ORDINANCE NO. 2025-21 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA PROVIDING FOR THE REZONING OF REAL PROPERTY TOTALING 5.53 ACRES, MORE OR LESS, IN SIZE (TAX PARCEL IDENTIFICATION NUMBER T07-006) FROM COUNTY RURAL RESIDENTIAL MINIMUM FIVE ACRES WITH CONVENTIONAL HOUSING (RR5C) TO RURAL RESIDENTIAL MINIMUM ONE ACRE WITH CONVENTIONAL HOUSING (RR1C) ZONING DISTRICT; PROVIDING FOR THE TAKING OF MPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR THE ADOPTION OF A MAP BY REFERENCE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Angel Antonio Alvarado & Claribel Morales whose mailing address: 2955 Leba Ln., St. Cloud, FL 34772 (Tax Parcel Identification Number TO7-006), is the owner of the property which is the subject of this Ordinance; and WHEREAS, the real property, totaling 5.53 +/- acres in size, is located on the west side of CR 723, south of CR 758; and WHEREAS, Angel Antonio Alvarado & Claribel Morales initiated voluntary annexation into the municipal limits of the City of Webster, Florida; and WHEREAS, the City Manager of the City of Webster pursuant to the controlling provisions of Florida Statutes and the Code of Ordinances of the City of Webster, is petitioning to have the subject property reassigned from the RR5C (County) zoning assignment to the RR1C zoning assignment; and WHEREAS, the City Council of the City of Webster, Florida has taken, as implemented by City staff, all actions relating to the approval action set forth herein in accordance with the requirements and procedures mandated by Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (a). The City Council of the City of Webster hereby adopts and incorporates into this Ordinance the City staff report as well as the recitals (whereas clauses) to this Ordinance. (b). The subject property, which is 5.53 acres MOL in size, is located on the west side of CR 723, south of CR 758 (Tax Parcel Number T07-006). The legal description of the subject property is provided in Attachment A. (c). The City of Webster has complied with all requirements and procedures of Florida Statutes in processing and advertising this Ordinance. SECTION 2. REZONING OF REAL PROPERTY/IMPLEMENTING ACTIONS. (a). Upon enactment of this Ordinance the following described property, as depicted in Attachment A of this Ordinance, and totaling is 5.53 acres MOL in size, shall be rezoned from RR5C (County) zoning district/classification to RR1C (City) zoning districiclassification. (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Webster as may be appropriate to accomplish the action taken in this Ordinance. 2 SECTION 3. INCORPORATION OF MAP. The map attached to this Ordinance as Attachment B is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. SECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconsttutional. SECTION 6. NON-CODIFICATION. This Ordinance shall not be codified in the City Code of the City of Webster or the Land Development Code of the City of Webster, provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Webster by the City Manager, or designee. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect immediately upon enactment provided, however, that the rezoning of property nerein set forth shall not take effect until Ordinance Number 2025-20 relating to the Comprehensive amendment becomes effective. 3 PASSED AND ENACTED this 15th day of May, 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Ana Vigoa, Mayor ATTEST: Approved as to form and legality: Amy Flood William L. Colbert City Clerk City Attorney 4 Attachment A Legal Description Begin at the Southwest comer oft the Northwest 1/4 of the Northeast 1/4, of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, from said point run North 783 feet, thence run East 1320 feet, thence run South 783 feet, thence run West 1320 feet to the Point of Beginning; LESS the road right-of- way, and LESS AND EXCEPT the following three parcels: That part of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: COMMENCE at the Northwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East; thence run South 00 degrees 00'03" West along the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 53 7.00 feet; thence continue South 00 degrees 00'00" West along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet to the POINT OF BEGINNING; thence run South 89 degrees 3527" East parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 660.00 feet; thence run South 00 degrees 00'03" West parallel with the West line of said Northwest 114 of the Northeast 1/4 of said Section 7, a distance of 462.61 feet to the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 89 degrees 42'17" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 660.00 feet to the Southwest comer of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 00 degrees 00'03" East along the West line ofthe said Northwest 1/4 of the Northeast 1/4 of said Section 7,a distance of 463.93 feet to the POINT OF BEGINNING. AND LESS That part of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: Commence at the Northwest corner of the Northwest 1/4 of the Northeast 1/4 of said Section 7, thence run South 00 degrees 00'03" West along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 537.00 feet, thence run South 89 degrees 35'27" East parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 660.00 feet; thence run South 00 degrees 00'03" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of395.85 feet, to the POINT OF BEGINNING, thence run South 89 degrees 35'27" East parallel with the North line of the said Northwest 1/4 oft the Northeast 1/4 of said Section a distance of 663.76 feet to the East line of the said Northwest 1/4 of the Northeast 114 of said Section 7; thence run South 00 degrees 00'03" West along the East line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 395.45 feet to the Southeast comer of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 89 degrees 42'17" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 663.35 feet to a point that is 660.00 feet East of the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 00 degrees 00'03" East along the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of396.77 feet to the POINT OF BEGINNING. SUBJECT TO the right ofway for County Road 723 on the East side thereof. AND LESS That part of the Northwest 14 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: COMMENCE at the Northwest comer of the Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run South 00 Degrees 00'03" West a distance of 537.00 feet to the POINT OF BEGINNING; thence run South 89 Degrees 35'27" East parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of660.00 feet; thence run South 00 Degrees 00'03" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet; thence run North 89 Degrees 35'27" West parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 660.00 feet to the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 00 Degrees 00'03" East along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet to the POINT OF BEGINNING; SUBJECT TO the right of way for County Road 727 on the West side thereof. 5 Attachment B A10C CR752 CR752 CR752 A10C R6C R6C R6C R6G CR 754 R6G R6G RR5C R6ÇR R2M R6C R6C R6C RR1 - RR5C RR1C R2M RR5 IR6C R6G RR1 RR1C RR1C SE 108TH RD 08THL NE l R4M RR1 RR1 I RR5C RR1 RR5C RR1C A10C - RR1G RR5C RR5 RR1 A10C CR758 RR5 RR5 RR1 RR1 R2M R2M A10C RR5 RR1 R2M R2M RR1C RR5C A10C A10C RR5 RR1C RR5C RR1C RR5C RR5C RR5G RR5C RR5C RR1 Da - A10C RR1 RR5C RR5 R2M A10C RR5C R2M RR5 RRIC A10C A10C RR1 RR1 RR1 RR5C A10C CR 721 CR721 CR721 DE a RR5C RR5C RR5C RR5C RR5C RR5C RR5C A10C RR1C RR1C RR2.5C 5 RR5 RR2.5G A10C RR5C RR1C RR1C RR2.5C RR1 SE 117TH RD CITY OF WEBSTER REZONING APPLICATION PLANNING AND ZONING BOARD April 10, 2025 CITY OF WEBSTER CITY COUNCIL April 17, 2025 May 15, 2025 CASE NUMBER: ZON25-000005 LANDOWNER: Angel Antonio Alvarado & Claribel Morales REQUESTED ACTION: Rezone 5.53 acres MOL from County Rural Residential Minimum Five Acres with Conventional Housing (RR5C) to City of Webster Rural Residential Minimum One Acre with Conventional Housing (RRIC) PARCEL NUMBERS: T07-006 LEGAL DESCRIPTION: Attachment A EXISTING ZONING: County Rural Residential Minimum Five Acres with Conventional Housing (RR5C) EXISTING USE: Vacant FUTURE LAND USE: County Agriculture, proposed to be City of Webster Agriculture (LU25-000006) PARCEL SIZE: 5.53 acres MOL GENERAL LOCATION: Webster area = on the west side of CR 723, south ofCR 758 SURROUNDING FUTURE LAND USE AND ZONING The application site is located outside oft the City of Webster municipal boundary but in the Joint Planning Area (JPA) of Webster. The surrounding parcels are zoned City of Webster Rural Residential Minimum One Acre with Conventional Housing, County Rural Residential Minimum One Acre with Conventional Housing, County Rural Residential Minimum One Acre with Optional Housing, County Residential Two Units per Acre with Optional Housing, County Rural 1 Residential Minimum Five Acres with Optional Housing, County Rural Residential Minimum Five Acres with Conventional Housing, and County General Agriculture Minimum Ten Acres with Conventional Housing (see Map 1 on Page 3). CASE SUMMARY The applicant is seeking to build al home on the subject parcel. Subject parcel is outside the Webster municipal boundary, in the Webster Joint Planning Area (JPA), and in Webster's Utility Service Area. The application site is currently zoned as County Rural Residential Minimum Five Acres with Conventional Housing. CASE ANALYSIS Section 13-313(3)(d), provides for the following review criteria for Land Development Code (LDC) and zoning map amendments: a) Change of conditions, or absence of changed conditions. The subject parcel changed ownership in 2022. The new owner is now: seeking to develop it and move to Sumter County. b) Community need, or lack of community need. The requested rezoning addresses a personal need and not a community need. c) Benefits to the community. The rezoning will allow consistency with the City's Comprehensive Plan and the implementing zoning district. d) The rights of private property owners. The rezoning should not impinge on the rights of adjacent property owners. Staff reviewed land ownership and authorization through deeds, and the consent and designation of agent form submitted and signed by an authorized signer for the entity that owns the properties. PLANNING DIVISION STAFF CONCLUSION Staff deemed the application sufficient for review. Staff finds the application in compliance with the minimum requirements of the Sumter County Land Development Code and Comprehensive Plan. Staff recommends APPROVAL. Notices Sent: 19 2 MAP 1: SURROUNDING AREA WITH PROPOSED CHANGES A10C RRS A10C RR1 RR1 R2M R2M RRS RR1 R2M R2M RRIC A10C RRS RRC RRSC RRSC RRI A10C A10C RRS 4100 RR1 RR1 R2M