Resolution 006-1995Growth Management Division
RESOLUTION NO. 006-1995
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY, AN
AMENDED SETTLEMENT AGREEMENT BETWEEN
MONROE COUNTY, THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, AND THE MONROE COUNTY
SCHOOL BOARD, REGARDING THE CONSTRUCTION OF
NEW SCHOOL FACILITIES ORIGINALLY PROPOSED TO BE
CONSTRUCTED ON BIG PINE KEY, AND DESIGNATING
ALTERNATIVE REVIEW PROCESS PURSUANT TO
FLORIDA STATUTES SECTION 235.193.
WHEREAS, the Department of Community Affairs is the state land planning agency
having the power and duty to exercise general supervision of the administration and enforcement
of Chapter 380, Florid Statutes, the Environmental Land and Water Management Act, which
includes provisions relating to the Florida Keys Area of Critical State Concern ("ACSC"); and
WHEREAS, the School Board has the power and duty to operate, control, and supervise
all free public schools within Monroe County, and to develop new educational facilities as may
be necessary to meet the educational needs of the students served by the public school system;
and .,
WHEREAS, Monroe County is the local government which issued the 4velopment order
at issue in a section 380.07 appeal to the Florida Land and Water Adjudicatory C '-, ssi0; and''',
WHEREAS, the parties have been involved in administrative proceeding_ concerning the .,
proposed development of an elementary school for 507 students by the School Board on Bipine
Key in the Florida Keys ACSC; and o
WHEREAS, the testimony, information and analysis provided during the extended
hearing conducted by the State of Florida Division of Administrative Hearings ("DOAH")
pursuant to Chapters 120 and 380 was voluminous, and exceeds that which would be generated
in a local government review pursuant to Section 235.193, Florida Statutes; and
WHEREAS, the Hearing Officer issued a Recommended Order on October 25, 1993,
which recommended denial of the School Board proposal to construct a new elementary school
on undisturbed pineland north of U.S. 1 on Big Pine Key; and
WHEREAS, the School Board has offered to abandon the proposal to construct as full-
size, regional elementary school north of U.S. 1 on Big Pine Key, and instead construct a small,
limited elementary school on Big Pine Key and expand the existing elementary and middle
school facilities on Sugarloaf Key into a regional educational center; and
WHEREAS, the DCA wishes to accept the School Board's offer of a settlement; and
WHEREAS, the DCA, the School Board, and Monroe County agree that development
of a regional educational facility at Sugarloaf Key and development of a small school on Big
Pine Key strikes a reasonable balance between protection of the Key Deer and provision of
adequate public educational facilities; and
WHEREAS, the School Board and DCA executed a Settlement Agreement on December
12, 1994, which requested ratification by Monroe County, and Monroe County wishes to ratify
that settlement agreement by execution of an Amended Settlement Agreement; and
WHEREAS, there is no need for additional local government review of the educational
facilities described in the Amended Settlement Agreement; and
WHEREAS, § 235.193 (9) authorizes Monroe County to agree with the School Board
and establish an alternative process for reviewing a proposed educational facility, site plan and
off site impacts; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA THAT:
Section 1. The Mayor is hereby authorized to execute, on behalf of Monroe County, the
Amended Settlement Agreement between Monroe County, the Monroe County School Board,
and the State of Florida Department of Community Affairs, attached hereto as Exhibit 1.
Section 2. Execution by Monroe County and the Monroe County School Board of the
Amended Settlement Agreement is hereby deemed to constitute an agreement that the DOAH
hearing which proceeded the Settlement Agreement constituted the alternative review process by
Florid Statutes §235.193 (9), and accordingly no further local government review shall be
required of the Big Pine Key and Sugar Loaf Key educational facilities, site plans and impacts.
Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy
of this Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of January, A.D., 1995.
Mayor Freeman YES
Mayor Pro Tem London YES
Commissioner Douglass YES
Commissioner Harvey YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:CS
Ldtt�;D
MAYOR/C AIRMAN (SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
VS.
CASE NO. APP-92-061
MONROE COUNTY SCHOOL BOARD, KITTY DOAH CASE No. 93-1316 DRI
WASSERMAN, BHF CORPORATION, and
MONROE COUNTY, a political subdivision
of the State of Florida,
Respondents.
AMENDED SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between the Monroe County
School Board ("School Board"), the Department of Community Affairs
("DCA"), an agency of the state of Florida, and the Board of County
Commissioners of Monroe County, Florida ("Monroe County").
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380, Florida Statutes,
the Environmental Land and Water Management Act, which includes
provisions relating to the Florida Keys Area of Critical State
Concern ("ACSC"); and
WHEREAS, the School Board has the power and duty to operate,
control, and supervise all free public schools within Monroe
County, and to develop new educational facilities as may be
necessary to meet the educational needs of the students served by
the public school system; and
WHEREAS, Monroe County is the local government which issued
the development order at issue in this section 380.07 appeal to the
Florida Land and Water Adjudicatory Commission; and
EXHIBIT
WHEREAS, the parties to this Settlement Agreement have been
involved in the above -captioned litigation concerning proposed
development of an elementary school for 507 students by the School
Board on Big Pine Key in the Florida Keys Area of Critical State
Concern; and
WHEREAS, the Hearing Officer issued a Recommended Order on
October 25, 1993, which recommended denial of the School Board
proposal to construct a new elementary school on undisturbed
pineland north of U.S. 1 on Big Pine Key; and
WHEREAS, the School Board has offered to abandon the proposal
to construct a full-size, regional elementary school north of U.S.
