WHEREAS, Hernando County has adopted zoning regulations pursuant to Chapter 163 and Section 125.01(1), Fla. Stat. which authorize the County to regulate the use of land in the unincorporated areas of Hernando County, Florida, and take action on the request herein; and,

WHEREAS, the Hernando County Board of County Commissioners (BOCC) conducted a duly advertised public hearing on August 11, 2004, to consider the requested changes in zoning on specified parcels in Hernando County, Florida, as more fully described below.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA AS FOLLOWS:

APPLICANT: Designer Homes Inc. & Cooper FILE NUMBER: H-04-19

Construction Inc.

LEGAL

DESCRIPTION: A portion of Section 4, Township 23 South, Range 18 East, Hernando County, FL.

GENERAL

LOCATION: North of Fenian Drive, south of Highgrove Road, approximately 1,600' north of Elgin Boulevard, east of Killian Street, approximately 1,500' east of Landover Boulevard.

REQUEST: Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family); and subject to performance condition(s) as enumerated in the Staff Results Memorandum (which is incorporated herein by reference and made a part hereof). For purposes herein, the 'Factual Information' stated in the Staff Results Memorandum is deemed to be true and correct.

FINDINGS OF

FACT: ALL of the facts and conditions set forth in the BOCC Meeting Results Memorandum are incorporated herein by reference and made a material part of this Resolution as integral to the BOCC's action. The BOCC finds that the testimony and record supporting denial of the rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific Findings of Fact:

1. The development at the intensity proposed is not compatible with the surrounding neighborhood and existing infrastructure.

2. The transportation impacts resulting from the proposed development would adversely impact Fenian Drive.

3. The proposed access to the subject property is not adequate to accommodate the proposed intensity of development.

CONCLUSIONS

OF LAW: The BOCC is authorized to act on this matter pursuant to Chapters 125 and 163, Fla. Stat. Accordingly, after public hearing and testimony, being fully advised in the record, and based upon competent substantial evidence, the BOCC makes the following specific conclusions of law:

1. The proposed rezoning is not consistent with the County's adopted Comprehensive Plan and the County's land development regulations.

ACTION: After notice and public hearing, based upon the record in this matter and ALL of the findings of fact and conclusions of law above, the BOCC hereby DENIES the rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family).

ADOPTED IN REGULAR SESSION THE 14th DAY OF SEPTEMBER, 2004

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:________________________ By:_______________________

KAREN NICOLAI, CLERK HANNAH M. ROBINSON

CHAIRPERSON

(SEAL)