PROPOSED SETTLEMENT AGREEMENT OPTIONS CONCERNINGWEST ORANGE COUNTY RELIEF HIGH

SCHOOL

Orange County Board of County Commissioners

April 7, 2015

• Nov. 5, 2013 – BCC Denied OCPS’s Special Exception

Application for Relief High School

in West Orange County

• Dec. 2013 - As a result, School Board filed Two Court Cases Against Orange

County

• Dec. 2013 - Three-Step Intergovernmental April 2014Conflict Resolution

Process Under Ch. 164, Fla. Stat., Concluding with

Mediation

• April 2014 - Mediated Settlement Agreement rejected by 4-3 vote of BCC

BACKGROUND

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Proposed Settlement Agreements

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  District 1 School Board – A School Board - B

LIGHTING - FIELDSResidential style around perimeter of practice fields. 40’ max, lights out 8:00pm

Lighting not installed around perimeter of practice field. Use advance lighting technology. No ‘lights out’ time Same as District 1

LIGHTING - PARKING

Publix style, Max 30’, Comply with OC exterior lighting ordinance, including cut-off lighting requirements Same as District 1 Same as District 1

WALL8’ precast concrete wall with columns along north and east property lines Same as District 1

Changes wall to 6’ high vinyl fence along north and east property lines

FENCING

6’ decorative aluminum along CR 535. Black vinyl chain-link fence around storm-water retention area Same as District 1 Same as District 1

PORTABLES N/A N/A N/A

ARCHITECTURAL STYLE

Substantially similar to Sun Ridge Middle School incorporated on building facades Same as District 1 Same as District 1

LANDSCAPECanopy buffer trees along sides of retention area – east and north property lines Same as District 1 Same as District 1

OCPS COST – ARCHITECTURAL

LANDSCAPE 3 Million 2.5 Million 2.5 Million

STUDENT CAPACITY 2,500 Same as District 1 2,776BELLS Subdued Same as District 1 Same as District 1

STADIUM Offsite – Dorman Property Onsite Offsite – Dorman PropertyCOUNTY

CONTRIBUTION Up to 2.5 Million N/A Same as District 1STADIUM

MAINTENANCE/USAGE 50-50 split N/A Same as District 1

West Orange Relief High SchoolSettlement Proposals

Proposed Settlement Agreements

Common Elements of Each Settlement Proposal

• OCPS is not Required to Accept any other Conditions or Restrictions on its Special Exception Application

• OCPS Consents to Amendments to County’s Comprehensive Plan and School Siting Ordinance Prohibiting Any Other High Schools in Rural Settlements

● Parties Agree to Work to Develop a Policy on OCPS’s Purchase of Land for Future School Sites

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Proposed Settlement Agreements

Common Elements of Each Settlement Proposal (cont.)

• Approval of Settlement Proposal by Both Parties will Require BZA and BCC Public Hearings on OCPS’s Application with Additional Conditions and Restrictions

• Decision by BCC to Approve a Settlement Proposal is Not a Decision to Approve OCPS’s Application at Subsequent Public Hearing

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Proposed Settlement Agreements

Common Elements of Each Settlement Proposal (cont.)

• If BCC and School Board Do Not Approve Settlement Agreement, Litigation Continues

• Also if Both Parties Approve Settlement Agreement, but BCC Does Not Approve OCPS’s Application at Subsequent Public Hearing, Litigation Resumes

• If Both Parties Approve Settlement Agreement, and BCC Later Approves Application at Subsequent Public Hearing with Additional Conditions and Restrictions, Litigation between School Board and County Ends

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Recommended Action

Adopt a Settlement Agreement

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PROPOSED SETTLEMENT AGREEMENT OPTIONS CONCERNINGWEST ORANGE COUNTY RELIEF HIGH

SCHOOL

Orange County Board of County Commissioners

April 7, 2015