RZM RRS RR1 R2M R2M RR1C A1eC - 9 RRS RR1C RRSC RRSC C RRI A10C RRI o R2* A10C RRSC R2M A10C Subject Property 3 Attachment A Legal Description Begin at the Southwest corner ofthe Northwest 1/4 of the Northeast 1/4, ofSection 7, Township 22 South, Range 23 East, Sumter County, Florida, from said point run North 783 feet, thence run East 1320 feet, thence run South 783 feet, thence run West 1320 feet to the Point ofBeginning; LESS the road right-of-way, and LESS AND EXCEPT the following three parcels: That part of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: COMMENCE at the Northwest cormer oft the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East; thence run South 00 degrees 00'03" West along the West line of said Northwest 1/4 of the Northeast 1/4 ofs said Section 7, a distance of 53 7.00 feet; thence continue South 00 degrees 00'00" West along the West line of the said Northwest 1/4 ofthe Northeast 1/4 of said Section 7, a distance of 330.00 feet to the POINT OF BEGINNING; thence run South 89 degrees 3527" East parallel with the North line of the said Northwest 1/4 oft the Northeast 1/4 ofsaid Section 7, a distance of 660.00 feet; thence run South 00 degrees 00'03" West parallel with the West line of said Northwest 114 of the Northeast 1/4 of said Section 7, a distance of 462,61 feet to the South line of the said Northwest 1/4 oft the Northeast 1/4 of said Section 7; thence run North 89 degrees 42'17" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 660.00 feet to the Southwest comer of the said Northwest 1/4 ofthe Northeast 1/4 of said Section 7; thence run North 00 degrees 00'03" East along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 463.93 feet to the POINT OF BEGINNING. AND LESS That part of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: Commence at the Northwest comer ofthe Northwest 1/4 of the Northeast 1/4 ofsaid Section 7, thence run South 00 degrees 00'03" West along the West line oft the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of537.00 feet, thence run South 89 degrees 35'27" East parallel with the North line ofthe said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 660,00 feet; thence run South 00 degrees 00'03" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of395.85 feet, to the POINT OF BEGINNING, thence run South 89 degrees 3527" East parallel with the North line ofthe said Northwest 1/4 ofthe Northeast 1/4 of said Section a distance of 663.76 feet to the East line of the said Northwest 1/4 of the Northeast 114 of said Section 7; thence run South 00 degrees 00'03" West along the East line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 395.45 feet to the Southeast comer ofthe said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 89 degrees 4217" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 663.35 feet to a point that is 660.00 feet East of the West line of the said Northwest 1/4 of the Northeast 1/4 ofs said Section 7; thence run North 00 degrees 00'03" East along the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of396.77 feet to the POINT OF BEGINNING. SUBJECT TO the right of way for County Road 723 on the East side thercof. AND LESS That part of the Northwest 14 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: COMMENCE at the Northwest comer of the Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run South 00 Degrees 00'03" West a distance of 537.00 feet to the POINT OF BEGINNING; thence run South 89 Degrees 35'27" East parallel with the North line ofthe said Northwest 1/4 ofthe Northeast 1/4 of said Section 7, a distance of660.00 feet; thence run South 00 Degrees 00'03" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of330.00 feet; thence run North 89 Degrees 35'27" West parallel with the North line of the said Northwest 1/4 oft the Northeast 1/4 of said Section 7 a distance of 660.00 feet to the West line of the said Northwest 1/4. of the Northeast 1/4 of said Section 7; thence run North 00 Degrees 00'03" East along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet to the POINT OF BEGINNING; SUBJECT TO the right of way for County Road 727 on the West side thercof. 4 Board efCounty Commissioners Sumter County, Horida a DeelogpmeutSertioe. Department BI! Plaming Services - 7375 PowfRoat Suteits. Widwood, FL34785 e Phone (352)6894400 e FAX (352)689-4401 a Websile Mgactige City of Webster LU25- 00000L Case No. 36125-pooco5 Hearing Dates; Date Rec'd. 2225 PZB 4/625 Planner Mared Owzhelte Council ist Yn/s Council Final 5/1 15/25 LAND USE AMENDMENT AND/OR REZONING APPLICATION Check Requested Application(s) Rezoning XSmalll Land Use Amendment (< 50 acres) Large Land Use Amendment (50 acres or more) Applicant Information Name ofProperty Owner(s), Angal Antero Alerdo,Clanike) Menl Address 2955 Leba La SL Cvd FL 3477) Owner Phone 30-759-0359 Email alvo 04 & yahooicen Name of Agent Address Agent Phone Email Property Information Legal Description of the property (provide below or attach) Ser. dud Street Address Parcel(s) # Tjz-pple Current Use Natan/hgnalhve Current Future Land Use Agpcoltvie (uwrpo Current Zoning. Rprc (Cunyp Requested Future Land UeAks (osi)agpetedz Zoning REIC (ybsi) Acreage Requested, 55340 Revised 12/29/2023 Webster Land Use Amendment and'or Rezoning Application Page I of3 Reason for the Request (be specific) AAnzkahoA Please Provide Recorded deed or other proof of ownership Signed authorization if applicant is not the landowner Legal description of the arca under application. (lengthy or complex legal descriptions may be required in digital/text format) Applicable Application Fee (fee schedule on Page 3) Payment may be made by çash, check, or credit/debit card. Checks shall be made payable to BOCC Sumter County. A convenience fee will be added to the total for credit/debit card payment. Application fees are considered non-refundable at the time of application. Exceptions may be considered on a case by case basis by the County Administrator. All properties for which applications require public hearings before the planning and zoning board (PZB) shall be pasted by the applicant with plaques furnished by the director. Such plaques shall identify the application, the requested action, and the date, time and place of! hearing. Plaques shall be sufliciently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the authority's agenda. Such notices shall be posted at least seven (7) days prior to the firsti hearing at which the subject property will be considered, at locations specified by the director. (Webster Land Development Code Sec. 13-315(a)(2)) As the mmerhaserlemantage, I understand any action on my application will be governed by the City of Webster's Comprehensive Plan and Land Development Code, and my payment of the non-refundable application fee will not guarantee approval. Under penalties of perjury, I declare the above information that I Thave given to be true and correctto the best of my knowledge and belief. - al/ess Signature Date A-Alvanda Aase/ Print Namé Signature Date Print Name The public hearing for the PZB will be scheduled once the application is found to be complete. The PZB hearing will be at 6:00 pm. at Webster City Hall 85 B Central Ave., Webster, FL 33597. The property owner's appearance or authorized representative's appearance is required at the LPA hearing. Failure of the property owner's attendance or the authorized representative's attendance will cause the application to be handled in accordance with the policy adopted in the Webster Land Development Code. Hearings may be postponed Revised 12/29/2023 Webster Land Use Amendment and/or Rezoning Application Page 2 of3 Inst. Number: 202260051874 Book: 4367 Page: 568 Page 1 of 3 Date: 11/2/2022 Time: 11:04 AM Sloria Hayward Clerk of Courts, Sumter County, Fiorida 93 Gloria R. Hayward, Sumber County Clerk of Court Prepared by andretumo: 972. Inst: 202260051874 Date: 11/02/2022 Time: 11:04AM Chris Herandez, employee Page 1 of3 B: 4367 P: 568 By: ML Concierg rge Tide Services, LLC Doc Stamp-Deed: 945.00 1201 W. Hwy 50, Suite B Clermont, FL34711 (352)394-7408 File No 2022-2231 135, 5D Parcel Adentihcion' No T07-006 (Space Above Thia Lne Fur Recording Dan WARRANTY DEED This indenture made the 21 day of September, 2022 between William H. Dunn, an unremarried widower, Individually and as Trustee of William H. Dunn and Jean A. Dunn Living Trust dated September 5, 2007, whose post office address is 11195 Ramsay Road, Thompsonville, MI 49683, Grantor, to Angel Antonio Alvarado and Claribel Morales, a married couple, whose post office address is County Road 723 Webster, FL 33597, Grantees: Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (U.S. $10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantees, the receipt whercof is hereby acknowledged, has granted, bargained, and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described land, situate, lying and being in Sumter County, Florida, to-wit: PLEASE SEE ATTACHED EXHIBIT 'A' AND MADE A PART HEREOF Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2022 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor hereby covenant with the Grantoes that the Grantor is lawfully seized of said land in fce simple, that Grantor have good right and lawful authority to sell and convey said land and that the Grantor hercby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. of3 Inst. Number: 202260051874 Book: 4367 Page: 569 Page 2 of 3 Date: 11/2/2022 Time: 11:04 AM Gloria Hayward Clerk of Courts, Sumter County, Florida Gloria R. Hayward, Sumter County Clerk of Court Inst: 202260051874 Date: 11/02/2022 Time: 11:04AM Page 2 of3 3 B: 4367 P: 569 By: ML Doc Stamp-Deed: 945.00 In Witness Whereof, Grantor have hereunto set Grantor's hand and scal the day and year first above written. Signed, sealed and delivered in our presence; William H. Dunn and Jean A. Dunn Living Trust dated September 5, 2007 V By: Witmesr Sigratre HHn MHaividually and as Witness Name: Chvshna Oix Trusteez Nas a dy! Ci UNONL E Witness Signature Witness Name: Onai Nitt STATE OF MICHIGAN COUNTY OF hend-toek The foregoing instrument was acknowledged before me by means of (x) physical presence or () online notarization this 21H day of September, 2022, by William H. Dunn, Individually and as Trustee of the William H. Dunn and Jean A. Dunn Living Trust dated September 5, 2007. MC L Signature of Notary Public Print, Type/Stamp Name ofNotary Personally Known: OR Produced Identification: M Type ofIdentification Produced: bus liceng CHERI NESBITT NOTARY PUBLIC- STATE OF MICHIGAN COUNTYOF GRAND TRAVERSE Expires AUSUST 19. 