HomeMy WebLinkAboutOrdinance No. 1479-24 Residential Moratorium 12 Month ExtensionINSTR# 2024103723 OR BK 11028 PG 240 Page 1 of 3
06/13/2024 08:23 AM Rcpt: 2712494 Rec: 27.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
FLORIDA ESTABLISHING A NEW 12 MONTH
MORATORIUM ON THE CONSIDERATION OF NEW RESIDENTIAL
APPLICATIONS F! ! 1 USE MODIFICATIONS,
! • PLANNED UNIT DEVELOPMENT
AMENDMENTS,1 ! FOR
PROPERTY OVER ONE . PROVIDING !' CONFLICTS,
EXEMPTIONS, SEVERABILITY, EXPIRATION 1 AN EFFECTIVE
DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021 (1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter
upon which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, the Southwest Florida Water Management District ("SWFWMD") regulates,
through the issuance of a Water Use Permit, the amount of water the City of Zephyrhills is
permitted to provide to users of the City's potable water supply; and
WHEREAS, the City of Zephyrhills has experienced substantial growth in a short time
causing the addition of new residential annexations, land use modifications, rezonings, Major
Planned Unit Development Amendments, conditional uses, and variances for property over one
acre resulting in significant increased demand for City provided potable water; and
WHEREAS, the City of Zephyrhills has approved or is in the process of approving the
maximum number of new residential annexations, land use modifications, rezonings, Major
Planned Unit Development Amendments, conditional uses, and variances for property over one
acre that the City's current Water Use Permit will allow; and
WHEREAS, the City of Zephyrhills has applied for an expansion of its Water Use Permit
and that application is under review by SWFWMD; and
WHEREAS, due to the historically high number of proposed and/or approved new
residential projects within the boundaries of the City, the City of Zephyrhills is nearing its
maximum daily usage allowed under the current Water Use Permit; and
WHEREAS, the City of Zephyrhills, through the adoption of Ordinance No.: 1461-23,
implemented a 12 -month temporary moratorium on accepting applications for new residential
annexations, land use modifications, rezonings, Major Planned Unit Development Amendments,
conditional uses, and variances for property over one acre within the City limits of the City of
Zephyrhills; and
WHEREAS, the City of Zephyrhills has been working consistently and diligently with the
help of its consultant, to answer all of the questions presented to it by SWFMWD during the Water
Use Permit Expansion Application process;
WHEREAS, the City of Zephyrhills Moratorium as establish by Ordinance No.: 1461-23
expires on June 25, 2024;
WHEREAS, the City of Zephyrhills is still actively pursuing a Waster Use Permit
expansion. As of the date of this ordinance, changes to the current Water Use Permit has not yet
been approved by SWFWMD. The City of Zephyrhills needs additional time to complete the Water
Use Permit Expansion process;
1
OR BK 11028 PG 241 Page 2 & 3
WHEREAS, the purpose of this ordinance is to place a new temporary moratorium on
accepting applications for new residential annexations, land use modifications, rezonings, Major
Planned Unit Development Amendments, conditional uses, and variances for property over one
acre within the City limits of the City of Zephyrhills; and
WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that the new
temporary moratorium imposed by this ordinance is being imposed for a reasonable duration
intended to give the City the time reasonably necessary to obtain the proper and necessary
increases to the City's Water Use Permit; and
WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this
ordinance advances an important government purpose by preventing the demand for City potable
water service to exceed the current Water Use Permit limits; and
WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this
ordinance is in the best interest of the public's health, safety, and welfare; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows.
Section 1. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule powers of the City.
Section 2. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption hereof.
Section 3. Temporary Moratorium
Beginning on June 26, 2024 and continuing for twelve (12) consecutive months or sooner,
if provided pursuant to section S of this ordinance, a moratorium is hereby imposed on the
consideration of applications for new residential annexations, rezoning, land use modification,
conditional uses, variances, and Major Planned Unit Development Amendments.
During the moratorium, the City of Zephyrhills will not accept, review, or consider
applications for new residential annexations, rezoning, land use modification, conditional uses,
variances, and Major Planned Unit Development Amendments.
Section 4. Exemptions.
The new temporary moratorium imposed by Section 3 of this ordinance shall not apply to
any property and/or project that filed an application for residential annexations, land use
modifications, rezonings, Major Planned Unit Development Amendments, conditional uses, and
variances for property over one acre prior to the effective date Ordinance 1461-23. Additionally,
this new moratorium shall not apply to utility service agreements or other utility -related
agreements, which may be sought from the City (the mere submittal of which shall not obligate
the City to approve the same).
Additionally, the new temporary moratorium imposed by Section 3 of this ordinance shall
not apply to any residential project that is on one acre or less.
Any property and/or project that is exempt under this section may continue to apply for
and receive any approvals, plats, permits or consents from the City allowed by the Land
Development Code.
Section 5. Expiration of the Temporary Moratorium.
I
OR BK 11028 PG 242 Page 3 & 3
The temporary moratorium imposed by Section 3 of this ordinance expires as of the earliest
of the follow occurrences:
A. At the end of June 25, 2025; or
B. A date before June 25, 2025, if provided by Ordinance of the City Council
of the City of Zephyrhills, Florida.
Section 6. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 7. 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 is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 8. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 9. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
The foregoing Ordinance No. 1479-24 was read and passed on the first reading in an open and
regular rneet4adf the City Council of the City of Zephyrhills, Florida, on this 13`h day of May,
2024 � ,
Attest* �»
LotLL. Hillinan, City Jerk" nneth M. Burges Jr., ncil President
The foxegtSggdr#ai'Cce No. 1479-24 was read and passed on the second reading, following a
public hearArl rir ,, en and regular meeting of the City Council of th City of Zephyrhills,
Florida', n this "1'0`�'"d'V June 2024.
Attest/ ltd.
Lori «�illxnan, fat Clerk Ke eth M. Burgess, Jr':, ounc resident
The forego i j e No'. 1479-24 was approved by me this 10'h day of June, 2024.
Melonie Bahr Monson, Mayor
Approved as to egal form and legal content
Matthew E. Maggard, Cit ttorney