01-06-2025City Council
City of Edgewater
Meeting Agenda
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers6:00 PMMonday, January 6, 2025
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE AND INVOCATION
2. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
3. APPROVAL OF MINUTES
None at this time
4. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
None at this time
5. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments to
three (3) minutes or less.
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
None at this time
8. BOARD APPOINTMENTS
Appointment of Vice-Mayora.
9. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Resolution No. 2025-R-01: Calling for a special election due to the resignation of
District 4 Councilman Rob Wilkie.
a.
2025-R-01 Special ElectionAttachments:
Page 1 City of Edgewater Printed on 12/23/2024
January 6, 2025City Council Meeting Agenda
2nd Reading - Ordinance 2024-O-62: Request for approval for a City wide Moratorium
regarding annexations, rezoning’s, comprehensive plan amendments, site plans,
preliminary plats, and final plats.
b.
Moratorium Workshop
Ordinance 2024-O-62
Attachments:
2nd Reading - Ordinance 2024-O-63: Request for approval for a Building Permit
Moratorium within the Florida Shores Drainage Basin.
c.
Moratorium Workshop
Ordinance 2024-O-63
Attachments:
10. OTHER BUSINESS
None at this time
11. OFFICER REPORTS
a.City Clerk
b.City Attorney
c.City Manager
12. CITIZEN COMMENTS
13. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk Bonnie Zlotnik, CMC, 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
Page 2 City of Edgewater Printed on 12/23/2024
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:AR-2025-0002,Version:1
COUNCIL AGENDA ITEM
SUBJECT:
Appointment of Vice-Mayor
DEPARTMENT:
City Clerk
SUMMARY:
Pursuant to the City Charter,at the first Council meeting after each regular city election,the Council shall elect
one of its members as Vice-Mayor.The Vice-Mayor shall act as Mayor during the absence or disability of the
Mayor.
BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable
BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable
RECOMMENDED ACTION:
Motion to appoint one member of City Council as Vice-Mayor
City of Edgewater Printed on 12/23/2024Page 1 of 1
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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:2025-R-01,Version:1
COUNCIL AGENDA ITEM
SUBJECT:
Resolution No.2025-R-01:Calling for a special election due to the resignation of District 4 Councilman Rob
Wilkie.
DEPARTMENT:
City Clerk
SUMMARY:
On December 2,2024,Councilman Wilkie resigned his seat as the elected representative of City Council
District 4; with an effective date of January 6, 2025.
Pursuant to Section 3.09 (d)(4)of the City Charter,a vacancy in the Council shall be filled by special election
when the vacancy occurs with more than six (6)months before the next regularly scheduled election.The next
election is scheduled for November 2026;therefore,the City Council must fill the vacancy by special election.
The special election shall be held no less than 60 days and no more than 90 days following the occurrence of
the vacancy.
The special election is proposed to be held on April 1,2025,with a primary election on February 18,2025 if
necessary.Qualifying will be held starting at 9:00 am on January 13,2025 and ending at noon on January 15,
2025.
The Volusia County Supervisor of Elections will conduct the election and provide the poll works;the City shall
provide the canvassing board to canvass the results of the special election.
An estimated cost of the special election has not yet been established.
BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable
BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable
RECOMMENDED ACTION:
Motion to approve Resolution No. 2025-R-01
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2025-R-01
RESOLUTION NO 2024-R-01
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; CALLING A SPECIAL ELECTION - PRIMARY
(IF NECESSARY) AND GENERAL, TO FILL THE
VACANCY IN CITY COUNCIL - DISTRICT 4 FOR THE
UNEXPIRED TERM; ESTABLISHING A QUALIFYING
PERIOD; PROVIDING FOR A CANVASSING BOARD;
APPROVING AN AGREEMENT WITH THE VOLUSIA
COUNTY SUPERVISOR OF ELECTIONS TO CONDUCT
THE ELECTION AND TO PROVIDE POLL WORKERS;
ELECTING NOT TO PROVIDE EARLY VOTING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on December 2, 2024, District 4 Councilman Rob Wilkie submitted his
Notice of Resignation effective January 6, 2025.
WHEREAS, pursuant to Section 3.09 (d)(4) of the City Charter, a vacancy in the Council
shall be filled by special election when the vacancy occurs with more than six (6) months before
the next regularly scheduled election. The next election is scheduled for November 2026;
therefore, the City Council must fill the vacancy by special election.
