2007-O-17^ 05/19/200g 02:54 PN
Instrimitil 2000-101428 i 1
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Page: 3179
ORDINANCE NO.2007-0-17
AN ORDINANCE REZONING APPROXIMATELY 42.55t
ACRES OF LAND LOCATED WITHIN THE WASHINGTON
PARK SUBDIVISION, EDGEWATER FLORIDA; FROM R-2
(SINGLE FAMILY RESIDENTIAL)TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL); AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
The City of Edgewater, agent/applicant on behalf of hiez Hooks, Andrew and Kerry
Hunt, Jack and Mildred Mishkin, Tony and Hope Pawlak, James Crowell, owners ofproperty within
Washington Park, Edgewater, Florida. Subject property contains approximately 42.55t acres more
or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from City R-2 (Single Family Residential) to City R-3 (Single Family Residential) for
the property described herein.
3. On February 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On Octoberl8, 2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on October 5, 2007.
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5. On November 5, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Daytona Beach News Journal on October 25, 2007, and
notifying by mail all property owners who own real property directly affected by the proposed action
and all property owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
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rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed City R-2
(Single Family Residential) to City R-3 (Single Family Residential).
The following described real property all lying and being in the County of Volusia
and State of Florida.
Inez Hooks:
Lots 6, 7,12 through 15 Inclusive, Block 1, WASHINGTON PARK UNIT 6, Map
Book 11, Page 73, Public Records of Volusia County, Florida.
Lot 1 Block 4 Washington Park unit 6 per Official Records Book 4746, Page 1368
(Parcel ID #8414-04-04-0010).
Harvey Amster:
Lots 6 through 10 inclusive, of Block 3, WASHINGTON PARK UNIT 6, per
Official Records Book 11, Page 73, of Public Records of Volusia County, Florida.
Andrew & Keri Hunt (previously Jerome & Debra Thomas):
Lots 1, of Section 14, Township 18 South, Range 34 East, of TALLAHASSEE
MERIDIAN, less and except WASHINGTON PARK PART 6, in Map Book 11 Page
73, of Public Records of Volusia County, Florida.
James & Shelley Crowell:
E %: of NW 10 chains square of lot 2, Sec. 14, Twp 18 S, Rg 34 E otherwise
described as, and intended to be East five chains of West ten (10) chains ofthe North
ten (10) chains of Government Lot 2 of Section 14, Township 18 South, Range 34
East according to the official Government Survey, Volusia County, Florida.
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Tony Pawlak:
All of Block 8, WASHINGTON PARK UNIT 6, according to the map thereof as
recorded in Map Book 11, Page 73, of Public Records of Volusia County, Florida.
Lots L2,3 and 4, Block I and Lots 18 to 22, inclusive, Block 1, WASHINGTON
PARK, UNIT 8, according to the plat thereof as recorded in Map Book 11, Page 73,
of the Public Records of Volusia County, Florida.
Lots 1 thru 22, inclusive, Block 6, WASHINGTON PARK PART VI, according to
the map thereof as recorded in Map Book 11, Page 73, of Public Records of Volusia
County, Florida..
Lots One (1) to Twenty -Four (24) inclusive, Block Thirteen (13), WASHINGTON
PARK PART VI, according to the map thereof as recorded in Map Book 11 at Page
72 of the Public Records of Volusia County, Florida..
Lots 25, 26 and 27, Block Thirteen (13), WASHINGTON PARK UNIT #6,
according to the map thereof as recorded in Map Book 11 at Page 72 of the Public
Records of Volusia County, Florida.
Lots 16 and 17, Block 1, WASHINGTON PARK PART VI, according to the map
thereof as recorded in Map Book I at Page 73, of the public records of Volusia
County, Florida..
And
Lots L2,3 and 4, Block 5, WASHINGTON PARK PART 6, according to the map
thereof as recorded in Map Book 11, Page 73, Public Records of Volusia County,
Florida.
Jack & Mildred Mishkin:
Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK
PART VI, according to the map thereof as recorded in Map Book 11, Page 73, of
Public Records of Volusia County, Florida.
Containing 42.55± acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein
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PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competentjurisdiction, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART G. ADOPTION.
After Motion to approve by Councilwoman
Lichter and Second Councilwoman Rogers, the
vote on the first reading of this ordinance held on October 18, 2007, was as follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
After Motion to approve by Councilwoman
RWefecondbyCouncilwo=n Lichter the
vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
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2007-0-17
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Instnsentt M-101428 # 7
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PASSED AND DULY ADOPTED this 5° day of November, 2007.
ATTEST:
L Wadsworth
c , t• ts1 ttN3' C18•k
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2007-0-17
CITY COUNCIL OF THE
CITY OF DGEWATER, F
VBy-U�
ike Th
ayor
y;
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5° day of
November, 2007 under Agenda Item No.7 A