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 a...
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