2027 My Commission Actng Int the County of ben-ym 2of3 Inst. Number: 202260051874 Book: 4367 Page: 570 Page 3 of 3 Date: 11/2/2022 Time: 11:04 AM Gloria Hayward Clerk of Courts, Sumter. County, Florida Exhibit "A" Property Description Begin at the Southwest comer of the Northwest 1/4 ofthe Northeast 1/4, of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, from said point run North 783 feet, thence run East 1320 feet, thence run South 783 fcet, thence run West 1320 feet to the Point of Beginning: LESS road right-of-way, and LESS AND EXCEPT the following three parcels: That part oft the Northwest 1/4) of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: COMMENCE at the Northwest comer of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 East; thence run South 00 degrees 00'03" West along the West line ofs said Northwest 1/4 of the Northeast 1/4 of said Scction 7, a distance of 537.00 fect; thence continue South 00 degrees 00'00" West along the West line of the said Northwest 1/4 oft the Northeast 1/4 of said Section 7,a distance of 330.00 feet to the POINT OF BEGINNING; thence run South 89 degrees 35'27" East parallel with the North line of the said Northwest 1/4 oft the Northeast 1/4 of said Section 7, a distance of 660.00 foet; thence run South 00 degrees 0003" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 ofs said Section 7, a distance of462.61 fcet to the South linc of thc said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 89 degrees 42'17" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 660.00 feet to the Southwest comer of the said Northwest 1/4 of the Northeast 1/4 of said Section 7; thence run North 00 degrees 0003" East along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 463.93 feet to the POINT OF BEGINNING. AND LESS That part of the Northwest 1/4 of the Northcast 1/4 of Section 7, Township 22 South, Range 23 East, Sumter County, Florida, being described as follows: Commence at the Northwest corner of the Northwest 1/4 ofthe Northeast 1/4 of said Section 7, thence run South 00 degrees 0003" West along the West line of the said Northwest 1/4 oft the Northcast 1/4 of said Section 7, a distance of 537.00 feet, thence run South 89 degrees 3527" East parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 660.00 feet; thence run South 00 degrecs 0003" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 395, 85 foet, to the POINT OF BEGINNING, thence run South 89 degrees 3527" East parallel with thc North line oft the said Northwest 1/4 of the Northeast 1/4 of said Section a distance of 663. 76 feet to the East line of the said Northwest 1/4 ofthe Northeast 1/4 ofsaid Section 7; thence run South 00 degrees 00'03" West along the East line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 395.45 feet to the Southcast comner of the said Northwest 1/4 of the Northeast 1/4 of said Section 7: thence run North 89 degrees 42'17" West along the South line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 663.35 feet to a point that is 660.00 fect East of the West line ofthe said Northwest 1/4 ofthe Northeast 1/4 of said Section 7; thence run North 00 degrees 00'03" East along the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 396.7 77 feet to the POINT OF BEGINNING. SUBJECT TO the right of way for County Road 723 on the East side thercof. AND LESS That part of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 22 South, Range 23 Fast, Sumter Comty, Florida, being described as follows: COMMENCE at the Northwest comer of the Northwest 1/4 of thc Northeast 1/4 of said Section 7; thence run South 00 Degrees 0003" West a distance of 537.00 feet to the POINT OF BEGINNING; thence run South 89 Degrees 35'27" East parallel with the North line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 660,00 feet; thence run South 00 Degrees 00'03" West parallel with the West line of said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet; thence run North 89 Degrces 35'27" West parallel with the North linc of the said Northwest 1/4 of the Northeast 1/4 of said Section 7 a distance of 660.00 feet to the West line of the said Northwest 1/4 oft the Northeast 1/4 of said Section 7; thence run Narth 00 Degrees 0003" East along the West line of the said Northwest 1/4 of the Northeast 1/4 of said Section 7, a distance of 330.00 feet to the POINT OF BEGINNING; SUBJECT TO the right of way for County Road 727 on the West side thereof. Parcel ID#: T07-006 Exhibit "A" Property Description ORDINANCE NO. 2025-22 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA, ANNEXING BY VOLUNTARY PETITION CERTAIN REAL PROPERTY TAX DENTIFICATION PARCEL NUMBER Q19-091 LOCATED CONTIGUOUS TO THE CITY OF WEBSTER IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES, TOGETHER WITH ASSOCIATED RIGHTS-OF-WAYS: REDEFINING THE BOUNDARIES OF THE CITY OF WEBSTER TO INCLUDE SAID PROPERTY; AMENDING THE BOUNDARIES OF THE CITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.031, FLORIDA STATUTES; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICE OF SUMTER COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LEGAL DESCRIPTION AND A MAP AND PROVIDING FOR THE INCORPORATION OF THAT EXHIBIT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON.CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ZMK Holdings, LLC, applied for annexation of property into the City of Webster and is hereby determined to be the fee simple title owner of the real property described below; and WHEREAS, the said applicant petitioned the City of Webster, pursuant to Section 171 044, Florida Statutes, for annexation of said property into the municipal limits of the City of Webster; and WHEREAS, the applicant is the fee simple title owner of all of said property being described by Tax Identification Parcel Numbers as follows: Tax Identification Parcel Number Owner Q19-091 ZMK Holdings, LLC WHEREAS, the City Council, upon the recommendation of City staff and the City Attorney, has determined that all of the property which is proposed to be annexed into the City of Webster is within an unincorporated area of Sumter County, is reasonably compact and it is further determined that the annexation of said property will not result in the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is consistent with sound principles and practices relating to the delineating of jurisdictional boundaries thereby furthering sound management in terms of the provision of public facilities and services as well as sound land use planning), and it is further determined that the property otherwise fully complies with the requirements of State law and has, further, determined that associated rights-of-way should be annexed hereby; and WHEREAS, the City Council of the City of Webster, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Council of the City of Webster, Florida hereby determines that iti is to the advantage of the City of Webster and in the best interests of the citizens of the City of Webster to annex the aforedescribed property; and WHEREAS, the provisions of Section 166.031(3), Florida Statutes, provide that [a] municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2); and WHEREAS, the provisions of Section 171.091, Florida Statutes, provide as follows: Recording. --Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. WHEREAS, the map and the legal description attached hereto as Exhibit "A" shows, describes, and depicts the property and associated rights-of-ways which are hereby annexed into the City of Webster said Exhibit being incorporated into the substantive provisions of this Ordinance as if fully set forth herein verbatim. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS/ANNEXATION OF PROPERTIES. (a). The recitals set forth above in the whereas clauses" are hereby adopted as legislative findings of the City Council of the City of Webster. (b). The property that is the subject of this Ordinance consists of the following parcel of land assigned the Tax Identification Parcel Number set forth above and being specifically described as set forth below, together with all abutting right-of-way if any such rights-of-ways are not currently located within the City Limits of the City, said property being situated in Sumter County, Florida, and said property is hereby annexed into and are hereby made a part of the City of Webster, Florida pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: LEGAL DESCRIPTION All the above lands and real property being located in Sumter County, Florida. (See Exhibit "A"). (c). The property owner of the annexed property fully understands that all of the costs of routing and installing all utility services to the annexed property that may result and be incurred and the obligation to pay any and all applicable fees in any way relating to connection to, and provision of services by, the City's utility systems shall be borne totally by the property owner. (d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city charter amendments, [a] municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State. This Ordinance shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties. SECTION 2. EFFECT OF ANNEXATION. Upon this Ordinance becoming effective, the property owner of the said property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property owner of the City of Webster, Florida as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City of Webster, Florida and the provisions of said Chapter 171, Florida Statutes. SECTION 3. ADMINISTRATIVE ACTIONS. (a). Within 7 days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording. with the Chief Administrative Officer of Sumter County (the County Manager), with the Florida Department of State, and with such other agencies and entities as may be required by law or otherwise desirable. (b). The City Clerk shall ensure that the property annexed by this Ordinance is incorporated into the City of Webster Comprehensive Plan and the Official Zoning Map of the City of Webster in an expeditious manner and, in accordance with, and pursuant to, the provisions of Under the authority of Section 166.031 (3), Florida Statutes, the City Clerk shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties in all maps and geographical data relating to the City Limits said properties to include, but not be limited to, annexed rights- of-way and natural features. SECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be invalid, unlawful, or unconstitutional. SECTION 6. CODIFICATION. The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City of Webster by the City Clerk who is hereby directed to take any and all appropriate actions relative to the land use planning documents of the City pertaining to the property annexed pursuant to this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ENACTED this 15th day of May, 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Anagalys Vigoa, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Amy Flood, City Clerk William L: Colbert, City Attorney Attachment A Parcel Id Q19-091 Legal Description THE N 1037.40 OF THE S 3/4 OF