RESOLUTION NUMBER 2006-40
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: Evelyn Gann FILE NUMBER: H-06-08
PURPOSE: Rezoning from AG to PDP(LI)/Planned Development Project (Light Industrial) with
Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, Heavy Construction Service Establishment and a Dwelling Unit.
GENERAL
LOCATION: East side of Cobb Road, north side of Yontz Road.
LEGAL
DESCRIPTION: A portion of Section 8, Township 22 South, Range 19 East, Hernando County, FL
(legal description is lengthy; on file in the Planning Department).
REQUEST: Rezoning from AG to PDP(LI)/Planned Development Project (Light Industrial) with
Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, Heavy Construction Service Establishment, and a Dwelling Unit (on
southern portion); 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 following:
approval of the rezoning from AG to PDP(LI)/Planned Development Project (Light
Industrial) with certain Special Exception Uses for Heavy Landscape Service
Establishment, Heavy Manufacturing, and Heavy Construction Service Establishment
to the depth of the existing I-1 zoning to the east (approximately 830 feet); and denial
of the rezoning from AG to PDP(LI)/Planned Development Project (Light Industrial)
with Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, and Heavy Construction Service Establishment on the remainder of
the subject property. In further support thereof, the BOCC makes the following
specific findings of fact:
1. The rezoning of that portion of the subject property (approximately the
northern 830 feet) to the depth of the existing I-1 zoning to the east from AG
to PDP(LI)/Planned Development Project (Light Industrial) with certain
Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, and Heavy Construction Service Establishment 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 requested rezoning for the remainder of the subject property
(approximately the southern 450 feet) is not warranted because that portion
of the subject property would be incompatible with the surrounding zoning
and would be inconsistent with the County's adopted Comprehensive Plan
and 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. The rezoning of that portion of the subject property (approximately the
northern 830 feet) to the depth of the existing I-1 zoning to the east from AG
to PDP(LI)/Planned Development Project (Light Industrial) with certain
Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, and Heavy Construction Service Establishment 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 requested rezoning for the remainder of the subject property
(approximately the southern 450 feet) is not warranted because that portion
of the subject property would be incompatible with the surrounding zoning
and would be inconsistent with the County's adopted Comprehensive Plan
and 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 that portion of the subject property (approximately the northern 830 feet)
to the depth of the existing I-1 zoning to the east from AG to PDP(LI) with certain
Special Exception Uses for Heavy Landscape Service Establishment, Heavy
Manufacturing, and Heavy Construction Service Establishment, 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 for the remainder of the subject property (approximately the southern 450
feet) together with the requested Special Exception Uses. 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)