RES 15-016 Approving the PUD for 3055 Old Highway 8

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SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-016 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AGREEMENT AND THE PLANNED UNIT DEVELOPMENT ORDINANCE RELATED TO THE PROPERTY LOCATED AT 3055 OLD HIGHWAY 8 (PID 0602923410140 AND PID 0602923410139) IN SAINT ANTHONY VILLAGE, HENNEPIN COUNTY, MINNESOTA WHEREAS, on February 14, 2012, the ABU-HURAIRA ISLAMIC CENTER and MUXAMEDRASHID ALI (collectively, "Property Owner"), applied for a Conditional Use Permit ("CUP") to operate an assembly and other related uses within the Light Industrial district at the St. Anthony Business Center, 3055 Old Highway 8, St. Anthony, Minnesota 55418, PID 0602923410140 AND PID 0602923410139 ("the Property"); and WHEREAS, on March 13, 2012, the City Council passed an interim ordinance imposing a moratorium on the issuance of CUPS for assemblies, meeting lodges, or convention halls in the City's LI — Light Industrial and C- Commercial Districts. At this time, the City Council also passed a resolution authorizing City staff to conduct a study regarding the regulation of assemblies, meeting lodges, and convention halls in the LI — Light Industrial and C — Commercial Zoning Districts; and WHEREAS, on June 12, 2012, the City Council held a public hearing and voted to deny the Property Owner's application for a CUP; and WHEREAS, the United States of America ("United States") filed a complaint against the City under the Religious Land Use and Institutionalized Persons Act of 2000 in Federal District Court; and WHEREAS, the Property Owner initiated related actions in Federal and State District Courts; and WHEREAS, on December 11, 2014, representatives of the Property Owner and the U.S. Department of Justice with appropriate settlement authority, met in a settlement conference along with City representatives who were authorized by the City Council to negotiate a settlement, subject to approval by the City Council, under direction of the U.S. District Court (the "Settlement Conference"); and WHEREAS, the Settlement Conference culminated in the parties agreeing to certain material settlement terms, subject to City Council approval, including allowing the Property Owner specified uses of the Property through the process of a Planned Unit Development ("PUD") as provided in Chapter 152 of the City Code; and WHEREAS, the parties at the Settlement Conference, to the extent of their authority at the Settlement Conference, agreed that would apply for the Property to become subject to a PUD to be approved by the City Council; and