Agreement. To the extent
any terms or provisions of this Agreement conflict with the development conditions or other rules and
regulations of the City which may otherwise govern the redevelopment of the Property, the terms and
conditions of this Agreement shall prevail.
Notices. Any notices or reports required by this Development Agreement shall be sent to
the following:
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 3
For the City: Mr. Ron McLemore
City Manager
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
With a copy to:
Anthony A. Garganese
City Attorney
111 N. Orange Avenue
Suite 2000
Orlando, FL 32802
For the Property Owner: Mr. Daniel Holland
Senior Pastor
Metro Church
1491 E State Road 434 # 102
Winter Springs, FL 32708
9. Representations of t h e Parties . The City and Metro hereby each represent and warrant
to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this
Agreement and has taken all necessary action to authorize the execution, delivery and performance of this
Agreement. This Agreement will, when duly executed and delivered by the City and Metro and recorded in
the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this Agreement.
Metro represents that it has voluntarily and willfully executed this Agreement for purposes of binding the
Property to the terms and conditions set forth in this Agreement.
10. Successors and Assiexts. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Metro. and their respective successors and assigns. The terms and
conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same.
11. Ayulicable Law; Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue for any litigation pertaining to this Agreement shall be in
Seminole County, Florida.
12. Written Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City
Commission.
13. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and
contains the entire agreement between the City and Metro as to the subject matter hereof.
14. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable
to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or
enforceability of the remainder of this Agreement.
15. Recordation. This Agreement shall be recorded in the Public Records of Seminole County,
Florida. Metro shall reimburse the City for the cost of recording this Agreement.
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 4
16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual
and Metro is an religious based non profit organization and not an agent of the City. Nothing herein shall be
deemed to create a joint venture or principal-agent relationship between the parties and neither party is
authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate
any such relationship with the other.
17. Sovereigai Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive
damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars
($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or
judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive
termination of this Agreement.
18. City's Police Power. Metro agrees and acknowledges that the City hereby reserves all
police powers granted to the City by law. In no way shall this Agreement be construed as the City
bargaining away or surrendering its police powers.
19. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
20. Third-Party Rights. This Agreement is not athird-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
21. ~ecific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performance of these obligations
may be obtained by a suit in equity.
22. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party shall bear their own attorney's fees and costs.
23. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular city, county, state and/or Federal
permit, condition, term or restriction shall not relieve Metro or the City of the necessity of
complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to withhold,
suspend, or terminate any and all certificates of occupancy for any building or unit if SunTrust is in
breach of any term and condition of this Agreement.
[SIGNATURE PAGE FOLLOWS]
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 5
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first
above written.
(Seal)
Attest:
By:
Andrea Lorenzo-Luaces, City Clerk
Approved by City Attorney
By:
Anthony A. Garganese, City Attorney
Witnesses:
Print Name:
Print Name:
City Commission of the City of Winter Springs
By:
John Bush, Mayor
Date:
Metro Church of Christ, Inc.
By:
Print Name /Title:
Date:
The foregoing instrument has been acknowledged, sworn to and subscribed by me this day of
2008 by as its of
Metro Church of Christ, Inc. who is personally known to me or produced
as identification.
NOTARY PUBLIC:
(sign)
(print)
Notary's Commission Expires:
Pre Annexation Agreement
City of Winter Springs /Metro Church of Christ
Page 6
F~rhihit ~~'
LEGAL DESCRIPTION
The West 425 feet of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4
of Section 4, Township 21 South, Range 31 East, less road right-of-way for State Road 419.
Being more particularly described as follows:
Commence at the Northeast corner of Section 4, Township 21 South, Range 31 East, Seminole County,
Florida; thence South 00'29'58" East along the East line of said Section 4 a distance of 2473.42 feet to
the East 1/4 corner of said Section 4; thence departing said section line, South 89'51'53" West a
distance of 25.00 feet; thence run South 00'21'31" East a distance of 25.00 feet; thence run North
89'51'53 East a distance of 25.00 feet to aforesaid East section line; thence run South 00'21'31" East
along said section line a distance of 306.84 feet to a point being the southeast corner of Tract J,
Barrington Estates as recorded in Plat 62, pages 77 through 80 of the Public Records of Seminole
County, Florida and the north line of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the
Southeast 1/4; thence South 89'50'13" West along said north section line and southerly plat line a
distance of 236.88 feet for a POINT OF BEGINNING; thence departing said southerly plat line, South
00'02'02" East a distance of 323.38 feet to the North right of way line of State Road #434; thence run
North 89'38'30" West along said right of way line a distance of 425.01 feet to its intersection with the
southeasterlymost corner of aforesaid plat; thence departing said right of way line, run North 00'02'02"
West along the west line of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said
Section 4 a distance of 319.51 feet to the north line of said South 1/2 of the Northeast 1/4 of the
Northeast 1/4; thence North 89'50'13" East along said section line a distance of 425.00 feet to the
POINT OF BEGINNING.
Containing 3.136 acres, more or less.
SHEET 1 OF 2
SURVEYOR'S NOTES: 2B1sa sK 1
1. THIS IS NOT A SURVEY.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1 4 OF THE SOUTHEAST 1/4 OF SECTION 4-21-31, ALSO BEING THE SOUTH LINE OF TRACT J,
BARRINGTON ESTATES, PER PLAT BOOK 62. PAGES 77-80. SEMINOLE COUNTY, FLA. BEING N89'S0'13"E.
JOB N0. 28164
DATE: 11/10/2008
SCALE: 1 ~=100'
FIELD BY: N/A
FOR THE LICENSED BUSINESS X6723 BY:
CALCULATED BY: MER
DRAWN BY: MER
CHECKED BY: RJT
JAMES L. RICKMAN PSM /5633
SKETCH OF DESCRIPTION
1" =100
GRAPHIC SCALE
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RANGE 31 EAST
EAST LINE, SECTION 4-21-31
EAST 1 /4 CORNER,
SECTION 4-21-31
POINT OF BEGINNING
,~OUTHERIY LINE, TRACT J
BARRINGTON ESTATES
PLAT BOOK 62, PAGES 77-80
N 89'50'13" E 425.00'
WEST LINE, NE 1/4, NE 1/4
SE 1/4, SECTION 4-21-31
S 89'51'53" W-~
25.00'
S 00'21'31" E -
25.00'
N 89'51'53" E
25.00'
S 89'50'13" W 236.88'
SOUTHEAST CORNER, TRACT J
BARRINGTON ESTATES
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NORTH LINE, SOUTH 1 /2, NE 1 /4,
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W N O T PLATTE D
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EAST LINE, WEST 425 FEET
- SOUTH 1 /2, NE 1 /4,
NE 1/4, SE 1/4, SECTION 4-21-31
S 89'38'30" E 425.01'
STATE ROAD 434 RIGHT OF WAY VARIES
SOUTHEASTERLYMOST CORNER, TRACT J
BARRINGTON ESTATES
NORTH RIGHT OF WAY LINE
SHEET 2 OF 2
~:,
16 East Plan Street
IFta Gads, Flaida 34181'1( 4Q1) ~1-585
SEE SHEET 1 FOR SURVEYOR'S NOTES:
JOB N0. 28164 CALCULATED BY: MER
DATE: 11/10/2008 DRAWN BY: MER
SCALE: 1'100 CHECKED BY: RJT
FIELD BY: N/A
28164 SK 1
Exhibit B
Current Uses:
1. Offices, professional and business -Counseling Ministries
2. Health and exercise clubs and athletic training facilities -Gold Medal Gym
3. Religious Assembly -Cornerstone Russian Church, Wayl'oint Church, and
Christian Church