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File #: 17295   
Type: Resolution Status: Agenda Ready
File created: 3/14/2026 In control: Board of County Commissioners
On agenda: 4/14/2026 Final action:
Enactment date: Enactment #:
Title: Resolution Ratifying Denial of Mediated Settlement Agreement With Mark Keschl of Meridien Development, LLC, on Behalf of Gary Haber, Evelyn Haber, Kenneth L. Haber, and Martha Haber, Dated January 27, 2026 (H2482)
Attachments: 1. Application Packet, 2. Mediated Settlement Agreement & Recommendation of Special Magistrate - 01.27.2026, 3. Meridien Development, LLC Letter of Request for Relief, 4. Notice of Mediation for 01.27.2026, 5. Quit Claim Deed 04.25.2005, 6. Original Site Plan 12.04.2024, 7. Meridien Development, LLC Court Proceeding 06.09.2025, 8. Meridien Development, LLC Court Proceeding 08.05.2025, 9. Meridien Development, LLC Court Proceeding 11.04.2025, 10. Resolution No. 2025-204 - Board Denial 12.02.2025, 11. Updated Site Plan 07.24.2026, 12. Kyle Benda - Petitioner's Maps, 13. Affidavit of Publication of Legal Ad for 03.03.2026 Meeting, 14. Public Comment - Brenda Rabbitt - Map, 15. Public Comment - Cheryl Kelly - Exhibits, 16. Denial Resolution
Related files: 16103, 15971, 16595, 16707
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Resolution Ratifying Denial of Mediated Settlement Agreement With Mark Keschl of Meridien Development, LLC, on Behalf of Gary Haber, Evelyn Haber, Kenneth L. Haber, and Martha Haber, Dated January 27, 2026 (H2482)

 

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BRIEF OVERVIEW

In Hernando County Planning Department File H2482, Meridien Development, LLC (hereinafter “Developer Party”), applied to the County to rezone the subject parcel on the northeast corner of Commercial Way and Spring Hill Drive (Key No. 411931) on May 9, 2025.

 

Public Hearing History

On June 9, 2025, the Planning and Zoning Commission voted 3-2 to recommend the Board of County Commissioners adopt a resolution approving the petitioner’s request for a rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/Planned Development Project (General Commercial) with a Specific C-2 use for drive-in restaurant with deviations and modified performance conditions.

 

On August 5, 2025, the Board of County Commissioners voted 5-0 to postpone the petitioner’s request for a rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/Planned Development Project (General Commercial) with a Specific C-2 use for drive-in restaurant with deviations to a future hearing date with all readvertising costs being paid by the applicant, so that a revised site plan and traffic study could be provided by the applicant for inclusion in the agenda packet. 

 

On November 4, 2025, the Board of County Commissioners voted 4-1 to deny the petitioner’s request for a rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/Planned Development Project (General Commercial) with a Specific C-2 use for drive-in restaurant with deviations.

 

Appeal and Mediation

The Developer Party filed a Request for Relief under the Florida Land Use and Environmental Dispute Act (FLUEDRA) on December 11, 2025.

 

On January 27, 2026, Hernando County staff and the Developer Party mediated the dispute and agreed on the attached Mediated Settlement Agreement and Recommendation of the Special Magistrate.

 

On March 3, 2026, the Board of County Commissioners voted 3-2 to deny the Mediated Settlement Agreement and associated Recommendation of the Special Magistrate.

 

FINANCIAL IMPACT

None.  Each party shall bear its own attorneys’ fees.

 

LEGAL NOTE

The Board has authority to act on this matter pursuant to Section 125.01, Florida Statutes.

 

recommendation

RECOMMENDATION

It is recommended that the Board approve and authorize the Chairman’s signature on the attached resolution ratifying the Board’s action on March 3, 2026, to deny the attached mediated settlement agreement.