5.2. SR 10-18-2010 - Laserfiche WebLink

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~j Elk REQUEST FOR ACTION River TO ITEM NUMBER Ci Council 5.2. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment October 18, 2010 exem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED BY Ordinance Amendment for Educational Uses in Business Park Zoning District, City of Elk River, Case No. OA 10-11-Public REVIEWED BY Hearing ACTION REQUESTED Consider an amendment to the zoning ordinance to: 1. Define educational institutions 2. Permit them as a Conditional Use in the Business Park Zoning District. Staff and the Planning Commission recommend denial of the amendment, as a high school is not an appropriate use in the Business Park Zoning District and will likely cause conflicts with some of the more intense uses anticipated there. BACKGROUND/DISCUSSION Spectrum Charter School approached the City Council in September 2010 with a desire to locate their high school in the Business Park Zoning District. Supporting the use, and recognizing that an ordinance amendment was necessary (as schools axe classified as an institutional use), the City Council directed staff to draft an ordinance that would allow Spectrum to locate the school in the subject area. Some comments were received that suggested that a school would be more appropriate than churches or other institutional uses. Based on current state law, charter high schools are not permitted to own property. Therefore, they must find an entity willing to provide a building sufficient fox their needs, a site with space for outdoor fields, a location within a specific geographical area (the school district), and at a cost agreeable to the school. In Spectrum's case, they must also find this building and be able to move in by June 2011, when their current lease expires. Members of the Council felt these criteria limited options allowing them to support the amendment to the zoning ordinance. Planning Commission Comment The Planning Commission held their public hearing on October 12. The Planning Commission was unanimous in its support for Spectrum High School, but felt that a school in the Business Park Zoning District was not appropriate. The Planning Commission felt that long term a school in an industrial area was not desirable. The Planning Commission recommended denial in a 6-0 vote. Commissioner Ives was absent.