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INSTR# 2023125498 OR BK 10852 PG 1233 Page 1 of 3
<br />07/13/2023 01:28 PM Rcpt: 2603943 Rec: 27.00 DS: 0.00 IT: 0.00
<br />Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
<br />i•1 0
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O
<br />ZEPHYRHILLS, FLORIDA ESTABLISHING A 12 MONTH
<br />MORATORIUM ON THE CONSIDERATION OF NEW RESIDENTIAL
<br />APPLICATIONS FOR ANNEXATIONS, LAND USE MODIFICATIONS,
<br />REZONINGS, MAJOR PLANNED UNIT DEVELOPMENT
<br />AMENDMENTS, CONDITIONAL USES, OR VARIANCES FOR
<br />PROPERTY OVER ONE ACRE; PROVIDING FOR CONFLICTS,
<br />EXEMPTIONS, SEVERABILITY, EXPIRATION AND AN EFFECTIVE
<br />DATE.
<br />WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
<br />Florida, and section 166.021 (1), Florida Statutes, the City of Zephyrhills, Florida (the "City''), a
<br />municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
<br />conduct municipal government, perform municipal functions, and render municipal services, and
<br />may exercise any power for municipal purposes, except as expressly prohibited by law; and
<br />WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
<br />each municipality in the state has the power to enact legislation concerning any subject matter
<br />upon which the state legislature may act, except when expressly prohibited by law; and
<br />WHEREAS, the Southwest Florida Water Management District ("SWFWMD") regulates,
<br />through the issuance of a Water Use Permit, the amount of water the City of Zephyrhills is
<br />permitted to provide to users of the City's potable water supply; and
<br />WHEREAS, the City of Zephyrhills has experienced substantial growth in a short time
<br />causing the addition of new residential annexations, land use modifications, rezonings, Major
<br />Planned Unit Development Amendments, conditional uses, and variances for property over one
<br />acre resulting in significant increased demand for City provided potable water; and
<br />WHEREAS, the City of Zephyrhills has approved or is in the process of approving the
<br />maximum number of new residential annexations, land use modifications, rezonings, Major
<br />Planned Unit Development Amendments, conditional uses, and variances for property over one
<br />acre that the City's current Water Use Permit will allow; and
<br />WHEREAS, the City of Zephyrhills has applied for an expansion of its Water Use Permit
<br />and that application is under review by SWFWMD; and
<br />WHEREAS, due to the historically high number of proposed and/or approved new
<br />residential projects within the boundaries of the City, the City of Zephyrhills is nearing its
<br />maximum daily usage allowed under the current Water Use Permit; and
<br />WHEREAS, the purpose of this ordinance is to place a temporary moratorium on
<br />accepting applications for new residential annexations, land use modifications, rezonings, Major
<br />Planned Unit Development Amendments, conditional uses, and variances for property over one
<br />acre within the City limits of the City of Zephyrhills; and
<br />WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that the
<br />temporary moratorium imposed by this ordinance is being imposed for a reasonable duration
<br />intended to give the City the time reasonably necessary to obtain the proper and necessary
<br />increases to the City's Water Use Permit; and
<br />WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this
<br />ordinance advances an important government purpose by preventing the demand for City potable
<br />water service to exceed the current Water Use Permit limits; and
<br />WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this
<br />ordinance is in the best interest of the public's health, safety, and welfare; and
<br />NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
<br />Zephyrhills, Florida, as follows:
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