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...
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