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HomeMy WebLinkAbout1309-16 Amend TIF Ordinance #1003 (CRA Authority to waive TIF) 7.!' I11111111111IIIIIIIIII111111111111111111111111111111 IIIIIII 2016198751 Rcpt:1823515 Rec: 52.50 DS: 0.00 IT: 0.00 ORDINANCE NO.: 1309-16 12/19/2016 K. R. M. , Dpty C erk in ' AN ORDINANCE AMENDING CITY OF ZEPHYRHILLS ORDINANCE NO. 1003-08 TO MODIFY THE DEFINITION OF THE COMMUNITY REDEVELOPMENT AGENCY DISTRICT, TO MODIFY THE BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AGENCY DISTRICT, ELIMINATING THE AUTOMATIC EXEMPTIONS OF TRANSPORTATION .IMPACT FEES WITHIN THE BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AGENCY DISTRICT, GIVING THE COMMUNITY REDEVELOPMENT AGENCY COMMISSION THE • 'AUTHORITY TO WAIVE OR REDUCE TRANSPORTATION IMPACT FEES FOR NEW DEVELOPMENT WITHIN THE BOUNDARIES OF THE COMMUNITY REDEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION AND AN EFFECTIVE DATE. PAULA S.O'NEIL,Ph.D.PASCO CLERK & COMPT OL EL R. 112/19/2016 11:01am 1 of 6 OR Bk 9473 PG 121 WHEREAS, the City Council has authority to adopt this ordinance through general home rule powers pursuant to Article VIII of.the 1968 Florida Constitution, and Chapters 166 and 163, Florida Statutes; and WHEREAS, the City passed Ordinance No.: 1003-08 on its second reading on the 28th day of April, 2008 which addressed transportation impact fees within the incorporated area of the City' of Zephyrhills; and WHEREAS, Ordinance No.: 1003-08 provided a boundary of the Community Redevelopment District and provided for an automatic exemption of Transportation Impact Fees on new development within the boundaries of the Community Redevelopment District; and WHEREAS, Transportation Impact Fees are intended to provide public method to finance infrastructure impacted by new growth within the incorporated area of the City of Zephyrhills; and WHEREAS,the Community Redevelopment Agency (CRA) has a mission to develop strategies for the growth and development of the CRA district, including providing incentives for residential properties and businesses locating within the district or redeveloping their properties. Flexibility is a vital tool to CRA strategy in measuring impacts within the district and in encouraging business mixes within the district; and • WHEREAS,, every new development within the CRA district may not foster the goals of the CRA or conform to the CRA Mater Plan. The ability of the CRA to waive or reduce • Transportation Impact Fees for new developments within the CRA district is a vital tool to help the CRA meet its goals and to encourage new development that is in conformity with the CRA Master Plan; and WHEREAS,this ordinance is consistent with the City of Zephyrhills Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting in regular session that: - SECTION I. AMENDMENT TO DEFINITIONS 1. The definition of"Community Redevelopment District (CRA)" is hereby deleted and replaced with the following: "Community Redevelopment District (CRA)" shall mean the area as-expanded in 2015 and as reflected on the legal description and survey sketch attached hereto as Exhibit "1"- and by reference made apart hereof. 2. Exhibit "A" to Ordinance 1003-08 is hereby deleted and replaced with Exhibit "1" as attached hereto. Record and Return to: City Clerk's Office 5335 8th Street 1 Zephyrhills, FL 33542 OR BK 9473 PG 1217 2 • of .6 SECTION II. AMENDMENT TO SECTION 12 -EXEMPTION AND CREDITS 1. Section 12, Subsection A., Subsection 6. of Ordinance 1003-08 which creates an exemption to Transportation Impact Fees in the CRA District is hereby deleted: SECTION III. COMMUNITY REDEVELOPMENT DISTRICT ("CRA") 1. Ordinance 1003-08 as amended herein shall now apply to all new development within the boundaries of the CRA District except as provided herein. 2. The City Council hereby grants authority to the CRA Commission to waive or reduce Transportation Impact Fees on new development within the CRA District that the CRA Commission determines to further the goals of the CRA and conforms to the CRA Master Plan. 3. All new developments within the CRA District shall be assessed Transportation Impact Fees pursuant to Ordinance 1003-08 as amended herein unless specifically reduced or waived by the CRA Commission. 