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Planning board backs rezoning of 41.22-acre South Brooksville site despite residents' flooding concerns

City of Brooksville Planning and Zoning Commission · July 10, 2024
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Summary

The Brooksville Planning & Zoning Commission voted to recommend approval of Ordinance 9 83 to rezone about 41.22 acres in South Brooksville for 93 single-family lots, subject to 15 staff conditions, while residents pressed the board about longstanding flooding and wastewater capacity problems.

The City of Brooksville Planning and Zoning Commission on July 10 voted to recommend that city council approve Ordinance 9 83, a request to rezone roughly 41.22 acres in South Brooksville from a planned development multifamily designation to planned development residential to allow 93 single-family lots.

The board made the recommendation after hearing presentations from the applicant’s engineer, city staff and members of the public. Cody Bogart of Newkirk Engineering, the applicant’s engineer, described the concept plan as showing "40 acres we're trying to rezone, for single family use. 93 lots are shown on the concept plan that was submitted to staff." Bogart said the project would include a right-turn lane and that the developer would perform required traffic and drainage studies.

City planner Steven Goldman told commissioners the site is about 41.22 acres, that roughly half the property is in a flood hazard area and that the future land use designation in the plan would technically allow up to 741 units "but there is a significant amount of flood plain," making that density impractical. Goldman recommended the commission forward a favorable recommendation to council and noted the council hearing is scheduled for Aug. 5.

Residents urged the board to weigh local impacts. Vianice Black, speaking for family members who have lived near the site for generations, said the neighborhood has "had flooding for years" and raised safety concerns about traffic on Barnett Road. William Hicks, who identified himself as from the historic Timmons Settlement, told the commission the community has suffered property damage since Walmart was built and said "it's Walmart's fault," adding he expected development to move forward only if the flooding issues are addressed.

City and applicant witnesses answered questions about how the project would manage stormwater and not increase off-site runoff. Goldman and engineer Cody Bogart said the developer must meet Southwest Florida Water Management District and FEMA requirements; Bogart said engineers' job is "to not make situations worse and to make them better where we can." Goldman added the city cannot require the developer to fix drainage on upstream private property but will require on-site retention and that SWFWMD approval is necessary before the city issues construction permits.

Commissioners also heard that the school district’s capacity analysis is advisory: Jim Lipsey for the district said the school analysis is nonbinding and that, if the zoned school lacks capacity, district staff look to adjacent schools and provide a finding to the city. On wastewater, Dave Haley told the board the city faces capacity constraints and described an engineering estimate of about 1,300 theoretical ERUs of capacity with roughly 800 already committed and said addressing the problem could cost "somewhere around $25,000,000" over the long term; the city planned to present two options to council on July 15.

After discussion about whether rezoning itself should be deferred because of infrastructure limits, the commission concluded rezoning and development are legally separate: the board repeatedly cited legal guidance that rezone recommendations should focus on consistency with the comprehensive plan and procedural requirements, while actual development and building approvals will depend on meeting capacity and permitting requirements.

A motion to recommend approval of Ordinance 9 83, including the 15 staff conditions, passed on a voice vote; one commissioner recorded a nay. The recommendation will be forwarded to the City Council for final action on Aug. 5.

The council hearing is the next procedural step; development approvals (preliminary plat, traffic studies, and SWFWMD/FEMA approvals) must be completed before construction can proceed.