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Planning Commission I~linutes October 12, 2010 Page 2 MOTION BY COMMISSIONER LEMKE AND SECONDED BY • COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY PLAISTED COMPANIES FOR A CONDITIONAL USE PERMIT TO AMEND AN EXISTING PERMIT TO ALLOW LEAF COMPOSTING, CASE NO. CU 10-20. MOTION CARRIED 6-0. 5.2. Reduest by City of Elk River for Ordinance Amendment Regarding Educational Uses in BP Zoning District, Public Hearing -Case No OA 10-11 The staff report was presented by Jeremy Barnhart. Mr. Barnhart reviewed information regarding Spectrum School which led to the City Council's direction to have staff prepare an ordinance amendment to permit a school in the Business Park Zoning District. Most important was the fact that charter schools are not allowed to own property and therefore, must rely on a private owner to lease space. Mr. Barnhart explained that staff is in a unique situation of not supporting the amendment, due to concerns outlined in the staff report to the Commission dated September 13, 2010. Chair Westberg opened the public hearing. There being no public comment, Chair Westberg closed the public hearing. Commissioner Scott stated that although he understands Spectrum's situation, he has concerns with the amendment and felt that it would result in a negative precedent. Commissioner Bell asked if the school could request an interim use permit. Mr. Barnhart stated no, an interim use permit is not permissible without an ordinance change. He • explained that the use must be permitted as a conditional use, due to recent changes to the ordinance regarding interim uses. Chair Westberg asked if a zone change would be better to address the request. Mr. Barnhart stated he felt a zone change would be more damaging to the integrity of the Business Park. Commissioner Anderson stated that although he understands Spectrum's dilemma, he also had concerns for locating a school in the business park. He explained that the goal is to bring businesses to the business park that will create jobs. He stated there may be an unknown potential for conflicts. He did not feel it was a good policy for the city to make these kinds of changes John Cairns, attorney representing Spectrum School -stated that he represents charter schools exclusively. He stated that most charter schools are located in commercial or industrial space. He explained that charter schools must pay taxes and that leasing the property makes it viable by generating property taxes. Mr. Cairns stated that the subject property is now an office warehouse, and is not likely to be utilized for a machining or factory type of business. Commissioner Lemke asked for confirmation that a charter school cannot own property. Mr. Cairns stated yes, based on current state law. Lemke asked if a sponsor could own the property. Mr. Cairns stated no, that the property must be owned privately and leased to the school and that they would pay taxes. Commissioner Lemke stated that he concurred with Commissioner Anderson's comments. • He stated he did not see how conflicts could be addressed such as noise, truck traffic and