RESOLUTION NUMBER 2006-95

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: Mark Maloney and Richard Klinger FILE NUMBER: H-05-120

PURPOSE: Rezoning from AG to A/C (Agricultural/Commercial).

GENERAL

LOCATION: East side of Sunshine Grove Road, approximately 500' south of Olympic Village Lane.

LEGAL

DESCRIPTION: Lots 15A and 15B, Gulf Florida Highlands, Unit 1, an unrecorded subdivision, located in a portion of Section 4, Township 22 South, Range 18 East, Hernando County, FL.

REQUEST: Rezoning Lots 15A and 15B from AG to A/C (Agricultural/Commercial); 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 approval of the rezoning from AG to A/C (Agricultural/Commercial) on the subject property. In further support thereof, the BOCC makes the following specific findings of fact:

1. Rezoning the subject property from AG (Agricultural) to A/C (Agricultural/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:

2. Resolution 2006-36 dated February 8, 2006, as filed with the Clerk, did not mirror what the Board of County Commissioners actually approved at the hearing regarding the Subject Property. Accordingly, Resolution 2006-36 is hereby rescinded and shall be replaced by this Resolution.

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 AG (Agricultural) to A/C (Agricultural/Commercial), subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof. Resolution 2006-36 is hereby rescinded and shall be replaced by this Resolution. 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 __ DAY OF APRIL, 2006

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Attest:___________________________ By:______________________________________

KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON

(SEAL)