WHEREAS, pursuant to Section 3.09 (d)(4) of the City Charter, the special election shall
be scheduled not sooner than 60 days, nor more than 90 days following the occurrence of the
vacancy and if a primary is necessary, it shall be held as required by the election laws of the State
of Florida.
WHEREAS, the special election to fill the vacancy in District 4 must occur no sooner than
March 7, 2025 (60 days) and no later than April 6, 2025 (90 days).
WHEREAS, City Council has selected February 18, 2025, as the date for the Special
Primary Election, if needed, and April 1, 2025 as the date of the Special General Election.
Struck through passages are deleted 2
Underlined passages are added
2025-R-01
WHEREAS, the city must designate a canvassing board to canvass the results of the
special election.
WHEREAS, the City must enter into a contract with the Volusia County Supervisor of
Elections to conduct the special election, which will include providing poll workers.
NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater
Florida.
SECTION 1. The City Council hereby calls a Special Election on April 1, 2025; with a
Special Primary Election, if needed, to be held on February 18, 2025 to fill the vacancy in District
4 with the candidate elected to serve the unexpired term of District 4.
SECTION 2. The City Council hereby establishes the qualifying period for the Special
Election commencing at 9:00 a.m. on Monday, January 13, 2025 and ending at noon on
Wednesday, January 15, 2025.
SECTION 3. The City Council hereby appoints Mayor Diezel Depew, City Clerk Bonnie
Zlotnik, and Interim City Manager Jeff Thurman as the City of Edgewater’s canvassing board for
this election.
SECTION 4. The City Council hereby authorizes the Interim City Manager to execute an
agreement with the Volusia County Supervisor of Election to conduct the special election.
SECTION 5. The Volusia County Supervisor of Elections shall provide all poll workers
for this election pursuant to the approved agreement.
SECTION 6. The City hereby elects not to provide for early voting for the Special
Election.
SECTION 7. Conflicting Provisions. All conflicting ordinances and resolutions are
hereby superseded by this resolution to the extent of such conflict.
Struck through passages are deleted 3
Underlined passages are added
2025-R-01
SECTION 8. Severability and Applicability. If any portion of this resolution is for any
reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holdings shall not affect its
applicability to any other person, property, or circumstance.
Section 9. This Resolution shall become effective immediately upon passage and
adoption.
PASSED AND DULY ADOPTED this _____ day of __________________, 2025.
Diezel Depew, Mayor
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:2024-O-62,Version:3
ITEM DESCRIPTION:
2nd Reading -Ordinance 2024-O-62:Request for approval for a City wide Moratorium regarding annexations,
rezoning’s, comprehensive plan amendments, site plans, preliminary plats, and final plats.
The City Council held a workshop on November 8th,2024.The City Council was presented with two
moratoriums that was drafted by the Development Services Director and the City Attorney at the request of the
Council.
The city wide moratorium would not allow any new applications for rezoning’s,zoning PUD amendments,
comprehensive plan amendments,site plans,preliminary plats,or final plats.If an applicant has applied prior to
the effective date of the 2nd reading of the Moratorium ordinance,said applicant would be allowed to complete
the process.The city wide moratorium would be in effect for one year from the date of the 2nd reading of the
city wide moratorium ordinance.
The city wide moratorium will be heard before the Planning and Zoning Board on November 13th.The 1st
reading before City Council will be on December 2nd.The second reading will be held on January 6th.Between
the 1st and 2nd reading,the City Council requested staff allow for exceptions to the moratorium for Commercial
and industrial zoned properties located in the Park Avenue and US1 Corridors.
City staff and the City Attorney believe the proposed moratoriums are legally defensible.The moratorium does
not run afoul of the Bert J Harris Act because it is not longer than one year,it is directly tied to the concern of
flooding in the City of Edgewater,provides for solutions to prevent future flooding through updates to both the
comprehensive plan and land development code,and protects the due process rights enshrined in the 14th
Amendment of current applicants.
The city wide moratorium will allow the City of Edgewater to undergo a thorough review of the land
development code and comprehensive plan to address code requirements.Special attention will be given to the
code requirements for stormwater systems,wetlands,and tree preservation.Staff believe this process will take
roughly twelve months to complete.
The language of the Ordinance is as follows:
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, and final plats.
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
City of Edgewater Printed on 12/23/2024Page 1 of 2
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File #:2024-O-62,Version:3
·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.
