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File #: 12632   
Type: Agenda Item Status: Adopted
File created: 8/4/2023 In control: Board of County Commissioners
On agenda: 9/26/2023 Final action: 9/26/2023
Enactment date: 9/26/2023 Enactment #:
Title: Mediated Settlement Agreement With Adam Webster, Wayne Karastury, and Civil-Tech Consulting Services, LLC, on Behalf of Mohamed Nazir Hamoui and Nada Hamoui as Trustees of the N & N Family Revocable Trust Dated October 12, 2022, and Associated Resolution
Attachments: 1. Proposed Resolution, 2. 2023-07-27 Mediated Settlement Agreement, 3. Documents Submitted by Attorney Ozyjowski, 4. Request for Relief, 5. Resolution 2023-91 - Denial, 6. H-22-58 P&Z Action 11-14-22, 7. H-22-58 BCC Action 11-08-22, 8. H-22-58 P&Z Action 10-31-22, 9. H-22-58 Staff Report, 10. H-22-58 Maps, 11. H-22-58 Master Plan, 12. H-22-58 Application Packet, 13. H-22-58 P&Z Petitioner Exhibit, 14. H-22-58 Public Correspondence, 15. H-22-58 Citizen Exhibit, 16. Affidavit of Publication of Legal Ad CLK23-136, 17. Mediated Settlement Agreement With Adam Webster, Wayne Karastury, and Civil-Tech Consulting Services, LLC Previous and Revised Plans Exhibit
TITLE
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Mediated Settlement Agreement With Adam Webster, Wayne Karastury, and Civil-Tech Consulting Services, LLC, on Behalf of Mohamed Nazir Hamoui and Nada Hamoui as Trustees of the N & N Family Revocable Trust Dated October 12, 2022, and Associated Resolution

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BRIEF OVERVIEW
In Hernando County Planning Department File Number H-22-58, Adam Webster, Wayne Karastury, and Civil-Tech Consulting, LLC ("Webster") applied to the County to reestablish a master plan for land zoned Planned Development Project (General Highway Commercial) to add a specific additional C-2 zoning district use for the operation of a mini-warehouse.

On November 14, 2022, the Planning and Zoning Commission recommended approval of Webster's application.

On December 13, 2022, a public hearing was conducted on the application to reestablish the master plan and add a specific C-2 use and the Hernando County Board of County Commissioners denied the application.

On January 12, 2023, Webster filed its Request for Relief with Hernando County, stating that it believes the denial of its application was unreasonable or unfairly burdened the use of the owner's property.

On May 15, 2023, Webster supplemented its Request for Relief to complete the filing and start the deadlines in Section 70.51 of the Florida Statutes, otherwise known as the Florida Land Use and Environmental Dispute Resolution Act ("FLUEDRA").

On July 27, 2023, Hernando County representatives participated in a hearing/mediation pursuant to FLUEDRA. A Mediated Settlement Agreement was reached among the parties.

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 70.51(17) of the Florida Statutes.

recommendation
RECOMMENDATION
It is recommended that the Board adopt the attached resolution which approves the proposed settlement agreement thereby (1) resolving the legal challenge pursuant to Sectio...

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