RESOLUTION NUMBER 2006-39
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: Brad Boger and Shane Mason FILE NUMBER: H-06-02
PURPOSE: Rezoning from AG (Agricultural) to I-1 (Light Industrial).
GENERAL
LOCATION: North side of Hviezdoslav Street, approximately 1,200' south of Airport Boulevard,
approximately 2,300' west of US 41.
LEGAL
DESCRIPTION: A portion of Section 25, Township 23 South, Range 18 East, Hernando County, FL
(legal description is lengthy; on file in the Planning Department).
REQUEST: Rezoning from AG to I-1 (Light Industrial); 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 northern (approximately 1,240 feet) portion of
the subject property from AG to PDP(CP)/Planned Development Project (Corporate
Park) and denial of the requested rezoning on the remainder of the subject property
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 on the subject property from AG to I-1(Light
Industrial) is too intense and would be incompatible with the surrounding area.
2. Rezoning the northern (approximately 1,240 feet) portion of the subject
property from AG (Agricultural) to PDP(CP)/Planned Development Project
(Corporate Park) 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.
3. The denial of the requested rezoning of the remainder of the subject property
from AG to I-1(Light Industrial) or PDP(CP)/Planned Development Project
(Corporate Park) is warranted because approval would be incompatible with
the proximate residential area. Accordingly, rezoning this portion of the
subject property 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 northern (approximately 1,240 feet) portion of the subject
property from AG(Agricultural) to PDP(CP)/Planned Development Project
(Corporate Park) 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. The denial of the requested rezoning of the remainder of the subject property
from AG to I-1(Light Industrial) or PDP(CP)/Planned Development Project
(Corporate Park) is warranted because approval would be incompatible with
the proximate residential area. Accordingly, rezoning this portion of the
subject property 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 northern (approximately 1,240 feet) portion of the subject property
from AG (Agricultural) to PDP(CP)/Planned Development Project (Corporate Park),
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 as to the remainder of the subject property. 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)