Business Impact Statement:
According to the American Community Survey (ACS)2023 Employment data,the City of Edgewater has
approximately 752 residents employed in the construction industry.Roughly eight percent of city residents are
employed in the construction industry.The proposed moratorium will result in a significant decrease in the
quantity of work available for those in the construction industry.In addition,the moratorium will likely impact
small businesses,especially restaurants.The Planning and Building Department will also receive less revenue,
potentially requiring the allocation of more general revenue funds to fund the department than in prior years in
the upcoming 2026 -2027 fiscal year.The City of Edgewater will also experience a significant delay in new ad
valorem tax revenue as many existing projects shall be completed and no new projects will be permitted for a
year.The tax revenue from new projects constructed after the moratorium will not be included in the tax roll
until the following year in 2027.The City is facing significant financial bonding requirements such as the public
works building estimated at 40 million,a new waste water treatment plant that will cost 100 million dollars,and
the yet to be determined cost of the stormwater capital improvements plan to be provided in the stormwater
master plan in December of 2025.
Planning and Zoning Board:
The Planning and Zoning Board sent a favorable recommendation to City Council with seven in favor,zero in
opposition.
RECOMMENDED ACTION
Motion to approve Ordinance 2024-O-62.
City of Edgewater Printed on 12/23/2024Page 2 of 2
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Moratorium Workshop
November 7th, 2024
4:00 p.m.
Moratorium Guidance
Purpose
Define the problem?
Nexus
How does the moratorium relate to the problem?
Solutions
What will we accomplish during the moratorium and how does that relate to the problem?
Pertinent Laws and
Judicial Decisions
Bert J Harris Act
The Legislature determines that there is an important state interest in protecting the interests of private property owners
from such inordinate burdens. Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action
from the law of takings, the Legislature herein provides for relief, or payment of compensation, when a new law, rule,
regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.
When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested
right to a specific use of real property, the property owner of that real property is entitled to relief, which may include
compensation for the actual loss to the fair market value of the real property caused by the action of government, as
provided in this section.
The terms “inordinate burden” and “inordinately burdened”:
1.Mean that an action of one or more governmental entities has directly restricted or limited the use of real property
such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the
existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a
whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner
bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be
borne by the public at large.
The Bert J. Harris Act further provides that temporary impacts to real property in effect for one year or less do not
constitute an “inordinate burden” to property. However, a temporary impact on development that is in effect for longer
than one year may, depending on the circumstances, constitute an “inordinate burden”.
First English Evangelical Lutheran
Church v Los Angeles County, 482
U.S. 304 (1987)
In 1957, a church purchased land on which it operated a campground and retreat for handicapped children called
“Lutherglen.”6 The church’s land was located in a canyon along the banks of Mill Creek, which functioned as a natural
drainage channel. In July 1977, a fire occurred that burned approximately 3,860 acres of the watershed area for Mill
Creek.
In February 1978, a storm dropped a total of 11 inches of water in the watershed area, causing the usually dry creek to
become a raging river and sweeping away buildings at Lutherglen and elsewhere in the canyon. No people were killed
or injured at Lutherglen, but the storm drowned 10 persons outside of the facility and inflicted millions of dollars in
losses in the community.
As a result of the flood, Los Angeles County adopted an interim ordinance prohibiting the construction of any building
in interim flood protection areas, including the church’s property. The church immediately filed suit seeking damages.
In First English, the Court held that landowners were entitled to damages for temporary takings. The substantive
holding of the Court was that when the government’s activities deprive a landowner of all use of property, no
subsequent action can relieve it of the duty to provide compensation for the period of time during which the regulation
was effective.
Assistant Attorney General, Joslyn Wilson
opinion regarding Issuance of Permits
while Moratorium under Consideration
New Smyrna Beach
Moratorium
Ordinances in relation
to proposed City of
Edgewater
Moratoriums
1
NSB Ordinance No. 17-24
Area Specific Moratorium
1
Proposed Florida Shores
Drainage Basin Moratorium
SECTION 2: Moratorium Imposed.A temporary moratorium, until no later than
_____, 2025, 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, 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, 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 are related to
Hurricane Milton damage or those that have already been submitted prior to the effective
date of this Ordinance.
1
NSB Ordinance No. 74-22
City Wide Moratorium
1
Proposed City Wide
Moratorium
SECTION 2: Moratorium Imposed.A temporary moratorium, until no later than _____, 2025, is hereby imposed on the
consideration of annexations, rezoning’s, comprehensive plan amendments, site plans, preliminary plats, and final plats.
