ITEM DESCRIPTION:
Title
2nd Reading - Ordinance 2024-O-63: Request for approval for a Building Permit Moratorium within the Florida Shores Drainage Basin.
Body
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 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.