1 on Big Pine Key, and instead construct a small, limited
elementary school on Big Pine Key and expand the existing
elementary and middle school facilities on Sugarloaf Key into a
regional educational center; and
WHEREAS, DCA wishes to accept the School Board's offer of
settlement; and
WHEREAS, DCA is authorized by §380.032, Fla. Stat., to enter
into an agreement with any landowner, developer or other
governmental agency as may be necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes, or any
related rule; and
WHEREAS, the School Board and DCA executed a Settlement
Agreement on December 12, 1994, which requested ratification by
Monroe County, and Monroe County wishes to ratify that settlement
agreement by execution of this Amended Settlement Agreement.
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NOW, THEREFORE, in consideration of the terms and conditions
set forth hereafter, the parties hereto agree as follows:
1. Representations. The representations set forth above are
incorporated herein and are essential elements hereof.
2. Rescission of Development Order. By execution of the
original settlement agreement, the School Board abandoned the
development order that is the subject of the above -captioned
appeal. By execution of this Amended Settlement Agreement, Monroe
County hereby rescinds Resolution 482-1992.
3. Dismissal of This Proceeding. The School Board, DCA and
the County hereby request that the Florida Land and Water
Adjudicatory Commission issue an Order of Dismissal of the above -
captioned administrative proceeding after ratification of the
original Settlement Agreement or this Amended Settlement Agreement
by Kitty Wasserman and BHF Corporation.
4. Development of a Small School on Big Pine Key. DCA, the
School Board and Monroe County agree that development of a regional
educational facility at Sugarloaf Key and development of a small
school on Big Pine Key strikes a reasonable balance between
protection of the Key deer and provision of adequate public
educational facilities. DCA and the School Board agree to present
the following proposal to the U.S. Fish and Wildlife Service for
analysis of the impact on the Key deer. If the Service confirms
that development of a small school as described in this Agreement
will not have an adverse impact on the viability of the Key deer,
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DCA shall assist the School Board in obtaining land development
authorization for the small permanent school.
A. THE SMALL SCHOOL. The small school shall be
developed on approximately 4.5 acres consisting of Lots 5, 6,
and 7 of Tropic Island Ranchettes on Big Pine Key, presently
occupied by the Apostolic Lighthouse Mission Church.
Development of the small school shall consist of renovation of
the existing church buildings and the placement of no more
than two portables on the small school site, as generally
shown on the attached site plan. The population of the small
school will be limited to a maximum of 200 students. Only
pre -kindergarten through second grade students residing on Big
Pine Key, No -Name Key and north to Seven Mile Bridge will
attend the small school.
B. FENCING AND SITE PREPARATION. The 30' vegetated
buffer presently located along the western and southern
property line of the small school site (as shown on the
attached site plan) shall not be disturbed, and a conservation
easement shall be conveyed by the School Board to the U.S.
Fish and Wildlife Service, the Monroe County Land Authority,
or similar entity approved by DCA. The presently existing
fence line along the western boundary of the small school site
shall be moved to the eastern side of the 30' vegetated
buffer. The portion of the small school site which contains
the school buildings and the recreational facilities within
the vegetated buffer as shown on the attached site plan may be
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fenced for the security of the children. The existing borrow
pit on the small school site may be filled.
C. RECREATIONAL AND COMMUNITY FACILITIES. Recreational
facilities shall consist of an elementary playground and open
playfield within the fence line. The School Board will not
light the recreational facilities or build a softball field.
The School Board will limit the use of the small school site
facilities to school related activities, and will not enter
into any interlocal agreements allowing use of the school
facilities for non -school related functions.
5. Other Educational Facilities on Big Pine Key. Upon the
completion of the small school on Big Pine Key, the School Board
will close the temporary educational facility presently located on
Big Pine Key. The School Board will not construct any other
permanent educational facilities on Big Pine Key. The Department
will not approve temporary facilities on Big Pine Key unless the
School Board can demonstrate that:
A. No adequate classroom and associated facilities are
available at schools on Sugarloaf Key or other Keys equally
accessible to Big Pine Key, and
B. The population of pre -kindergarten through second
grade students residing on Big Pine Key, No -Name Key and north
to Seven Mile Bridge is more than 200.
In the event that the conditions for placement of temporary
facilities on the Big Pine Key are met, the School Board will use
5
its best efforts to expeditiously develop educational facilities on
other Keys, and remove the temporary facilities.
