RESOLUTION NUMBER 2006-41

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:     Alan Garman and John McRae      FILE NUMBER: H-06-10

PURPOSE:       Rezoning from AG to PDP(SF)/Planned Development Project (Single Family)

GENERAL
LOCATION: Approximately 1,000' east of Elwood Road, approximately 3,500' south of Elgin Boulevard.

LEGAL
DESCRIPTION:   A portion of Section 9, Township 23 South, Range 18 East, Hernando County, FL
               (legal description is lengthy; on file in the Planning Department).

REQUEST:       Rezoning from AG to PDP(SF)/Planned Development Project (Single Family); 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 the request to be credible and to constitute competent
               substantial evidence.  In further support thereof, the BOCC makes the following
               specific findings of fact:

               1.   The proposed rezoning 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 proposed rezoning 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 property from AG to PDP(SF)/Planned Development Project (Single
               Family); 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)