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Edgewater council directs staff to draft moratoriums after storm; legal risks cited
Summary
Following intense resident testimony, council asked staff and the city attorney to draft two moratoriums — a targeted Florida Shores watershed moratorium and a broader up-to-one-year moratorium tied to comprehensive plan/LDC updates — and to report back; legal counsel warned about takings and the need for clear nexus and vesting provisions.
After hours of public comment about flooding, the Edgewater City Council directed the city attorney and planning staff to draft two moratorium ordinances: a shorter, targeted moratorium affecting the Florida Shores watershed intended to allow immediate maintenance and stabilization actions, and a broader, up-to-one-year moratorium tied to comprehensive-plan and land-development-code updates.
City legal counsel and staff outlined legal constraints and options. Counsel cautioned that moratoria are temporary and must be narrowly tailored to avoid claims of an unlawful taking or Bert J. Harris challenges; as the city attorney summarized at the meeting, "Both the Florida Constitution and The United States Constitution prohibit the taking of private property without payment or just compensation." Staff recommended clear intent and vesting appeal language to reduce litigation risk and advised that moratoria tied to comp-plan or code rewrites often require longer timeframes and multiple public hearings.
Council members debated scope: several favored limiting the short moratorium to the Florida Shores watershed while drafting a separate one-year moratorium for code and comprehensive-plan updates citywide (with narrow exemptions for repairs such as roofs). Council asked staff to return draft language and scheduling for required Planning & Zoning and council hearings.
