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 March 15, 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: Lawrence Miller and Marilyn O'Connor FILE NUMBER: H-06-11

PURPOSE: Rezoning from C-1 (General Commercial) and AR-2 (Agricultural-residential) to AR-2 (Agricultural-residential)

GENERAL

LOCATION: West side of McIntyre Road, approximately 1,700' north of Mondon Hill Road

LEGAL

DESCRIPTION: Lot 28 and portions of Lots 21, 27, 37 and 38, Block B, East Brooksville, as per plat thereof recorded in Plat Book 3, Page 9, of the Public Records of Hernando County, Florida in Section 24, Township 22 South, Range 19 East

REQUEST: Rezoning from C-1 (General Commercial) and AR-2 (Agricultural-residential) to AR-2 (Agricultural-residential); 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 agricultural-residential zoning would be compatible with the surrounding land uses.

2. The requested 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 requested 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 C-1 (General Commercial) and AR-2 (Agricultural-residential) to AR-2 (Agricultural-residential); 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 15th DAY OF MARCH, 2006

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:___________________________ By:_____________________________________

KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON

(SEAL)