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: Wardrich Properties, Inc. FILE NUMBER: H-06-07

PURPOSE: Rezoning from R-1A (Residential) to PDP(HC)/Planned Development Project (Highway Commercial) with a Reduction in Setbacks

GENERAL

LOCATION: East side of US 19, north side of Ridge Road.

LEGAL

DESCRIPTION: Lots 28-37, Block A, Highland Lakes, as per plat thereof recorded in Plat Book 5, Page 42, of the Public Records of Hernando County, Florida.

REQUEST: Rezoning from R-1A (Residential) to PDP(HC)/Planned Development Project (Highway Commercial) with a Reduction in Setbacks; 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 R-1A to PDP(GC)/Planned Development Project (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 subject property, as presently zoned, is not an appropriate location for single family residential development.

2. The requested rezoning of the subject property from R-1A (Residential) to C-2 (Highway commercial) is too intense and would be incompatible with the surrounding area. However, rezoning the subject property to PDP(GC)/Planned Development Project (General Commercial) would allow the imposition of conditions addressing access, buffering and lighting designed to minimize impacts to the surrounding area.

1. The design of the project, with the provision of a frontage road, provides for efficient flow of traffic on the project; consequently, a reduction in the front setback along US 19 from 125' to 75' would be appropriate.

4. Rezoning the subject property from R-1A to PDP(GC)/Planned Development Project (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. Rezoning the subject property from R-1A to PDP(GC)/Planned Development Project (General Commercial) with a reduction in setbacks 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 R-1A (Residential) to PDP(GC)/Planned Development Project (General Commercial) with a reduction in setbacks; 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)