THE SW 1/4 LESS W672.76 LESS N 477.4 Acres 2.66 N20033 Q19090 N20092 @mos p06B (20060 Qoas @p0s3 @o0ss R733 ORDINANCE NO. 2025-23 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA AMENDING THE CITY OF WEBSTER COMPREHENSIVE PLAN, PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE CITY OF WEBSTER COMPREHENSIVE PLAN RELATIVE TO CERTAIN REAL PROPERTY, APPROXIMATELY 2.66 ACRES (TAX PARCEL IDENTIFICATION NUMBER Q19-091), AND DESCRIBED IN THIS ORDINANCE FROM THE INDUSTRIAL FUTURE LAND USE DESIGNATION (COUNTY) TO THE INDUSTRIAL FUTURE LAND USE DESIGNATION; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR ASSIGNMENT OF THE LAND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR RATIFICATION OF PRIOR ACTS OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ZMK Holdings, LLC mailing address: 7895 W CR 476, Bushnell, FL 33513 (Tax Parcel Identification Number Q19-091), is the owner of the property which is the subject of this Ordinance; and WHEREAS, the real property, totaling 2.66 +/- acres in size, is located on CR 714 east of SR 471; and WHEREAS, ZMK Holdings, LLC initiated voluntary annexation into the municipal limits of the City of Webster, Florida; and WHEREAS, the City Manager of the City of Webster pursuant to the controlling provisions of Florida Statutes and the Code of Ordinances of the City of Webster, is petitioning to have the subject property reassigned from the County Industrial future land use designation to the Industrial future land use designation; WHEREAS, the City Council of the City of Webster, Florida has taken, as implemented by City staff, all actions relating to the approval action set forth herein I in accordance with the requirements and procedures mandated by Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (a). The City Council of the City of Webster hereby adopts and incorporates into this Ordinance the City staff report and City Council agenda memorandum relating to the application relating to the proposed amendment to the City of Webster Comprehensive Plan pertaining to the subject property. (b). The City of Webster has complied with all requirements and procedures of Florida Statutes in processing and advertising this Ordinance. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Webster and the proposed Comprehensive Plan amendment does not trigger any urban sprawl indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of Webster. (d). Public services are available to the real property which is the subject of this Ordinance. (e). The exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. SECTION 2. AMENDMENT TO FUTURE LAND USE MAP. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Webster and the City's Future Land Use Map are hereby amended by 2 changing the land use designation from the County Industrial land use designation to the Industrial land use designation regarding the real property which is the subject of this Ordinance as set forth herein (Attachment 1). (b). The property which is the subject of this Comprehensive Plan amendment is as described as provided in Attachment 2. SECTION 3. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 5. CODIFICATIONINSTRUCTIONS TO CODE CODIFIER. It is the intention of the City Council of the City of Webster, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the codified version of the City of Webster Comprehensive Plan and/or the Code of Ordinances of the City of Webster, Florida in terms of amending the Future Land Use Map of the City. SECTION 6. EFFECTIVE DATE The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3187, Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or 3 the Administration Council, respectively, issues a final order determining that the subject small scale amendment is in compliance with controlling Florida Statutes. PASSED AND ENACTED this 15th day of May, 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Ana Vigoa, Mayor ATTEST: Approved as to form and legality: Amy Flood William L. Colbert City Clerk City. Attorney 4 SR471 SR471 SR471 SR471 SR471 SR471 1 ATTACHMENT 2 Legal Description THE EASTERLY 125.00 FEET OF THE FOLLOWING DESCRIBED LANDS: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 19, TOWNSHIP 21 SOUTH, RANGE 23 EAST, SUMTER COUNTY, FLORIDA, LESS THE NORTHERLY 1037.40 FEET THEREOF; ALSO LESS ROAD RIGHT OF WAY. CITY OF WEBSTER SMALLSCALE COMPREHENSIVE PLAN AMENDMENT PLANNING AND ZONING BOARD April 10, 2025 CITY OF WEBSTER CITY COUNCIL April 17, 2025 May 15, 2025 CASE NUMBER: LU25-000008 LANDOWNER: ZMK Holdings, LLC REQUESTED ACTION: Small-scale comprehensive plan amendment to change the future land use from County Industrial to City of Webster Industrial on 2.66 acres MOL following annexation PARCEL NUMBERS: Q19-091 LEGAL DESCRIPTION: Attachment A EXISTING ZONING: County Industrial (ID) EXISTING USE: Agricultural FUTURE LAND USE: County Industrial, proposed to be City of Webster Industrial PARCELSIZE: 2.66 acres MOL GENERAL LOCATION: Webster area = on CR 714 east of SR 471 (Map 1) GENERAL DESCRIPTION AND BACKGROUND The applicant is requesting a Small-Scale Future Land Use Amendment on 2.66 acres MOL to change the Future Land Use assignment of parcel Q19-091 from County Industrial to City of Webster Industrial, allowing them to relocate their manufacturing business from Bushnell to the subject parcel as well as the parcel immediately north of it (parcel Q19-060). The application site is located within the Webster Joint Planning Area and located on CR 714, east of SR 471. The 1 surrounding parcels have a future land use of City of Webster Industrial, County Industrial, and County Agriculture (see Map 2 on Page 5). LAND USE SUITABILITY Urban Sprawl The proposed amendment displays none of the sprawl indicators as identified in Florida Statutes Chapter 163.3177.9(a) and meets four (4) of the sprawl test criteria in Florida Statutes Chapter 163.3177.9(b) (Attachment B). Thereby the proposal does not constitute sprawl. Environmental Resources None ofthe property is within the flood zone. Historic Resources This location does not appear on the Master Site File ofHistoric Resources. Population and Housing The proposèd amendment should not adversely impact the availability ofhousing in the area. CONCURRENCY ANALYSIS Potable Water & Sewer The site will be served by the City of Webster upon development. Stormwater Drainage All development must conform to Southwest Florida Water Management District Regulations for stormwater systems. Solid Waste Solid Waste services will be provided by the City of Webster upon development. CONSISTENCY WITH POLICIES OF THE COMPREHENSIVE PLAN The proposed amendment is consistent with the following policies oft the Unified Comprehensive Plan: Policy 1.2.10 Industrial The "Industrial" future land use category is applied to lands suitable for light and heavy manufacturing, processing, outdoor storage, warchousing, and transportation of goods. Secondary uses may include: commercial uses that directly support the industrial land use or provide services to the employees; commercial uses that require outdoor storage, large volumes of truck activity, or other potential to create negative off-site impacts, service industries, utilities, wholesale and internet businesses that do not cater to on-site customers, offices related to the 2 industrial use, and other land uses requiring outdoor storage and/or having the potential to generate negative impacts on adjacent properties. The proposed amendment is consistent with the surrounding agriculture future land uses. Future Land Use Objective 1.3 Future Land Use Pattern The future land use pattern shall discourage the proliferation of urban sprawl while promoting orderly compact growth. The County and Cities shall utilize a variety of planning tools to balance efficient economic development and urban growth while maintaining rural and agricultural character. The use of Joint Planning Areas (JPAs) are a planning tool to ensure annexations of umincorporated areas are coordinated and consistent with planned future service areas, providing for an energy efficient land use pattern and combating urban spraw!. The property is located within the Webster JPA and thus maintains the rural and agricultural character outside the area. Policy 1.3.8 Compatibility for Rezoning and Amendments Proposed rezonings and future land use amendment shall be compatible with adjacent land uses and community character. Compatibility shall be achieved through the following measures: a. Rezoning and future land use amendments shall consider potential maximum impacts of potential land uses; and The requésted future land use assignment is consistent with the surrounding parcels where industrial activities are located. b. The use of clustering, PUD, or other innovating development techniques shall be considered to assure the compatible transition between differing land uses and zoning districts. The requested future land use assignment will not allow for clustering, PUD, or other innovating development techniques. PROPOSED AMENDMENT TO THE TEXT OF THE COMPREHENSIVE PLAN The proposed amendment does not affect the text ofthe Comprehensive Plan. PROPOSED AMENDMENT TO THE CAPITAL IMPROVEMENT PLAN The proposed amendment does not affect the City's Capital Improvements program. CONCLUSIONS Staff deemed the application sufficient for review. Staff finds the application in compliance with the minimum requirements of the Comprehensive Plan. Staff recommends APPROVAL Notices Sent: 13 3 MAP 1: GENERAL LOCATION CR 714 CR714 4 ORDINANCE NO. 2025-24 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA PROVIDING FOR THE REZONING OF REAL PROPERTY TOTALING 2.66 ACRES, MORE OR LESS, IN SIZE (TAX PARCEL DENTIFICATION NUMBER Q19-091) FROM COUNTY INDUSTRIAL (ID) TO INDUSTRIAL (ID) ZONING DISTRICT; PROVIDING FOR THE TAKING OF IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR THE ADOPTION OF A MAP BY REFERENCE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ZMK Holdings, LLC mailing address: 7895 W CR 476, Bushnell, FL 33513 (Tax Parcel Identification Number Q19-091), is the owner of the property which is the subject of this Ordinance; and WHEREAS, the real property, totaling 2.66 +/- acres in size, is located on CR 714 east of SR 471; and WHEREAS, ZMK Holdings, LLC initiated voluntary annexation into the municipal limits of the City of Webster, Florida; and WHEREAS, the City Manager of the City of Webster pursuant to the controlling provisions of Florida Statutes and the Code of Ordinances of the City of Webster, is petitioning to have the subject property reassigned from the ID (County) zoning assignment to the ID zoning assignment; and WHEREAS, the City Council of the City of Webster, Florida has taken, as implemented by City staff, all actions relating to the approval action set forth herein in accordance with the requirements and procedures mandated by Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (a). The City Council of the City of Webster hereby adopts and incorporates into this Ordinance the City staff report as well as the recitals (whereas clauses) to this Ordinance. (b). The subject property, which is 2.66 acres MOL in size, is located on CR 714 east of SR 471 (Tax Parcel Number Q19-091). The legal description of the subject property is provided in Attachment A. (c). The City of Webster has complied with all requirements and procedures of Florida Statutes in processing and advertising this Ordinance. SECTION 2. REZONING OF REAL PROPERTY/MPLEMENTING ACTIONS. (a). Upon enactment of this Ordinance the following described property, as depicted in Attachment A of this Ordinance, and totaling is 2.66 acres MOL in size, shall be rezoned from ID (County) zoning district/classification to ID (City) zoning aistriclclassiication. (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the. rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Webster as may be appropriate to accomplish the action taken in this Ordinance. 