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 December 8, 2004, and again considered this matter on December 14, 2004, to consider the requested changes in zoning on the specified parcel(s) 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: Haydon-Rubin Development Inc. FILE NUMBER: H-04-58

GENERAL

LOCATION: East side of Spring Lake Highway, approximately 1,600' south of Cortez Boulevard (SR 50)

LEGAL

DESCRIPTION: A portion of Section 3, Township 23 South, Range 20 East, Hernando County, FL; legal description (lengthy) is on file in the Planning Department.

REQUEST: Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family); and subject to the performance condition(s) as enumerated in the BOCC Meeting Results Memorandum (which is incorporated herein by reference and made a part hereof). The representations contained in the Applicant's rezoning application are incorporated herein by reference and made a part hereof and are relied upon by the County to be true and correct. For purposes herein, it is presumed that all requisite notice and advertising requirements have been satisfied.

FINDINGS

OF FACT: ALL of the facts and conditions set forth in the County's staff memoranda and presented to the BOCC in connection with the public hearing in this matter 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 to be credible and to constitute competent substantial evidence supporting the rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family); In further support thereof, the BOCC makes the following specific findings of fact:

• A divided boulevard entrance from Spring Lake Highway to the first cross street and provision of a street along the northern boundary, as the Applicant has agreed to design and construct at its expense subject to County approval, will provide adequate access to the subject project.



• Left turn lanes along Spring Lake Highway, as the Applicant has agreed to design and construct at its expense subject to County approval, will provide a safe traffic condition into the project.



• Siting up to forty-eight (48) single family home sites on the subject property, with appropriate buffering that the Applicant has agreed to provide at its expense subject to County approval, would be compatible with the surrounding land uses.

4. Based on the foregoing, the proposed rezoning would be deemed consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum and this Resolution.

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 consistent with the County's adopted Comprehensive Plan and is compatible with the surrounding land uses subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum and this Resolution.

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 APPROVES the rezoning of the property from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family); subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof. Any requests, uses, variances or exceptions not specifically approved herein are hereby deemed DENIED.

ADOPTED IN REGULAR SESSION THE 14^th DAY OF DECEMBER, 2004

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:________________________ By:_______________________

KAREN NICOLAI HANNAH M. ROBINSON

CLERK CHAIRPERSON

(SEAL)