4. Developers wishing to have Transportation Impact Fees reduced or waived, shall petition the CRA before beginning construction. All petitions shall be submitted in writing and shall describe the new development, state how the new development furthers the goals of the CRA and how the new development is consistent with the CRA Master Plan. SECTION IV. SEVERABILITY. It is declared to be the intent of the City Council of the City of Zephyrhills Florida,that if any section, subsection, sentence, clause or provision of this ordinance shall be declared invalid by a court of competent jurisdiction, the remainder of this ordinance shall be construed as not having contained said section, subsection, sentence, clause or provision, and shall not be affected by such holding. SECTION V. REPEALER. Any and all ordinances in conflict-herewith are-Hereby repealed to the extent of any conflict. SECTION VI. CODIFICATION. The provisions of this Ordinance shall be codified as and become part of the Code of Ordinances, City of Zephyrhills. The sections of this Ordinance may be re-numbered or re- lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article" or other appropriate word. • SECTION VI. EFFECTIVE DATE. This ordinance shall become effective immediately upon passage on the second reading and,signing by the Mayor. ��:' 7� . `2}7g rrg'idJxlinance No._1309J6 was read and passed on the first reading in an open and City Council of the City of Zephyrhills, Florida, on this 28th day of % V ( 7L- � '`=.,,•, a, orS�' oHillman, City Clerk Kenneth V. Compton, Council President 2 1 OR BI( 9473 PG 1218 3 of 6 The re o Q�rd nance No. 1309-16 was read and passed on the second reading, following Pub c� .e fmg, In 1 pen and regular meeting of the City Council of the City of Zephyrhills Fionc�a;fln �12thdat;.of December, 2016. I/ qYf'; ________ 1(cr V ( 2 Clerk Kenneth V. Compton, Council President !/r,L> The ford l t nce No. 1309-16 was approved by me this 12th day of December, 2016. Gene itfield, May Approved as to legal form and egal content Matthew E. Magg , ity Attorney I _ 3 OR BK 947 PG 1219 4 of 6 XHBT1 E — CRA:BOUNDARY (SKETCH AND LEGAL DESCRIPTION) For a POINT OF BEGINNING,commence at the Southwest corner of the intersection of South Avenue and 17th Street;thence Southerly along the West right-of-way of said 17th Street,to the North right- of-way of C Avenue;thence Westerly along the North right-of-way of said C Avenue,to the Northerly prolongation of the East boundary of that parcel described in Official Records Book 8839,Page 1183, of the public records of Pasco County,Florida;thence Southerly along the Northerly prolongation and continuing along the East boundary of said parcel,to the North boundary of that parcel described in Official Records Book 8884,Page 2689,of the public records of Pasco County,Florida;thence Easterly and continuing clockwise around said parcel described in Official Records Book 8884, Page 2689,to the intersection of the South boundary of said parcel and the East right-of-way of Gall Boulevard; thence Northerly along said East right-of-way of Gall Boulevard, to the Northeast corner of the intersection of Gall Boulevard and the aforementioned C Avenue; thence Westerly along the North right-of-way of said C Avenue,to the Southeast corner of WINTERS MOBILE HOME PARK as described in Official Records Book 955,Page 76,of the public records of Pasco County,Florida;thence Northerly and continuing counterclockwise around said WINTERS MOBILE HOME PARK,to the South right-of- way of State Road 54; thence Southwesterly along the South right-of-way of said State Road 54,to the Northwest corner of that parcel described in Official Records Book 5306,Page 1128,of the public records of Pasco County,Florida;thence Southerly along the West boundary of said parcel described in Official Records Book 5306, Page 1128 and continuing along the West boundary of WINTER'S SUBDIVISION,as per the plat thereof recorded in Plat Book 8,Page 79,of the public records of Pasco County, Florida,to the Northeast corner of that parcel described in Official Records Book 288, Page 201,of the public records of Pasco County,Florida;thence Westerly along the North boundary of said parcel described in Official Records Book 288, Page 201, to the Northeast corner of that parcel described in Official Records Book 8575, Page 3625, of the public records of Pasco County, Florida; thence Southerly along the East boundary of said parcel described in Official Records Book 8575, Page 3625,to the North right-of-way of Waverly Avenue; thence Westerly along said North right-of- way of Waverly Avenue, to the Southwest corner of that parcel described in Official Records Book 8874, Page 3983, of the public records of Pasco County, Florida; thence Northerly along the West boundary of said parcel described in Official Records Book 8874, Page 3983,to the South boundary of that parcel described in Official Records Book 9200, Page 274, of the public records of Pasco County, Florida;thence Westerly and Northerly along the South and West boundaries of said parcel described in Official Records Book 9200, Page 274,and continuing