Commercial and Industrial projects shall not be subject to the moratorium.
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 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.
Potential Economic
Impacts
1
American Community Survey
(ACS) 2023 Employment Data
Potential Tasks to
Accomplish during
Moratorium
1
Timelines of Potential Tasks to be
Accomplished during a Moratorium
Task Estimated Time to
Completion What this task entails Development Services Suggestions
Entire Land Development Code Update 12 months
Public Education Seminars (Min 4), Public Workshops (Min. 10) -Start Broad and
progressively narrow scope over repeated public meetings with staff analysis and
summarization of public input, drafting document, requesting approval from
Economic Development Board and Planning and Zoning Board
•Tailored Zoning for Area Specific Plans •Tree preservation
update •Permitted Use Table •Parking Table •Enhanced
Design Standards
Entire Comprehensive Plan Update 12 months
Public Education Seminars (Min 4), Public Workshops (Min. 10) -Start Broad and
progressively narrow scope over repeated public meetings with staff analysis and
summarization of public input, drafting document, requesting approval from
Economic Development Board and Planning and Zoning Board
•Density Review •ISBA County Property FLU Assignment
•Area Specific Planning (Districts, Corridors, Neighborhoods,
Villages, Hamlets, ect.)
Stormwater Code Update 4 to 5 months
Development Services working with Environmental Services to Update Article IV
and Article V
•100 year/ 24 hour (13.1 inches) closed basin design prior to
discharge to public conveyance even if in open basin •1 cup
to 1.5 cups for compensating storage •Limiting the mitigation
of wetlands to isolated ones that are less than 1/2 acre.
Stormwater Maintenance Ongoing
Continue to implement and monitor scheduled cleaning of swales and culverts.
Identify problem areas in exisiting system, create a project list to prioritize fixes, act
to fix said problems.
•Continue to use Track EZ for reports of problems to identify
non functioning areas and fix.
Jones Edmunds Stormwater Master Plan 12 months
Mapping of City drainage system, identification of flooding prone areas, Capital
Improvement Projects List based on cost/benefit analysis.
•Hold off on large capital projects until report is finalized
•Raise stormwater fee in anticipation of Capital
Improvement Project to get a running start on
implementation of project list.
Stormwater Impact Fee and Affordable
Housing Impact Fee
12 months Go out to bid, hire consultant, draft report, present and adopt before City Council.
•Over 11,000 units are entitled and yet to be built. City has
opportunity capture 11,000 units worth of impact fees to help
expand stormwater capacity and establish a war chest for
public/private affordable housing partnerships.
ORDINANCE NO. 2024-O-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 5, 2026, UNLESS RECINDED OR EXTENDED
BY A SUBSEQUENT ORDINANCE, PROVIDING
PROCEDURES FOR VESTED RIGHTS REVIEW FOR THE
SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING
FOR CONFLICITNG 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 US1 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
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
Corridor boundaries are defined in Exhibit A. The US1 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.
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 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 __________________, 2025.
Diezel DePew, Mayor
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
Passed on first reading on the day of , 2024
APPROVED AS TO FORM AND CORRECTNESS:
__________________________________________
AARON WOLFE
City Attorney
DATE: ____________________________________
EXHIBIT A
EXHIBIT B
EXHIBIT C
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:2024-O-63,Version:3
ITEM DESCRIPTION:
2nd Reading -Ordinance 2024-O-63:Request for approval for a Building Permit Moratorium within the Florida
Shores Drainage Basin.
The City Council held a workshop on November 8th,2024.The City Council was presented with two
moratoriums that was drafted by the Development Services Director and the City Attorney at the request of the
Council.
The building permit moratorium would not allow any new applications for building permits that would increase
impervious surface area on the applicant’s property.Impervious surface building permits that would be affected
would be new single family homes,additions,detached garages,attached garages,sheds,pools,driveways,
patios,etc.If an applicant has applied prior to the effective date of the 2nd reading of the Moratorium ordinance,
said applicant would be allowed to complete the process.The building permit moratorium would be in effect
for one year from the date of the 2nd reading of the building permit moratorium ordinance.
The building permit moratorium will be heard before the Planning and Zoning Board on November 13th.The 1st
reading before City Council will be on December 2nd.The second reading will be held on January 6th,2025.No
changes were made between 1st and second reading.