2 SECTION 3. INCORPORATION OF MAP. The map attached to this Ordinance as Attachment B is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. SECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 6. NON-CODIFICATION. This Ordinance shall not be codified in the City Code of the City of Webster or the Land Development Code of the City of Webster, provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Webster by the City Manager, or designee. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment provided, however, that the rezoning of property herein set forth shall not take effect until Ordinance Number 2025-23 relating to the Comprehensive amendment becomes effective. 3 PASSED AND ENACTED this 15th day of May, 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Ana Vigoa, Mayor ATTEST: Approved as to form and legality: Amy Flood William L. Colbert City Clerk City Attorney 4 Attachment A Legal Description THE EASTERLY 125.00 FEET OF THE FOLLOWING DESCRIBED LANDS: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 19, TOWNSHIP 21 SOUTH, RANGE 23 EAST, SUMTER COUNTY, FLORIDA, LESS THE NORTHERLY 1037.40 FEET THEREOF; ALSO, LESS ROAD RIGHT. OF WAY. Attachment B RR1 RR1 RR1C RR1C RR5C RR1C RR1 ID A10C CH RAC RR1C R2C RR1 RR1C - RR5C R2M RR1 R2M R. 714 CR7 714: R2M R2M R2M RR1C R2M R2M RR1 CITYOF WEBSTER REZONING APPLICATION PLANNING AND ZONING BOARD April 10, 2025 CITY OF WEBSTER CITY COUNCIL April 17, 2025 May 15, 2025 CASE NUMBER: ZON25-000007 LANDOWNER: ZMK Holdings, LLC REQUESTED ACTION: Rezone 2.66 acres MOL from County Industrial (ID) to City of Webster Industrial (ID) PARCEL NUMBERS: Q19-091 LEGAL DESCRIPTION: Attachment A EXISTING ZONING: County Industrial (ID) EXISTING USE: Agricultural FUTURE LAND USE: County Industrial, proposed to be City of Webster Industrial (LU25-000008) PARCEL SIZE: 5.53 acres MOL GENERAL LOCATION: Webster area = on CR 714 east of SR 471 SURROUNDING FUTURE LAND USE AND ZONING The application site is located outside ofthe City of Webster municipal boundary but in the Joint Planning Area (JPA) of Webster. The surrounding parcels are zoned City of Webster Industrial, City of Webster Planned Industrial, County Residential Two Units per Acre with Mobile Home Housing, County Rural Residential Minimum Five Acres with Conventional Housing, and County General Agriculture Minimum Ten Acres with Conventional Housing (see Map 1 on Page 3). CASE SUMMARY The applicant is seeking to move their business from Bushnell to Webster. Subject parcel is outside the Webster municipal boundary, in the Webster Joint Planning Area (JPA), and in Webster's Utility Service Area. The application site is currently zoned as County Industrial. CASE ANALYSIS Section 13-313(3)(d), provides for the following review criteria for Land Development Code (LDC) and zoning map amendments: a) Change of conditions, or absence of changed conditions. The subject parcel changed ownership in January 2025. The new property owners are seeking to move their business from Bushnell to Webster: b) Community need, or lack of community need. The requested rezoning addresses a personal need and not a community need. c) Benefits to the community. The rezoning will allow consistency with the Citys Comprehensive Plan and the implementing zoning district. d) The rights of private property owners. The rezoning should not impinge on the rights of adjacent property owners. Staff reviewed land ownership and authorization through deeds, and the consent and designation of agent form submitted and signed by an authorized signer for the entity that owns the properties. PLANNING DIVISION STAFF CONCLUSION Staff deemed the application sufficient for review. Staff finds the application in compliance with the minimum requirements of the Sumter County Land Development Code and Comprehensive Plan. Staff recommends APPROVAL. Notices Sent: 13 2 & 8 2 E € @ & 2 € E a a E 5 3 e € E 2 * - as E a 5 & E a A 6 : & à R 147 : e E E Attachment A Legal Description THE EASTERLY 125.00 FEET OF THE FOLLOWING DESCRIBED LANDS: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 19, TOWNSHIP21 SOUTH, RANGE 23 EAST, SUMTER COUNTY, FLORIDA, LESS THE NORTHERLY 1037.40 FEET THEREOF; ALSO LESS ROAD RIGHT OF WAY. 4 4/325, 10:50 AM aumesurMAmdakomseynaRSynw #120629 Case #LU25-00008,Case #ZON25-000007 Submitted Received via Requester April 3, 2025 at 09:50 Mail sidekix <sidekix@aol.com> Type Priority. Group Assignee Status category Ticket status Normal Planning Jared Oberholtzer Open Open About Planning options Property Address or Parcel # Planning & Zoning Rezoning Not Yet Known sidekix April 3, 2025 at 09:50 Sent from my' Verizon, Samsung Galaxy sm artphone 1 Suzanne Ishee and my husband, Glenn Ishee, do not support the zoning changes due to the following reasons: 1. The use for the land is not clarified. 2. The right away should come off of HW'471...not CR 714. 3. This land is not in Webster and should not be transferred to Webster. 4. The ZMK Holdings owners are not rooted in this county originally and appear to have a strong connection to the Villages developers. 5. The date of the initial meeting has been changed at the last minute to a Sunday night, a time when most citizens are attending church. 6. There is no transparency. Disclaimer The information contained int this communicationt from the sender is confidential. kis intended solely for use by the recipient and others authorized tor receive it. f you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is stricty prohibited and may be unlaw fut This email has been scanned for viruses and maw are, and may have been autoratically archived by Mimecast, a leader in email security and cyber resilence. Mimecast integrates email defenses w ith brand protection, security aw areness training. w eb security. compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology falure; and to lead the movement tow ard building a more resilient W orkd. To find out more, visit our w ebsite. Jared Oberholtzer April 3, 2025 at 10:00 Good morning, Just to clarify two points: The date has not been changed to a Sunday night. It remains next Thursday, April 10. will be presenting the case myself. Additionally regarding transparency, please feel free to send any questions. I will happily provide answers as able and get you any other records requests per F.S. 119. sidekix April 3, 2025 at 10:20 Thank you for clarifying the date. misread that and offer my apologies. However, all my points still stand. There are already stakes on the land in question. My questions are centered around what is the purpose for this land? This is obviously not step one. The future is already planned out.. what is it for and why is it necessary? Why is the rightaway not coming off of 4717 lam asking directly if the developers from the Villages are involved directly or indirectly. Citizens need straightforward answers and upfront answers...not vague and evasive answers. Thank you. ahumtcarAzmdkkcomRosV2RSSPnA 1/4 4/3/25, 10:50AM PARArVAdNsACMAeVAROPNA Sent from my' Verizon, Samsung Galaxy smartphone Jared Oberholtzer April 3, 2025 at 10:39 Thanks for getting back to mel Id be happy to answer your additional questions and concerns. Firstly, this all has nothing to do with The Villages. rd like to make that very clear. The Keens are relocating their business Bushnell Truss from Bushnell to the Webster area. believe Bushnell Truss has been around since the '80's. Additionally, Im not sure what you mean by "the future is already planned out." . Their relocation is a very recent development, and this annexation/rezoning is step one. They own two parcels now in Webster. lhave drawn blue circles in their parcels below. tps/suntercountyzerdeskcomtoskets/120629print 214 4/3/25, 10:50AM tpss 5 ntercountylzende - Query Results Serchbyhl, Qvery ma Bapigefianasi E hn SOMek Marit Sacnk Matif: PraiD 019-060 Cnerlane ZMKHOLONGSUC MuingAdass 7895WCR476 Unt Cy BUSHAELL s R BpCots 33513 All of the green parcels are already within the city limits of Webster. The reason for the annexation and City rezoning of the blue parcel (still in the unincorporated County) is because the parcel is located within the Webster Joint Planning Area. The JPA agreement has been in place between the city and the county since September 2009. Various development triggers the agreement and thus requires annexation. Both of their parcels are aiready zoned industrial. However, the south (blue) parcel is in the county, so this is essentially just a straight swap from County zoning/future land use to the City of Webster zoning/future land use. As far as the right-of-way coming off 471, there are other privately owned parcels standing in the way of that. tps.huntercourtzendskcenvtckets/120629pint 3/4 4/3/25, 10:50 AM auwoaryAmuakasXCmAKyTAXAPnA Fd be happy to discuss any of this on the phone with you all too. Our phone number is 352-689-4400. Just press 2 for Planning, and youl get me. Jared Oberholtzer Planner Development Services Board of Sumter County Commissioners Tet 362-689-4400 Fax: 352-889-4401 wwsunterourtytgow Support Software by Zendesk ahuntrarAamdakamadevsppit 4/4 ORDINANCE NO. 2025-25 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA AMENDING THE SCHEDULE OF RATES FOR WATER AND WASTEWATER IMPACT FEES COLLECTED BY THE CITY OF WEBSTER BY INCREASING THE SAID WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INSTRUCTIONS RELATIVE TO CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Webster ("City") has complied with all requirements and procedures of Florida law in processing this Ordinance; and WHEREAS, the City Council of the City of Webster ("City Council") has the power and authority to enact this Ordinance