RESOLUTION NUMBER 2006-38
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: Sona Nemethy FILE NUMBER: H-05-123
PURPOSE: Rezoning from AG (Agricultural) to C-2 (Highway Commercial).
GENERAL.
LOCATION: West side of US 41, approximately 1,900' north of Hennes Cove.
LEGAL
DESCRIPTION: Lot 58, Garden Grove Farm Lots, as per plat thereof recorded in Plat Book 4, Page
43, of the Public Records of Hernando County, Florida in Section 4, Township 23
South, Range 19 East.
REQUEST: Rezoning from AG (Agricultural) to C-2 (Highway 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
supporting approval of rezoning the subject property from AG to C-1 (General
Commercial) to be credible and to constitute competent substantial evidence. In
further support thereof, the BOCC makes the following specific findings of fact:
1. The requested rezoning from AG to C-2 (Highway Commercial) would be
too intense and would be incompatible with the surrounding area.
2. Rezoning from AG (Agricultural) to C-1 (General 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.
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 from AG to C-2 (Highway Commercial) would be
too intense and would be incompatible with the surrounding area.
2. Rezoning from AG (Agricultural) to C-1 (General 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.
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 C-1 (General
Commercial); subject to all conditions set forth in the BOCC Meeting Results
Memorandum which is incorporated herein by reference and made a part hereof.
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)