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Edgewater council directs staff to draft 12‑month moratorium and to fast‑track stormwater report

Edgewater City Council · November 7, 2024
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Summary

At a Nov. 7 workshop the Edgewater City Council directed staff to take two draft moratorium ordinances — a citywide moratorium and a Florida Shores drainage‑basin building‑permit moratorium — to planning and zoning, and agreed to pursue a $20,000 acceleration of the stormwater master‑plan deliverable so findings arrive while a moratorium would be in effect.

The Edgewater City Council on Nov. 7 discussed and directed staff to develop two moratorium ordinances — a targeted building‑permit moratorium for the Florida Shores drainage basin and a citywide moratorium on new rezonings, major plan amendments and plats — and to seek an expedited stormwater report so the study’s findings are available during the moratorium period.

Mayor de Pio said she could not support approving subdivisions until the city’s stormwater master plan is complete and stressed the need for updated codes: "I can't move forward with approving subdivisions until our stormwater master plan is completed," she said.

Ryan, the services director and interim economic development director, told the council the staff drafts were a "springboard" for council direction. He reviewed legal constraints including the Bert J. Harris Act and a 2002 opinion limiting suspension of issuing building permits prior to an enacted ordinance, and described two draft approaches: a Florida Shores drainage‑basin building‑permit moratorium that would pause permits increasing impervious surface in that basin, and a citywide moratorium to halt new rezonings, plan amendments and large site approvals while the land‑development code and stormwater regulations are updated.

City attorney Wolfe cautioned the council about legal risk if a moratorium extends beyond one year: "I would not advise it because that does open the city up to a Bert J. Harris Act claim," he said, noting courts are more likely to accept temporary moratoria of about 12 months or less.

Council members debated scope and exceptions. Several members pushed for targeted action limited to flood‑impacted areas; others recommended a citywide pause so staff could complete comprehensive code updates. Members raised concerns about economic impacts on construction‑sector workers and homeowners and asked whether routine repairs or rainstorm damage would be exempt; Ryan said the draft included exceptions for hurricane damage but council asked staff to broaden that language to avoid preventing necessary repairs for residents.

The council also discussed the timeline for the stormwater master plan by Jones Edmunds. Staff said Jones Edmunds’ standard schedule would deliver a full report after the likely moratorium period, but adding $20,000 to the contract could move delivery up by roughly two months. Multiple council members supported paying the additional $20,000 so the report would be available before a moratorium could expire.

Randy, the city staff member overseeing debris and capital projects, reported progress on flood‑response work: the city has completed a first pass of household debris pickup, began a second pass, and coordinated with Volusia County to open a vegetation debris drop‑off at Airpark Road. He also said the most flood‑impacted area is along the G2 Canal and that Edgewater has a $14.7 million grant to address that basin, with engineering about 60% complete and proposed measures including levee work, pump stations and tide gates.

Instead of taking a final vote, the council reached consensus to: (1) refer both draft ordinances — the citywide moratorium (no more than 12 months) and the Florida Shores watershed building‑permit moratorium — to planning and zoning for formal consideration and public hearings; and (2) pursue the $20,000 change order to Jones Edmunds to accelerate the stormwater deliverable. Staff was directed to return draft ordinance language, proposed maps/attachments, and a schedule for public outreach and the two required readings at council.

Next steps: staff will send the drafts to the planning and zoning board, attempt to secure a December delivery of the stormwater report if the $20,000 option is approved, and return to council with a recommended timeline for readings and public hearings.