City staff and the City Attorney believe the proposed moratoriums are legally defensible.The moratorium does
not run afoul of the Bert J Harris Act because it is not longer than one year,it is directly tied to the concern of
flooding in the City of Edgewater,provides for solutions to prevent future flooding through updates to both the
comprehensive plan and land development code as well as maintenance of existing stormwater systems,and
protects the due process rights enshrined in the 14th Amendment of current applicants.
The building permit moratorium will allow the City of Edgewater to undergo a thorough review of the drainage
system in Florida Shores ensuring proper maintenance and repairs are completed during the duration of the
moratorium.The building permit moratorium will help prevent any further exacerbation of flooding by not
allowing an increase in impervious areas.In addition,the land development code and comprehensive plan will
be updated to address code requirements.Special attention will be given to the code requirements for
stormwater systems,wetlands,and tree preservation.Staff believe this process will take roughly twelve months
to complete.
The language of the Ordinance is as follows:
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,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,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
City of Edgewater Printed on 12/23/2024Page 1 of 2
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File #:2024-O-63,Version:3
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.
Business Impact Statement:
According to the American Community Survey (ACS)2023 Employment data,the City of Edgewater has
approximately 752 residents employed in the construction industry.Roughly eight percent of city residents are
employed in the construction industry.The proposed moratorium will result in a significant decrease in the
quantity of work available for those in the construction industry.In addition,the moratorium will likely impact
small businesses,especially restaurants.The Planning and Building Department will also receive less revenue,
potentially requiring the allocation of more general revenue funds to fund the department than in prior years in
the upcoming 2026 -2027 fiscal year.The City of Edgewater will also experience a significant delay in new ad
valorem tax revenue as many existing projects shall be completed and no new projects will be permitted for a
year.The tax revenue from new projects constructed after the moratorium will not be included in the tax roll
until the following year in 2027.The City is facing significant financial bonding requirements such as the public
works building estimated at 40 million,a new waste water treatment plant that will cost 100 million dollars,and
the yet to be determined cost of the stormwater capital improvements plan to be provided in the stormwater
master plan in December of 2025.
Planning and Zoning Board:
The Planning and Zoning Board sent a favorable recommendation to City Council with seven in favor,zero in
opposition.
RECOMMENDED ACTION
Motion to approve Ordinance 2024-O-63.
City of Edgewater Printed on 12/23/2024Page 2 of 2
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Moratorium Workshop
November 7th, 2024
4:00 p.m.
Moratorium Guidance
Purpose
Define the problem?
Nexus
How does the moratorium relate to the problem?
Solutions
What will we accomplish during the moratorium and how does that relate to the problem?
Pertinent Laws and
Judicial Decisions
Bert J Harris Act
The Legislature determines that there is an important state interest in protecting the interests of private property owners
from such inordinate burdens. Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action
from the law of takings, the Legislature herein provides for relief, or payment of compensation, when a new law, rule,
regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.
When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested
right to a specific use of real property, the property owner of that real property is entitled to relief, which may include
compensation for the actual loss to the fair market value of the real property caused by the action of government, as
provided in this section.
The terms “inordinate burden” and “inordinately burdened”:
1.Mean that an action of one or more governmental entities has directly restricted or limited the use of real property
such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the
existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a
whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner
bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be
borne by the public at large.
The Bert J. Harris Act further provides that temporary impacts to real property in effect for one year or less do not
constitute an “inordinate burden” to property. However, a temporary impact on development that is in effect for longer
than one year may, depending on the circumstances, constitute an “inordinate burden”.
First English Evangelical Lutheran
Church v Los Angeles County, 482
U.S. 304 (1987)
In 1957, a church purchased land on which it operated a campground and retreat for handicapped children called
“Lutherglen.”6 The church’s land was located in a canyon along the banks of Mill Creek, which functioned as a natural
drainage channel. In July 1977, a fire occurred that burned approximately 3,860 acres of the watershed area for Mill
Creek.
In February 1978, a storm dropped a total of 11 inches of water in the watershed area, causing the usually dry creek to
become a raging river and sweeping away buildings at Lutherglen and elsewhere in the canyon. No people were killed
or injured at Lutherglen, but the storm drowned 10 persons outside of the facility and inflicted millions of dollars in
losses in the community.
As a result of the flood, Los Angeles County adopted an interim ordinance prohibiting the construction of any building
in interim flood protection areas, including the church’s property. The church immediately filed suit seeking damages.