under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 163, Florida Statutes, and Chapter 166, Florida Statutes, and other controlling law of the State of Florida; and WHEREAS, the City enjoys all governmental, corporate and proprietary powers necessary to enact ordinances in order to protect the health, safety and welfare of the City's citizens and residents; and WHEREAS, the City of Webster water public utility façilities and wastewater public utility facilities provide water and wastewater service to residents and businesses located in the in the Webster Utilities Service District, including the City of Webster; and WHEREAS, the City of Webster study, received a study dated February 9, 2022, issued by the Florida Rural Water Association of Tallahassee entitled "Water & Wastewater Impact Fee Study Report - City of Webster, Sumter Co., PWS: 6600330, Fac. ID: FLAI 88697" (the "Study"), with regard to imposing the City's water public utility 1Page facilities impact fees and wastewater public utility facilities impact fees; and which recommends a rate design adjustment and future rate adjustments; the aforementioned Study is incorporated herein by reference; and WHEREAS, based on the Study, by Ordinance No. 2022-03 adopted by the City Council on March 24, 2022, fixed the rate for water and wastewater impact fees at a rate that was one-half (%) of the rate that was recommended to be adopted by the Study; and WHEREAS, the City Council finds it necessary and advisable to amend the schedule of the City's water and wastewater impact fees to the rate originally recommended in the Study; and WHEREAS, the Florida Impact Fee Act, Section 163.31801, Florida Statutes, and the provisions of Chapter 2021-63, Laws of Florida, expressly do not apply to water and wastewater "connection fees;" and WHEREAS, water and wastewater impact fees charged to new customers of the City's Utility System are "connection fees" that are specifically exempt from the provisions of the Florida Impact Fee Act and Chapter 2021-63, Laws of Florida; and WHEREAS, the City Council of the City of Webster determines that the enactment of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the City of Webster; and WHEREAS, the City Council of the City finds that all public hearing and notice requirements imposed by general law for the consideration and adoption of this Ordinance have been met. 2/Page BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS. (a) The City staff report and City Council agenda memorandum relating to this matter are hereby adopted as if fully set forth herein. (b) The City of Webster has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c) The above recitals are hereby incorporated as the factual basis for the adoption of this Ordinance. SECTION 2. NEW SCHEDULE OF WATER AND WASTEWATER IMPACT FEES. ARTICLE V. = WATER UTILITY PUBLIC FACILITIES AND WASTEWATER UTILITY PUBLIC FACILITES IMPACT FEES, Section 38.154, subsection (c) of the Code of Ordinances of the City of Webster shall be amended to read as follows: (underlining indicates words or numbers being added; strikethroughs () indicate words or numbers being deleted; and *** indicates that certain provisions (or portions of a section) are intentionally not included in the amending languagel Sec. 38-154. Imposition of water utility public facilities impact fees and wastewater utility public facilities impact fees; impact fees fees/rates. (c) Water utility public facilities impact fees and wastewater utility public facilities impact fees shall be imposed and collected by the city at the following rates with the water utility public facilities impact fees and wastewater utility public facilities impact fees being applied in accordance with the definitions of uses set forth in this article and with any combination of development classification being calculated separately by each development classification and then added together for determination of a total fee: (1) Water utility public facilities impact fees: $1,500.00 $3,000.00 per ERC using the replacement value basis to capture the true and sustainable 3Pagie cost of the running its water utility public facilities/water utility and 250 GPD constituting an ERC. (2) Wastewater utility public facilities impact fees: $3,000.00 $4,760.00 per ERC using the replacement value basis to capture the true and sustainable cost of running its wastewater utility public faclites/wastewater utility and 250 GPD constituting an ERC. (3) Annual Adjustment of water utility public facilities impact fees and wastewater utility public facilities impact fees: The water utility public facilities impact fees and wastewater utility public facilities impact fees shall be adjusted annually on May 1 of each calendar year, beginning May 1, 2026, in accordance with Florida Public Service Commission current Price Index. SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager is hereby authorized and directed to implement the provisions of this Ordinance in such manner as may be deemed appropriate. SECTION 4. SAVINGS. The prior actions of the City of Webster relating to the provision of utility services, the charging for such services as well as the imposition of rates for utility systems and the collection of utility systems charges, in addition to any and all related matters, are hereby ratified and affirmed. SECTION 5. CONFLICTS. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or 4Page unconstitutional. SECTION 7. CODIFICATION. The provisions of this Ordinance shall not become and be made a part of the Code of Ordinances of the City of Webster, Florida and the Code codifier of the City Code is hereby authorized and directed to take all necessary and appropriate actions to ensure that the provisions of this Ordinance are appropriately codified. SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon enactment by the City Council and all rates set forth herein shall be applicable to the next billing cycle for each customer following the effective date of this Ordinance. PASSED AND ENACTED this day of 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Anagalys Vigoa, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Amy Flood, City Clerk William L. Colbert, City Attorney 5Page ORDINANCE NO. 2025-26 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA RELATING AND PERTAINING TO PARKING AND SOLICITATION ALONG OR ON RIGHTS-OF-WAY; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIRED AND PROHIBITED ACTS; PROVIDING FOR REGULATIONS AND ADMINISTRATIVE PROCEDURES; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR INSTRUCTIONS RELATIVE TO CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Webster ("City Council") has the power and authority to enact this Ordinance under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 163, Florida Statutes, and Chapter 166, Florida Statutes, and other controlling law of the State of Florida; and WHEREAS, the City enjoys all governmental, corporate and proprietary powers necessary to enact ordinances in order to protect the health, safety and welfare of the City's citizens and residents; and WHEREAS, the City wishes to address safety concerns and introduce regulations regarding the use of rights-of-way by motorists and solicitors on designated arterial and collector roads within the City; and WHEREAS, the City sees the need to adopt rules in connection with rights-of- way thereby establishing clear guidelines for determining priority in traffic and property scenarios involving right-of-way with such rules providing specific instructions on observing right-of-way and intending to reduce confusion and enhance the safety of citizens; and 1Page WHEREAS, the City intends to first emphasize education and awareness of right-of-way rules and regulations, and then proceed to enforcement wherein violations of this Ordinance will be punishable by a fine; and WHEREAS, because the right-of-way also extends beyond traffic regulations into property law, understanding the concept of right-of-way ensures safety and order on roads and properties; and WHEREAS, the City of Webster wishes to address parking and/or soliciting in the right-of-way and driving on the right-of-way, as such activities create safety issues with mowing, blocking utilities and/or breaking utility lines in the right-of-way and, in addition, vehicles parked on a public right-of-way can constitute a safety hazard by virtue of the obstruction to the free flow of traffic and can give rise to other traffic hazards; and WHEREAS, the City Council has determined that the enactment of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the City of Webster; and WHEREAS, the City Council finds that all public hearing and notice requirements imposed by general law for the consideration and adoption of this Ordinance have been met. NOW THEREFORE BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS. A. The City Council agenda memorandum and City staff report, if any, relating to this matter are hereby adopted as if fully set forth herein. 2/Page B. The City of Webster has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. C. The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Council of the City of Webster and incorporated into this Ordinance as if set forth in haec verba. D. It is the purpose of this Ordinance that for the protection of public safety, the City will regulate the use of the rights-of-way on all roads, streets, and highways within the City. SECTION 2. PURPOSE AND INTENT. A. This Ordinance is enacted to ensure that traffic hazards are minimized within the City with the goal of reducing accidents, injuries, damages and insurance rates paid by the citizens of the City of Oviedo. B. The City Council finds and determines that any commercial use of the public rights-of-way is incompatible with the intended use of the right-of-way, which is primarily for motor vehicle traffic, and is dangerous and otherwise poses a hazard to both motorists and non-motorists by distracting motorists and by causing motorists to stop and stand in ways that interrupt normal traffic movements, often on the City's most heavily traveled thoroughfares. These hazards are also created by persons who use the public right-of-way for parking, to solicit charitable donations, or distribute printed materials and other items not of a commercial nature. These safety concerns can be minimized by restricting the solicitation of charitable donations and distribution of printed materials to sidewalks and other non-traffic areas intended for pedestrian use and by restricting parking to only those areas that are designated for parking by the City. 3Page SECTION 3. SHORT TITLE; PURPOSE AND TERRITORIAL SCOPE. A. This Ordinance will be known and cited as "the City of Webster Commercial Use of Rights-of-Way Ordinance." B. It is the purpose of this