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 duly advertised public hearings on January 11, 2006, March 15, 2006 and April 12, 2006, respectively, 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: Jonathan E. Klein/Diversified Property Group LLC 4
FILE NUMBER: H-05-81
PURPOSE: Establishment of a PDP(GC)/Planned Development Project (General Commercial) Master Plan
GENERAL
LOCATION: North side of State Road 50, East side of Brookridge Central Boulevard, West side of Grove Road.
LEGAL
DESCRIPTION: A portion of Section 27, Township 22 South, Range 18 East, Hernando County, FL (legal description is length; on file in the Planning Department).
REQUEST: Establishment of a PDP(GC)/Planned Development Project (General Commercial) Master Plan; 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 denial 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 subject property contains approximately 22.86 acres and is presently zoned Planned Development District (General Commercial)/PDP(GC).
2. The County's Zoning Code requires, among other things, that property in the Planned Development District zoning category must receive master plan approval as a prerequisite to any development. Furthermore, the Code requires that all commercial developments in excess of 65,000 square feet receive heightened developmental review and, if approved, are subject to additional restrictions and conditions.
3. Petitioner, in its proposed Master Plan, requests to develop the subject property at an intensity of up to 154,103 square feet of retail commercial space. The narrative and plan provided to the County show a strip shopping center with approximately 134,400 square feet of retail space and three (3) out-parcels containing 3,671 square feet, 8,000 square feet and 8,000 square feet of retail space, respectively.
4. At this time, Cortez Boulevard (SR 50) between High Point Boulevard and Suncoast Parkway is operating below the acceptable Level of Service (LOS) Standard "C" based upon based upon the most recent data provided by the Florida Department of Transportation and analysis using FDOT's methodology.
5. The subject property is located along SR 50 within the above segment.
6. Cortez Boulevard (SR 50) presently does not have the capacity to support the subject commercial development at the intensity proposed.
7. Upon questioning by us at the public hearing in this matter, the County Engineer advised that transportation mitigation projects which have been programmed by the County to reduce and/or mitigate traffic on Cortez Boulevard (within the affected roadway segment), including constructing and/or widening parallel roadways, will take at least five (5) years to fund, design, construct and implement.
8. The County Engineer further testified that even if the Petitioner constructs a frontage road in accordance with the County's Frontage Road Ordinance, the presence of said frontage road would not mitigate the adverse impacts the subject commercial development would have on Cortez Boulevard. In fact, the construction of any proposed mitigation within the control of either the Developer or the County would be insufficient to mitigate the traffic impacts on Cortez Boulevard prior to, or concurrent with, the anticipated completion of the proposed commercial development of the subject property.
9. The BOCC specifically finds the testimony of the County Engineer to be credible and persuasive.
10. Objective 1.04C of the County's adopted Comprehensive Plan instructs that land development shall Not be permitted unless the necessary facilities and services to maintain public health, safety and general welfare are either existing or ensured. In the instant matter, the evidence fails to demonstrate that necessary roadway facilities were existing or had been adequately ensured.
11. The subject commercial development, at the intensity proposed, is premature given the current transportation concurrency constraints along the affected segment of Cortez Boulevard.
12. At this time, the subject commercial development, at the intensity proposed, is 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. Based on the findings above, the Establishment of a Master Plan for the subject commercial development, at the intensity proposed, is 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 DENIES the Establishment of a PDP(GC)/Planned Development Project (General Commercial) Master Plan as proposed at this time. 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 25th DAY OF APRIL, 2006
BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA
Attest:__________________________ By:______________________________________
KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON
(SEAL)