2024-O-63 - Florida Shores Moratorium ORDINANCE NO. 2024-0-63
AN ORDINANCE OF THE CITY OF EDGEWATER
ADOPTING A TEMPORARY MORATORIUM ON
CERTAIN BUILDING PERMITS FOR THE FLORIDA
SHORES DRAINAGE BASIN LIMITING ANY BUILDING
PERMIT THAT WOULD INCREASE IMPERVIOUS
SURFACE AREA 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THAN JANUARY S, 2026, UNLESS RESCINDED OR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 Ian made landfall on the west coast of Florida as a category 4
storm on September 28,2022 and made its way across the state of Florida and traveled up the east
coast causing wide-spread flooding along its route; and
WHEREAS,The City of Edgewater experienced 21 inches of rainfall in less than 24 hours;
and
WHEREAS, approximately 1,200 homes flooded in the City of Edgewater resulting in
substantial damage to real property, and
WHEREAS, On September 14, 2024 the City of Edgewater experienced 7 inches of
rainfall in less than 2 hours; and
WHEREAS, approximately 12 miles of roads in Florida Shores experienced substantial
flooding making roads impassable; and
WHEREAS, the City of Edgewater has hired Jones Edmunds and Associates, Inc. to
perform a stormwater master plan;and
WHEREAS, while Jones Edmunds and Associates, Inc. is preparing the stormwater
master plan, the City Council seeks to declare a temporary building moratorium on building
permits that would increase impervious surface area in the Florida Shores Drainage Basin until the
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City has performed the necessary maintenance and potential improvements for stormwater systems
including, but not limited to, ditches and canals in the Florida Shores Drainage Basin in order to
prevent further wide-spread damage and destruction in the future due to flooding; and
WHEREAS, based upon Jones Edmund's timeline,the stormwater master plan should be
completed within the next 15 months, with a draft expected within the next 12 months, the City
Council has determined that this temporary moratorium should be in place until January 5, 2026,
or until rescinded or extended by a subsequent ordinance; and
WHEREAS,Exhibit A identifies the properties within the boundary of the Florida Shores
Drainage Basin to be affected by the temporary moratorium; and
WHEREAS,the temporary moratorium was considered by the Planning and Zoning Board
on November 13, 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 building permits that would increase impervious
surface area such as, but not limited to, new single family homes, additions, attached garages,
detached garages,sheds,pools,driveways,patios on any parcel within the Florida Shores Drainage
Basin described in Exhibit A to provide time for the City to review the impacts of Hurricane Ian
and the storm event on September 14,2024.During the temporary moratorium the City shall repair,
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2024-0-63
maintain, and improve ditches, canals, and other stormwater systems while the City awaits the
Jones Edmunds and Associates, Inc. master stormwater plan to make new improvements. While
the temporary moratorium is in effect, the City shall not accept, process, or approve any building
permit which would increase impervious surface except those that have already been submitted
prior to the effective date of this Ordinance.
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 th�-
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.
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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
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 day of� i ,2025.
1c ,
Diezel DePew, Mayor
ATTEST:
Bor`iAi�-Aotnik,lU-A)C, City Clerk
Passed on first reading on the Vc-y day ofj ,e 0 .a1t✓�,�i ;L , 2024
REVIEWED AND APPROVED: ) �
Aaron R. Wo"IcAttorney
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EXHIBIT "A"
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2024-0-63