Ordinance No. 1455-23 12 Month Moratorium on Indoor and Outdoor Storage Facilities

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INSTR# 2023039744 OR BK 10777 PG 2127 Page 1 of 3 03/08/2023 09:34 AM Rcpt: 2558164 Rec: 27.00 IDS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller A ZEPHYRHILLS, FLORIDA ESTABLISHING A 12 MONTH MORATORIUM ON RECEIVING AND PROCESSING PLANS / PERMIT APPLICATIONS FOR RECREATIONAL VEHICLE STORAGE, MATERIAL LAYDOWN AREAS AND INDOOR STORAGE FACILITIES; PROVIDING . FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article V111 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 City has an industrial corridor with land available for industry and the creation of local jobs. Economic impact is provided when industry with buildings are constructed to provide ad valorem revenue to the City of Zephyrhills and generally require a smaller amount of City services; and WHEREAS, the City is receiving applications for a variety of storage uses with no permanent structures; thereby creating limited ad valorem / jobs and reducing the potential economic impacts on said undeveloped properties in the City. The City's Comprehensive Plan Economic Development Element encourages manufacturing / industry and job creation; and WHEREAS, the City is also receiving applications for indoor storage facilities that also create little / few jobs and the City has realized other governmental entities establishing standards to require indoor storage facilities required to be included as part of a mixed used development offset from public right-of-ways; and WHEREAS, the City Council desires to establish a moratorium for a period of 12 months so that a study can be completed to determine the effects these types of uses would have on adjacent land uses in the City; the fiscal impacts and if additional standards are warranted; WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that the temporary moratorium imposed by this ordinance is being imposed for a reasonable duration intended to give the City the time reasonably necessary to investigate the impacts / development standards necessary for recreational vehicle storage, material laydown areas and indoor storage facilities, and if necessary, to promulgate reasonable regulations relating to such uses; and WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this ordinance is in the best interest of the public 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.