Ordinance that for the protection of public safety, the City will regulate the commercial use of the rights-of-way on all roads, streets, and highways within the City street system. For purposes of this Ordinance "City street system" shall be defined pursuant to Section 335.01, et seq., Florida Statutes, as may be amended from time to time. SECTION 4. COMMERCIAL USE OF RIGHTS-OF-WAY. Except as provided below, it is unlawful to make any commercial use of the rights-of-way of any road, street, or highway within the City street system. Prohibited commercial uses shall include, but are not limited to: 1. The sale, or display for sale, of any merchandise, including vehicles; and, 2. The servicing or repair of any vehicle except, for the rendering of emergency service; and, 3. The storage of vehicles being serviced or repaired on abutting property or elsewhere; and, 4. The solicitation for the sale of goods, property, or services for charitable, educational, religious or political purposes; and, 5. The solicitation of funds or donations for educational, religious or political purposes; and 6. The display of any advertising other than advertising signs in compliance with Divisions 12 - Sign Standards of the City of Webster Land Development Code, as may be amended, renumbered, codified or replaced. SECTION 5. EXCEPTIONS. The commercial use of the right-of-way of any road, street or highway within the City street system is expressly prohibited, except that the commercial uses listed below 4IPage may occur in the public rights-of-way, but only in compliance with the requirements and conditions set forth herein: A. City Permitted or Sponsored Special Events. 1. Any portion of a road, street, or highway, including the rights-of- way, within the City street system may be used for an art festival, parade, fair, or other similar special event which is properly permitted by the City pursuant to Division 3, Temporary Use Standard of the Webster Land Development Code, as may be amended, or under control of the City as a City sponsored function. 2. The special events exception is not intended to apply to events for which the primary purpose is the solicitation of funds; or the solicitation for sale of goods, property, or services for educational, religious or political purposes. However, such activities may be permitted if they are clearly adjuncts of a properly permitted special event. B. Commercial Loading or Unloading. Temporary parking or stopping for the purpose of loading or unloading of merchandise, wares or passengers being received from or delivered to adjacent property is permissible only in the event a loading zone off the right of-way is not available. C. Mobile Food Vendors. 1. Any mobile food vendor who has a valid license issued by the Florida Department of Business and Professional Regulation shall be permitted to make sales from his/her vehicle while stopped on the right-of-way to occupants of abutting property only, subject to the following conditions: a. Hours of operation shall be sunrise till sunset. b. No vehicle shall stop on any arterial or collector street, road or highway. C. No vehicle shall back up along any street, road or highway except for emergency conditions. 5IPage d. When pulling over, all vehicles shall stop as close as safely possible to the edge or curb of the street on the right side of the street, road or highway. e. All vehicles may temporarily stop in the same location. A temporary stop shall not exceed the time necessary to sell to immediate purchasers and in no event shall a stop exceed fifteen (15) minutes. For purposes of this Subsection, a mobile food vendor is a person who sells food to the public from a vehicle which is self-propelled or otherwise readily moveable from place to place and which operates from an approved base commissary. D. Charitable Solicitation Drives. 1. Charitable solicitation drives may be conducted on or along the right-of-way of any road, street or highway within the City street system under the following conditions: a. Such drives are conducted by sworn and/or certified law enforcement officers or firefighters; or b. Such drives are conducted by an organization that is qualified under Section 501 of the Internal Revenue Code and registered under Chapter 496, Florida Statutes, or a person or organization acting on behalf of that organization under the following conditions: (1) The organization, or the person or organization acting on behalf of the organization, must obtain a permit from the City for the conduct of the solicitation drive and must provide all of the following: A. No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or organization that will perform the solicitation and the name and address of the organization that will receive funds from the solicitation. B. For review and comment, a plan for the safety of all persons participating in the solicitation, as well as 6IPage the motoring public, at the locations where the solicitation will take place. C. Specific details of the location or locations of the proposed solicitation and the hours during which the solicitation activities will occur. D. Proof of commercial general liability insurance against claims for bodily injury and property damage occurring on streets, roads, or rights-of- way or arising from the solicitor's activities or use of the streets, roads, or rights-of-way by the solicitor or the solicitor's agents, contractors, or employees. The insurance shall have a limit of not less than $1 million per occurrence for the general aggregate. The certificate of insurance shall name the City as an additional insured and shall be filed with the City of Webster City Clerk no later than 72 hours before the date of the solicitation. E. Proof of registration with the Department of Agriculture and Consumer Services pursuant to Section 496.405, Florida Statutes, or proof that the soliciting organization is exempt from the registration requirement. (ii) Organizations or persons meeting the requirements of subparagraphs (b)(i)(A-E) may solicit for a period not to exceed 10 cumulative days within 1 calendar year. (ii) All solicitation shall occur during daylight hours only and shall follow standard permit conditions. (iv) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danger to the participants or the public. No person may be in the lanes of traffic upon change from red traffic signal to green traffic signal for those lanes of traffic. (v) No person engaging in solicitation activities shall persist after solicitation has been denied, act in a demanding or harassing manner, or use any sound or voice-amplifying apparatus or device. 7Page (vi) All persons participating in the solicitation shall be at least 18 years of age and shall possess picture identification. (vii) Approved signage providing notice of the solicitation shall be posted at least 500 feet before the site of the solicitation. Other safety devices may be required by the City. (viii) Law enforcement for the City, or Sumter County Law Enforcement, may stop solicitation activities if any conditions or requirements of this Section are not met. (ix) Any Veterans organization requesting permission to solicit contributions on the City street system and/or intersections must be a Nationally Registered Veterans Organization recognized and chartered by Congress. SECTION 6. DANGEROUS OR DAMAGING USE OF PUBLIC RIGHTS-OF- WAY. A. Except as provided herein, or as otherwise permitted by law, it is unlawful to make any use of the public rights-of-way in a manner that interferes with the safe and efficient movement of people and property from place to place on a public road or right- of-way or that causes damage to such public right-of-way. Such prohibited activity includes by way of example and not by way of limitation: 1. Stopping, standing or otherwise occupying a median that is not sufficient pedestrian refuge on an arterial or collector road within the City by a pedestrian when that pedestrian is not in the process of lawfully crossing the road in accordance with applicable traffic and safety laws. 2. Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge through two (2) consecutive opportunities to cross in accordance with applicable traffic and safety laws is prima facie evidence of a violation of this Subsection. 3. A "sufficient pedestrian refuge" is defined as a paved or unpaved median separating lanes of traffic that is at least 6 feet wide, measured from back of curb to back of curb. 8Pago 4. Engaging in any physical interaction between a pedestrian and an occupant of a motor vehicle, including the transfer of any product or material, while the motor vehicle is located on the travelled portion of an arterial or collector road within the City and is not legally parked. 5. Driving over, across or through any portion of a public roadway or right-of-way that has been designated by the City as non-usable or non-passable due to its use in connection with under or above ground utilities. For the purpose of this Ordinance the phrase "public rights-of-way" shall be defined as set forth in Section 334.03 (22), Florida Statutes (2025) as may be amended from time to time. 6. Nothing in this Section shall prohibit the following: a. Law enforcement, fire and rescue, or other government employees or contractors acting within the scope of their lawful authority. b. A person conducting inspection, construction, maintenance, repair, survey, or other legally authorized services. C. A person responding to lend aid during an emergency situation. d. Use of public roads and rights-of-way that have been closed to vehicular traffic for a special event permitted by the appropriate governmental entity. SECTION 7. ENFORCEMENT AND PENALTIES. A. The City may enforce the provisions of this Ordinance by any means available to the City under the controlling provisions of federal or state law. The City Manager, in conjunction with Sumter County Law Enforcement, is authorized to direct the pursuit of any legal remedy available under controlling state law. B. Without limiting the generality of Subsection (a) of this Section, Sumter County Law Enforcement officers may issue citations for each violation with a fine of $500.00 under the provisions of F.S. S 162.22. Any person desiring to contest such 9Page citation may elect to do sO by filing a request for hearing with the City Clerk within five business days of the date that the citation is issued and the City shall schedule a hearing before a hearing officer appointed by the City or Sumter County to hear such cases. C. Without limiting the generality of Subsection (a) of this Section, the City or any other agency with jurisdiction, in addition to any other remedies provided by law, may seek in a court of competent jurisdiction an injunction against any person or entity who continually violates this Ordinance and, if the City prevails, it shall be entitled to recover reasonable attorney's fees and court costs in addition to any other relief granted. D. Parents and guardians are responsible for the violations of minors in their legal custody regardless of whether temporary or permanent. E. It is prohibited and unlawful to fail to comply with the provisions of this Ordinance. F. The provisions set forth in Section 316.001, et seq., Florida Statutes, may be applied, when not inconsistent with the provisions of this Ordinance, to assist in the implementation and administration of this Ordinance. SECTION 8. DEFINITIONS. For the purposes of this Ordinance, the following terms shall have the following meanings: A. Public right-of-way means all portions of any public roadway normally available for use by motor vehicles, including turn lanes, marked bicycle lanes, and emergency stopping lanes, as well as all medians or traffic islands within such 10Page roadways. Public right-of-way shall not include sidewalks or other areas adjacent to the roadway. B. Median means a paved, planted, or unimproved area of land dividing lanes of a street. SECTION 9. