BROOKSVILLE – The City Council voted unanimously July 20, to approve an agreement allowing the developer of the Milk-A-Way Farms project to remove protected specimen trees in exchange for planting 1,430 trees and paying $175,000 into the city’s tree mitigation fund.
The 5-0 vote settles a dispute over trees on the roughly 440-acre site at Broad Street and Croom Road. Landmark Engineering Corp., acting on behalf of HBWB Development, had asked the council for permission to clear certain specimen trees, Community Development Director David Hainley said.
Council member Louis Hallal said the two sides reached the agreement in a meeting earlier that day.
“We came to a very good conclusion, I believe, for the city,” he said.
The $175,000 payment covers the caliper inches of tree trunk being removed, Hainley said, and he confirmed the deal complies with the city’s code of ordinances. Technical problems forced staff to present the landscape plan to the council on paper maps rather than on screen.
The agreement covers Phases 1A, 1B and 1C, but not Phases 2 and 3.
“This is only half of the development,” Mayor Christa Tanner said.
“Yes,” Hainley said. “The front half.”
Tanner said only the tree mitigation was at issue July 20. The development itself was approved years ago.
Council member Betty Erhard asked who would confirm the trees are planted. Hainley said the nursery supplying the trees must provide a certification letter, and the landscape architect must certify that the trees have been installed.
Plat approvals shift to staff
The council voted 5-0 to approve the first reading of an ordinance turning plat approvals over to city staff rather than the council and directed staff to make any changes before the second reading Aug. 3.
The change is required by state law. Gov. Ron DeSantis signed Senate Bill 784 on June 20, 2025, amending a Florida statute effective July 1, 2025, to require administrative approval of plats and replats that meet state requirements. The law also requires local governments to designate, by ordinance or resolution, an administrative authority to receive, review and process submittals, along with an administrative official responsible for approving, approving with conditions or denying them.
The ordinance revises the affected sections of the Land Development Code to conform to that process. The city has hired a company to review plats, Hainley said, and the process works.
Vice Mayor Thomas Bronson asked what would happen if the council rejected the ordinance. City Attorney Chloe Berryman said the resolution already adopted would remain in place and the procedure would be followed regardless.
Bronson said he raised the question so the public would understand that the Legislature, not the council, made the call. Plats will be approved by administrative review instead of through the council’s quasi-judicial process.
Brooksville Main Street rent
The council voted 4-1, with Erhard dissenting, to keep Brooksville Main Street’s rent at $104.17 a month for the 250 square feet the organization occupies at Hernando Park.
The lease includes use of the common room, kitchen, storage closet and an outside storage unit. The organization will also pay $300 a month in utilities, bringing the city’s annual revenue from the lease to $4,850.04.
Erhard, who pulled the item from the consent agenda, has said repeatedly that she wants the city to stop giving money to Brooksville Main Street. In this case, she said, the organization should pay more.
Hallal defended the lease.
“What they’re paying is very fair for the little space that they have,” he said.
Zoning confusion
A resident told the council that some city properties, including his, are listed as zoned for both commercial and residential use. The city has recognized his property as residential, he said, though it was an antique shop at one time. He said a city official told him some properties are zoned commercial, but that people are allowed to live in them, and he named others with the same designation.
Tanner said she is aware that some properties around downtown carry “dual zoning,” and that the problem is not unique to Brooksville. Older historic communities often have properties that were once commercial and later shifted toward residential use, she said.
Berryman said it was the first she had heard of the issue and that she would look into it and ask staff to brief her.
Tanner said the council could help the resident get to the bottom of it, but that an immediate motion to rezone would be unwise given the rules involved.