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Mediated Settlement Agreement With NVR, Inc., Barbara Zellmer, Regional Land Entitlement Manager, Dated July 2, 2025, and Associated Resolution
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BRIEF OVERVIEW
Hernando County Planning Department File H2453, Emerson Capital Group, LLC, BANC Development Group Limited and NVR, Inc., hereinafter Developer Parties, applied to the County to rezone for a project to be named Maple Crossing on August 26, 2024.
Public Hearing History
P&Z ACTION (November 4, 2024): On November 4, 2024, the Planning and Zoning Commission voted 5-0 to postpone the petitioner’s request to provide the petitioner with additional time to coordinate with staff revisions to the original request/application.
P&Z ACTION (December 9, 2024): On December 9, 2024, the Planning and Zoning Commission voted 3-2 to approve the petitioner’s request with revised performance conditions.
BOCC Action (January 28, 2025): On January 28, 2025, the Board of County Commissioners (BOCC) voted to postpone the petitioners request to their March 25, 2025, hearing, in order to provide additional time for the petitioner to review BOCC comments and potential changes to the master plan with County staff.
BOCC Action (March 25, 2025): On March 25, 2025, the BOCC voted to postpone the petitioner’s request to their May 6, 2025, hearing in order to provide additional time for the petitioner to review BOCC comments and potential changes to the master plan with County staff.
BOCC Action (May 6, 2025): On May 6, 2025, the BOCC voted 5-0 to adopt a resolution denying the petitioner’s request for a rezoning from CPDP (Combined Planning Development Project) with GC (General Commercial) and SF (Single-family) uses, and CPDP (Combined Planning Development Project) with OP (Office Professional) and Congregate Care Facility uses, to PDP(MF)/ Planned Development Project (Multifamily) for the development of a townhome community and to establish an associated master plan. Denial was based on intensity of the project and environmental impact concerns.
Appeal and Mediation
The Developer Parties filed a Petition for Writ of Certiorari in Hernando County District Court on June 5, 2025, challenging the BOCC denial (Case No. 25-CA-0549).
On July 2, 2025, Hernando County staff and the Developer Parties mediated the dispute and agreed on the attached Mediated Settlement Agreement which is presented here for approval by the Board of County Commissioners.
FINANCIAL IMPACT
None. Each party shall bear its own attorneys’ fees.
LEGAL NOTE
The Board has the authority to approve this Mediated Settlement Agreement pursuant to Section 125.01 of the Florida Statutes.
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RECOMMENDATION
It is recommended that the Board approve the Mediated Settlement Agreement, as well as adopt and authorize the Chairman’s signature on the attached resolution thereby (1) resolving the legal challenge pursuant, and (2) approving rezoning File H2453 with the additional conditions as outlined in the Mediated Settlement Agreement.