6. Regional Educational Facilities on Sugarloaf Key. The
School Board will expand the Sugarloaf Elementary School and the
Sugarloaf Middle School to accommodate the educational needs of
students in the Lower Keys region. The Department of Community
Affairs will assist the School Board in the development of regional
educational and recreational facilities at the Sugarloaf school
site. Sugarloaf will be the educational and recreational center
for the Lower Keys region.
A. SHORT-TERM COOPERATION. The School Board currently
owns 37 acres on Sugarloaf Key and is in the process of
purchasing an additional 9+ acres adjacent to the site.
Currently, a middle school is operating on the site which the
Department of Education considers overcrowded. Several aging
portable class rooms must also be taken out of use. The
School Board will construct a new middle school adjacent to
the existing school, and convert the facilities currently used
as a middle school to an elementary school. The planned
student population for all grade levels will be 956.
Recreational facilities consistent with Department of
Education requirements will be provided for all students,
including a playground, multi -use playing fields and a track.
These recreational facilities will be available to the
community.
Total educational and recreational facilities are
expected to occupy up to 14 acres. The undeveloped portions
of the approximately 46 acre site for the proposed Sugarloaf
Key Regional Educational Center contain hammock of varying
degrees of quality and areas of freshwater wetlands of
different sizes and quality. The parties agree that the
facilities should be as compact as possible to avoid
fragmentation of the hammock. Further, larger areas of high -
quality wetlands should be preserved to the maximum extent
possible, and filling, where necessary, should occur in small,
isolated wetlands and those wetlands exhibiting stress from
existing development.
The Department agrees to use its best efforts to assist
the School Board in the development of the Sugarloaf Key
Regional Educational Facility. The Department will not appeal
a development order issued by Monroe County which is
consistent with the above description of the regional
educational center, which allows the filling of no more than
4 acres of wetlands, and which achieves an open space ratio of
.60 in areas designated as hammock habitat in the undeveloped
acreage.
B. LONG-TERM COOPERATION. The School Board and DCA will
cooperate to achieve the expansion of the Sugarloaf Elementary
School to serve the elementary educational needs of the Lower
Keys region. Planning for the expansion of Sugarloaf
Elementary will continue.
7
7. Entirety of Agreement. This Agreement contains the
entire and exclusive understanding and agreement among the parties
and may not be modified in any manner except by an instrument in
writing and signed by the parties.
8. Release; Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own costs
and attorney fees incurred in connection with this -proceeding.
9. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
10. Enforcement. In the event of a breach of this Agreement
or failure to comply with any condition of it, the DCA may enforce
this Agreement as provided in §380.11, Fla. Stat.
11. Scope of Authority. This Agreement affects the rights
and obligations of the parties under Part II of Chapter 163,
Chapter 235; and Part I of Chapter 380, Fla. Stat. It is not
intended to influence or determine the authority or decisions of
any other state or local government or agency in issuance of any
other permits or approvals that might be required by state law or
local ordinance.
12. Date of Execution. This Agreement shall not be effective
until each party signs and acknowledges this Agreement. The date
of execution of this Agreement shall be the date that the last
party signs and acknowledges this Agreement.
8
IN WITNESS WHEREOF, the
parties
by and through
their
respective undersigned duly
authorized
representatives
have
executed this Agreement on the dates and year below written.
BOARD OF COUNTY 'OMMISSIONERS OF MONROE COUNTY
BY: Witnesses: _
STATE OF FLORIDA
COUNTY OF MONROE
The oregoing instrument was ackngwledge efore me this b
day of JAJMAAMA.W 1995, by ,
Mayor of the Boata of County Commissioners of Monroe County, on
behalf of the Commission. He/she is personally known to me or has
produced
not) take
an oath.
APPROVED AS TO FORM
AND LEQAL"FFICI
Or�iq
BY • r__�
CARI ROTH j Esq.
STATE OF FLORIDA
COUNTY OF LEON
as identification and did (did
Print name:
Notary Public
My Commission Expires:
witnesses: ~ \ a
St
The foregoing instrument was acknowledge before me this
day of , 1995, by CARI ROTH, Esq., attorney for the
Monroe County S(giool Board, on behalf of the School Board. He/she
is personally known to me or has produced
id-- f did -not) t ke - oath
Print now: /I7Acyrgs
Notary Public'
My Commission Expires:
CATHY THOMAS
W COMUSSION # CU78331 EXPIRES
April 20,1997
WWM TWAJ TROY FAIN IMBtpMM, W.
9
DEPARTMENTOF COMMUNITY AFFAIRS
BY:
L A OMIS SHELLEY, Sfibretary
2740 Centerview Drive
Tallahassee, FL 32399-2100
STATE OF FLORIDA
COUNTY OF LEON
Approved as to form and
legal sufficiency:
�C
/ n
The foregoin instrument was acknowledged before me, this /0
day of - , 1995, by LINDA LOOMIS SHELLEY, Secretary of
the Department f Community Affairs, an agency of the State of
Florida, who is personally known tp,-, me
as identificatlor and who dYd (did not) take
an oath.
DJPC:\bpk_scho.ol\settle6.agr
10
Pri t �JA-�►�Sf
N ry Public
M Commission Expires: /� b
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