§ 23-149. Findings.

The board adopts the following findings:

(a)

On June 7, 1989, the board adopted Ordinance 89-9 which adopted the Hernando County Comprehensive Plan, as such plan or portions thereof have been subsequently amended (the "comprehensive plan").

(b)

The county's initial comprehensive plan included a Future Land Use Map ("FLUM") and related text which established and mapped various future land use categories such as rural, residential, commercial, industrial, mining, recreation, etc.

(c)

In connection with the county's adoption of the initial comprehensive plan, the board designated that certain area lying south of SR 50, north of Hernando/Pasco county line, east of Lockhart Road and west of the abandoned CSX railroad right-of-way (currently used as the Withlachocee Trail) as the I-75/SR 50 Planned Development District ("I-75/SR 50 PDD") as delineated on the FLUM; and,

(d)

The I-75/SR 50 PDD designation within the comprehensive plan allows broad mixed-use development commercial, industrial, residential including multi-family, recreation and public facilities land uses.

(e)

Those persons owning property within the I-75/SR 50 PDD specially benefit from the mixed-use category previously assigned to this area under the adopted comprehensive plan.

(f)

The I-75/SR 50 PDD contains approximately five thousand twenty-one (5,021) acres, the majority of which is currently undeveloped at the time of adoption of this ordinance.

(g)

Up until the time of adoption of this ordinance, there has been minimal need for the county to expand or create new roads, parks, schools and other park capital facilities within or in proximity of the I-75/SR 50 PDD Area.

(h)

The Hernando County School District ("HCSD") has indicated its desire to acquire up to two (2) potential school sites, totaling approximately 75 acres, within the I-75/SR 50 PDD, and that the acquisition of these sites be without cost to or future financial outlay by the HCSD.

(i)

Objective 1.07B of the county's comprehensive plan mandates the efficient utilization of the mixed land uses ( i.e. commercial, industrial, residential) in the I-75/SR 50 PDD Area, through master planning, roadway network, infrastructure and public facilities, and aesthetics prior to or concurrent with development occurring.

(j)

In 2007, a detailed analysis of the public infrastructure and facilities needs of the I-75/SR 50 PDD was prepared, specifically as to roads, schools, parks, utilities, and other public facilities ("needs analysis") which has been reviewed by staff and incorporated herein by reference as supporting data and analysis.

(k)

The needs analysis also identified those properties bordering on the north side of SR 50 between Lockhart Road and the abandoned CSX railroad right-of-way, and those properties bordering on the north and south sides of SR 50 between Lockhart Road and Spring Lake Highway (the "additional benefitted properties") as directly benefitting by the planned area road network.

(l)

The I-75/SR 50 PDD together with the additional benefitted properties collectively comprise the "Greater I-75 SR 50 PDD Area".

(m)

An area plan was formulated regarding the development of the Greater I-75/SR 50 PDD Area (the "I-75/SR 50 PDD Area Plan") based on the data and estimates contained in the Needs Analysis and the desire of the HCSD to acquire the two (2) school sites identified therein without any financial outlay.

(n)

Prior to the adoption of this division, the BOCC approved the I-75/SR 50 PDD Area Plan.

(o)

Due to the lack of existing public infrastructure and facilities within or proximate to the I-75/SR 50 PDD, there are greater financial costs associated with creating new public infrastructure and facilities necessary to serve the anticipated resident population and development within the I-75/SR 50 PDD and to serve the transportation needs of the additional benefitted properties.

(p)

It is the policy of the board that new development bears its full share of the actual costs to provide new public facilities and infrastructure, i.e. roads, parks, schools and other public capital improvements for the anticipated resident population and development of this area, and that these costs are fairly and proportionately shared among all property owners within the I-75/SR 50 PDD and among the additional benefitted properties.

(q)

The county requires an additional and reliable source of funding for the anticipated public infrastructure and facilities needed to accommodate the density and intensity of new development that is planned to occur within the I-75/SR 50 PDD, and along the SR 50 corridor as pertaining to the additional benefitted properties, and that the funding of which may be fairly apportioned among all property owners at time of development.

(r)

The establishment of an impact fee surcharge and planning overlay for the I-75/SR 50 PDD, and for the additional benefitted properties as to road improvements, is the fairest and most practicable method of insuring that there will be adequate public infrastructure and facilities in place prior to or concurrent with new development within this area and that such funding is approximately and fairly apportioned to all property owners at time of development.

(Ord. No. 2007-16, § 1, 9-12-07)