RESOLUTION NUMBER 2006-37
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: Charles M. Harding FILE NUMBER: H-05-117
PURPOSE: Rezoning from R-1A (Residential) to C-2 (Highway Commercial) and from C-2
(Highway Commercial) to PDP(HC)/Planned Development Project (Highway
Commercial) with a C-4 use of heavy wholesale and storage establishment.
GENERAL
LOCATION: North side of Cortez Boulevard, approximately 250' west of B. W. Stevenson Road.
LEGAL
DESCRIPTION: Lots 6 and 7, Section M, Potterfield Garden Acres, as per plat thereof recorded in
Plat Book 5, Page 66, of the Public Records of Hernando County, Florida in Section
26, Township 22 South, Range 18 East
The instant request involves 2 distinct portions and/or uses of the above described
property and which may be generally referred to as Lot 6 and Lot 7 both lying in
Section M of Potterfield Garden Acres.
REQUEST: Rezoning of Lot 6 from R-1A (Residential) to C-2 (Highway Commercial) and Lot
7 from C-2 (Highway Commercial) to PDP(HC)/Planned Development Project
(Highway Commercial) with a C-4 use of heavy wholesale and storage establishment;
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 approval of the
request to rezone Lot 6 and denial of the request to rezone Lot 7. In further support
thereof, the BOCC makes the following specific findings of fact:
1. Rezoning Lot 6, which fronts along Cortez Boulevard, from R-1A
(Residential) to C-2 (Highway Commercial) C-2 (Highway Commercial) is
consistent with the County's adopted Comprehensive Plan and the County's
land development regulations subject to performance conditions set forth in
the BOCC Meeting Results Memorandum.
2. Rezoning Lot 7 from C-2 (Highway Commercial) to PDP(HC)/Planned
Development Project(Heavy Commercial) with a C-4 use of heavy wholesale
and storage establishment is not warranted because approval would be
incompatible with the surrounding land uses along Cortez Boulevard.
Accordingly, this request 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 Lot 6, which fronts along Cortez Boulevard, from R-1A
(Residential) to C-2 (Highway Commercial) C-2 (Highway Commercial) is
consistent with the County's adopted Comprehensive Plan and the County's
land development regulations subject to performance conditions set forth in
the BOCC Meeting Results Memorandum.
2. Rezoning Lot 7 from C-2 (Highway Commercial) to PDP(HC)/Planned
Development Project(Heavy Commercial) with a C-4 use of heavy wholesale
and storage establishment is not warranted because approval would be
incompatible with the surrounding land uses along Cortez Boulevard.
Accordingly, this request 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 Lot 6 from R-1A (Residential) to C-2 (Highway 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 Lot 7 from C-2 (Highway Commercial) to PDP(HC)/Planned
Development Project(Heavy Commercial) with a C-4 use of heavy wholesale and
storage establishment. Any requests, uses, variances or exceptions not specifically
approved 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)