2024-O-62 - City Wide Moratorium ORDINANCE NO. 2024-0-62
AN ORDINANCE OF THE CITY OF EDGEWATER
ADOPTING A TEMPORARY MORATORIUM ON
ANNEXATIONS, REZONINGS, COMPREHENSIVE PLAN
AMENDMENTS, SITE PLANS, PRELIMINARY PLATS,
AND FINAL PLATS FOR THE ENTIRE CITY OF
EDGEWATER FOR A PERIOD ENDING NO LATER THAN
JANUARY S, 2026, UNLESS RESCINDED OR EXTENDED
BY A SUBSEQUENT ORDINANCE, PROVIDING
PROCEDURES FOR VESTED RIGHTS REVIEW FOR THE
SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING
FOR CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY,And PROVIDING AN EFFECTIVE DATE.
WHEREAS,Hurricane Milton made landfall in Florida on October 9, 2024; and
WHEREAS, Hurricane Milton resulted in 200 homes being flooded in the City of
Edgewater located not in a Special Flood Hazard Area;and
WHEREAS, the City of Edgewater has not performed an entire comprehensive plan
update since 2019; and
WHEREAS, the City of Edgewater has approximately 11,400 residential units entitled
with an average of 400 homes being constructed per year; and
WHEREAS, the City of Edgewater with its current entitlements is expected to have
roughly the same population as Port Orange based upon population per household statistics from
the Bureau of Economic and Business Research; and
WHEREAS,Park Avenue and US 1 Corridor have not experienced flooding,and the City
seeks to allow for the exemption of commercial and industrial zoned property from the
moratorium; and
WHEREAS, the City of Edgewater has not assigned all unincorporated properties within
the Interlocal Service Boundary Agreement with a future land use designation;and
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WHEREAS, the City of Edgewater needs to amend the Municipal Service Agreement
with Volusia County based upon anticipated growth; and
WHEREAS, the City of Edgewater needs to update the Potable Water Supply Plan with
Saint Johns River Water Management District;and
WHEREAS, the City of Edgewater seeks to guide future growth in a collaborative
manner with the public through a new comprehensive plan and land development code; and
WHEREAS, the temporary moratorium was considered by the Planning and Zoning
Board on November 11, 2024, and the Board recommended approval by a vote of seven to zero;
and
WHEREAS, the City Council feels it is in the best interest of the public health, safety,
and welfare of the citizens of the City of Edgewater to adopt the temporary moratorium as more
particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater,Florida:
SECTION 1: Recitals Adopted. Each of the above state recitals is hereby adopted and
confirmed as being true,and the same are hereby made a specific part of the Ordinance.
SECTION 2: Moratorium Imposed. A temporary moratorium, until no later than
January 5, 2026, is hereby imposed on the consideration of annexations, rezoning's, zoning PUD
amendments, comprehensive plan amendments, site plans, preliminary plats, final plats and for
any complete development application that has been accepted for review prior to the effective
date of this Ordinance. Commercial and Industrial zoned parcels within the Ridgewood Corridor
and Park Avenue Corridor are excluded from the City-Wide Moratorium. The Park Avenue
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Corridor boundaries are defined in Exhibit A. The US 1 Corridor has been illustrated in Exhibit B
and C.
Applications submitted prior to the effective date of this Ordinance shall be allowed to
complete the development process as follows:
• If an applicant has received approval for an annexation, rezoning, and/or
comprehensive plan amendment within the last six months prior to the effective date
of this Ordinance, said applicant shall have the right to submit a site plan and / or a
preliminary plat and subsequently a final plat.
• If an applicant has submitted for a preliminary plat prior to the effective date of this
Ordinance, said applicant shall be allowed during the moratorium to submit for final
plat.
While the temporary moratorium is in effect, the City shall not accept, process, or
approve any new applications beyond the exceptions denoted above for annexations, rezoning's,
comprehensive plan amendments, site plans, preliminary plats, or final plats. The following are
examples that would not be accepted, processed, or approved during the moratorium:
• An applicant who received entitlements more than six months prior to the effective
date of the moratorium who does not have an application submitted for a site plan,
preliminary plat, and/or final plat prior and to the effective date of the Moratorium
shall not be allowed to submit for site plan, preliminary plat, and/or final plat and
complete the process as described above during the term during the temporary
moratorium.
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SECTION 3: Determination of Vested Rights or Denial of All Economic Use.
A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of
a property owner to complete development of a parcel where the property owner can
demonstrate by substantial competent evidence each of the following:
1. A governmental act of development approval was obtained prior to the
effective date of this Ordinance; and
2. Upon which the property owner has detrimentally relied, in good faith, by
making substantial expenditures;and
3. That it would be highly inequitable to deny the property owner the right to
complete the development.
B. Any property owner claiming vested rights under this Section 3 must file an
application with the Development Services Director for a determination within 30
days after the effective date of this Ordinance. The application shall contain a sworn
statement as to the basis upon which the vested rights are asserted, together with
documentary evidence supporting the claim. The Development Services Director
shall review the evidence submitted and make a determination as to whether the
property owner has established vested rights for the parcel based upon competent
substantial evidence. The property owner may appeal the Development Services
Director's determination pursuant to the appeal procedure set forth in Article I,
Sec.21-07.06(c), LDR.
SECTION 4: Exhaustion of Administrative Remedies. No property owner claiming
that this Ordinance, as applied, constitutes or would constitute an abrogation of vested rights may
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pursue such a claim in court, unless he or she has first exhausted the applicable administrative
remedies provided in Section 3 of this Ordinance.
SECTION 5: Conflicts. In the event that the provisions of this Ordinance are in conflict
with any other ordinance, then the provisions of this Ordinance shall prevail.
SECTION 6: Severability. If any section, subsection, sentence, clause, phrase,
provision, or word of this Ordinance is held to be invalid or unconstitutional by a court of
competent jurisdiction, then such invalidity or unconstitutionality shall not be held to invalidate
or impair the validity, force, or effect of any other remaining provisions of this Ordinance.
SECTION 7: Effective Date. This Ordinance shall become effective immediately upon
its adoption. The temporary moratorium enacted by this Ordinance shall terminate no later than
January 5,2026, unless rescinded or extended by subsequent ordinance.
PASSED AND DULY ADOPTED this Cp day of 2025.
Diezel DePew, Mayor
""ATT)EST'•
i �--
Bonnie Z�lotnik, C, City Clerk
Passed on first reading on the day of 1 2024
REVIEWED AND APPROVED: Ca
Aaron R. Wol , Ci Attorney
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2024-0-62
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