RESOLUTION NUMBER 2006-36
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 February 8, 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: Mark Maloney and Richard KlingerFILE NUMBER: H-05-120
PURPOSE: Rezoning from AG to A/C (Agricultural/Commercial).
GENERAL
LOCATION: East side of Sunshine Grove Road, approximately 500' south of Olympic Village
Lane.
LEGAL
DESCRIPTION: Lots 15A and 15B, Gulf Florida Highlands, Unit 1, an unrecorded subdivision,
located in a portion of Section 4, Township 22 South, Range 18 East, Hernando
County, FL.
REQUEST: Rezoning Lots 15A and 15B from AG to A/C (Agricultural/Commercial); 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 to be
credible and to constitute competent substantial evidence supporting the approval of
the rezoning from AG to A/C (Agricultural/Commercial) on the west « of Lot 15A;
and denial of the requested rezoning from AG to A/C (Agricultural/Commercial) on
the east « of Lot 15A and all of Lot 15B. In further support thereof, the BOCC
makes the following specific findings of fact:
1. Rezoning the west « of Lot 15A from AG (Agricultural) to A/C
(Agricultural/Commercial) 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.
2. Rezoning the east « of Lot 15A and all of Lot 15B from AG to A/C
(Agricultural/Commercial) is not warranted because the requested use on
these parcels would be too intense and would be incompatible with the
surrounding area. Accordingly, the request as to these parcels is denied as
not being 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. Rezoning the west « of Lot 15A from AG (Agricultural) to A/C
(Agricultural/Commercial) 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.
2. Rezoning the east « of Lot 15A and all of Lot 15B from AG to A/C
(Agricultural/Commercial) is not warranted because the requested use on
these parcels would be too intense and would be incompatible with the
surrounding area. Accordingly, the request as to these parcels is denied as
not being 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 APPROVES the
rezoning of the west « of Lot 15A from AG (Agricultural) to A/C
(Agricultural/Commercial), 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 requested rezoning of the east « of Lot 15A and all of Lot
15B from AG to A/C (Agricultural/Commercial). 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 8th DAY OF FEBRUARY, 2006
BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA
Attest:___________________________ By:______________________________________
KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON
(SEAL)