ITEM DESCRIPTION:
Title
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.
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 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 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.