along the West boundary of that parcel described in Official Records Book 5292, Page 593, of the public records of Pasco County, Florida, to the South right-of-way of the aforementioned State Road 54; thence Easterly along said South right-of-way of State Road 54, to the Southerly prolongation of the West boundary of that parcel described in Official Records Book 8954, Page 2103, of the public records of Pasco County, Florida;thence Northerly along said Southerly prolongation and continuing along the West boundary of said parcel described in Official Records Book 8954,Page 2103,and continuing Easterly along the North boundary of said parcel described-in Official Records Book 8954, Page 2103, to the West boundary of that parcel described in Official Records Book 3707, Page 359,of the public records of Pasco County, Florida; thence Northerly and continuing clockwise around said parcel described in Official Records Book 3707, Page 359, to the Southwest corner of that parcel described in Official Records Book 7834, Page 1882,of the public records of Pasco County, Florida;thence Northeasterly along the South boundary of said parcel described in Official Records Book 7834, Page 1882, to the Southwest corner of that parcel described in Official Records Book 3871, Page.608, of the public records of Pasco County,Florida;thence Northerly and Easterly along the West and North boundaries of said parcel described in Official Records Book 3871, Page 608, to the Southwest corner of that parcel described in Official Records Book 3342, Page 49, of the public records of Pasco County, Florida;thence Northerly and Easterly along the West and North boundaries of said parcel described OR BK 9473 PG 1220 5 of 6 in Official Records Book 3342, Page 49, and continuing along the Easterly prolongation thereof, of said parcel,to the east right-of-way of 1st Street;thence Northerly along said East right-of-way of 1st Street, to an intersection with the North right-of-way of 14th Avenue; thence Westerly along the North right-of-way of said 1411,Avenue, to the Southwest corner of that,parcel described in Official Records Book 3626,Page 537,of the public records of Pasco County,Florida;thence Northerly along } the West boundary of said parcel described in Official Records Book 3626,Page 537,continuing along the East boundary of FOREST HEIGHTS, as per the plat thereof recorded in Plat Book 8, Page 10,of the public records of Pasco County, Florida, and the Northerly prolongation thereof, to the North right-of-way of Geiger Road;thence Westerly along the North right-of-way of said Geiger Road,to the East boundary of PARKVIEW ACRES,as per the plat thereof recorded in Plat Book 8, Page 52,of the public records of Pasco County,Florida;thence Northerly along the East boundary of said PARKVIEW ACRES and continuing along the East boundary of PARKVIEW ACRES 1st ADDITION,as per the plat thereof recorded in Plat Book 8,Page 80,of the public records of Pasco County, Florida,to the South boundary of PARKVIEW ACRES 2nd ADDITION,as per the plat thereof,recorded in Plat Book 8,Page 116,of the public records of Pasco County,Florida;thence Easterly along the South boundary of said PARKVIEW ACRES 2nd ADDITION and continuing along the Easterly prolongation thereof,to the East right-of-way of the aforementioned Gall Boulevard; thence along the East right-of-way of said Gall Boulevard,to the South right-of-way of County Road 54;thence Easterly along the South right-of-way . of said County Road 54,to the Northeast corner of that parcel described in Official Records Book 8668, Page 2843, of the public records of Pasco 'County, Florida; thence Southerly along the East boundary of said parcel described in Official Records Book 8668,Page 2843 and continuing along the Southerly prolongation thereof,to the South right-of-way of Henry Drive; thence Easterly along the South right-of-way of said Henry Drive,to the West right-of-way of 8th Street;thence Southerly along the West right-of-way of said 8th Street and continuing along the Southerly prolongation thereof,to the South right-of-way of North Avenue; thence Easterly along the South right-of-way of said North Avenue,to the West right-of-way of 16th Street;thence Southerly along the West right-of-way of said 16th Street,to an intersection with the South right-of-way of 6th Avenue;thence Easterly along the South right-of-way of said 6th Avenue, to the West right-of-way of the aforementioned 17th Street; thence Southerly along the West right-of-way of said 17th Street to the POINT OF BEGINNING. { i - OR BK 9473 PG 1221 6 of 6 ll ,Ei It 1 Ll I-", : `�y� 1 I -titFrltlf E tt ��L F�� I fl Hi . 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