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Published: June 17, 2008
BROOKSVILLE - The city has struck a deal with a developer to try to head off a lawsuit over a land use designation for property on the State Road 50 bypass
As part of the settlement approved unanimously Monday night, the City Council agrees to reconsider a proposal by Innovators Investment Group, LLC for a comprehensive plan amendment and a planned development project for seven acres on the State Road 50 truck bypass and west of Hale Avenue.
In return, the developer agrees to hold off on a lawsuit filed last in December Hernando County Circuit Court.
Innovators had filed suit to challenge the council's decision to deny a request to place a commercial designation on eight acres at Hale and the truck route. Four separate parcels comprise the acreage, and three were already designated for commercial.
But the council balked on changing the fourth — a one-acre chunk at the northern end of the tract — from residential to commercial because of its proximity to its residential neighbors. Several neighbors had voiced concerns about the developer's plans, which included office space and a multi-story hotel.
As part of the settlement agreement, Innovators agreed to exclude that one acre so it retains a residential designation.
If the council denies the developer's request, Innovators reserves the right to resume the lawsuit, according to the agreement recommended by the city's legal staff.
"This basically takes away the uncertainty of litigation and the cost of litigation," City Attorney George Angeliadis told the council.
"I think this addresses the concerns we had during the original hearing, so let's move forward," Council member Lara Bradburn said.
In other action, the council voted unanimously to give its second and final approval of a zoning change to allow for a large mixed-use development near the Brooksville Country Club.
The planned development project will be situated on a 575-acre parcel on the northeast corner of McIntyre and Mondon Hill roads. The land is west of the existing country club and its golf course.
The plan submitted by Majestic Oaks Developers LLC and Majestic Oaks Partners LLC includes residential and commercial areas. The commercial area runs along McIntyre Road; the residential area would be constructed in four pods and include single family homes and villas with smaller yards.
The development is slated to include up to 999 residential units; up to 100,000 square feet of commercial space; and up to 31,000 square feet of space for a clubhouse and related recreational activities.
Reporter Tony Marrero can be reached at 352-544-5286 or lmarrero@hernandotoday.com.
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