Title
An Ordinance Of The City Of Hollywood, Florida, Amending Articles 2 And 4 Of The Zoning and Land Development Regulations Providing A Definition And Establishing Performance Standards For K-12 Schools. (24-T-04)
Strategic Plan Focus
Economic Vitality
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation
SECOND READING:
FIRST READING:
On March 12, 2024, the Planning and Development Board unanimously recommended approval of the ordinance, with conditions, to the City Commission.
Following first reading on May 5, 2024, the City Attorney recommended the City Commission withdraw the item (June 5, 2024) and have it return for a second first reading to address outstanding concerns, and to modify the language of the ordinance to the satisfaction of the City Commission. To allow for more time, on July 3, 2024, the City Commission extended the Zoning In Progress from August 26, 2024 to February 26, 2025. If the Commission does not approve this Ordinance on this first reading, the Zoning In Progress will expire. This could lead to the potential establishment of schools in areas of the City that may be incompatible with that intended use.
The attached Ordinance reflects the direction given by the City Commission:
• Precludes schools from locating in a mixed-use structure
• Allows staff to determine if flexibility is needed for the timing to secure development orders (zoning)
BACKGROUND
In an urbanizing municipality, proper school site selection is critical for maintaining community well-being and livability by mitigating potential nuisances such as traffic, noise, and congestion. The attached performance standards support this site selection process for public and private schools, helping to manage the impacts schools can have on surrounding areas. These standards ensure that schools are located in appropriate areas to minimize disruptions to residents and the built environment. In exceptional cases, applicants may seek relief from these standards through approval from the Planning and Development Board.
However, the state's intervention in planning matters, particularly through laws such as s. 1002(19)(a) and (b), Fla. Stat., has allowed schools, including microschools, to bypass local government planning and authority (not Building/Fire Code) which could create impacts to the community that are difficult to mitigate. Specifically, private schools can use facilities such as libraries, churches, community centers, and other public institutional facilities under their preexisting zoning and land use designations without obtaining a Special Exception, Rezoning, or Land Use Change. This circumvention of local planning processes eliminates the need to comply with mitigation requirements or conditions typically imposed to address potential nuisances. While these facilities must still meet health, safety, and building codes, the lack of local oversight may challenge efforts to manage the broader impacts of school facilities on urban communities.
The Commission requested that staff explore enabling microschools within residential areas. Microschools, which may serve 20 or fewer students, are challenging to assess from both a Fire and Building standpoint due to their unique size and operational model. Staff have reviewed various articles indicating that the state is considering preempting local jurisdictions' ability to regulate microschools. As such, microschools are currently a grey area in local planning and regulation.
Fiscal Impact:
Approval of this ordinance will not fiscally impact the City as this is a Text Amendment to establish a definition and performance standards for K-12 Schools.
Recommended for inclusion on the agenda by:
Anand Balram, Planning Manager
Andria Wingett, Director of Development Services
Raelin Storey, Assistant City Manager