Planning Board Staff Report

 


 

 

VILLAGE COUNCIL HEARING

Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

October 21, 2010

 

Subject

Referral by Village Manager requesting the Planning Board make a report and recommendation on a request by Dr. DaJuane Anderson, EdD to permit the Anderson Academy of Mathematics and Science a private 5-8 school at 9096 Biscayne Blvd. the Shores Square Center., under Sec. 609 [Granting of permits to schools.]

 

Action Required

Provide Report and Recommendation to Village Manager

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

October 4, 2010

           

 

Request

 

The Village Manager received a request from Drs. DaJuane and Tamara Anderson, Anderson Educational Consultation, Anderson Academy of Mathematics and Science Inc. to open a private school for 10-25 students in grades 5-8.  The school is incorporated as a not profit 501 (c) 3 corporation.  According to the applicants, “The focus of the program will be to improve the mathematics, science, reading, and writing achievement performance of each student. Our goal is to close the achievement gap for at-risk students and increase the high school graduation rate for students.”

 

The Village Manager has requested that the Planning Board review the request and provide a report and recommendation on the establishment and location of the Anderson Academy of Mathematics and Science Inc. at 9096 Biscayne Boulevard in the Shores Square Center.

 

Analysis

 

The Florida Department of Education does not accredit, regulate, approve, or license K-12 private schools. Additionally, the Florida Department of Education does not officially recognize any of the various agencies that accredit private schools.

 

A private school is defined in Section 1002.01(2), Florida Statutes, as “an individual, association, copartnership, or corporation or department, division, or section of such organizations, that designates itself as an educational center that includes kindergarten or a higher grade” and is below the college level.

 

For-profit and nonprofit private schools are subject to local building, zoning, public safety, and inspection regulations.

 

In Miami Shores schools may only be located on land zoned Community Facility District and designated as Institutional on the Future Land Use Map.  University’s may only be located on land zoned Special Use - College District and designated as Institutional on the Future Land Use Map.

 

The location of the proposed school is zoned B-1 Local Business and is designated as Restricted Commercial on the Future Land Use Map.  Neither the zoning district or FLUM designation permit schools private or otherwise.

 

Code of Ordinances

Sec. 609.  [Granting of permits to schools.]

Anything herein and in the schedule and zoning map which any parts hereof to the contrary notwithstanding, the village council may from time to time grant permits to schools to conduct their operations in Miami Shores Village. Such permits shall be limited to a period of five consecutive years to any one school and shall permit such school to lease or otherwise obtain the right to use a temporary facility in which to conduct its classes during the period of the license. Such temporary facility shall not be required to conform to other provisions respecting schools in this ordinance, but they shall conform to such additional provisions as the council in its discretion may impose in said permit. Such restrictions may contain, among others, provisions with respect to the use of on-street parking and the effect, if any, created in the immediate neighborhood by the school activities. Said permits are subject to being revoked by the council upon such terms and conditions as may be specially provided for therein.

 

Private schools are subject to local zoning requirements, building codes, public safety, and inspections regulations however, under Sec. 609 [Granting of permits to schools.] of the code of ordinances, notwithstanding the requirements of the code of ordinances the village council may grant approval to use a temporary facility in which to conduct classes for a period of 5 consecutive years.

 

Sec. 609 of the code of ordinances was first utilized to permit modular classrooms at the Miami Shores Elementary School.  The modular classrooms did not meet the construction standards of Miami Shores however, they were temporary in nature and were approved as such under Sec. 609.  The Miami Shores Elementary School is located within a Community Facility zoning district on land that is designated as Institutional on the Future Land Use Map as required by the zoning code and comprehensive plan.

 

 Sec. 609 was used for the second and last time to permit modular classrooms at the Miami Shores Barry University Charter School.  The modular classrooms again did not meet the construction standards of Miami Shores however, they were temporarily in nature and were approved as such under Sec. 609.  Miami Shores Barry University Charter School is located within a Special Use - College District on land that is designated as Institutional on the Future Land Use Map as required by the zoning code and comprehensive plan.

 

No evidence has been provided that would support overriding the zoning code and comprehensive plan to allow a school to be located within a B-1 Local Business on land that is designated as Restricted Commercial on the Future Land Use Map.

 

Recommendation

 

There are insufficient grounds provided to wave the requirements of the zoning code and comprehensive plan to permit a school in a B-1 Commercial District on land designated as Restricted Commercial on the Future Land Use Map.

 

The applicant has not provided satisfactory evidence to give sufficient cause to the Planning Board to make a positive recommendation on the school.