Brooksville council OKs mediated settlement, rezones Wisconn Road site for 92-home subdivision

Brooksville City Council voted unanimously Monday to approve a mediated settlement with Brooksville Associates and to adopt Ordinance 983 rezoning about 41.22 acres on the north side of Wisconn Road for a maximum of 92 single‑family lots.

The council’s action follows a mediation under the Florida Land Use and Environmental Dispute Resolution Act and a months‑long dispute over what the property owner contends are vested rights to a much larger development. The settlement and rezoning reduce the petitioner’s claimed entitlement and set development parameters the city and the owner agreed would avoid protracted litigation.

The mediated agreement was reached in December 2024 after the owner filed a petition on Sept. 25, 2024. Derek Schroth, the magistrate‑mediator who led the process, described his role and the settlement’s purpose: “I’m a neutral party. Both sides pay for my fee equally in this matter,” Schroth said, adding that mediation averted a full contested evidentiary hearing.

Why it matters: The property’s comprehensive‑plan designation could allow up to 741 dwelling units at certain densities, a figure the petitioner has cited from prior approvals dating to the 1989 annexation. Council members and residents had earlier cited flooding, road capacity and wastewater limits as critical constraints; the settlement narrows potential exposure to a costly Bert Harris Act claim while imposing conditions that require state and agency permitting.

Key facts and terms - Parcel size: 41.22 acres. The mediated settlement and the rezoning ordinance limit development to a maximum of 92 single‑family lots. - Lot mix agreed in the settlement and included in staff conditions: 72 lots with minimum 50‑foot frontage, 8 lots with 55‑foot frontage and 12 lots with 60‑foot frontage. - Earlier approvals: the property was annexed to Brooksville in 1989 with zoning that the petitioner cites as supporting rights for 741 mobile homes. In 2006 the owner received approval for up to 156 townhomes; a three‑year time limit lapsed when construction did not begin. - Regulatory review: the settlement includes a condition requiring compliance with the South‑West Florida Water Management District (SWFWMD) and other agency reviews before building permits are issued.

Opposition, flood risk and legal exposure Council discussion repeatedly focused on flood risk and wastewater capacity. Several council members and at least one nearby resident said portions of the site and downstream areas, including a low point known locally as Peck Sink, have flooded in recent storms. Council members uniformly noted that any building permit for new homes will require demonstration of stormwater mitigation and agency approvals before construction can proceed.

City staff and the petitioner said agency permitting is expected to reduce localized flooding compared with the current undeveloped condition. Mark Bentley, attorney for Brooksville Associates, emphasized the settlement’s stormwater condition: “There’s a condition, imposed on the settlement, condition 13, actually, that we have to comply with SWFWMD and through all the agency review,” Bentley said.

City counsel and the mediator also told council members that rejecting the settlement might expose the city to a claim under the Bert Harris Act if a court later finds the owner had vested development rights. The mediator described that potential outcome as a key reason the parties sought a negotiated solution.

What the council approved - A motion to accept the mediated settlement agreement with Brooksville Associates (vote recorded as passing 5–0). - Second reading and adoption of Ordinance 983 rezoning the property to the PDPR (Planned Development Project — Residential) classification, codifying the settlement terms (roll‑call vote: Mayor Tanner, Vice Mayor Bronson, Councilmembers McKeithen, Ehrhardt and Hallows — all voted Aye; ordinance passed 5–0).

Next steps The settlement and zoning approval are conditional. The developer still must obtain detailed site plan approvals, demonstrate compliance with stormwater and wastewater requirements and secure permits from the Water Management District and other agencies before construction or permitting can proceed. City staff said the site will be reviewed through the city’s normal construction‑plan process and that wastewater capacity is not guaranteed until infrastructure capacity and service agreements are in place.

Speakers and sources quoted or summarized in this article include Derek Schroth, magistrate‑mediator; Mark Bentley, attorney for Brooksville Associates; Steve Goldman, city planner; David Hanley, interim city manager; Wade Vos, city attorney; and multiple council members. Direct quotes in the story are taken from the public hearing record.

Ending Council members said the settlement reduces immediate legal risk to the city while creating a path for a more modest, staff‑reviewed development. Council approval does not authorize construction; final building permits will depend on mitigation, agency approvals and available wastewater service.