In First English, the Court held that landowners were entitled to damages for temporary takings. The substantive
holding of the Court was that when the government’s activities deprive a landowner of all use of property, no
subsequent action can relieve it of the duty to provide compensation for the period of time during which the regulation
was effective.
Assistant Attorney General, Joslyn Wilson
opinion regarding Issuance of Permits
while Moratorium under Consideration
New Smyrna Beach
Moratorium
Ordinances in relation
to proposed City of
Edgewater
Moratoriums
1
NSB Ordinance No. 17-24
Area Specific Moratorium
1
Proposed Florida Shores
Drainage Basin Moratorium
SECTION 2: Moratorium Imposed.A temporary moratorium, until no later than
_____, 2025, 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, 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, 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 are related to
Hurricane Milton damage or those that have already been submitted prior to the effective
date of this Ordinance.
1
NSB Ordinance No. 74-22
City Wide Moratorium
1
Proposed City Wide
Moratorium
SECTION 2: Moratorium Imposed.A temporary moratorium, until no later than _____, 2025, is hereby imposed on the
consideration of annexations, rezoning’s, comprehensive plan amendments, site plans, preliminary plats, and final plats.
Commercial and Industrial projects shall not be subject to the moratorium.
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 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.
Potential Economic
Impacts
1
American Community Survey
(ACS) 2023 Employment Data
Potential Tasks to
Accomplish during
Moratorium
1
Timelines of Potential Tasks to be
Accomplished during a Moratorium
Task Estimated Time to
Completion What this task entails Development Services Suggestions
Entire Land Development Code Update 12 months
Public Education Seminars (Min 4), Public Workshops (Min. 10) -Start Broad and
progressively narrow scope over repeated public meetings with staff analysis and
summarization of public input, drafting document, requesting approval from
Economic Development Board and Planning and Zoning Board
•Tailored Zoning for Area Specific Plans •Tree preservation
update •Permitted Use Table •Parking Table •Enhanced
Design Standards
Entire Comprehensive Plan Update 12 months
Public Education Seminars (Min 4), Public Workshops (Min. 10) -Start Broad and
progressively narrow scope over repeated public meetings with staff analysis and
summarization of public input, drafting document, requesting approval from
Economic Development Board and Planning and Zoning Board
•Density Review •ISBA County Property FLU Assignment
•Area Specific Planning (Districts, Corridors, Neighborhoods,
Villages, Hamlets, ect.)
Stormwater Code Update 4 to 5 months
Development Services working with Environmental Services to Update Article IV
and Article V
•100 year/ 24 hour (13.1 inches) closed basin design prior to
discharge to public conveyance even if in open basin •1 cup
to 1.5 cups for compensating storage •Limiting the mitigation
of wetlands to isolated ones that are less than 1/2 acre.
Stormwater Maintenance Ongoing
Continue to implement and monitor scheduled cleaning of swales and culverts.
Identify problem areas in exisiting system, create a project list to prioritize fixes, act
to fix said problems.
•Continue to use Track EZ for reports of problems to identify
non functioning areas and fix.
Jones Edmunds Stormwater Master Plan 12 months
Mapping of City drainage system, identification of flooding prone areas, Capital
Improvement Projects List based on cost/benefit analysis.
•Hold off on large capital projects until report is finalized
•Raise stormwater fee in anticipation of Capital
Improvement Project to get a running start on
implementation of project list.
Stormwater Impact Fee and Affordable
Housing Impact Fee
12 months Go out to bid, hire consultant, draft report, present and adopt before City Council.
•Over 11,000 units are entitled and yet to be built. City has
opportunity capture 11,000 units worth of impact fees to help
expand stormwater capacity and establish a war chest for
public/private affordable housing partnerships.
ORDINANCE NO. 2024-O-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 5, 2026, UNLESS RECINDED OR
EXTENDED BY A SUBSEQUENT ORDINANCE,
PROVIDING PROCEDURES FOR VESTED RIGHTS
REVIEW FOR THE SPECIFIC MATTERS ADDRESSED
HEREIN; PROVIDING FOR CONFLICITNG
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
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,
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 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 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 __________________, 2025.
Diezel DePew, Mayor
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
Passed on first reading on the day of , 2024
APPROVED AS TO FORM AND CORRECTNESS:
__________________________________________
AARON WOLFE
City Attorney
DATE: ____________________________________
EXHIBIT “A”
FLORIDA SHORES DRAINAGE BASIN