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: David Moreno and Doris Cifuentes Moreno FILE NUMBER: H-05-118

PURPOSE: Rezoning from R-1C (Residential) to OP (Office Professional).

GENERAL

LOCATION: West side of Barclay Avenue, north side of Bock Lane.

LEGAL

DESCRIPTION: A portion of Section 34, Township 22 South, Range 18 East, Hernando County, FL (legal description is lengthy; on file in the Planning Department).

REQUEST: Rezoning from R-1C (Residential) to OP (Office Professional); 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 denial 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. Office professional zoning would be incompatible with the surrounding land uses.

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

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 requested 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 of the property from R-1C (Residential) to OP(Office Professional). Any actions, uses, variances or exceptions which are outstanding to the instant request and not specifically addressed 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)