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County grapples with developer's controversial agreement changes

December 10, 2024 | Hernando, School Districts, Florida


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County grapples with developer's controversial agreement changes
The Hernando School District's informal meeting on December 10, 2024, focused heavily on the contentious Sunrise development project, which has raised significant concerns regarding school site allocations and developer agreements.

Chris Wilson, the district's real estate attorney, provided an update on the status of the Sunrise development, which recently passed a conditional plat with the county. The main issue at hand is the developer's potential abandonment of the original Development of Regional Impact (DRI) agreement, which included the provision of two school sites to the district. Wilson emphasized that if the developer does not adhere to the DRI, they must follow the standard concurrency process, which currently indicates a shortfall of 149 high school seats, translating to a financial impact of approximately $12.3 million—far exceeding the anticipated impact fees.

Board members expressed frustration over the possibility that the developer could disregard their original commitments. Wilson clarified that the district's position is that the developer must honor the DRI, which was established in 2007 and included the donation of 75 acres for school sites. However, the developer is now suggesting that the district purchase the land at fair market value, contrary to the original agreement.

The discussion also highlighted the implications of this situation for future developments in the area. Board members voiced concerns that allowing the developer to bypass the original agreement could set a precedent for other developers, potentially undermining the district's ability to secure necessary school facilities.

Wilson noted that the district has attempted to engage with both the developer and the county to resolve these issues, but meetings have been largely unproductive and adversarial. He urged the board to consider appealing the county's decision regarding the development agreement, as this could provide leverage in negotiations.

The meeting underscored the critical need for the Hernando School District to navigate these complex negotiations carefully to ensure that the educational needs of the community are met amid ongoing development pressures. The board is expected to deliberate on the next steps in addressing the developer's actions and securing the necessary school sites.

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