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 January 10, 2006, 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: Matt McNulty, Florida Rock Industries, Inc. FILE NUMBER: H-05-82

PURPOSE: Rezoning from AG to PDP(HID)/Planned Development Project (Heavy Industrial), with approval of a Heavy Manufacturing Use (specifically a Concrete Batch Plant), and Waiver of the Frontage Road Requirement.

GENERAL

LOCATION: South side of Ponce de Leon Boulevard, east side of Hawksbury Road.

LEGAL

DESCRIPTION: A portion of Section 33, Township 21 South, Range 19 East, Hernando County, FL (legal description is lengthy; on file in the Planning Department).

REQUEST: Rezoning from AG to PDP(HID)/Planned Development Project (Heavy Industrial), with approval of a Heavy Manufacturing Use (specifically a Concrete Batch Plant), and Waiver of the Frontage Road Requirement; and subject to 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 supporting approval of the rezoning from AG to PDP(LI)/Planned Development Project (Light Industrial) with a Heavy Manufacturing Use (specifically a Concrete Batch Plant) to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific findings of fact:

1. Approval of rezoning from AG to PDP(HID)/Planned Development Project (Heavy Industrial) on the entirety of the subject property would be too intense of use and incompatible with the surrounding area.



2. However, approval of rezoning from AG to PDP(LI)/Planned Development Project(Light Industrial) on the entirety of the subject property with a Heavy Manufacturing Use (specifically a Concrete Batch Plant) would be compatible with surrounding area as a whole.

1. The requested waiver of the Frontage Road requirement is premature at this time and is thus denied.

4. Rezoning the subject property from AG (Agricultural) to PDP(LI)/Planned Development Project (Light Industrial), with approval of a Heavy Manufacturing Use (specifically a Concrete Batch Plant), is consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions as set forth in the BOCC Meeting Results Memorandum.

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. Rezoning the subject property from AG (Agricultural) to PDP(LI)/Planned Development Project (Light Industrial), with approval of a Heavy Manufacturing Use (specifically a Concrete Batch Plant), is consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions as set forth in the BOCC Meeting Results Memorandum.

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 subject property from AG to PDP(LI)/Planned Development Project (Light Industrial) with a Heavy Manufacturing Use (specifically a Concrete Batch Plant), subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof; and DENIES the request to waive the Frontage Road requirements. Any requests, uses, variances or exceptions not specifically approved herein are hereby deemed DENIED.

ADOPTED IN REGULAR SESSION THE 10th DAY OF JANUARY, 2006

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:__________________________ By:______________________________________

KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON

(SEAL)