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 11, 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: Alan Field FILE NUMBER: H-05-124

PURPOSE: Master Plan Revision to include a Rezoning of the subject property from AR-2 (Agricultural- residential) to PDP(HC)/Planned Development Project (Highway Commercial) with a specific C-4 Use of Construction Service Establishment and Outside Storage and a modification to the Buffer Requirements.

GENERAL

LOCATION: East side of Ponce de Leon Boulevard, north side of Cedar Street, approximately 700' south of Brittle Road.

LEGAL

DESCRIPTION: A portion of Lot 1 and Lots 2 - 4, Town of Stafford, as per plat thereof recorded in Plat Book 5, Page 6, of the Public Records of Hernando County, Florida in Section 29, Township 21 South, Range 19 East.

REQUEST: Master Plan Revision to include a Rezoning of the subject property from AR-2 (Agricultural- residential) to PDP(HC)/Planned Development Project (Highway Commercial) with a specific C-4 Use of Construction Service Establishment and Outside Storage and a modification to the Buffer Requirements; 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 request to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific findings of fact:

1. The proposed Master Plan with a drainage retention area in the southeast portion and additional landscaping in conformance with County's standards would address buffering from the adjacent properties.

2. The proposed rezoning of the subject property to PDP(HC)/Planned Development Project (Highway Commercial) with a specific C-4 Use of Construction Service Establishment and Outside Storage would be compatible with the surrounding land uses and would be consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions 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. The proposed rezoning of the subject property to PDP(HC)/Planned Development Project (Highway Commercial) with a specific C-4 Use of Construction Service Establishment and Outside Storage would be compatible with the surrounding land uses and would be consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions 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 Master Plan Revision to include a Rezoning of the subject property from AR-2 (Agricultural-Residential) to PDP(HC)/Planned Development Project (Highway Commercial) with a specific C-4 Use of Construction Service Establishment and Outside Storage, and a modification to the Buffer Requirements; 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 11th DAY OF JANUARY, 2006

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:__________________________ By:_____________________________________

KAREN NICOLAI, CLERK DIANE B. ROWDEN

CHAIRPERSON

(SEAL)