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: Tri County Development, Inc. FILE NUMBER: H-05-122

(related to File Number H-05-86)

PURPOSE: Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) to allow up to 170 single family lots pursuant to the proposed Master Plan.

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.

LEGAL

DESCRIPTION: A portion of Section 4, Township 23 South, Range 18 East, Hernando County, FL (legal description is lengthy; on file in the Planning Department).

REQUEST: Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) to allow up to 170 single family lots pursuant to the proposed Master Plan; 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. In connection with this request to allow up to 170 single family lots, the Petitioner has agreed to allow all residents of the adjacent Village Van Gogh subdivision free and complete access to the instant development's roads and recreation areas and Petitioner has further agreed to certain roadway and interconnection improvements as more fully described in the performance conditions.

2. Based on the foregoing, the proposed rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) to allow up to 170 single family lots pursuant to proposed Master Plan is consistent with the County's adopted Comprehensive Plan and is compatible with the existing uses in the area subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum.

3. The Petitioner has filed a corresponding rezoning application (Planning File Number H-05-86) regarding a rezoning of the subject property herein to allow up to 135 single family lots. Petition H-05-86 was withdrawn at the January 11, 2006, public hearing.

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 from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) to allow up to 170 single family lots pursuant to proposed Master Plan 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.

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 (Agricultural) to PDP(SF)/Planned Development Project(Single Family) to allow up to 170 single family lots pursuant to the proposed Master Plan 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 all requests contained in Planning File Number H-05-86 to the extent inconsistent with anything herewith. 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)