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: Register Chevrolet FILE NUMBER: H-05-121

PURPOSE: Master Plan Revision to include a Reduction in Setbacks (specifically reducing the rear set back from 220' to 100').

GENERAL

LOCATION: North side of Cortez Boulevard, west side of Brookridge Central Boulevard.

LEGAL

DESCRIPTION: A portion of Section 27, Township 22 South, Range 18 East, Hernando County, FL (legal description is lengthy; on file in the Planning Department).

REQUEST: Master Plan Revision to include a Reduction in Setbacks (specifically reducing the rear set back from 220' to 100'); 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 a Master Plan Revision reducing the rear set back from 220' to 110' (measured from the property line of the Brookridge Subdivision) to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific findings of fact:

1. The existing zoning and Master Plan approval included increased setbacks as part of a negotiated agreement to address compatibility issues between the car dealership and the adjacent residential development. The Petitioner has provided documentation from the Brookridge Homeowner's Association, on behalf of the abutting residential residents, that they have no objections to Petitioner reducing the rear set back as outlined herein.

2. The reduced rear set back of 110' is in excess of the 35' required under the County's land development regulations for commercial development.

3. The proposed Master Plan Revision reducing the rear set back from 220' to 110' 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.

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 Master Plan Revision reducing the rear set back from 220' to 110' is consistent with the County's adopted Comprehensive Plan and is compatible with the surrounding land 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 reducing the rear set back from 220' to 110' (measured from the property line of the Brookridge Subdivision) subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof. 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)