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Amended and Restated Development Agreement for Sunrise Combined-Planned Development Project
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BRIEF OVERVIEW
On September 12, 2007, the Board of County Commissioners (Board) approved the Development Order (DO) for the Sunrise Development of Regional Impact (DRI), pursuant to Section 380.06, Florida Statutes, and was recorded on September 20, 2007, at Book 2491, Page 1770, of the Official Records of Hernando County, Florida. The Board approved an associated Planned Development Project on December 10, 2008, (File No. H-08-13).
Pursuant to the DRI approval, the entitlements for the Property remain vested as set forth in the approved C-PDP Rezoning, Master Plan, and DRI DO. Due to changes in Chapter 380, Florida Statutes, the development is not required to maintain its status as a Development of Regional Impact; therefore, the developer elected to abandon its DRI status and convert the previously approved Development Order into a Development Agreement with Hernando County.
On December 12, 2024, the Hernando County Planning & Zoning Commission approved the Conditional Plat for Sunrise Phase 1 based on consistency with the zoning and associated Development Agreement. At the Planning and Zoning Commission hearing, the Hernando County School District raised concerns about the project’s vesting for school concurrency. To address these concerns, the School District, the Board, the property owner and the developer have entered into a Settlement Agreement (LS Item 16646, approved November 18, 2025) and the School District and the County have entered into a separate settlement agreement (LS Item 16643, approved November 18, 2025) with the understanding that the Development Agreement would be amended to reflect the terms and conditions for school concurrency as incorporated into these agreements.
The attached Amended and Restated Development Agreement modifies the School Mitigation section of the Development Agreement and otherwise restates the Development Agreement.
The parties to this agreement are Hernando County and the developer/owners: Hawk Sunrise LLC; MAK Family Partnership, Ltd.; TBF Partners, Ltd.; TBF Partners II, LLC; Robert A. Buckner as Trustee under the certain Trust Agreement dated March 9, 1989; Robert A. Buckner individually; Sharon P. McKethan individually; Haley Dowlen as Personal Representative of the Estate of John Hale McKethan; Robert A. Buckner as Co-Trustee of the Robert C. Buckner Trust; William M. Buckner as Co-Trustee of the Robert C. Buckner Trust; James C. Buckner as Co-Trustee of the Robert C. Buckner Trust; James C. Buckner individually; Robert A. Buckner as Co-Trustee of the Celia M. Buckner Trust u/t/d dtd 1/16/03, as amended; James J. Buckner as Co-Trustee of the Celia M. Buckner Trust u/t/a dtd 1/16/03, as amended; William M. Buckner as Co-Trustee of the Celia M. Buckner Trust u/t/a dtd 1/16/03, as amended; and J. Thomas Bronson as Personal Representative of the Estate of T.E. Bronson.
FINANCIAL IMPACT
A matter of policy; there is no financial impact associated with this request.
LEGAL NOTE
The Board has the authority to act on this agreement pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended that the Board approve and authorize the Chairman’s signature on the attached Amended and Restated Development Agreement.