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ORDINANCE NO. 2003-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) AND RC (RESOURCE CORRIDOR) TO
CITY R-2 (SINGLE F AMIL Y RESIDENTIAL) FOR CERTAIN
PROPERTY LOCATED WITHIN THE WASHINGTON PARK
SUBDIVISION WHICH IS LOCATED SOUTH OF 35TH
STREET IN FLORIDA SHORES, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan and Land
Development Code, the City has submitted an application requesting a change in zoning
classification for property owned by Inez Hooks, Harvey Amster, Edmund Amara & Hanna, Andrew
& Keri Hunt, James & Shelly Crowell, Tony Pawlak, Morris & Frances Wyman, Elias Pachter,
Robert Rothman, Samuel Acebal and Jack & Mildred Mishkin. The subject properties are located
South of 35th Street in Florida Shores, Edgewater, Florida and contain approximately 42.55.::!:: acres.
The requested zoning change would be from County A-2 (Rural Agriculture) and RC (Resource
Corridor) to City R-2 (Single Family Residential) for the property described herein.
2. In a letter dated August 20,2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
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3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
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4. On September 8, 2003, the City Council considered on first reading/public hearing
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the proposed change in the zoning classification after publication of such hearing in the Observer
on August 29,2003.
5. On September 22,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on September 15, 2003,
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.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
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REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Agriculture) and RC (Resource Corridor) to City R-2 (Single Family Residential):
The following described real property all lying and being in the County of V olusia
and State of Florida.
Carlton C. & Inez Hooks:
Lots 6, 7,12 through 15 Inclusive, Block 1, WASHINGTON PARK UNIT 6, Map
Book 11, Page 73, Public Records of Vol usia County, Florida (Parcel ID #8414-04-
04-0010; 84-04-01-0050; & 8414-04-01-0060).
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 Vol usia County, Florida.
(Parcel ID #8414-04-03-0060).
Edmund Amara & Hanna:
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 Vol usia County, Florida.
(Parcel ID #8414-04-08-0010).
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 V olusia County, Florida. (Parcel ID #8414-00-00-
0080).
James & Shelley Crowell:
E lIz 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 of the North
ten (10) chains of Government Lot 2 of Section 14, Township 18 South, Range 34
East according to the official Government Survey, V olusia County, Florida. (Parcel
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ID #8414-00-00-0040).
Tony Pawlak:
Lots 1,2,3 and 4, Block 1 and Lots 18 to 22, inclusive, Block 1, WASHINGTON
P ARK, UNIT 8, according to the plat thereof as recorded in Map Book 11, Page 73,
of the Public Records of Vol usia County, Florida. (Parcel ID #8414-04-01-0180 &
#8414-04-01-0010).
Morris & Frances Wyman:
Lots One (1) to Twenty-Four (24) inclusive, Block Thirteen (13), WASHINGTON
P ARK PART VI, according to the map thereof as recorded in Map Book 11 at Page
72 of the Public Records of V olusia County, Florida. (Parcel ID #8414-04-13-0010
& # 8414-04-03-0250).
and
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 Vol usia County, Florida.
Elias Pachter:
Lots 16 and 17, Block 1, WASHINGTON PARK PART VI, according to the map
thereof as recorded in Map Book 11 at Page 73, of the public records of Vol usia
County, Florida. (Parcel ID #8414-04-01-0160).
Robert Rothman:
Lots 1,2,3 and 4, Block 5, WASHINGTON PARK PART 6, according to the map
thereof as recorded in Map Book 11, Page 73, Public Records of Vol usia County,
Florida (Parcel ID # 8414-04-03-0010).
Samuel Acebal:
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 V olusia
County, Florida. (Parcel ID #8414-04-06-0010).
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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 ofVolusia County, Florida. (Parcel ID #8414-04-12-0010).
Containing 45.55 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Planning 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, 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, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading ofthis ordinance held on September 8,2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilman Brown
and Second by Councilwoman Lichter
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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PASSED AND DULY ADOPTED this 22nd day of September, 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-0-19
CITY COUNCIL OF THE
CITY OF EDGEWATER,, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No.
6B