If the council rejects the site plan, then the matter will return to the courts where the judges will issue their ruling.
Boutsis outlines two possible outcomes if the matter goes back to the courts:
If the judges rule in favor of Shores at Palmetto Bay, the charter-school application would need to obtain administrative approval and will not be brought up for a council hearing. But if the court rules in favor of Palmetto Bay, the application would go back to the council for a hearing.
A handful of Palmetto Bay residents spoke at Monday night’s meeting, urging the council to vote against the settlement.
“The settlement gives little to nothing to Palmetto Bay and favors the developer. … The settlement turns the clock back to what the developer wanted a year and a half ago. It sends a bad signal to future developers that even if they do not follow the legal procedures, they can sue, and Palmetto Bay will give them what they want, ” resident Marsha Matson told the council before the vote. Matson later told The Miami Herald she is concerned about traffic tie-ups that will slow down emergency response time from nearby police and fire stations.
In addition to the charter school, Shores at Palmetto Bay has also proposed to build a mixed-use residential and commercial complex on the property, including residences, offices and retail businesses. Palmetto Bay staffers will review this part of the project.
A hearing for the charter school’s site plan has not yet been scheduled.
This isn’t Palmetto Bay’s first legal dispute over school expansion. The village was on the losing end of a long court battle after it rejected an expansion of Palmer Trinity school.