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager is hereby authorized and directed to implement the provisions of this Ordinance in such manner as may be deemed appropriate. SECTION 10. SAVINGS. The prior actions of the City relating to the regulation of solicitation and the regulation of rights-of-way are hereby ratified and reaffirmed. SECTION 11. CONFLICTS. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 12. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 13. CODIFICATION. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Webster, Florida and the Code Codifier of the City Code is hereby authorized and directed to take all necessary and appropriate actions to ensure 11Page that the provisions of this Ordinance are appropriately codified, provided however, Sections 1, 2, 9, 10, 11, 12, 13 and 14 shall not be codified. SECTION 14. EFFECTIVE DATE. This Ordinance shall become effective immediately upon enactment by the City Council and all rates set forth herein shall be applicable to the next billing cycle for each customer following the effective date of this Ordinance. PASSED AND ENACTED this day of 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Anagalys Vigoa, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Amy Flood, City Clerk City Attorney 121Page CITY OF WEBSTER, FLORIDA BUSINESS IMPACT ESTIMATE ORDINANCE NO. 2025-27 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA, AMENDING CHAPTER 30 = PARKS AND RECREATION BY ADDING A NEW SECTION 30-25 THAT INCLUDES PROVISIONS PROHIBITING SMOKING, VAPING, AND USE OF SMOKELESS TOBACCO IN MUNICIPAL PARKS; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS, SEVERABILITY AND SCRIVENERS ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City of Webster is of the view that a business impact estimate is not required by state law for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including evenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190. 005 and 190. 046, Florida Statutes, regarding community development districts; 1 C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City of Webster hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Florida Statutes Section 386.209 preempts the regulation of smoking to the State but allows municipalities to restrict smoking within its public parks. This Ordinance regulates smoking, vaping and use of tobacco products within City parks. This Ordinance is enacted for the health, safety, and welfare of the citizens of Webster. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City of Webster: (a). An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City of Webster regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The direct economic impact of the proposed ordinance on private, for-profit businesses in the City is indeterminate. No direct compliance costs are estimated to be incurred by businesses as a result of the adoption of this Ordinance. There is no anticipated regulatory cost to be incurred by the City associated with this Ordinance and no revenue is expected to be received as a result of this Ordinance. 3. A Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is estimated that there will be no businesses impacted by this Ordinance. 4. Additional information the governing body deems useful (if any): There is no additional information deemed useful. 2 ORDINANCE NO. 2025-27 AN ORDINANCE OF THE CITY OF WEBSTER, FLORIDA, AMENDING CHAPTER 30 - PARKS AND RECREATION BY ADDING A NEW SECTION 30-25 THAT INCLUDES PROVISIONS PROHIBITING SMOKING, VAPING, AND USE OF SMOKELESS TOBACCO IN MUNICIPAL PARKS; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS, SEVERABILITY AND SCRIVENERS ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Webster ("City Council") has the power and authority to enact this Ordinance under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 163, Florida Statutes, and Chapter 166, Florida Statutes, and other controlling law of the State of Florida; and WHEREAS, the City enjoys all governmental, corporate and proprietary powers necessary to enact ordinances in order to protect the health, safety and welfare of the City's citizens and residents; and WHEREAS, the City wishes to address safety concerns and introduce regulations regarding smoking and vaping and use of smokeless tobacco within City parks and recreation areas; and WHEREAS, pursuant to section 386.209, Florida Statutes, the State legislature preempted the regulation of smoking to the State and prohibits municipalities and counties from regulating smoking within its jurisdiction, however, municipalities are permitted to restrict smoking within public parks that the City owns, but not including the right to restrict the smoking of unfiltered cigars; and 1Page WHEREAS, as noted in many published reports, secondhand smoke has been linked to numerous health problems and has been causally linked to cancer and other fatal diseases; and WHEREAS, various articles have reported that electronic smoking devices emit secondhand aerosol which contain nicotine, ultrafine particles and low levels of toxins that are known to cause cancer; and WHEREAS, it has been widely reported that the use of smokeless tobacco products can cause various harmful effects such as dental disease, oral cancer, esophagus cancer, pancreatic cancer, coronary heart disease as well as negative reproductive effects including stillbirth, premature birth and low birth weight; and WHEREAS, the youth of our community and communities throughout Florida currently play on playgrounds, athletic fields, skate parks, aquatic facilities and other recreation facilities where smokers might create secondhand smoke; and WHEREAS, the Center of Disease Control states secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and WHEREAS, the City Council has determined that the enactment of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the City of Webster; and WHEREAS, "Smoking" is defined in Chapter 386, Florida Statutes, as "inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product"; and 2Page WHEREAS, the City Council finds that all public hearing and notice requirements imposed by general law for the consideration and adoption of this Ordinance have been met. NOW THEREFORE BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS. A. The City Council agenda memorandum and City staff report, if any, relating to this matter are hereby adopted as if fully set forth herein. B. The City of Webster has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. C. The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Council of the City of Webster and incorporated into this Ordinance as if set forth in haec verba. SECTION 2. AMENDMENT TO CODE OF ORDINANCES. The City of Webster Code of Ordinances, Chapter 30, ARTICLE II, shall be amended by creating a new Section 30-25 entitled "Smoking, Vaping and Use of Smokeless Tobacco Prohibited within Municipal Parks" which shall read as follows: Sec. 30-25. - Smoking, Vaping and Use of Smokeless Tobacco Prohibited Within Municipal Parks. It shall be unlawful for any person to smoke cigarettes, filtered cigars, pipes, use electronic vaporizers, or any other smoking apparatus or vaping device or use smokeless tobacco on playing fields and playgrounds, bleacher areas, dugouts, around team seating areas, concession areas, spectator areas, or any other area not specifically designated as a permitted smoking area within any municipal park or 3Page recreation area. If the City chooses to provide any designated smoking area(s) in any of its parks and recreation areas, such area(s) will be specifically identified by signs indicating that smoking is only permitted in such designated area. For the purposes of this Section: "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. However, unfiltered cigars" shall be exempt from this definition of smoking and "Vape" or "vaping" means to inhale or exhale vapor produced by a vapor generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device. "Smokeless tobacco" is a tobacco product that is used by means other than smoking; their use involves chewing, sniffing, or placing the product between gum and the cheek or lip; smokeless tobacco products are produced in various forms, such as chewing tobacco, dips, snuff, snus, and dissolvable tobacco products. Words not otherwise defined herein shall have the meaning set forth in Part II, Chapter 386, Florida Statutes (the Florida Clean Air Act), or shall be construed to mean the common and ordinary meaning. SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager is hereby authorized and directed to implement the provisions of this Ordinance in such manner as may be deemed appropriate. 4Page SECTION 4. SAVINGS. Any prior actions of the City relating to the regulation of smoking and vaping in City parks are hereby ratified and reaffirmed. SECTION 5. CONFLICTS. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 7. CODIFICATION. The provisions set forth in Section 2 of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Webster, Florida and the Code Codifier of the City Code is hereby authorized and directed to take all necessary and appropriate actions to ensure that the provisions of this Ordinance are appropriately codified, provided however, Sections 1, 3, 4, 5, 6, 7, and 8 shall not be codified. 5Page SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption of this Ordinance by the City Council. First Reading: Second Reading: PASSED AND ENACTED this day of 2025. CITY COUNCIL OF THE CITY OF WEBSTER, FLORIDA Anagalys Vigoa, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Amy Flood, City Clerk City Attorney 6Page